Within the Zoning Districts established by this Ordinance, there may exist buildings or structures, uses of buildings or structures, or uses of land which do not conform to the provisions of this Ordinance. The purpose of this Section is to provide regulation of nonconforming buildings, structures and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.

A nonconforming building or structure existing on the effective date of this Ordinance may be maintained although it does not conform with the area, height, yard, open space or visual clearance provisions of this Ordinance, except as otherwise provided below in this Section:

A.

Repairs and Nonstructural Alterations. Repairs and nonstructural alterations may be made to a nonconforming building or structure, for ordinary maintenance repairs including internal and external painting, decorating, paneling, and the repair or replacement of doors, windows, nonbearing walls, fixtures, heating components, wiring, plumbing, roofing or other nonstructural components provided that the cubic content of the building or structure as it existed prior to the effective date of this Ordinance is not increased.

B.

Structural Alterations and Additions. A nonconforming building or structure shall not be structurally altered or enlarged in any manner except when such structural alteration or addition conforms to all of the regulations of the District in which it is located.

Additions or alterations to existing nonconforming buildings, structures or residential uses are permitted provided that the value of such addition or alteration does not exceed fifty (50) percent of the total assessed value of the existing building, and provided that the addition or alteration conforms with all other provisions of this Ordinance.

C.

Relocation. A nonconforming building or structure shall not be moved in whole or in any part to any other location on the lot unless every portion of such building or structure is made to conform to all the regulations of the District in which it is located.

D.

Exceptions For Nonconforming Multi-Family Residential Buildings and Structures. A multi-family residential building or structure which exceeds the number of units permitted by the Zoning Ordinance, and which is damaged or destroyed by a catastrophe or act of God, may be reconstructed to the same number of units if all of the following conditions are met:

1.

A Building Permit for the reconstruction is obtained within eighteen (18) months of the date of the catastrophe.

2.

Reconstruction will not increase any dimensional nonconformity of the building or structure.

3.

The site is zoned for multi-family residential use.

4.

The new building(s) comply with all other City and State Codes and Ordinances existing at the time of reconstruction.

E.

Exceptions For Nonconforming Residential Structures Located in the RS-3, RG-1 and RG-2 Zoning Districts. A residential building or structure which does not comply with any or all of the following:

■ Sections 3.06.G., 3.08.G. or 3.09.G. of the Zoning Ordinance, regarding Primary Entrance;

■ Sections 3.06.H., 3.08.H. or 3.09.H. of the Zoning Ordinance, regarding Windows;

■ Sections 3.06.I., 3.08.I. or 3.09.I. of the Zoning Ordinance, regarding Compatibility With Existing Structures; and

which is damaged or destroyed by a catastrophe or act of God, may be reconstructed to its original construction prior to such damage if all of the following conditions are met:

1.

A Building Permit for the reconstruction is obtained within twelve (12) months of the date of the catastrophe or act of God.

2.

Reconstruction will not increase any dimensional nonconformity of the building or structure.

3.

The reconstructed building or structure complies with all other City and State Codes and Ordinances existing at the time of reconstruction.

F.

Exceptions For Nonconforming Residential Structures Located in the RS-1, RS-2, RR-1, RR-2, RR-3 or RD Zoning Districts. A residential building or structure which does not comply with any or all of the following:

■ Sections 3.031.H., 3.032.H., 3.033.G., 3.04.G., 3.05.G. or 3.07.G. of the Zoning Ordinance, regarding Attached Garages;

■ Sections 3.031.I., 3.032.I., 3.033.H., 3.04.H., 3.05.H. or 3.07.H. of the Zoning Ordinance, regarding Building Composition and Character;

■ Sections 3.031.J., 3.032.J., 3.033.I., 3.04.I., 3.05.I. or 3.07.I. of the Zoning Ordinance, regarding Compatibility with Existing Structures; and

which is damaged or destroyed by a catastrophe or act of God, may be reconstructed to its original construction prior to such damage if all of the following conditions are met:

1.

A Building Permit for the reconstruction is obtained within twelve (12) months of the date of the catastrophe or act of God.

2.

Reconstruction will not increase any dimensional nonconformity of the building or structure.

3.

The reconstructed building or structure complies with all other City and State Codes and Ordinances existing at the time of reconstruction.

The nonconforming use of a building or structure existing on the effective date of this Ordinance may be continued although it does not conform with the use provisions of this Ordinance, except as otherwise provided in this Section:

A.

Repairs and Nonstructural Alterations. Repairs and nonstructural alterations may be made to a building or structure which contains a nonconforming use for ordinary maintenance repairs, including internal and external painting, decorating, paneling, and the repair or replacement of doors, windows, nonbearing walls, fixtures, heating components, wiring, plumbing, roofing or other nonstructural components to a value of which does not exceed fifty (50) percent of the total assessed value of the building or structure, provided that the cubic content of the building or structure as it existed prior to the effective date of this Ordinance is not increased.

B.

Structural Alterations and Additions. When a building or structure contains a nonconforming use, structural alterations and additions are only permitted when the use of the entire building or structure is changed to a use which conforms to all of the regulations of the District in which it is located.

C.

Expansion, Extension or Relocation. A building or structure containing a nonconforming use shall not, in any manner, be expanded or extended or be relocated in whole or in part to any location on the lot or onto any adjacent lot, unless the use of the entire building or structure is changed to a use which conforms to all of the regulations of the District in which it is located.

D.

One-Year Vacancy. A building or structure or portion thereof nonconforming as to use which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year, or more, shall not hereafter be occupied except by a use which conforms to the use regulations of the District in which it is located.

A nonconforming use of land where no building is involved, existing on the effective date of this Ordinance, may be continued although it does not conform with the use provisions of this Ordinance, except as otherwise provided below in this Section:

A.

Maintenance. Lots containing a nonconforming use of land, which do not have a building or structure thereon, may be maintained or repaired including grading, paving, and surfacing, or the repair and replacement of bumper or wheel stops, fences, screening and drainageways, provided that the amount of land devoted to such use as it existed prior to the effective date of this Ordinance is not increased.

B.

Expansion, Extension or Relocation. A nonconforming use of land shall not, in any manner, be expanded, extended or be relocated on the same lot.

C.

Discontinuance or Change of Use. If a nonconforming use of land or any portion thereof is discontinued or is proposed to be changed, any future or proposed use of such land shall be in conformance with the provisions of this Ordinance.

A.

Reconstruction.

1.

Nonconforming Buildings and Structures. Notwithstanding Section 7.02 of this Ordinance where a nonconforming building or structure is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation it may, consistent with Wis. Stats. § 62.23(7)(hc), be restored to the size and use it had immediately prior to the occurrence of the damage or destruction without any limitation on the cost of repair, reconstruction or improvement. Such a nonconforming building or structure shall be permitted to be reconstructed to be larger than its size immediately prior to the damage or destruction if necessary for the building or structure to comply with applicable state or federal requirements.

2.

Building or Structure Containing a Nonconforming Use. Where a building or structure containing a nonconforming use is damaged by a catastrophe or act of God to the extent equaling more than fifty (50) percent of its total assessed value, it shall not be reconstructed except as to comply with the height, yard, open space and use regulations of the District in which it is located. A building or structure containing a nonconforming use damaged to the extent equaling fifty (50) percent or less of its total assessed value, may be reconstructed provided that the nonconforming use as it existed prior to the damage is not increased or enlarged.

3.

Buildings or Structures Nonconforming to Visual Clearance, Excluding Fences. Where a building or structure, nonconforming as to visual clearance, is damaged by a catastrophe or act of God, to the extent equaling more than fifty (50) percent of its total assessed value, it shall be reconstructed to comply with the visual clearance regulations of Section 2.06.B. of this Ordinance. Where such a building or structure is damaged by a catastrophe or act of God, to the extent equaling fifty (50) percent or less of its total assessed value, it may be reconstructed provided that the building or structure meets the following regulations:

a.

No such building or structure shall be permitted in any District between the heights of three and one-half (3½) feet and eight (8) feet above the triangular space formed by any two (2) existing or proposed intersecting street right-of-way lines and a line joining points on such lines located a minimum of eight (8) feet from their intersection.

b.

No such building or structure shall be permitted in any Residential District between the heights of three and one-half (3½) feet and eight (8) feet above the triangular space formed by the intersection of any existing or proposed street right-of-way line with any existing or proposed alley right-of-way line, or the line formed by the edge of a driveway, and a line joining points on such lines located a minimum of fifteen (15) feet from their intersection.

Any fence, nonconforming as to visual clearance, which is damaged or destroyed by a catastrophe or act of God, shall not be reconstructed except as to comply with the visual clearance regulations of Section 2.06.B. of this Ordinance.

4.

Reserved.

B.

Reserved.

C.

Orders of Repair. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition any building, structure or part thereof declared to be unsafe by the Director of Department of City Inspections.

D.

Shoreland-Wetlands. Within the Shoreland-Wetland Overlay (SWO) District established by the Ordinance, the lawful use of a building, structure or property which existed at the time this Ordinance, or an applicable amendment to this Ordinance, took effect and which is not in conformity with the provisions of the Ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

Notwithstanding Wis. Stats. § 62.23(7)(h), the repair, reconstruction, renovation, remodeling or expansion of a legal nonconforming structure in existence at the time of adoption or subsequent amendment of this Ordinance adopted under Wis. Stats. § 62.231, or of an environmental control facility in existence on May 7, 1982, related to that structure, is permitted under Wis. Stats. §§ 62.231(5), 62.23(7)(h), applies to any environmental control facility that was not in existence on May 7, 1982, but was in existence on the effective date of this Ordinance or amendment.

The maintenance and repair of nonconforming boathouses which are located below the ordinary mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.

(Ord. No. 08-24, § 1, 2-21-2024)

The provisions of Section 7.0 shall also apply to buildings, structures, uses of buildings or structures or uses of land which hereafter become nonconforming due to the adoption of this Ordinance, amendments thereto, or rezonings.

Editor's note— Ord. No. 08-24, § 1, adopted Feb. 21, 2024, repealed § 7.07, which pertained to nonconforming uses and structures within the floodway and/or floodplain and derived from Code of 2021 § 7.07.