Zoneomics Logo
search icon

Iron Ridge City Zoning Code

ARTICLE VIII

Nonconforming Uses, Structures and Lots

§ 365-62 Existing nonconforming uses.

A. 
The lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, 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.
B. 
Total lifetime structural repairs or alterations shall not exceed 50% of the Village's assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
C. 
Substitution of new equipment may be permitted by the Board of Zoning Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

§ 365-63 Abolishment or replacement.

If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the 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.

§ 365-64 Existing nonconforming structures.

A. 
The 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 with the lot width, lot area, yard, height, parking and 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.
B. 
Additions and enlargements to existing nonconforming structures are permitted and shall conform with the required building setback lines along streets, water, and highways, and the yard, height, parking, loading and access provisions of this chapter. Existing nonconforming structures may be moved or may be reconstructed if damaged or destroyed by fire, explosion, flood or other calamity; and shall conform with the required building setback lines along streets and highways, and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to additions or enlargements, reconstruction, and moving are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by public sanitary sewer.
C. 
Pursuant to § 62.23(7)(hc), Wis. Stats., and notwithstanding any other provision of this chapter, a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to, or replaced at, the size, location, and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 365-65 Changes and substitutions.

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Board of Zoning 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 Zoning Appeals.

§ 365-66 Substandard lots.

A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site for a single-family dwelling upon issuance of a building 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 shall be complied with insofar as practical.
E. 
The sanitary provisions of the County Sanitary Ordinance shall apply to those lots not served by public sewer.