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Marshall Village City Zoning Code

ARTICLE 1

F Nonconforming Uses, Structures, And Lots


(Revised Ord. 2010-04, May 11, 2010)

13-1-80 Article Purpose And Definitions

The purpose of this article is to establish requirements for nonconforming conditions legally established prior to the date of adoption of this title, or of subsequent amendments thereto. All such terms are as defined in Section 13-1-200.

HISTORY
Repealed & Replaced by Ord. 2025-04 on 7/8/2025

13-1-81 Legal Nonconforming Uses And Structures

  1. Continuance.
    1. Any nonconforming use lawfully existing upon the date of adoption of this title, or upon any subsequent amendment to this title, 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 the date of adoption of this title, or upon any subsequent amendment to this title, 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. Modification and Expansion.
    1. Except as otherwise qualifies under subsections (2) or (3) below:
      1. 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.
      2. 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.
    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:
      1. 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.
      2. 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:
      1. The use or 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.
  3. 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 title.
  4. Enforcement. Nothing in this section shall preclude the Zoning Administrator from initiating remedial or enforcement actions 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.


HISTORY
Repealed & Replaced by Ord. 2025-04 on 7/8/2025

13-1-82 Legal Nonconforming/Substandard Lots

  1. Building Allowance on Substandard Lots. A lot of record established legally at the time, but not meeting the minimum lot area and/or width requirements of the associated zoning district, 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.
    3. Is developed to comply with this title and other applicable provisions of the Municipal Code, including but not limited to all setback requirements.
  2. New Lots to Meet Standards. No new lot shall be created, or existing lot altered, so as not to meet the dimensional requirements of the associated zoning district, or so as to be less conforming with any such requirement if already a nonconforming lot.


HISTORY
Repealed & Replaced by Ord. 2025-04 on 7/8/2025

2025-04