Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE VII
Nonconforming Situations
17.81 Purpose.
The purpose of this article is to establish regulations for the following nonconforming situations: nonconforming uses, substandard lots, nonconforming structures, and nonconforming sites created legally prior to November 6, 2013.
17.82 Nonconforming uses.
(2)
Continuance of a nonconforming use.
(a)
Any nonconforming use lawfully existing upon the effective date of this chapter, or any amendment to it, may be continued at the size and in a manner of operation existing upon such date, except as specified in this section.
(b)
A use now regulated as a conditional use, which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this chapter, shall be considered a legal, conforming land use so long as any previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration as a conditional use under the provisions of Article V.
(c)
Any prior legal use made nonconforming by this chapter, or by an amendment to it, may be granted legal conforming status and allowed to be extended, enlarged, reconstructed, or substituted by the issuance of a conditional use permit, subject to the standards and procedures prescribed by Article V.
(4)
Discontinuance of a nonconforming use. When any nonconforming use of any land, building, or structure is discontinued for a period of 12 consecutive months, or is changed into a conforming use, any future use of said land, building, or structure shall be in complete conformity with the provisions of this chapter.
(5)
Maintenance and repair of a nonconforming use.
(a)
The ordinary maintenance and repair of a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this chapter.
(b)
Except as otherwise provided in this section, whenever a nonconforming use is damaged to the extent of more than 50% of its current equalized assessed value, it shall not be restored except in conformity with the regulations of the district in which it is located.
17.83 Nonconforming and substandard lots.
(2)
Blanket conforming status.
(a)
Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to all nonconforming or substandard lots in their configuration existing or as finally approved as of the effective date of this chapter. This subsection ensures that lots approved and created prior to the adoption of this chapter do not encounter difficulty because the lots would otherwise be considered nonconforming or substandard.
(b)
After the effective date of this chapter, no lot shall be created which does not meet the density, intensity, and bulk requirements of the zoning district.
(3)
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 for new or modified development, provided that such development complies with all of the density, intensity, and bulk regulations for that zoning district. Note that to qualify for this provision a lot must meet the minimum street frontage requirement for the zoning district.
(4)
Abutting vacant substandard lots under the same ownership must be combined prior to development per § 17.72.
(5)
Except for outlots that received variances prior to the effective date of this chapter, this section shall not apply to outlots without access to a public right-of-way that existed prior to the effective date of this chapter since they are not intended for development.
17.84 Nonconforming structures.
(1)
The following section shall apply to all structures in the Village except in the following circumstances:
(a)
The structure did not legally exist at the time of adoption of this article.
(b)
The structure is subject to legal proceedings.
(c)
The structure is subject to a court order to the contrary of this section.
(d)
Federal, state, and Village floodplain, wetland and shoreland-wetland regulations shall control in case of a conflict.
(2)
Blanket conforming status.
(a)
Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to any structure lawfully existing upon November 6, 2013. After said date, structures may not be enlarged, expanded, or extended without bringing the enlargement, expansion, or extension into compliance with the provisions of this chapter, or unless a variance is granted by the Zoning Board of Appeals under § 17.27.
(b)
This subsection is intended to eliminate the continued classification and/or the creation of structures as nonconforming subject to the requirements of this chapter. This provision addresses two different situations.
1.
Any structure erected prior to the adoption of zoning that does not meet some or all of the bulk or intensity requirements of this chapter.
2.
In some instances, this chapter establishes new bulk or intensity requirements that existing legal structures under the previous zoning ordinance do not meet.
(c)
This section therefore ensures that owners of such structures legally established prior to November 6, 2013, do not encounter difficulty because the structures would otherwise be considered nonconforming.
(3)
The following shall apply to all structures that do not meet bulk and other requirements of this chapter.
(a)
Ordinary maintenance. Ordinary maintenance repairs, including repairs reasonably necessary to prevent the deterioration of a structure, and remodeling of a structure are permitted, as well as necessary nonstructural repairs and alterations which do not extend, enlarge, or intensify the structure. Ordinary maintenance repairs and remodeling, include internal and external painting, decorating, paneling, the addition of acoustical ceilings, the installation of heating, electricity, plumbing (including fixtures) or insulation, and the replacement of doors, windows, and other nonstructural components.
(b)
Structural repairs, structural alterations, and minor changes. Any and all structural repairs, structural alterations, and minor changes, may be made so long as no such changes expand upon an existing bulk, density or intensity violation. A conforming garage may be added or expanded.
(c)
Additions. Additions, expansions, and enlargements may be added. However, such additions, including vertical additions, must meet the requirements of this chapter unless a variance is granted under § 17.27.
(d)
Destruction and reconstruction.
1.
A damaged, destroyed, or removed structure may be restored to the size, location, design and use that it had immediately before the damage, destruction, or removal occurred without any limits on the costs of the repair, reconstruction, or improvement if either Subsection (3)(d)1.a. or b. below apply. The burden of proof in regard to the location, dimensions, configuration, and exterior building materials of the damaged or removed structure shall be upon the property owner to demonstrate prior to the issuance of a building permit.
a.
The structure was damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other act identified by § 62.23(7), Wis. Stats., on or after March 2, 2006.
b.
The structure was damaged, destroyed, removed, or partially removed by other means on or after the effective date of this chapter.
(e)
Intentional removal and replacement.
1.
If 50% or more of the total floor area of a structure is intentionally removed by the property owner, the replacement structure must meet the requirements of this chapter unless a variance is granted under § 17.27.
2.
If less than 50% of the total floor area of a structure is intentionally removed by the property owner, it may be restored to the previous footprint, floor area, and height.
3.
Existing garages, decks, and porches may be replaced in their entirety to the previous footprint, floor area, and height.
(f)
Unsafe structures. Nothing in this chapter shall preclude the Building Inspector or any other Village official from initiating remedial or enforcement actions when any structure is declared unsafe or presents a danger the public health, safety, or welfare.
(4)
Timing of building permit. Any structure for which a building permit has been lawfully granted prior to the effective date of this chapter, or an amendment to it, which will become nonconforming under the provisions of this chapter or that amendment thereto, may be completed in accordance with the approved plans, provided construction is started within 365 calendar days after issuance of the permit for single- and two-family construction and within 365 calendar days after issuance of a permit for all other development, and construction is completed within 730 calendar days (two years) after the start of construction. If all such conditions are met, the structure shall thereafter be a legal conforming structure.
17.85 Nonconforming sites.
(1)
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 November 6, 2013.
(b)
After November 6, 2013, additional site development that would result in the enlargement, expansion, or extension of uses, structures or other development per Subsection (1)(c)1 through 8 below will not be allowed to occur without bringing such additional site development into full compliance with the provisions of this chapter, or to the extent practical without removal of lawful structures in accordance with § 17.85(2) through (5).
(c)
This subsection is intended to prevent the creation of nonconforming sites related to the building and site design requirements of this chapter. These building and site design components may include one or more of the following:
1.
Bulk, intensity, and density requirements.
2.
Exterior building materials requirements.
3.
Exterior building design requirements.
4.
Parking, loading, access drive, and other paved area design requirements.
5.
Landscaping requirements.
6.
Buffer yard requirements.
7.
Fencing requirements.
8.
Lighting requirements.
(d)
This subsection ensures that sites approved prior to November 6, 2013, do not encounter difficulty because they would otherwise be considered nonconforming.
(3)
On lots where the site configuration and undeveloped area are sufficient to comply with site design requirements, no enlargement, expansion, or extension of a use, structure, or paving shall be permitted if it makes compliance with the site design requirements of this chapter, including Subsection (1)(c)1 through 8 above, impossible, even if said enlargement, expansion, or extension of the use, structure, or paving would otherwise be permissible.
(4)
On lots where the configuration and undeveloped area of the nonconforming site provides insufficient space to bring the site into full compliance with all site requirements but nevertheless provides space to reduce the degree of one or more nonconformities, the Plan Commission shall make a determination as to the manner and degree to which each site nonconformities shall be brought into conformance specifically to improve public safety and/or reduce public nuisances.
(5)
Enlargements, expansions, or extensions that would result in creation of one or more nonconformities, render a nonconforming site incapable of being brought into full or greater compliance with nonconforming site requirements, or increase the degree of existing nonconformities with the site development standards of this chapter shall not be permitted, unless a variance is granted by the Zoning Board of Appeals under § 17.27.