Monona City Zoning Code
ARTICLE VII
Nonconforming Uses
§ 480-39 Existing nonconforming uses.
A.
When continuation permitted. The lawful nonconforming use of a building, structure, land or water existing on the effective date of this chapter or any amendment to this chapter may be continued although the use does not conform with the provisions of this chapter, provided that:
(1)
Only the use of that portion of the land or water in actual use may be so continued, and the building or structure shall not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required by law or order so as to comply with the provisions of this chapter.
(2)
The total lifetime structural repairs or alterations to buildings and structures devoted to nonconforming uses shall not exceed 50% of the replacement cost or acceptable substitute indicator of market value, determined at the time the building or structure was listed as a legal nonconforming use under Subsection C, unless the building or structure is permanently changed to a conforming use.
(3)
Substitution of new equipment may be permitted by the Board of Zoning Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
B.
Discontinuation required.
(1)
If such nonconforming use is discontinued or terminated for 12 consecutive months, any future use of the building, structure, land or water shall conform to the provisions of this chapter.
(2)
When a nonconforming use, building or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its market value, it shall not be restored except in compliance with the use provisions of this chapter.
C.
Pursuant to § 62.23(7)(hc), Wis. Stats., and notwithstanding any other provision of this chapter, a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored to the size, location and use that it had immediately before the damage or destruction occurred, and no limits may be imposed on the costs of the repair, reconstruction or improvement of said structure. The size of the restored structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.[1]
D.
Records. As existing nonconforming uses are observed, the Zoning Administrator shall establish and maintain a file of nonconforming uses, listing the following:
§ 480-40 Existing nonconforming buildings and structures.
A.
Generally. Any lawful nonconforming building or structure existing on the effective date of this chapter or any amendment to this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height other dimensional, parking, loading, access or site performance standards of this chapter, provided it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required by law or order or so to comply with such provisions or when there would be no additional encroachment on zoning regulations. This chapter shall not prevent compliance with lawful orders of the Zoning Administrator or Building Inspector or prevent strengthening or restoring to a safe condition any part of any structure the Zoning Administrator or Building Inspector declares unsafe.
B.
C.
Maintaining nonconforming buildings and structures. Buildings and structures which are nonconforming for reasons other than use may be repaired and maintained.
§ 480-41 Changes and substitutions of nonconforming uses, buildings or structures.
A.
Once a nonconforming use, building or structure has been changed to conform, it shall not revert back to a nonconforming use, building or structure.
B.
Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Appeals.
§ 480-42 Substandard lots.
A.
Use of substandard lots. In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record which was recorded in the office of the County Register of Deeds before the effective date of this chapter or the effective date of any applicable amendment to this chapter, provided such lot or parcel is developed in accordance with this section. However, if abutting lands and a substandard lot of less than 50 feet in width at the building line are owned by the same owner, a substandard lot shall not be sold or used without full compliance with the provisions of this chapter.
B.
Development standards.
(1)
Any substandard lot that is allowed to be developed under Subsection A shall be developed in accordance with the side yard, rear yard and front yard setback limitations as set forth in the Single-Family Residence District, regardless of its zoning district classification. In addition to this requirement, no structure may be built within 14 feet of any adjoining dwelling structure.
(2)
In addition, the lot coverage ratio and floor area ratio shall not be less than 80% of the average lot coverage ratio and the average floor area ratio for other single-family-resident occupied lots within the neighborhood. The proposed use must meet the use performance standards of § 480-9 and the site performance standards of § 480-17.
(3)
For the purposes of this section, "neighborhood" means those lands designated as single-family by the Zoning Map lying within 200 feet of the exterior boundaries of any substandard lot that is the subject of an application for a zoning permit under this section.