A.

The lawful nonconforming use of a structure or land, including, but not limited to, fences, parking and zoning setbacks existing at the time of the adoption, or amendment of this title may be continued although the use does not conform with the provisions of this title. However, only that portion of the land 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 title.

B.

If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing is permitted according to the provisions of this title; provided when a use district is changed, any existing, nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted; provided all other regulations governing the new use are complied with.

C.

Substitution of new equipment may be permitted by the zoning board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(Prior Code, § 13-1-100; Code 1998, § 17.60.010; Ord. No. 346, § 1(part), 1997)

A.

Discontinuance. If the nonconforming use of a building or premises is discontinued for 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located.

B.

Extensive Repair Must Be in Conformance. At such time as structural repairs, reconstruction or alterations are made to nonconforming structures or premises, which repairs or alterations exceed 50 percent of the equalized assessed value of such structures or premises as established by the city assessor, such structures or premises will be required to conform to the use restrictions of this title.

C.

On repairs, reconstruction or alterations of less than 50 percent of the equalized assessed value of such structures or premises as established by the city assessor, the successive percentages shall accumulate and when 50 percent is reached, Subsection B of this section applies.

(Prior Code, § 13-1-101; Code 1998, § 17.60.020; Ord. No. 346, § 1(part), 1997)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. 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 zoning board of appeals.

(Prior Code, § 13-1-102; Code 1998, § 17.60.030; Ord. No. 346, § 1(part), 1997)

A.

In the R-1 single-family residential district, the R-2 duplex residential district, and the R-3 multifamily residential district, only 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 the ordinance from which this title is derived.

B.

Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lots are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this title. If in separate ownership, all district requirements shall be complied with insofar as practical, but shall not be less than the following:

C.

Dimensional Requirements.

1.

Maximum building height:

a.

Principal building: 35 feet.

b.

Accessory building: 15 feet.

2.

Minimum lot area: One-family dwelling: 4,000 square feet.

3.

Minimum lot width: 48 feet.

4.

Minimum living space: 800 square feet.

5.

front yard setback: minimum 20 feet. The second front yard on corner lots shall be not less than ten feet, but not less than adjoining properties.

6.

Rear yard setback:

a.

Principal building: 25 feet.

b.

Accessory building: three feet.

7.

Side yards:

a.

Principal building: 7½ feet.

8.

Accessory building: three feet.

9.

Off-Street Parking:

a.

Residential: one space per family and one space for each two boarders.

(Prior Code, § 13-1-103; Code 1998, § 17.60.040; Ord. No. 346, § 1(part), 1997)

A manufactured home community licensed under Wis. Stats. § 101.935 that is a legal nonconforming use continues to be a legal nonconforming use notwithstanding the occurrence of any of the following activities within the community:

A.

Repair or replacement of homes.

B.

Repair or replacement of infrastructure.

State Law reference— Similar provisions, Wis. Stats. § 62.23(7)(ham).

A.

In this subsection:

1.

Development regulations means the part of this chapter that applies to elements including setback, height, lot coverage, and side yard.

2.

Nonconforming structure means a dwelling or other building that existed lawfully before this chapter enacted or amended, but that does not conform with one or more of the development regulations in this chapter.

B.

This chapter does not prohibit, or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.

State Law reference— Similar provisions, Wis. Stats. § 62.23(7)(hb).

A.

Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in this chapter do not prohibit the restoration or replacement of a nonconforming structure if the structure will be restored to, or replaced at, the size, subject to Subsection B. of this section, location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:

1.

The nonconforming 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.

B

The size of a 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.

State Law reference— Similar provisions, Wis. Stats. § 62.23(7)(hc).