Mishicot City Zoning Code
ARTICLE IX
Nonconforming
§ 395-58 Applicability.
The provisions of this article shall apply to uses, structures, signs and lots that legally existed as of the effective date of this chapter, but that become nonconforming as the result of application of this chapter to them or from reclassification of the property under any subsequent amendments to this chapter.
§ 395-59 Purpose.
It is the general policy of the Village of Mishicot to allow nonconforming uses, structures, signs or lots to continue to exist and to be put to productive use. However, it is also the general policy of the Village to bring as many aspects of such nonconformities into conformance with this chapter as is reasonably practicable, all subject to the limitations of this article. The limitations of this article are intended to recognize the interests of property owners in continuing to use their property but to reasonably control expansions, reestablishment of discontinued uses, and reestablishment of nonconforming buildings, structures and signs that have been substantially destroyed.
§ 395-60 Authority to continue.
Nonconformities shall be allowed to continue in accordance with the requirements of this article.
§ 395-61 Repairs and maintenance.
Repairs and normal maintenance required to keep nonconforming uses and structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this article or required by law or ordinance.
§ 395-62 Nonconforming uses.
Nonconforming uses shall be subject to the following standards:
A.
Enlargement and expansion.
(1)
A nonconforming use may be enlarged, increased, or extended beyond the area it occupied as of the effective date of this chapter, provided that the expansion is approved by the Village Board after a public hearing before the Plan Commission.
(2)
All enlargements, increases, and extensions of a nonconforming use shall not exceed 50% of the area that the nonconforming use occupied as of the effective date of this chapter.
B.
Discontinuance. If a nonconforming use is discontinued for a period of 12 consecutive months or more, any use of the property thereafter shall be in conformance with regulations and provisions set by this chapter for the district in which such property is located.
C.
Damage or destruction.
(1)
If any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity, the structure and nonconforming use may be restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred, subject to Building Code and other applicable requirements.
§ 395-63 Nonconforming structures.
A.
Nonconforming structures may be repaired, maintained, renovated, rebuilt, or remodeled, subject to Building Code and other applicable requirements.
B.
Additions to or extensions of nonconforming structures beyond the existing building envelope are permitted provided that such additions or extensions comply with all the provisions of this chapter.
C.
A nonconforming structure that is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity may be restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred, subject to Building Code and other applicable requirements.
(1)
The size of the structure may be larger than the size immediately before the damage or destruction occurred if necessary for the structure to comply with applicable state or federal requirements.
(2)
Any reconstruction shall commence within 12 months of the date of damage or destruction, unless an extension is granted by the Plan Commission.
§ 395-64 Nonconforming signs.
[Amended 5-20-2025 by Ord. No. 2025-02]
A.
Except as specified in Subsection B, nonconforming signs may continue, be maintained, and/or be replaced, provided that:
(1)
The sign shall remain substantially the same. For on-premises freestanding signs located along Main Street only, this includes replacement with a new sign which is of similar size to the existing sign and which reuses existing footings/foundations as long as there are no safety, clearance, or vision issues.
(2)
Only customary maintenance shall be allowed, unless the sign is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity.
(3)
A nonconforming sign that is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity may be restored or replaced as it was prior to being damaged or destroyed, provided that a Village sign permit is issued within 12 months from the date of the damage to the sign. Any replacement of a sign face or sign-supporting structure shall be with like materials.