Mukwonago Village City Zoning Code
ARTICLE VIII
Nonconforming Uses, Structures and Lots
§ 100-551 General provisions.
[Ord. No. 572, § I(9.1601), 2-6-1996]
(a)
Insofar as the standards in this article are not inconsistent with the provisions of W.S.A., § 62.23(7)(h), they shall apply to all nonconforming uses and nonconforming structures. These regulations apply to the modification of, or addition to, any structure and to the use of any structure or premises which was lawful before the passage of this chapter or any amendment thereto.
(b)
The existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this chapter may continue subject to the following conditions:
(1)
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted, and any future use of the property, and any structure or building thereon, shall conform to the applicable provisions of this chapter.
(2)
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this chapter adopted under W.S.A., § 62.231 or 61.351 may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may not be extended or increased.
(3)
The maintenance and repair of nonconforming boathouses which are located below the ordinary high water mark of any navigable waters shall comply with the requirements of W.S.A., § 30.121.
(4)
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
(5)
Only that portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
(6)
Total lifetime structural repairs or alterations shall not exceed 50% of the Village's equalized value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
§ 100-552 Abolishment or replacement.
[Ord. No. 572, § I(9.1602), 2-6-1996]
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its current equalized value, it shall not be restored except so as to comply with the use provisions of this chapter.
§ 100-553 Existing substandard structures.
[Ord. No. 572, § I(9.1603), 2-6-1996]
(a)
The use of a structure existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform with the established building setback line along streets, or the yard, height, parking, loading, access and lot area provisions of this chapter.
(1)
Additions and enlargements to existing substandard structures are permitted and shall conform with the established building setback lines along streets and the yard, height, parking, loading and access provisions of this chapter insofar as is practicable. Existing buildings and their additions shall not be permitted to encroach further upon established yard and height requirements than the existing encroachment.
(2)
Existing substandard structures, which are damaged or destroyed by fire, explosion, flood or other calamity, may be reconstructed and insofar as is practicable shall conform with the established building setback lines along streets and the yard, height, parking, loading and access provisions of this chapter.
(3)
Existing substandard structures may be moved and, insofar as is practicable, shall conform with the established building setback lines along streets and the yard, height, parking, loading and access provisions of this chapter.
§ 100-554 Changes and substitutions.
[Ord. No. 572, § I(9.1604), 2-6-1996]
Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of zoning and building 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 zoning and building appeals.
§ 100-555 Substandard lots.
[Ord. No. 572, § I(9.1605), 2-6-1996]
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the county register of deeds office before the effective date or amendment of this chapter. Such lot or parcel shall be in separate ownership from abutting lands. If abutting and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership, all the district requirements shall be complied with insofar as practical but shall not be less than the following:
Building | |
Area | Minimum 1,000 square feet |
Height | Maximum 30 feet |
Yards | |
Street | Minimum 25 feet; the second street yard on corner lots shall not be less than 10 feet |
Rear | Minimum 40 feet |
Side | Minimum 18.75% on each side of the lot, but not less than 7 feet on each side of the lot |