Reedsburg City Zoning Code
ARTICLE VIII
Nonconforming Uses, Structures and Lots
§ 690-38 Nonconforming uses and structures.
The lawful use of any building, structure, or land existing at the time of the enactment of this chapter may be continued, provided the following conditions are met:
A.
Nonconforming uses. The continued lawful use of a building, premises, structure, or fixture existing at the time of the adoption or amendment of this chapter may not be prohibited although the use does not conform with the provisions of this chapter. The nonconforming use may not be extended. The total structural repairs or alterations in such a nonconforming building, premises, structure, or fixture shall not during its life exceed 50% of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use. If the nonconforming use is discontinued for a period of 12 months, any future use of the building, premises, structure, or fixture shall conform to this chapter.
B.
Nonconforming structures. A dwelling or other building that existed lawfully before the current chapter was enacted or amended, but that does not conform with one or more of the development regulations in the current chapter.
(1)
An ordinance enacted under this subsection may not prohibit, or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.
(2)
Damaged or destroyed nonconforming structures.
(a)
Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this subsection may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, 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:
(b)
An ordinance enacted under this subsection shall allow for the size of a structure to 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.
C.
Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.
D.
Abandonment. A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned:
(1)
When the intent of the owner to discontinue the use is apparent; or
(2)
When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year, unless other facts show intention to resume the nonconforming use; or
(3)
When it has been replaced by a conforming use; or
(4)
When the nonconforming use is discontinued for a period of 12 months.
E.
Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
F.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
§ 690-39 Substandard lots.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal buildable lot or parcel of record in the County Register of Deeds office before the effective date or amendment of this chapter.