Saukville Village City Zoning Code
ARTICLE IX
Nonconforming Uses, Structures and Lots
§ 205-89 Existing nonconforming uses.
The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter; however:
A.
Only that portion of the land or water 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 chapter.
B.
Total structural repairs or alterations during a structure’s lifetime shall not exceed 50% of the Village’s present assessed value of the structure unless it is permanently changed to conform to the use provisions of this chapter.
[Amended 6-20-2017 by Ord. No. 776]
§ 205-90 Abolishment or replacement of nonconforming use.
[Amended 9-4-2012 by Ord. No. 731]
If a nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter. When a nonconforming use is damaged by fire, explosion, flood, public enemy, or other calamity to the extent of more than 50% of its current equalized value, it shall not be restored except so as to comply with the use provisions of this chapter.
§ 205-91 Existing nonconforming structures.
[Amended 9-4-2012 by Ord. No. 731]
A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform to the established building setback line along streets, or the yard, height, parking, loading, access, and lot area provisions of this chapter.
A.
Additions and enlargements to existing nonconforming structures are permitted and shall conform to the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter. Existing buildings and their additions shall not be permitted to encroach further upon established yard and height requirements than the existing encroachment.
B.
Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood, or other calamity may be reconstructed and, insofar as is practicable, shall conform to the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter.
C.
Existing nonconforming structures may be moved and, insofar as is practicable, shall conform to the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter.
§ 205-92 Changes and substitutions.
Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Board of Zoning 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 Board of Zoning Appeals.
§ 205-93 Wetland nonconforming uses.
Notwithstanding § 62.23(7)(h), Wis. Stats., the repair, reconstruction, renovating, remodeling or expansion of a legal nonconforming structure, or any environmental control facility related to a legal nonconforming structure, located in the C-1 Conservancy District and in existence at the time of adoption or subsequent amendment of this chapter is permitted pursuant to Section 61.351(5) of the Wisconsin Statutes.