Herman Town Dodge County
City Zoning Code
City Zoning Code
ARTICLE VIII
Nonconforming Uses, Structures and Lots
§ 384-66 Existing nonconforming uses.
The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter; however, only the portion of the land in actual use may be so continued, and the structure housing the nonconforming use may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered if it extends or enlarges the nonconforming use except when required to do so by law or order or so as to comply with the provisions of this chapter.
A.
Total lifetime structural repairs or alterations to the structure housing the nonconforming use shall not exceed 50% of the assessed value of the structure at the time of its becoming nonconforming unless it is permanently changed to conform to the use provisions of this chapter.
B.
Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
§ 384-67 Abolishment or replacement.
A.
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, public enemy, or other calamity to the extent of more than 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.
B.
A current file of all nonconforming uses shall be maintained by the Zoning Administrator listing the following: owner's name and address; use of the structure, land, or water; and assessed value at the time of its becoming a nonconforming use.
§ 384-68 Existing nonconforming structures.
A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform to the lot width, lot area, yard, height, parking, loading, and access provisions of this chapter; however it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
A.
Additions and enlargements to existing nonconforming structures are permitted so long as they do not increase the extent of nonconformity and shall conform to the required building setback lines along roads, water and highways and the yard, height, parking, loading and access provisions of this chapter.
B.
Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood or any other event may be reconstructed and insofar as is practicable shall conform to the required building setback lines along streets and highways and the yard, height, parking, loading and access provisions of this chapter.
§ 384-69 Changes and substitutions.
Once a nonconforming use or structure has been changed to conform, it shall not revert to a nonconforming use or structure. Once the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Appeals.
§ 384-70 Substandard lots.
A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter but which is at least 50 feet wide and 7,500 square feet in area may be used as a building site for a single-family dwelling upon issuance of a land use permit, subject to the following conditions:
A.
Such use is permitted in the zoning district.
B.
The lot is on record in the County Register of Deeds office prior to the effective date of this chapter.
C.
The lot is in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the terms of this chapter.
D.
All the dimensional requirements of this chapter are complied with insofar as practical.
E.
If such lot is located in the A-1 Farmland Preservation District or A-2 General Agricultural District, such single-family dwelling shall be considered a conditional use subject to the provisions of Article IV of this chapter.
