Muskego City Zoning Code
ARTICLE VI
Nonconformity
§ 400-33 Continued use.
The existing lawful use of a building or premises at the time of the enactment of this chapter or any amendment applicable thereto which is not in conformity with the provisions established by this chapter may be continued in the manner and for the purpose then existent subject to the conditions hereinafter stated.
§ 400-34 Classification and regulation.
For the purpose of administration such nonconformity shall be classified and regulated as follows:
A.
Nonconforming uses.
(1)
No such use shall be expanded or enlarged.
(2)
Where the structure in which such use is carried on is damaged to the extent of more than 50% of its current assessed value, it shall not be restored for use except in conformity with the regulations of the district in which it is located.
(3)
Structure repairs and alterations to a structure housing such use shall not, as long as such use continues, exceed 50% of the assessed value of the structure at the time the use became nonconforming.
(4)
Upon petition to and approval of the Plan Commission, such use may be changed to another use provided that the Plan Commission determines that the new use would result in a greater or no less degree of conformity and provided further that such new use shall thereafter determine the degree of legal nonconformity.
(5)
Where any such use is discontinued for a period of 12 consecutive or for 18 accumulative months during any three-year period, any future use of the structure shall conform to the regulations of the district in which it is located.
B.
Nonconforming structures.
[Amended 4-18-2013 by Ord. No. 1371[1]]
(1)
No such structure shall be expanded or enlarged except in conformity with the regulations of the district in which it is located, unless said expansions or enlargements do not get any closer than their existing distance to any lot line and shall not exceed 50% of the assessed value.
(2)
In this subsection, pursuant to § 62.23(7)(hb), Wis. Stats., as to repair and maintenance of certain nonconforming structures:
(a)
"Development regulations" means the part of this chapter that applies to elements including setback, height, lot coverage and side yard.
(b)
"Nonconforming structure" means a dwelling or other building that existed lawfully before the current Zoning Ordinance was enacted or amended but that does not conform with one or more of the development regulations in the current Zoning Ordinance.
(3)
This subsection does not prohibit, or limit based on cost, the repair, maintenance, renovation or remodeling of a nonconforming structure.
C.
Nonconforming parcels. Where a lot has less land area or width than required for the district in which it is located and was of record at the time of the passage of this chapter, such lot may be used for any purpose permitted in such district. The open space requirements in the case of such lot may be reduced without appeal provided the open space area is equal to at least 75% of the actual lot area or within the underlying zoning district requirements.
[Amended 2-4-2010 by Ord. No. 1311]
D.
Nonconforming signs. The existing lawful use of a sign at the time of enactment of this chapter or any amendment thereto may be considered as a legal nonconforming structure or use, and regulations of this section relating to its elimination shall apply. Disrepaired and/or dangerous signs shall be removed. Exceptions to this subsection are as follows:
E.
Restoration of nonconforming structures. Per § 62.23(7)(hc), Wis. Stats., any nonconforming structure that is damaged or destroyed and meets all of the following criteria can be restored to its same size, location, and use that it had immediately before the damage or destruction occurred:
[Added 8-19-2010 by Ord. No. 1326]