The purpose of this Article is to establish regulations for the following nonconforming situations created legally prior to the effective date of this Chapter: nonconforming uses, nonconforming and substandard lots, nonconforming structures, and other nonconforming sites.

(1)

Legal Nonconforming Uses

(a)

Any use not in conformity with this Chapter, but lawfully existing upon the effective date of this Chapter, shall be a legal nonconforming use and may be continued at the size and in a manner of operation existing upon such date, except as specified in this Section.

(b)

If a parcel or lot contains a legal nonconforming use, the addition of a new conforming use on that parcel or lot shall require a conditional use permit, subject to the standards, criteria, and procedures prescribed by Section 10.10.32, in order to ensure compatibility with the existing nonconforming use. Whether uses are compatible shall be determined by the Plan Commission.

(c)

In the absence of a conditional use permit granting it legal conforming status, a nonconforming use shall be discontinued before a new conforming use may be added to the parcel.

(2)

Modification of a Legal Nonconforming Use

A structure containing a nonconforming use shall not be enlarged or increased to occupy a greater area of lot, parcel, site, and/or structure than was occupied at the time of the effective date of this Chapter.

(3)

No legal nonconforming use of a premise shall be moved in whole or in part to any other portion of the lot, parcel, site and/or structure than was occupied upon the effective date of this Chapter.

(4)

Discontinuance of a Legal Nonconforming Use

(a)

When any legal nonconforming use of any structure or land is discontinued for a period of one (1) year, or is changed into a conforming use, any future use of said structure or land shall be in complete conformity with the provisions of this Chapter.

(b)

The property owner has the burden to prove that the nonconforming use was legally established and has been continuously maintained over time. Potential forms of documentation include but are not limited to utility bills; tax records; business licenses; listing in telephone, business, or city directories; advertisements in dated publications; building, land use, or development permits; insurance policies; leases; dated aerial photos; insurance maps that identify use or development such as Sanborn Maps; or land use and development inventories prepared by a government agency.

(5)

Ordinary Maintenance and Repairs of a Structure and Land Containing a Nonconforming Use

(a)

The ordinary maintenance and repairs made to a structure or land containing or related to a legal nonconforming use is permitted. Ordinary maintenance and repairs are defined as follows:

1.

The repair or replacement of doors, windows, nonbearing walls, fixtures, heating and air conditioning components, wiring, plumbing, siding, roofing, or other nonstructural components.

2.

Overlaying an off-street parking and/or loading lot, which shall mean adding a layer of asphalt or concrete to an existing off-street parking and/or loading lot.

3.

Resurfacing the asphalt or concrete of the off-street parking, loading facilities, and/or access drives without exposing the base course and overlaying such area.

(b)

In no instance shall said maintenance and repairs exceed, over the life of the structure, fifty (50) percent of the present equalized assessed value of said structure or property prior to said repairs, in accordance with Wis. Stats. § 62.23(7)(h) unless the use of the structure is brought into compliance with the then-existing requirements of this Chapter.

(Ord. No. O1657, § 110, 6-17-2025)

(1)

Legal Nonconforming Status

Any lot legally established prior to the effective date of this Chapter or legally established prior to any subsequent amendments to this Chapter, may be put to any otherwise lawful use except as provided in subsection (1).

(1)

New Development

A lot of record existing upon the effective date of this Chapter in any zoning district, which does not meet the minimum lot area, width, and frontage requirements for the zoning district, may be utilized only for a single-family dwelling unit, two-family dwelling unit, or a permitted nonresidential use, provided that such development complies with all of the density, intensity, and bulk regulations for that zoning district.

(Ord. No. O1657, § 111, 6-17-2025)

(1)

Legal Nonconforming Status

Any structure legally established prior to the effective date of this Chapter may remain and be put to any otherwise lawful use except for structures governed by Chapter 22 (Sign Code), Chapter 33 (Outdoor Lighting Code), and Section 10.03.28 (Accessory Structures).

(2)

Repair, Maintenance, renovation, rebuilding or remodeling

Any structure with legal nonconforming status under subsection (1) may be repaired, maintained, renovated, rebuilt or remodeled without regard to cost, provided the structure is not put into greater nonconformity with any provision of this Chapter, nor may any structure be relocated to cause any nonconformity different than that which existed at the time of acquiring legal nonconforming status, even if the existing nonconformity is cured.

(Ord. No. O1657, § 112, 6-17-2025)

(1)

Definition

A nonconforming site is a site legally established prior to the effective date of this Chapter or subsequent applicable amendments thereto which would not be permitted under the current terms of this Chapter because it does not meet the building and site design requirements of this Chapter. Such building and site design components may include one (1) or more of the following:

(a)

Bulk, intensity, and density requirements.

(b)

Exterior building materials requirements.

(c)

Exterior building design requirements.

(d)

Number of parking spaces required.

(e)

Landscaping requirements.

(f)

Bufferyard requirements.

(g)

Fencing requirements.

(2)

Blanket Conforming Status

(a)

Blanket conforming status for any and all requirements of this Chapter is hereby automatically granted to all development sites in their configuration existing or as finally approved as of the effective date of this Chapter, except for signs (see Chapter 22), exterior lighting (see Chapter 33), or accessory structures (defined in Section 10.03.28).

(b)

After the effective date of this Chapter, additional site development that would result in the enlargement, expansion, or extension of uses, structures or other development per Subsections (1)(a) through (g), above, will not be allowed to occur without such additional site development being in full compliance with the provisions of this Chapter.

(c)

This Subsection is intended to prevent the creation of nonconforming sites related to the building and site design requirements of this Chapter.

(d)

This Subsection ensures that sites approved prior to the effective date of this Chapter do not encounter difficulty because they would otherwise be considered nonconforming.

(3)

New Development

All new buildings, structures, parking areas, and parking stall counts, including reconstructions, shall comply with all site design requirements of this Chapter, including the components of Subsections (1)(a) through (g), above, for the new or reconstructed portion of the development.

(4)

Conformance Required Where Possible

On nonconforming lots where the site configuration and undeveloped area are sufficient to comply with site design requirements, any change that would make compliance with the site design requirements of this Chapter impossible shall not be permitted, as determined by the Zoning Administrator.

(5)

On nonconforming lots where the site configuration and undeveloped area are not sufficient to comply with all site design requirements, but space is available to reduce the degree of one (1) or more nonconformities, the Zoning Administrator, shall determine the manner and degree to which each site nonconformities shall be brought into conformance, specifically to improve public safety and/or reduce public nuisances.

(6)

Creation of Additional Nonconformity Prohibited

Enlargements, expansions, or extensions that would result in creation of one (1) or more nonconformities, or increase the degree of existing nonconformities with the site development standards of this Chapter shall not be permitted.