Existing lawful nonconforming uses, structures, and lots shall meet the provisions of this title, and those located within floodplains, shorelands, and shoreland-wetlands shall also comply with the city floodplain, shoreland, and shoreland-wetland regulations, whichever are more restrictive.

(Ord. No. 1976A, § 4, 4-4-2019)

The lawful nonconforming use of land or water; or a lawful nonconforming use in a conforming or nonconforming structure; or a lawful nonconforming use on a conforming or nonconforming lot that existed 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:

(1)

Only that portion of the structure, fixture, land, or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, reconstructed, substituted, or moved except when required to do so by law or order or so as to comply with the provisions of this title.

(2)

Discontinuance. If such nonconforming use is discontinued or terminated for a period of twelve months, any future use of the structure, fixture, or premises shall conform to the provisions of this title.

(3)

Abolishment or Destruction. When a nonconforming use or a structure with a nonconforming use is damaged by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity to the extent of more than fifty percent of its equalized assessed value, it shall not be restored except so as to comply with the use provisions of this title.

(4)

Total lifetime structural repair or alterations to a structure, fixture, or premises containing a nonconforming use shall not exceed fifty percent of the equalized assessed value of the structure, fixture, or premises at the time its use became nonconforming unless it is permanently changed to a conforming use in accordance with the use provisions of this title. Ordinary maintenance and repairs are not considered structural repairs, modifications, or additions. Some examples of such repairs include painting, caulking, decorating, paneling, and other nonstructural components; and the repair or replacement of doors, windows, utilities, and sewage treatment and water supply systems. Figure No. 1 reflects the method by which the director of neighborhood services shall determine when modifications to nonconforming uses and their structures are equal to fifty percent.

(5)

Substitution of new equipment may be permitted by the board of zoning appeals if such equipment will reduce the incompatibility of the nonconforming use with neighboring uses.

(Ord. No. 1976A, § 4, 4-4-2019)

The conforming use of a conforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although the lot area and/or width does not conform to the requirements of this title.

(1)

Additions and enlargements to such structures are permitted provided they conform to the established yard/setback, height, parking, loading, access provisions, and other development regulations of this title, other than minimum lot dimensional requirements.

(2)

Existing structures on nonconforming lots that are damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity may be reconstructed provided they conform to the established yard/setback, height, parking, loading, access provisions, and other development regulations of this title, other than minimum lot dimensional requirements.

(Ord. No. 1976A, § 4, 4-4-2019)

(a)

A nonconforming structure with a conforming use lawfully existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although the structure's size or location does not conform to the development regulations of this title.

(b)

Nonconforming structures with a conforming use may be repaired, maintained, renovated, rebuilt, or remodeled, subject to building code and other applicable requirements. No prohibition or limits based on cost may be imposed on the repair, maintenance, renovation, or remodeling of such structures.

(c)

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 title. 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 with existing sanitary code requirements for private onsite sewage treatment systems (POWTS).

(d)

Existing nonconforming structures may be moved and shall conform to the established yard/setback, height, parking, loading, and access provisions of this title.

(e)

A nonconforming structure with a conforming use that is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity may be restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred, subject to building code and other applicable requirements. No limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size immediately before the damage or destruction occurred if necessary for the structure to comply with applicable state or federal requirements. Any reconstruction shall conform to the development regulations of this title, to the extent practicable, and existing sanitary code requirements, and shall commence within twenty-four months of the date of damage or destruction, unless an extension is granted by the government agency having authority.

(Ord. No. 1976A, § 4, 4-4-2019)

(a)

Development. The zoning administrator may issue a building permit for development of a vacant lot which does not contain sufficient area to conform to the lot dimensional requirements of this title to be used as a building site provided that the use is allowed in the zoning district in which it is located; the lot is of record in the county register of deeds office prior to the effective date of the ordinance from which this chapter is derived or amendment thereof; and development is compatible with the character of the surrounding area. Nonconforming (substandard) lots to be served by public sanitary sewer shall be at least fifty feet wide and seven thousand two hundred square feet in area. Nonconforming lots to be served by POWTS shall be at least one hundred feet wide and forty thousand square feet in area. Lots with smaller dimensions than mentioned above shall not be developed unless a variance is granted by the board of zoning appeals.

Development of vacant nonconforming lots granted permits under this section shall be required to meet the yard/setback, height, parking, loading, access provisions, and other development regulations, except lot size requirements unless otherwise specified, of this title. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above may be issued only after a variance is granted by the board of zoning appeals.

(b)

Statutory Provisions. In accordance with Wis. Stats. § 66.10015(2)(e), a property owner of a legal nonconforming (substandard) lot may:

(1)

Convey an ownership interest in a substandard lot.

(2)

Use the substandard lot as a building site if all of the following apply:

(A)

The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

(B)

The substandard lot or parcel is developed to comply with all other requirements of this title, except the minimum lot dimensional requirement unless otherwise specified.

(c)

Merging. In accordance with Wis. Stats. 66.10015(4), the city may not require one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

(Ord. No. 1976A, § 4, 4-4-2019)

Once a nonconforming use or structure has been changed to conform to the requirements of this title, it shall not revert back to a nonconforming use or structure. The board of zoning appeals may permit the substitution of a more restrictive nonconforming use for an existing nonconforming use. Once the board of zoning appeals has permitted the substitution of a more restrictive nonconforming use, the prior existing use shall lose its status as a legal nonconforming use and the substituted more restrictive nonconforming use shall be subject to all the conditions required by the board of zoning appeals.

(Ord. No. 1976A, § 4, 4-4-2019)

Definitions of terms used in this chapter include:

(1)

"Development regulations" means those portions of this title pertaining to lot area, lot width, structure size, yard/setback, frontage, height, parking, loading, or separation distance requirements.

(2)

"Nonconforming lot" means a lot, the area, dimensions, or location that existed at the time of the effective date of the ordinance from which this chapter is derived or an amendment thereto that does not conform to current regulations of this title. Such nonconforming lots are also referred to as substandard lots.

(3)

"Nonconforming use" means a use of structure (including buildings), fixture, or premises (land or water) that existed at the time of the effective date of the ordinance from which this chapter is derived or an amendment thereto that does not conform to the current use restrictions of this title.

(4)

"Nonconforming structure" means a dwelling, building, or other structure that existed lawfully at the time of the effective date of the ordinance from which this chapter is derived or an amendment thereto that does not conform to one or more of the development regulations of this title. Any such structure conforming with respect to use (containing a conforming use) but not in respect to development regulations shall be considered a nonconforming structure and not a nonconforming use.

Figure No. 1
IS IT FIFTY PERCENT YET?

Sample Problem: Let's assume that the owner of a house with a nonconforming use (i.e., nonconforming institutional use in a residential zoned home) wishes to add a room to the house. If the house had an equalized assessed value of one hundred thousand dollars in 1997, the property owner would be able to make improvements valued at up to fifty percent of the present (1997) equalized assessed value of the house, or fifty thousand dollars at that time. The improvement would have to be built to zoning standards. Any further additions or structural alterations could not be allowed unless the use of the structure is permanently changed to a conforming use.

Additions and modifications are based upon a given time over the life of a structure. If, in the example above, the property owner constructed a fifty thousand dollars addition in 1997, no further additions could be allowed because the fifty percent improvement limit had been reached. However, let's assume that the addition was valued at twenty thousand dollars or twenty percent of the 1997 equalized assessed value of the structure (one hundred thousand dollars). Ten years later, the property owner again comes in, wishing to add an attached storage room. In the meantime, the equalized assessed value of the house has increased from one hundred thousand dollars in 1997 to one hundred fifty thousand dollars in 2007. The value of the storage room is fifteen thousand dollars in 2007. The property owner has now accumulated modifications totaling thirty percent of the equalized assessed values from 1997 and 2007.

Finally, ten years later, when the equalized assessed value of the house is two hundred thousand dollars, the property owner again comes in wishing to modify his house to the extent of forty thousand dollars. The cumulative percentage of the modifications totals fifty percent, based on the cumulative percentage of each modification in relation to the equalized assessed value of the house in the year the modification was made.

This example is further clarified in the following table:

(NOTE—The base for calculation is not the original value of the house at the time the zoning ordinance was enacted, but is the equalized assessed value of the house at each time the house is modified.)

Definition: "Equalized assessed value" is the value of a structure and/or lot of property as determined by the local assessor with any adjustments made to account for an assessment that does not reflect "full" (one hundred percent) value. Full assessed value of the structure and/or lot is usually equivalent to "full" (one hundred percent) fair market value at the time assessment is made.

(Ord. No. 1976A, § 4, 4-4-2019)