Slinger City Zoning Code
ARTICLE VIII
Nonconforming Uses and Structures
[Amended 3-20-2017 by Ord. No. 02-01-2017]
§ 550-75 Existing legal 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 with the provisions of this chapter, however:
A.
Only that portion of the land or water in actual use may be so continued. Such uses 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.
No structure containing a legal nonconforming use or, on lands containing a legal nonconforming use, may be extended, enlarged, rebuilt, substituted, intensified, moved, or added to except when required to do so by law or until the legal nonconforming use has been made to conform with this chapter.
C.
Total lifetime structural repairs or alterations to a structure containing a legal nonconforming use shall not exceed 50% of the assessed value of the structure unless it is permanently changed to conform to the use provisions of this chapter.
D.
Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
E.
If a legal 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 the Zoning Ordinance.
F.
No lot on lands containing a legal nonconforming use, may be reduced in size, modified, increased in size or changed in any manner except when required to do so by law or until the legal nonconforming use has been made to conform to this chapter.
§ 550-76 Legal conforming uses on a conforming lot or legal nonconforming lot containing legal nonconforming structures.
A.
A legal nonconforming structure with a conforming use existing at the time of the adoption or amendment of the Zoning Ordinance may be continued although the structure's size, location, height, parking, loading or access does not conform with the provisions of the Zoning Ordinance.
B.
Such structure may be repaired, maintained, renovated or remodeled (including additions, modifications, extensions and expansions thereto) within the 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.
[Amended 12-20-2021 by Ord. No. 12-02-2021]
C.
A legal nonconforming structure with a legal conforming use may be repaired, maintained, renovated, or remodeled in ways that do not extend or enlarge the structure subject to building code and other applicable requirements. There are no limits on the costs of such work.
D.
Notwithstanding Subsections A, B, and C, above, repair, maintenance, renovation, remodeling and restoration of such legal nonconforming structure can be conducted under circumstances allowed by § 62.23(7)(hb) or (hc), Wis. Stats., in full compliance with statutes. This Subsection D is intended to comply with § 62.23(hb) and (hc), Wis. Stats.
§ 550-77 Legal conforming uses on legal nonconforming lots containing structures.
The conforming use of a conforming structure existing at the time of the adoption or amendment of the Zoning Ordinance may be continued although the lot does not conform to the requirements of the Zoning Ordinance with the following conditions:
A.
Additions or enlargements to such structures are permitted provided they conform to the established setback, offset, height, parking, loading and access provisions of the Zoning Ordinance.
B.
Existing conforming structures on legal nonconforming lots which are damaged or destroyed by violent wind, fire, flood, ice, snow, mold or infestation may be restored to the size, location and use it had immediately before the damage or destruction occurred. A larger size than previously existed is also permitted if and to the extent necessary for the structure to comply with applicable state or federal requirements.
§ 550-78 Changes and substitutions.
Once a legal nonconforming use or structure has been changed to conform with the provisions of the Zoning Ordinance, it shall not revert back to a legal nonconforming use or structure. The Zoning Board of Appeals may permit the substitution of a more restrictive nonconforming use for an existing legal nonconforming use. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use, the existing use shall lose its status as a legal nonconforming use. The substituted use shall be subject to all the conditions required by the Zoning Board of Appeals.
