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Waupaca City Zoning Code

17.400

NONCONFORMITIES

17.401 - NONCONFORMING USES, STRUCTURES, AND LOTS.

(1)

Nonconforming Uses. The nonconforming use of a nonconforming structure, building, premises, or fixture existing at the time of the adoption or any amendment of this chapter may be continued although it does not conform to the provisions of this chapter or any amendments thereto, but the alteration of, or addition to, or repair shall not exceed 50% of its assessed value of any nonshoreland existing building, premises, structure, or fixture for the purpose of carrying on a nonconforming use. The continuance of the nonconforming use of a temporary structure is prohibited.

(2)

Nonconforming structures. Repairs and maintenance of certain nonconforming structures: There is no limit based on cost for the repair, maintenance, renovation, or remodeling of a nonconforming structure.

(3)

Restoration of certain nonconforming structures. Nonconforming structures that are damaged or destroyed may be restored if the structure will be restored to the size, location, and use that it had immediately before the damage or destruction occurred, with no limit on the costs of the repair, reconstruction, or improvement if all of the following apply:

(a)

The use of the building or structure which is nonconforming was not discontinued for a period of 12 months or more; and,

(b)

The damage or destruction was caused by a natural event, including, but not limited to, violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

17.402 - DISCONTINUED USE.

If a nonconforming use is discontinued or terminated for a period of 12 months, any further use of the structure, land or water shall conform to the provisions of this chapter.

17.403 - ADDITIONS AND ENLARGEMENTS.

Additions and Enlargements to existing nonconforming structures with a conforming use are permitted and shall conform to the established yard/setback, height, parking, loading, and access provisions of this Chapter. Existing buildings and their additions shall not be permitted to encroach further upon established yard/setback and height requirements than the existing encroachment. The provisions of this Subsection with respect to additions or enlargements are applicable only if the lot is served by public sanitary sewer or, if relevant, conforms to existing sanitary code requirements for private onsite sewage treatment systems (POWTS).

17.404 - NONCONFORMING LOTS OF RECORD.

In any district, any permitted or permissible structure may be erected on a single lot of record at the effect date of adoption or amendment of this ordinance. This provision shall apply even though such lot fails to meet the requirements of lot area, lot width, or both for the district in which the lot is located as amended as long as the lot lawfully existed at the time of the adoption of or amendment to this ordinance.

17.405 - 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.