Maple Bluff Village
City Zoning Code
City Zoning Code
ARTICLE 7
Legal Nonconforming Uses, Structures, and Lots
§ 225-7-1 Article purpose and definitions.
The purpose of this article is to establish requirements for nonconforming conditions legally established prior to June 12, 2025, or subsequent amendments thereto. All such terms are as defined in § 225-9-3.
§ 225-7-2 Legal nonconforming uses and structures.
A.
Continuance.
(1)
Any nonconforming use lawfully existing upon June 12, 2025, or upon any subsequent amendment to this chapter, or any structure containing a nonconforming use, may be continued at the size and in a manner of operation existing upon such date, subject to allowances and exceptions in this section.
(2)
Any nonconforming structure lawfully existing upon June 12, 2025, or upon any subsequent amendment to this chapter, may be continued at the size and in a manner of operation existing upon such date, subject to allowances and exceptions in this section.
B.
Modification and expansion.
(1)
(a)
No nonconforming use, or structure containing a nonconforming use, shall be expanded, enlarged, extended, remodeled, reconstructed, moved, or otherwise modified unless the use is first changed to a permitted or conditional use in the applicable zoning district.
(b)
A nonconforming structure may only be expanded, extended, enlarged, or moved in a manner where such expansion, extension, enlargement, or movement complies with the dimensional and other requirements of this chapter, including but not limited to those in Figure 225-2-2.
(2)
A nonconforming structure may otherwise be repaired, rebuilt, renovated, remodeled, and maintained pursuant to § 62.23(7)(hb), Wis. Stats. Ordinary maintenance and repair of a nonconforming use, structure containing a nonconforming use, or nonconforming structure is permitted, which shall otherwise include:
(a)
Necessary repairs and incidental, non-structural alterations that do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this chapter.
(b)
Replacement of, or substitution for, machinery or equipment not involving structural alterations to associated structure; painting, decorating, paneling, the addition of acoustical ceilings; installation or replacement of heating, electricity, plumbing (including fixtures), and insulation systems; replacement of doors, windows, and other non-structural components; and construction or replacement of a conforming detached accessory building.
(3)
Whenever a nonconforming use, structure containing a nonconforming use, or nonconforming structure is damaged or destroyed, the use and structure may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, or larger if necessary for the structure to comply with applicable state or federal requirements, if the following apply:
C.
Discontinuance. When any nonconforming use is discontinued for a period of 12 consecutive months, or is changed into a conforming use, any future use of the associated structure or land shall conform with the provisions of this chapter.
D.
Nonconforming signs.
(1)
Each nonconforming sign may be maintained, which includes maintaining the existing appearance of the sign; replacing the supporting structure with identical materials; or changing the sign message without increasing or reconfiguring sign area.
E.
Nothing in this section shall preclude the Zoning Administrator from initiating remedial or enforcement actions under § 225-8-16 when a nonconforming use, structure containing a nonconforming use, or nonconforming structure is declared unsafe or presents a danger to the public health, safety, or welfare.
F.
See § 225-2-5E(5) for designation of certain previously built structures in the CIR district as legal nonconforming structures.
§ 225-7-3 Legal nonconforming/substandard lots.
A.
Building allowance on substandard lots. A legal lot of record as defined in § 225-9-3, existing on June 12, 2025, but not meeting the minimum lot area and/or width requirements of the associated zoning district per Figure 225.2.2, may be utilized as a building site for a permitted use (but not for a conditional use) in the associated zoning district, if all of the following apply to such lot:
(1)
Has never been developed with a principal building (including an attached garage) placed partly on an adjacent lot, whether or not such lot is or has been in common ownership.
(2)
Has never been legally combined with another legal lot by recorded document with the Register of Deeds. Consolidation of lots for parcel identification and taxing purposes alone is not considered a legal combination, but is instead defined as a parcel in § 225-9-3.
(3)
Is developed to comply with this chapter and other applicable chapters of the Code, including but not limited to all setback and floor area percentage requirements of Figure 225.2.2.
B.
New lots to meet standards. On or after June 12, 2025, no lot shall be created or altered so as not to meet the dimensional requirements in Figure 225.2.2, or so as to be less conforming with any such requirement if already a nonconforming lot.