Whitefish Bay Village
City Zoning Code
City Zoning Code
ARTICLE V
Nonconforming Uses and Structures
§ 16-29 Continuation; expansion; restoration.
A legal nonconforming structure existing at the time of the adoption or pertinent amendment of the Zoning Ordinance may be continued although such structure does not conform with the provisions of the chapter. The nonconformity of such nonconforming structure may not be expanded except as set forth herein. A nonconforming structure may be restored to the size, location and use that it had immediately before it was damaged or destroyed, provided such damage or destruction occurred on or after March 2, 2006, and provided the damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation. A restored nonconforming structure may be larger than the size it was immediately before damage or destruction under this chapter if the structure must be larger to satisfy state or federal law or regulations. Nonconforming structures may be subject to routine maintenance, repairs, renovation, or remodeling in any event.
§ 16-30 Continuation of use; discontinuances.
The lawful nonconforming use of a property where such use existed at the time of the adoption or pertinent amendment of the Zoning Ordinance may be continued although such use does not conform with the provisions of the chapter. If such nonconforming use is discontinued for a period of 12 months, any use of the property thereafter shall conform with the chapter.
§ 16-31 Maintaining or eliminating nonconforming lots.
The existence of a nonconforming lot may be maintained under this chapter, but where practicable, should be eliminated in the event of any division of contiguous property owned by the same owner.
§ 16-32 Definitions.
Under this article, the following definitions shall apply:
In relationship to a nonconforming structure use or lot, occurs at the time of actual commencement or establishment thereof, not of preparations therefor. Although prior to the enactment or amendment of this chapter, expenses have been incurred or work has been done in the making of plans and specifications for, or in the construction of any building or structure whose erection, alteration, enlargement or completion is prohibited according to the terms hereof, or although any such work has been done or such expense incurred in connection with a use which is prohibited, according to the terms hereof, the doing of such work or the incurring of such expense shall not be deemed the commencement of a nonconforming structure or use which would permit the continuation of same under the terms of this section.
One that was established prior to the Zoning Ordinance or, at the time of its establishment, met the minimum lot's size and dimension, requirements for the zone in which it is located but which, because of the adoption of the chapter or because of subsequent changes to the minimum lot size and dimensions applicable to that zone, is now smaller than that minimum lot size or lacks other required dimensions.
A building, structure, or premises that was established prior to the Zoning Ordinance or complied with it at the time it was established but which, because of the adoption of the chapter or subsequent changes to the chapter, no longer fully complies with the chapter.
A use of property that commenced prior to the Zoning Ordinance or was allowed under the Zoning Ordinance at the time the use was established but which, because of the adoption of the chapter or because of subsequent changes in the chapter, is no longer a permitted use.
§ 16-33 Special exceptions.
The Board of Appeals may grant special exceptions from the requirements of this article pursuant to § 16-51C.