The purpose of this article is to establish requirements for nonconforming and substandard lots, nonconforming uses, nonconforming structures, and nonconforming sites created legally prior to the effective date of this chapter. Nonconforming signs are also addressed in article XIII.

(Ord. No. 16-07, 6-20-2016)

A.

New lots to meet new lot standards. After the effective date of this chapter, no lot shall be created that does not meet the lot width, lot area, or lot frontage requirements of each zoning district, per article V.

B.

Development of nonconforming lots: residential, RR, and AR zoning districts. Within such zoning districts as mapped on June 20, 2016, a lot of record lawfully created but not meeting one or more of the minimum lot width, lot area, or lot frontage for the zoning district may not be utilized for a new permitted-by-right use in that district, except where such use does not include or require the erection of any building. Such lots shall become buildable only in one of the following circumstances:

(1)

The lot is combined with all or part of an adjoining lot(s) to meet all the minimum width, area, and frontage requirements for the zoning district;

(2)

The lot is rezoned to another zoning district in which all width, area, and frontage requirements are met; or

(3)

The owner of the lot obtains a variance from the board of appeals meeting the requirements and subject to the limitations of section 520-126.

C.

Development of nonconforming lots: all other zoning districts. Within all other zoning districts as mapped on June 20, 2016, a lot of record lawfully created and not designated as an unbuildable outlot, but that does not meet one or more of the minimum lot dimensional requirements for the zoning district, may be utilized for a new permitted-by-right use in that district, provided the measurements of such lot area, dimensions, and setbacks are equal to or greater than 67 percent of the minimum requirements of the district. Said lot shall not be more intensively developed unless combined with one or more abutting lots (or portions thereof) so as to create a lot that meets the requirements of this chapter.

(Ord. No. 16-07, 6-20-2016)

A.

Continuance of nonconforming uses. Any nonconforming use lawfully established prior to the date it became prohibited by this chapter may be continued without expansion and in a manner of operation existing upon such date, except as specified for nonconforming uses in this section.

B.

Modification of nonconforming uses. A nonconforming use shall not be expanded, enlarged, extended, or reconstructed unless the use qualifies under subsection D.

C.

Discontinuance of nonconforming uses. When any nonconforming use of any structure or land is discontinued for a period of 12 consecutive months, or is changed into different use, any future use of said structure or land shall be in complete conformity with the provisions of this chapter.

D.

Maintenance and repair of nonconforming uses. The ordinary maintenance and repair of a nonconforming use is permitted, including necessary repairs and incidental alterations that do not exacerbate the adverse impacts of the nonconforming use in relation to the intent and purpose of this chapter. Except as otherwise provided in this section, whenever a nonconforming use is damaged to the extent of more than 50 percent of the then-current equalized assessed value of the use and associated structure, such use shall not be restored except in conformity with the regulations of the district in which it is located. Notwithstanding the previous sentence, the structural repairs or alterations in a conforming structure containing a nonconforming use shall not during its lifetime exceed 50 percent of the equalized assessed value of said structure at the time of the first known structural repair or alteration, unless the use within said structure is permanently changed to a conforming use.

(1)

A manufactured home community licensed under Wis. Stats. § 101.935, that is a legal nonconforming use continues to be a legal nonconforming use notwithstanding the occurrence of any of the following activities within the community:

(a)

Repair or replacement of homes;

(b)

Repair or replacement of infrastructure.

(Ord. No. 16-07, 6-20-2016)

A.

Continuance of nonconforming structures. Any structure lawfully established may be continued at the size and in a manner of operation existing upon such date, except as provided for nonconforming structures in this section.

B.

Expansion of nonconforming structures. Any lawful nonconforming structure may be extended, enlarged, reconstructed, moved, or structurally altered, provided that said extension, enlargement, reconstruction, movement or alteration does not create any new violation of any setback or building requirements of the zoning district, nor increase the degree of the existing nonconformity except as:

(1)

Permitted under subsection C;

(2)

Required by law or governmental order;

(3)

Required to comply with the provisions of this chapter; or

(4)

In accordance with a variance granted by the zoning board of appeals.

C.

Damaged or destroyed nonconforming structures. Per the requirements of Wisconsin Statutes, a damaged or destroyed nonconforming structure may be restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred, without any limits on the costs of the repair, reconstruction, or improvement, if all of the following apply:

(1)

The nonconforming structure was damaged or destroyed on or after March 2, 2006.

(2)

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

D.

Unsafe structures. Nothing in this chapter shall preclude the zoning administrator from initiating remedial or enforcement actions when a lawful nonconforming structure is declared unsafe or presents a danger to the public health, safety, or welfare.

E.

Future modification of nonconforming structures. When any lawful nonconforming structure in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of said structure shall be in conformance with the provisions of this chapter.

F.

Ordinary maintenance of nonconforming structures. Ordinary maintenance, repairs (including repairs reasonably necessary to prevent the deterioration of a structure), and remodeling of a nonconforming structure are permitted. Ordinary maintenance, repairs, and remodeling include internal and external painting, decorating, paneling, the addition of acoustical ceilings, the installation of heating, electricity, plumbing (including fixtures), insulation, and the replacement of doors, windows, and other nonstructural components.

G.

Timing of building permit. Any structure for which a building permit has been lawfully granted prior to an amendment to this chapter causing the structure or use to become nonconforming may be completed in accordance with the approved plans, provided construction is started within 365 calendar days after issuance of the permit, and construction is completed within the term of the permit. If all such conditions are met, the construction or alteration within the scope of the permit shall not be deemed a change in the use or an expansion of the nonconformity for purposes of this section.

(Ord. No. 16-07, 6-20-2016)

A.

Definition. A nonconforming site is one on which a principal use has been established prior to the effective date of this chapter and on which one or more site development standards, such as minimum landscape surfaces, buffer yards, plantings, or minimum parking, have not been met or cannot be met owing to the configuration of the site or existing structures, whether conforming or nonconforming.

B.

Blanket variance. A blanket variance for the requirements of this chapter is hereby granted to all development sites in their configuration existing or as finally approved as of the effective date of this chapter, except in the following circumstances:

(1)

Where other articles of this chapter make a particular requirement applicable to existing development sites or components thereof.

(2)

Where the predecessor zoning ordinance, or a village zoning decision under that ordinance, required site improvements which have not been satisfactorily completed or maintained.

(3)

Where a particular requirement of this chapter reflects a condition or requirement of approval for the particular development site.

(4)

Where the provisions of subsection C apply.

C.

Proposed enlargements require compliance. After the effective date of this chapter, additional site development that results in enlargement, expansion, or extension of uses or structures will not be allowed to occur without bringing the site into full compliance with all site development standards in this chapter, or into compliance to the extent practical as provided in different sections of this chapter, in accordance with the following:

(1)

On lots where the site configuration and undeveloped area are sufficient to comply with nonconformities in site design, no enlargement, expansion, or extension of a use or structure shall be permitted if it makes compliance with site regulations of the chapter impossible, even if said enlargement, expansion, or extension of the use or structure would otherwise be permissible.

(2)

Enlargements, expansions, or extensions that would result in creation of one or more nonconformities, render a nonconforming site incapable of being brought into full or greater compliance with nonconforming site requirements, or increase the degree of existing nonconformities with the site development standards of this chapter shall not be permitted, unless a variance is granted by the zoning board of appeals under section 520-126.

(3)

On lots with adequate configuration and area to bring the site into full or greater compliance with site design standards, said compliance shall be required at the time of any property improvement, modification, enlargement, or expansion requiring site plan approval. The degree to which the property shall be made to comply with substandard site design elements shall be proportional to the degree of property improvement.

(Ord. No. 16-07, 6-20-2016)