Legal, nonconforming lots or structures. A legal, nonconforming lot or structure shall refer to a dwelling, building or structure on a property that existed lawfully before the current zoning ordinance was enacted or amended, including, but not limited to, existing, legal, nonconforming lots or structures, which land or structure does not conform with one or more of the development regulations in the village's land development code.

Legal, nonconforming uses. The continued lawful use of a property, building, premises, structure or fixture existing at the time of the adoption or amendment of a zoning ordinance, including, but not limited to, existing, legal, nonconforming uses are permitted although the use does not conform with the provisions of the village's land development code.

(Ord. No. 2012-14, § I, 11-20-2012)

(a)

Regulations for nonconforming uses.

(1)

Nonconforming uses prohibited. Uses which do not conform with the Village of Pewaukee Land Development Code are prohibited unless they are determined to be legal, nonconforming uses as provided for hereunder.

(2)

The continued lawful use of a building, premise, structure or fixture existing at the time of the adoption or amendment of a Village of Pewaukee Land Development Code shall be considered a legal, nonconforming use and may continue, although the use does not conform with the provisions of the Village of Pewaukee Land Development Code. Legal, nonconforming uses may not be extended, expanded, enlarged or intensified except as provided for hereunder.

(3)

Upon petition to and approval of the plan commission, such legal, nonconforming use may be changed to another use provided the plan commission determined the new use would not result in a greater degree of nonconformity and provided further, that such new use shall thereafter determine the degree of legal, nonconformity.

(4)

Where the structure, building, premises or fixture is damaged or structural repairs are necessary to the extent of more than 50 percent of its current, local, fair market value as determined by the Village of Pewaukee Assessor, it shall not be restored for use except in conformity of the regulations of the district in which it is located.

(b)

Nonconforming lots or structures. Lots or structures which are not in conformance with the Village of Pewaukee's Land Development Code and which were not existing at the time of the adoption or amendment of the land development code are prohibited and may not be extended except as otherwise set forth herein. Nonconforming structures which were existing at the time of the adoption or amendment of the Village of Pewaukee's Land Development Code shall be considered legal, nonconforming lots or structures and are permitted subject to the following provisions:

(1)

Legal, nonconforming structures or lots may be repaired, maintained, renovated or remodeled (including additions, modifications, extensions and expansions thereto) within their existing footprint and beyond the existing footprint to the extent such further addition, modification, extension or expansion of the structure or lot makes it no more nonconforming based upon the current bulk and/or spatial requirements of the zoning district in which the property is located.

(2)

Legal, nonconforming structures damaged or destroyed on or after March 2, 2006, where the damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold or infestation, may be repaired or reconstructed to the size, location and use that it had immediately before the damage or destruction occurred. Notwithstanding the foregoing, a legal, nonconforming structure damaged or destroyed as provided for herein may be repaired or reconstructed to a size larger than it was immediately before the damage or destruction if the expansion and size is necessary to comply with applicable state or federal requirements.

(3)

Any established structure that is damaged or destroyed may be rebuilt on its previous location, unless within a road right-of-way or a documented easement area, in which case, the structure may only be rebuilt in accordance with an applicable plan commission approved location.

(c)

Discontinuance of legal, nonconforming uses, lots or structures. Where any legal, nonconforming use, lot or structure is discontinued or abandoned for a period of 12 consecutive months, the nonconforming use, lot or structure shall be deemed abandoned and any future use of the structure or land shall conform to the regulations of the district in which it is located.

(Ord. No. 2012-14, § II, 11-20-2012; Ord. No. 2017-10, § I, 7-6-2017)

(a)

Conditions permitting the expansion or intensification of legal, nonconforming uses. The enlargement, expansion or intensification of a legal, nonconforming use, excluding regulated shoreland/wetlands and floodplains, may be allowed by the plan commission following a public hearing, duly noticed and held by the plan commission, provided that the commission shall review, determine and set forth the following in writing with its approval:

(1)

Such enlargement, expansion or intensification is consistent with the public interest and does not adversely impact the public health, safety or welfare.

(2)

Such enlargement or intensification shall not have a deleterious effect on property in the surrounding neighborhood due to visual appearance, increased pedestrian or vehicle traffic, noise, smoke, odor or other similar factors. No such enlargement, expansion or intensification of a nonconforming use shall be permitted unless all buildings, height, yard, coverage and off-street parking and other requirements of this chapter for the district in which the use is located are adhered to.

(b)

Protests of nonconforming use expansions. In the event a written protest is made against any enlargement, expansion, or intensification of a nonconforming use, which is signed and acknowledged by the owners of 20 percent of the property immediately adjoining such property and/or by the owners of 20 percent of the properties whose frontage is directly across the street from such properties, is filed with the village clerk; such enlargement, expansion or intensification shall not be allowed except by approval of the village board.

(Ord. No. 2012-14, § III, 11-20-2012)