15.410 Nonconforming Uses, Buildings and Structure Regulations.

(1) Nonconforming Uses.

(a) Continuance of a Nonconforming Use. Any active and actual nonconforming use lawfully existing on or before August 15, 2011, may be continued at the size and in a manner of operation existing upon such date.

(b) Modification of a Nonconforming Use. Except as permitted in this subsection, a nonconforming use shall not be: (1) expanded, enlarged, extended, reconstructed, moved or structurally altered unless the use is changed to a use permitted in the zoning district in which the use is located; or (2) changed to another nonconforming use. A nonconforming nonresidential use not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if either, or both, facilities are not available within 1,000 feet of the subject property, and a waiver is granted for such expansion by the Director of Building Inspection.

(c) Moving of Nonconforming Use. No nonconforming use of a building or land may be moved to any other part of a parcel of land upon which same was conducted at the time of the adoption of the ordinance codified in this chapter.

(d) Discontinuance or Abandonment. When any nonconforming use is discontinued or abandoned for a period of 365 consecutive calendar days from a date specified by the Director of Building Inspection, or is changed into a conforming use, any future use shall be in complete conformity with the provisions of this chapter.

(2) Nonconforming Buildings and Structures.

(a) Continuance of a Nonconforming Building. Any nonconforming principal building existing on or before August 15, 2011, shall be considered as a legal, conforming building, and shall be automatically granted full legal conforming status for size, dimension and location requirements including lot width, lot area, setbacks, parking, or noncompliance with bulk or density requirements in a particular zoning district. Full legal conforming status shall not be available for accessory structures, and shall not extend to or include principal structures located in the floodplain. Any nonconforming principal building created after August 15, 2011, may be allowed to be expanded, enlarged, extended, reconstructed, moved or structurally altered; provided, that said expansion, enlargement, extension, reconstruction, movement or alteration complies with the requirements of the specific zoning district in which the affected property is located.

(b) Structural Repair and Alterations of Nonconforming Buildings and Structures. No nonconforming building or structure shall be expanded, enlarged, extended, reconstructed, moved or structurally altered except to make it a conforming building or structure, or to comply with requirements of health and safety laws or ordinances. The ordinary maintenance and repair of a nonconforming building or structure is permitted, including necessary repairs and incidental alterations which are reasonably necessary to prevent deterioration and promote safe and sanitary conditions, and which do not modify the use of the building or structure, or significantly increase its longevity, or exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this chapter. Except as otherwise provided in this section, whenever a nonconforming building or structure is damaged to the extent of more than 50 percent of its current assessed value, it shall not be restored except in conformity with the regulations of the zoning district in which it is located. Notwithstanding the previous sentence, the structural repairs or alterations in a building or structure either itself nonconforming or containing a nonconforming use shall not, during its lifetime, exceed 50 percent of the assessed valuation of said building or structure unless permanently changed to a conforming status.

(c) Restoration of Certain Nonconforming Buildings and Structures. Any nonconforming building or structure which has been destroyed or damaged on or after March 2, 2006, by a cause other than those enumerated in Wis. Stat. § 62.23(7)(hc)1.b. to the extent of 50 percent or more of its assessed value at the time such damage occurred shall thereafter be made to conform with the provisions of this chapter, and may be reconstructed and used as before, if it has been completely reconstructed within 365 consecutive calendar days from a date specified by the Director of Building Inspection after such calamity.

A damaged or destroyed nonconforming building or structure may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, without any limits on the costs of the repair, reconstruction, or improvement if the nonconforming building or structure was damaged or destroyed by causes identified in Wis. Stat. § 62.23(7)(hc)1.

(d) Unsafe Structures. Nothing in this chapter shall preclude the Director of Building Inspection or any other City official from initiating remedial or enforcement actions when a lawful nonconforming building or structure is declared unsafe or presents a danger to the public heath, safety or welfare.

(e) Future Modifications. When any lawful nonconforming building or structure in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of said structure complies with the requirements of the specific zoning district in which the affected property is located.

(f) Additions or Changes to Existing Structures Located on Legal Nonconforming Width Lots. Any conforming structure which exists on a legal nonconforming width lot may be added on to or altered provided it complies with the requirements of the specific zoning district in which the affected property is located.

(g) Ordinary Maintenance. Ordinary maintenance repairs, including repairs reasonably necessary to prevent the deterioration of a building or structure, and remodeling of a nonconforming building or structure are permitted, as well as necessary nonstructural repairs and alterations which do not expand, enlarge, extend, move, structurally alter, or intensify the nonconforming building or structure. Ordinary maintenance repairs and remodeling include, but are not limited to, internal and external painting, decorating, paneling, the addition of acoustical ceilings, the installation of heating, electrical and plumbing (including fixtures) or insulation, and the replacement of doors, windows, and other nonstructural components.

(h) Alterations. Subject to subsection (2)(d) of this section, structural alterations may be made to a building containing lawful nonconforming residential units, provided such alterations do not increase the number of dwelling units or the bulk of the building. Notwithstanding the foregoing, a conforming accessory building may be added if none previously existed. However, after August 15, 2011, the principal building on a lot shall not be expanded, enlarged, extended, moved or structurally altered without bringing the expansion, enlargement, extension, relocation or alteration into compliance with the provisions of this chapter.

(i) Timing of Building Permit. Any building or structure for which a validly issued building permit has been lawfully granted on or before August 15, 2011, and which will become nonconforming under the provisions of this chapter or any amendment thereto may be completed in accordance with the approved plans, provided construction is started within 365 consecutive calendar days after the date of issuance of a permit by the Director of Building Inspection for single- and two-family construction; and within 365 consecutive calendar days after the date of issuance of a building permit for all other types of development and construction and is completed within 730 consecutive calendar days after the date of issuance of a building permit. If all such conditions are met, the structure shall thereafter be a legal nonconforming building or structure.

(j) Municipal Actions Creating Nonconforming Lot of Record. In the event a lot of record and the principal building thereon shall become nonconforming as a result of the following actions by the United States, Wisconsin, or any instrumentality, agency or subdivision of either: (1) land reservation pursuant to the City’s Official Map; (2) zoning change initiated by the City; (3) right-of-way acquisition; (4) annexation; or (5) condemnation or eminent domain proceedings, said lot of record and the principal building thereon shall be exempt from said requirements to the extent such violation is caused by subsections (2)(j)(1) through (j)(5) of this section, and shall be deemed to be legal and conforming with City ordinances. This exemption shall only be applicable for: (1) nonconformance to lot width, lot area, setbacks, parking or noncompliance with bulk or density requirements in a particular zoning district; and (2) lots of record and principal buildings that were legal and conforming prior to the date of the municipal actions identified herein.

[Ord. 11-430 § 14, 2011; Ord. 08-490 §§ 21 – 25, 2008. Prior code § 15.41]