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Neenah City Zoning Code

ARTICLE VII

NONCONFORMITIES3


Footnotes:
--- (3) ---

State Law reference— Nonconforming uses, Wis. Stats. § 62.23(7)(h).


Sec. 26-439.- Continuation.

The use of any land or building existing on February 5, 1997 or subsequent amendment of this ordinance, may be continued, even if such use does not conform to the regulations of this Code, except as provided below:

(1)

Nonconforming buildings:

a.

Enlargement. A nonconforming building or structure shall not be added to or enlarged in any manner unless such additions or enlargements are made so as to bring the entire building or structure into conformity with the regulations of this Code.

b.

Restoration. A nonconforming principal or accessory building or structure may be restored or repaired to the size, location and use that it had immediately before damage or destruction occurred, and without regard to the cost of such restoration, repairs or improvements if both of the following apply:

1.

The nonconforming principal or accessory building or structure was damaged or destroyed on or after March 2, 2006.

2.

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

The size of such nonconforming principal or accessory building or structure to which this subsection applies may be enlarged if such enlargement is made necessary for principal or accessory building or structure to comply with applicable state and federal requirements.

c.

Maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

d.

Exception. Nonconforming detached garages and accessory buildings may be altered or enlarged provided that the existing side or rear yard dimensions are within 50 percent of the requirements of this Code. Such enlargement shall be made in conformance with the regulations of this Code.

(2)

Nonconforming use of building or lots:

a.

No such nonconforming use shall be enlarged or increased to occupy a greater area of land than was occupied on February 5, 1997.

b.

No such nonconforming use shall be moved in whole or in part, to any other portion of the lot or parcel occupied by such use on February 5, 1997.

c.

If any such nonconforming use of land or building ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.

d.

No such nonconforming use shall be changed to a similar or less restrictive use than was occupied a on February 5, 1997.

(Code 1977, § 20.20(1); Ord. No. 2014-14, § 30, 8-6-2014)

Sec. 26-440. - Existing lots.

(a)

Any lot of record which does not meet the minimum requirements of this Code as to area or dimensions, may be utilized for single- and two-family purposes, provided that both the area and lot dimensions are within 75 percent of the requirements of this Code.

(b)

Two-family dwellings may be constructed, or restored, or single-family dwellings converted to two-family use on substandard sized lots located in R-2 Districts if:

(1)

The front, side and rear yard requirements of the district can be maintained.

(2)

The prevailing use of the block (both sides where the lot is located) is primarily two-family.

(Code 1977, § 20.20(2))