Martell Town City Zoning Code
ARTICLE IX
Nonconforming Uses, Structures and Lots
§ 240-65 Previously lawful condition.
Within the districts established and mapped by this chapter, or amendments thereto, there may exist uses of lands or buildings, structures or lots which were lawful before this chapter, or amendments thereto, became effective but which do not conform to the regulations herein. As set forth in § 59.69(10), Wis. Stats., such nonconforming conditions may be continued, subject to the requirements of this article.
§ 240-66 Nonconforming uses.
A.
Nonconforming use of land.
(1)
For all nonstructural uses of land, except nonmetallic mining operations, expansions shall be authorized only by a conditional use permit.
(2)
Expansion of a nonconforming nonmetallic mining operation shall be permitted up to the lot lines existing on the effective date of this chapter. Greater expansion may be authorized by a conditional use permit.
[Amended 4-17-2012 by Ord. No. 12-02]
B.
Nonconforming use of buildings or other structures. The following shall apply to all buildings or structures which house a nonconforming use:
(1)
Structural alterations or structural repairs of an existing building or structure which houses a nonconforming use shall be authorized by a land use permit.
(2)
Additions to an existing building or an existing structure which houses a nonconforming use shall be authorized only by a conditional use permit. Such additions shall comply with all applicable setbacks and other dimensional requirements of this chapter, unless variances are granted as provided in § 240-78.
(3)
If a structure which houses a nonconforming use is destroyed by fire, explosion, flooding, storm damage or other disaster, such structure may be restored and the nonconforming use may be restored therein upon issuance of a land use permit. Such restoration shall not exceed the original building floor area and volume, unless a conditional use permit is authorized, as provided in Subsection B(2). If the original structure which housed the nonconforming use is also a nonconforming structure, the provisions of § 240-67 shall also apply.
C.
Change of use. A nonconforming use shall not be changed to any use other than a use permitted in the zoning district in which it is located.
D.
Discontinuance. Where any such nonconforming use is discontinued for a period of 12 consecutive months, any future use of the building, structure or land shall conform to the regulations of the district in which it is located. Nonmetallic mining operations are discontinued when the activity complies with the definition of "abandonment of nonmetallic mining operations."
[Amended 4-17-2012 by Ord. No. 12-02]
§ 240-67 Nonconforming structures.
A.
Alterations and additions.
(1)
Structural alterations or structural repairs of nonconforming structures shall meet all the provisions of this chapter, except that such alterations or repairs need not comply with the setback or yard provisions of this chapter, provided they do not result in an increase in floor area nor change the footprint of the structure.
(2)
Additions to or extensions of nonconforming structures are permitted, provided that such additions or extensions comply with all the provisions of this chapter or a conditional use permit is granted as provided in § 240-76. Additions or extensions of nonconforming structures along private roads where such structure and road existed prior to the effective date of this chapter are permitted, provided that such additions or extensions do not extend further toward the road than the existing structure.
[Amended 6-24-2003 by Ord. No. 03-10]
(3)
A conforming use in a nonconforming structure may be changed to another conforming use without complying with the setback or yard requirements of these regulations, provided the new conforming use does not result in an increase in floor area nor change the footprint of the structure, and provided that all parking and other site requirements are met.
(4)
Highway projects. When a structure becomes a nonconforming structure as to setback from a highway because the highway was widened or relocated or changed in jurisdiction by the County, a town or the Wisconsin Department of Transportation, such a structure shall not require a variance and shall not be considered a nonconforming structure in regards to setback from a highway. However, no such structure shall thereafter be enlarged or rebuilt in such a manner that it will be closer to the right-of-way of the highway.
B.
Repairs and restoration.
[Amended 4-22-2008 by Ord. No. 07-09]
(1)
A nonconforming structure that is damaged or destroyed by fire, explosion, flooding, storm damage or similar calamity may be repaired or restored, provided that either:
(a)
The repair or restoration would bring the structure into compliance with this chapter; or
(b)
The repair or restoration of the nonconforming portion of the structure occurs fully within the building footprint of the structure before damage and there is no increase in the floor area of the nonconforming portion of the structure.
(2)
Except for historic buildings, no repairs or restoration of nonconforming structures shall be located within any public right-of-way.[1]
[1]
Editor’s Note: Former Subsection B(3), which immediately followed and set forth requirements for the maintenance and repair of nonconforming boathouses which extend beyond the ordinary high-water mark, was repealed 9-27-2016 by Ord. No. 16-03.
§ 240-68 Nonconforming lots.
A.
Existing lots of record which do not contain sufficient area and/or width to meet the criteria in § 240-24E(2) shall be considered nonconforming lots. If a nonconforming lot is in common ownership with abutting lands, the contiguous lots shall be considered a single parcel, unless the parcel is redivided to conform to the dimensional requirements for new lots in the applicable zoning district.