The lawful use of a building or premise existing at the time of the adoption or amendment of a zoning ordinance may be continued although such use does not conform with the provisions of the ordinance. Such nonconforming use may not be extended. The total structural repairs or alterations in a nonconforming building shall not during its life exceed fifty percent (50%) of the assessed value of the building unless permanently changed to a conforming use. If such nonconforming use is discontinued for a period of twelve (12) months, any future use of the building and premises shall conform to the ordinance.
Notwithstanding paragraph (1) above, the repair, reconstruction, renovating, remodeling or expansion of a legal nonconforming building or any environmental control facility in existence on May 7, 1982, related to that structure, located in a C-1 Conservancy District may not be prohibited.
FLOODLAND NONCONFORMING USES. Floodland nonconforming uses repaired or altered under the nonconforming use provisions of this ordinance shall provide for floodproofing to those portions of the structures involved in such repair or alteration. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer or registered architect that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood. The building Inspector shall maintain records of all floodland nonconforming uses and structures, and modifications made to floodland nonconforming uses and structures. Records shall reflect the current equalized value of nonconforming structures, the costs of any modifications that are permitted, and the percentage of the structures current value that those modifications represent.
SUBSTANDARD LOTS. (Cr. #38-02)
(Am. #45-07) In any District where dwellings are permitted, a one-family detached dwelling may be erected on any substandard lot that existed on December 5, 1957, irrespective of its area or width, provided the applicable yard and other open space requirements are complied with as nearly as possible, and the property otherwise complies with this Chapter. Where parts of two or more lots platted and recorded as of December 5, 1957 have been used for the erection of a residential dwelling, the separate lots shall no longer be considered substandard lots under this Chapter.
(Am. #45-07) In no case shall the width of any side yard of a substandard lot that existed on or before December 5, 1957 be less than 5 feet or 10% of the width of the lot at the building line, whichever is greater, and provided that on a corner lot the width of the side yard adjoining the side street lot line shall not be less than 8 feet or 20% of the frontage, whichever is greater. In all cases, a dwelling erected under this subsection shall be erected at least ten (10) feet from any residential dwelling on an adjoining lot.
In no case shall the depth of the rear yard of a substandard lot be less than 10 feet. Front, side or rear yard encroachments as specified in Section 22.56 shall be prohibited in the case of substandard lots and the yard width of such lots shall be measured from the edge of any projection or overhang to the lot line.
A substandard lot that was created between December 5, 1957, and December 10, 2001, may be used to contain a single-family dwelling provided that the use is permitted in the zoning district, provided that the lot is of record in the County Register of Deeds office prior to the effective date of this ordinance; and provided that the lot is in separate ownership from abutting lands.
(Rep. & recr. #66-01)
Waukesha City Zoning Code
22.61 Nonconforming
Uses
The lawful use of a building or premise existing at the time of the adoption or amendment of a zoning ordinance may be continued although such use does not conform with the provisions of the ordinance. Such nonconforming use may not be extended. The total structural repairs or alterations in a nonconforming building shall not during its life exceed fifty percent (50%) of the assessed value of the building unless permanently changed to a conforming use. If such nonconforming use is discontinued for a period of twelve (12) months, any future use of the building and premises shall conform to the ordinance.
Notwithstanding paragraph (1) above, the repair, reconstruction, renovating, remodeling or expansion of a legal nonconforming building or any environmental control facility in existence on May 7, 1982, related to that structure, located in a C-1 Conservancy District may not be prohibited.
FLOODLAND NONCONFORMING USES. Floodland nonconforming uses repaired or altered under the nonconforming use provisions of this ordinance shall provide for floodproofing to those portions of the structures involved in such repair or alteration. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer or registered architect that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood. The building Inspector shall maintain records of all floodland nonconforming uses and structures, and modifications made to floodland nonconforming uses and structures. Records shall reflect the current equalized value of nonconforming structures, the costs of any modifications that are permitted, and the percentage of the structures current value that those modifications represent.
SUBSTANDARD LOTS. (Cr. #38-02)
(Am. #45-07) In any District where dwellings are permitted, a one-family detached dwelling may be erected on any substandard lot that existed on December 5, 1957, irrespective of its area or width, provided the applicable yard and other open space requirements are complied with as nearly as possible, and the property otherwise complies with this Chapter. Where parts of two or more lots platted and recorded as of December 5, 1957 have been used for the erection of a residential dwelling, the separate lots shall no longer be considered substandard lots under this Chapter.
(Am. #45-07) In no case shall the width of any side yard of a substandard lot that existed on or before December 5, 1957 be less than 5 feet or 10% of the width of the lot at the building line, whichever is greater, and provided that on a corner lot the width of the side yard adjoining the side street lot line shall not be less than 8 feet or 20% of the frontage, whichever is greater. In all cases, a dwelling erected under this subsection shall be erected at least ten (10) feet from any residential dwelling on an adjoining lot.
In no case shall the depth of the rear yard of a substandard lot be less than 10 feet. Front, side or rear yard encroachments as specified in Section 22.56 shall be prohibited in the case of substandard lots and the yard width of such lots shall be measured from the edge of any projection or overhang to the lot line.
A substandard lot that was created between December 5, 1957, and December 10, 2001, may be used to contain a single-family dwelling provided that the use is permitted in the zoning district, provided that the lot is of record in the County Register of Deeds office prior to the effective date of this ordinance; and provided that the lot is in separate ownership from abutting lands.