Suamico City Zoning Code
§ 18.97
Nonconformity.
The purpose and intent of this chapter is to provide for the regulation of nonconforming buildings, structures, land and other uses and to specify those circumstances and conditions under which such nonconforming buildings, structures, land and uses shall be permitted to continue.
(1) NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE
Definitions.
A lot which had legal dimensions or square footage prior to the adoption, amendment, or comprehensive revision of a zoning ordinance, but which now fails to conform to the requirements of its zoning district.
A structure which was legal prior to the adoption, amendment, or comprehensive revision of a zoning ordinance, but which now violates the size, location, or dimensional limits of its zoning district.
A use which existed lawfully prior to the adoption, amendment, or comprehensive revision of a zoning ordinance, which does not comply with present zoning provisions. A use permitted by zoning statutes or ordinances to continue notwithstanding that similar uses are no longer permitted in the area in which it is located.
(2)
General.
(a)
Any nonconforming building, structure, land, or other use which existed lawfully at the time of the adoption of this code and which remains nonconforming, and any such building, structure, land, or other use which shall become nonconforming upon the adoption of this code, or of any subsequent amendments thereto, may be continued subject to the regulations which follow.
(b)
Any nonconforming building, structure, land, or other use which is covered by Section 19 or Section 20 shall have the more restrictive code apply.
(3)
Nonconforming Use.
(a)
If a nonconforming use is discontinued or terminated for a period of 12 months, any future use of the building, structure, land, or other use shall thereafter conform to the provisions of this code.
(b)
The structural alteration/repair of a structure containing a nonconforming use shall not exceed 50% of the structures assessed value over the life of the structure.
(c)
Additions to a structure containing a nonconforming use shall not be allowed.
(d)
Once a nonconforming use has been changed to conform, it shall not revert back to a nonconforming use.
(4)
Nonconforming Structure.
(a)
Primary Structures.
1.
Additions shall be allowed as long as the addition complies with all the requirements of all applicable ordinances.
2.
Repairs and alterations shall be allowed except for structures deemed a public safety hazard.
3.
No repair or alteration shall cause a structure to be more nonconforming except when necessary for the structure to comply with applicable local, state, or federal requirements.
(b)
Accessory Structures.
1.
Repairs and alterations of a structure shall not exceed 50% of the structure's assessed value over the life of the structure, except for structures deemed a public safety hazard.
2.
No additions shall be allowed.
3.
No repair and alteration shall cause a structure to be more nonconforming except when necessary for the structure to comply with applicable local, state, or federal requirements.
(c)
Structures Damaged by Violent Wind, Vandalism, Fire, Flood, Ice, Snow, Mold, or Infestation.
1.
Wis. Stats. § 62.23(7)(hc) and § 61.351 shall apply.