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Hales Corners City Zoning Code

ARTICLE IX

Nonconforming Uses, Structures and Lots

§ 445-9.1 Existing use permitted.

The existing lawful use of a structure or land at the time of the enactment of this chapter or any amendment applicable thereto which is not in conformity with the provisions established by this chapter may be continued in the manner and for the purposes then existent subject to the conditions hereinafter stated.

§ 445-9.2 Classification and regulation.

For the purpose of administration, such nonconformity shall be classified and regulated as follows:
A. 
Nonconforming structures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
No such structure, i.e., building, structure or fixture, shall be expanded, enlarged, reconstructed, substituted, moved or structurally altered, except in conformity with the regulations of the district in which it is located.
(2) 
The total structural repairs or alterations in such a nonconforming building, structure, or fixture shall not during its life exceed 50% of the assessed value of the building, structure, or fixture unless permanently changed to a use in conformity with the regulations of the district in which it is located.
B. 
Nonconforming use of structure.
(1) 
No such use shall be expanded or enlarged.
(2) 
Upon petition to and approval of the Board of Appeals, such use may be changed to another use, provided the Board determines that the new use would result in an equal or lesser degree of nonconformity and provided further that such new use shall thereafter determine the degree of legal nonconformity.
(3) 
Where any such use is discontinued for a period of 12 consecutive or for 18 accumulative months during any three-year period, any future use of the structure shall conform to the regulations of the district in which it is located.
(4) 
Where the structure in which such use is carried on is the subject of total structural repairs or alterations requirements to the extent of more than 50% of the current assessed value of the building, structure, or fixture, it shall not be restored for use except in conformity with the regulations of the district in which it is located.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5) 
Structural repairs and alterations to a building, structure or fixture housing or providing for such use shall not, as long as such use continues, exceed 50% of the assessed value of the building, structure, or fixture at the time the use became nonconforming.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Nonconforming lots.
(1) 
No such lot shall be conveyed to a new owner except in conformity with the applicable provisions of Chapter 388, Subdivision of Land, of the Village Code.
(2) 
No building or occupancy permit shall be issued except in conformity with the general provisions of this chapter and the standards of the individual zoning district.
(3) 
The size and shape of such lot shall not be altered in any way so as to increase the degree of nonconformity except with the approval of the Board of Appeals.
D. 
Nonconforming use of land.
(1) 
No such use shall be expanded or enlarged.
(2) 
Upon petition to and approval of the Board of Appeals, such use may be changed to another use provided the Board determines that the new use would result in an equal or lesser degree of nonconformity and provided further that such new use shall thereafter determine the degree of legal nonconformity.
(3) 
Where any such use is discontinued for a period of 12 consecutive or for 18 accumulative months during any three-year period, any future use of the land shall conform to the regulations of the district in which it is located.
E. 
Repair, rebuilding and maintenance of certain nonconforming structures.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
As used in this subsection, the following terms shall have the meanings indicated:
DEVELOPMENT REGULATIONS
The part of this chapter or other part of the Village Code that applies to elements including setback, height, lot coverage, and side yard.
NONCONFORMING STRUCTURE
A dwelling or other building, structure or fixture that existed lawfully before the current zoning or applicable other Village ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance or applicable part of the Village Code.
(2) 
This chapter and any other applicable part of the Village Code shall not prohibit or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.
F. 
Restoration or replacement of certain nonconforming structures.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in this chapter or any other applicable part of the Village Code shall not prohibit the restoration or replacement of a nonconforming building, structure or fixture if the building, structure or fixture will be restored to, or replaced at, the size, subject to Subsection F(2), location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:
(a) 
The nonconforming building, structure or fixture was damaged or destroyed on or after March 2, 2006.
(b) 
The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.
(2) 
An ordinance enacted under this subsection to which Subsection F(1) applies shall allow for the size of a structure to be larger than the size it was immediately before the damage or destruction, if necessary for the structure to comply with applicable state or federal requirements.
G. 
Controlling provision: substandard lots. This chapter does not prohibit an owner from doing any of the following:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Conveying an ownership interest in a substandard lot.
(2) 
Using a substandard lot as a building site if all of the following apply:
(a) 
The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.
(b) 
The substandard lot or parcel is developed to comply with all other ordinances of the Village.

§ 445-9.3 Removal of hazards.

Where, upon complaint of the Building Inspector, any nonconforming structure or use shall be found by the Board of Appeals as a matter of fact to be a detriment to the public health, safety or general welfare, such structure shall be ordered to be removed or such use to be discontinued within such time as the Board may deem reasonable. Upon failure to carry out such order, the Village may take such steps as are necessary to remove such structure or discontinue such use and assess the cost thereof against the property owner.

§ 445-9.4 Front setback deviations.

Where the front setback requirements of this chapter deviate more than 10% from established front setbacks of buildings within the immediate area and facing on the same side of a street, the Zoning Administrator shall establish front setbacks within 10% in line with existing buildings.