Port Washington City Zoning Code
ARTICLE XII
Legal Nonconformity
§ 485-44 Continuation of existing 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 purposes then existent, subject to the conditions hereinafter stated.
§ 485-45 Classification and regulation.
For the purpose of administration such nonconformity shall be classified and regulated as follows:
A.
Nonconforming structures.
(1)
No such structure shall be expanded or enlarged except in conformity with the regulations of the district in which it is located.
(2)
When such structure is damaged to the extent of more than 50% of its current full market value, it shall not be restored except in conformity with the regulations of the district in which it is located, except where restoration is authorized by § 62.23(7)(hc), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Nonconforming use of structure.
(1)
No such use shall be expanded or enlarged.
(2)
Upon petition to and approval of the Plan Commission, such use may be changed to another use provided the Plan Commission determines that the new use would result in no greater degree of nonconformity and provided further that such new use shall thereafter determine the degree of legal nonconformity.
(3)
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.
(4)
Where the structure in which such use is carried on is damaged to the extent of more than 50% of its current full market value, it shall not be restored for use except in conformity with the regulations of the district in which it is located.
(5)
Structural repairs and alterations to a structure housing such use shall not, as long as such use continues, exceed 50% of the full market value of the structure at the time the use became nonconforming.
C.
Nonconforming lots.
(1)
No such lot shall be conveyed to a new owner except in conformity with the applicable provisions of Chapter 478, Subdivision of Land, of the City Code.
(2)
No building or occupancy permit shall be issued except in conformity with Article XVIII of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
The size and shape of such lot shall not be altered in any way so as to increase the degree of nonconformity except with the approval of the Plan Commission.
D.
Nonconforming use of land.
(1)
No such use shall be expanded or enlarged.
(2)
Upon petition to and approval of the Plan Commission, such use may be changed to another use provided the Plan Commission determines that the new use would result in no greater degree of nonconformity and provided that such new use shall thereafter determine the degree of legal nonconformity.
(3)
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 land shall conform to the regulations of the district in which it is located.
§ 485-46 Conditional use status.
Subject to the provisions of Article XXIII of this chapter, any such legal nonconforming use may be reclassified as a conditional use.
§ 485-47 Removal of hazards.
Where, upon complaint of the Building Inspector, any nonconforming structure or use shall be found by the Plan Commission as a matter of fact to be a detriment to the public health, safety, or general welfare, such structure shall be ordered to be removed or such use to be discontinued within such time as the Plan Commission may deem reasonable. Upon failure to carry out such order, the City may take such steps as are necessary to remove such structure or discontinue such use and assess the cost thereof against the property owner.