Shorewood City Zoning Code
ARTICLE VII
Legal Nonconformity
§ 535-33 Continuation of existing lawful use.
The existing lawful use of a structure or premises at the time of the enactment of this chapter or any amendment applicable thereto, which use 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.
§ 535-34 Classification and regulation.
For the purpose of administration, such nonconformity shall be classified and regulated as follows:
A.
Nonconforming structure.
(1)
Expansion or enlargement. No such structure shall be expanded or enlarged if such expansion or enlargement will add to or increase the degree of nonconformity, unless such structure is made to conform to the regulations of the district in which it is located.
(2)
Restoration of significantly damaged structures. A nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation shall be restored in accordance with the provisions of § 62.23(7)(hc), Wis. Stats.
(3)
Facades. In the commercial districts, if more than 50% of the area of a nonconforming facade is replaced, the entire facade must conform to the facade regulations of an allowed building type in the district per § 535-22 and with the building design regulations in § 535-23, except as defined in Subsection A(2) of this section.
(4)
Roofs. In the commercial districts, if more than 50% of a nonconforming roof is replaced, the replaced roof must conform to a roof type of an allowed building type in the district per § 535-22 and with the roof type design regulations in § 535-23, except as defined in Subsection A(2) of this section. Resurfacing and repairing of a roof does not count as a roof replacement.
B.
Nonconforming use of structure.
(1)
No such use shall be expanded or enlarged except in conformity with the use regulations of the district in which the structure is located.
(2)
Upon petition to and approval of the Plan Commission, such use may be changed to another use, provided that the Plan Commission determines that the new use would result in greater or no less degree of conformity and provided further that such new use shall thereafter determine the degree of legal nonconformity.
(3)
When any such use is discontinued for a period of 12 consecutive months, any further use of the building shall conform to the regulations of the district in which it is located.
(4)
Where the building in which such use is carried on is damaged to the extent of more than 50% of its current assessed value as equalized, 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 building housing such use shall not, as long as such use continues, exceed 50% of the assessed value as equalized of the building at the time the use became nonconforming.
C.
Nonconforming vacant lots.
(1)
No such vacant lot shall be conveyed to a new owner except in conformity with the provisions of § 535-9 of this chapter.
(2)
No building permit shall be issued except in conformity with the provisions of § 535-9 of this chapter.
(3)
The size and shape of such lot shall not be altered in any way so as to increase the degree of nonconformity unless approved by the Plan Commission.
D.
Nonconforming use of land.
(1)
No such use shall be expanded or enlarged except in conformity with the use regulations of the district in which the land is located.
(2)
Upon petition to and approval of the Plan Commission, such use may be changed to another use, provided that the Plan Commission determines that the new use would result in greater or no less degree of conformity 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 months, any future use of the land shall conform to the regulations of the district in which it is located.
E.
Special exceptions.
(1)
Subject to the provisions of applicable state law, the Board of Appeals, upon application as required herein, may grant a special exception to the provisions of Subsection A hereof after considering:
(a)
The effect the granting of the exception will have on the appearance and character of applicant's property, adjacent properties and neighboring properties.
(b)
The effect the granting of the exception will have on the value of the applicant's property, adjacent properties and neighboring properties.
(c)
Whether the granting of the exception will serve the public interest in improving and preserving the value of the property.
(d)
Such other matters as the Board of Appeals deems relevant and material.
(2)
Application for a special exception permit may be obtained from the Planning and Zoning Administrator upon the payment of a fee as provided by the Village Fee Schedule which shall not be refundable.
(3)
The matter shall be set for hearing before the Board of Appeals as soon after the application has been filed as is practicable. Within a reasonable time after said hearing, the Board of Appeals shall either approve or disapprove the application for special exception hereunder, in accordance with the provisions of this Subsection E.
§ 535-36 Removal of hazards.
Where, upon complaint of the Zoning Administrator, Building Inspector or Chief of Police or Chief of Fire, any nonconforming structure or use is found by the Plan Commission as a matter of fact to be a hazard to the public health, safety or general welfare, such structure may be ordered removed or such use may be ordered discontinued within such time as the Plan Commission may deem reasonable. Upon failure to carry out such order, the Village may take such steps as are necessary to remove such structure or discontinue such use and assess the cost thereof against the property owner.