Marinette City Zoning Code
ARTICLE XXXII
Nonconformities
§ 465-295 Statement of purpose.
Zoning regulations are generally prospective, that is, they apply to uses of land proposed to be established after the regulations go into effect. This chapter provides rules for a variety of situations in which uses were established, lots were created, buildings were constructed, etc., prior to the enactment of zoning. After the enactment, questions arise as to continuance, change in use, expansion, etc. Within the zoning districts established by this chapter, there may exist uses, buildings, structures, and lots that do not conform to the provisions of this chapter. The purpose of this article is to specify those circumstances and conditions under which these nonconforming uses, buildings, structures and lots shall be permitted to continue.
§ 465-296 Buildings under construction.
Buildings or structures on which construction was started or for which a construction contract was entered into before the effective date of this chapter may be constructed notwithstanding this chapter, provided that the construction was legal and had received any necessary permits under any ordinances in effect on the date the construction project commenced.
§ 465-297 Nonconforming buildings, structures uses and lots.
A.
Statement of purpose.
(1)
This chapter establishes separate and distinct zoning districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, uses and lots which affect the orderly development and taxable value of other property in the district not be permitted to continue without restrictions.
(2)
The purpose of this article is to provide for the regulation of nonconforming buildings, structures, uses and lots, and to specify those circumstances and conditions under which those nonconforming buildings, structures, uses and lots shall be permitted to continue.
B. DEVELOPMENT REGULATIONS NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE
Definitions. As used in this article, the following terms shall have the meanings indicated:
The part of a zoning ordinance that applies to elements, including setback, height, lot coverage, and side yard.
A lot that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the lot size regulations in the current zoning ordinance.
A dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance.
A use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current ordinance.
§ 465-298 Nonconforming uses.
A.
The lawful nonconforming use of a building, structure or land existing on the effective date of this chapter may be continued although it does not conform to the provisions of this chapter, provided that:
(1)
Structural repairs or structural alterations to the building or structure shall not exceed 50% of the total assessed value of the building or structure, unless the owner is granted permission to exceed 50% of the total assessed value of the building or structure by applying for, and being granted, a conditional use permit by the City of Marinette Plan Commission.
(2)
The nonconforming use shall not be extended or expanded, unless the owner is granted permission to extend or expand their nonconforming use by applying for, and being granted, a conditional use permit by the City of Marinette Plan Commission.
(3)
The building or structure does not become and remain vacant for a continuous period of 12 months.
(4)
The nonconforming use of the land does not cease for a continuous period of 12 months.
B.
Discontinuance. If a legal 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.
C.
Nonconforming uses shall be permitted to continue, subject to the following:
(1)
Change of nonconforming use. A nonconforming use may be changed to another nonconforming use only as a conditional use. A nonconforming use which is changed to a conforming use shall not revert back to a nonconforming use.
[Amended 11-1-2011 by Ord. No. 2011-2207]
§ 465-299 Nonconforming buildings or structures.
A lawful nonconforming building or structure existing on the effective date of this chapter may be continued although it does not conform to the provisions of this chapter with respect to bulk characteristics, including, but not limited to, setback, open space, floor area ratio, height, density, parking facilities, amount of parking, and style.
§ 465-300 Nonconforming lots.
A.
A lawful nonconforming lot existing on the effective date of this chapter may be continued although it does not conform to the provision of this chapter, provided that the size and shape of the lot shall not be changed in any way to increase the nonconformity.
B.
Lots of record.
(1)
A nonconforming lot may be used for any use permitted within the zoning district in which the lot is located but shall not be a building site, unless a variance is granted as provided in Article XXXIII, and required setbacks and yards shall be determined by the Building Inspector and the Zoning Board of Appeals, subject to the following regulations.
(2)
Parcels and lots created prior to the adoption of this chapter, and which are not of sufficient size or appropriate dimensions to permit construction in accord with dimensional standards of this chapter, are subject to the following requirements:
(a)
Any lot so used shall satisfy all requirements of the sanitary code; and
(b)
A substandard lot may not be used as provided in this article if there are abutting lands in the same ownership which could be combined with the substandard lot to result in conformity with the dimensional rules of this chapter; and
(c)
In a residential district where a lot was of record prior to the adoption of this chapter, if the lot has an area less than the minimum square feet per family required for the district in which it was located, a one-family detached dwelling and its accessory structures may be erected on such lot, provided that the following requirements are met:
§ 465-301 Restoration of nonconforming building or structure.
A.
A lawful nonconforming building or structure existing on the effective date of this chapter that has been damaged or destroyed may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, provided that: (1) the nonconforming building or structure was damaged or destroyed after the time when the building or structure became nonconforming; and (2) the damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold or infestation.
B.
The size of the restored building or structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure or building to comply with applicable state or federal requirements.
§ 465-302 Regulations of nonconformities.
A.
Legal conforming uses on nonconforming lot or nonconforming lot containing legal nonconforming structures. The legal conforming use of a nonconforming structure may be continued although the structure's size or location does not conform with the established building setback line along streets or yard, height, parking, loading and/or access provisions of this chapter.
B.
Administration/burden record of nonconforming uses. A record of all nonconforming uses shall be maintained by the Building Inspector, as the nonconforming use(s) become known to the Building Inspector. The record shall list the owner's name and address, description of all uses of any structures, land or water, a site plan of the property showing the location of any structures, a plat map showing the dimensions of the lot, and a notation as to the equalized value of the land and any improvements at the time the nonconforming use was created.
C.
Burden of proof. The property owner has the burden of showing that a use is a conforming use. The initial determination of such nonconforming status shall be made by the Building Inspector, which determination is appealable to the Plan Commission within 30 days of such initial determination.