The Village Board makes the following legislative findings relating
to nonconformities:
A.
There may be existing lots, structures, uses, and signs in the Village
that were lawfully established but that do not now comply with one
or more provisions of the zoning district in which they are located.
B.
It is not the intent of this chapter to perpetuate and/or encourage
the long-term continuance of nonconformities because they are inconsistent
with the requirements and character of the zoning districts involved,
or to permit nonconformities to be enlarged, expanded, or extended
except as provided for herein.
C.
State law permits the reconstruction of nonconforming structures
under certain circumstances.
A.
Content of registry. The Zoning Administrator may develop and maintain
a registry of lots known by him or her to be considered nonconforming,
buildings known by him or her to be considered nonconforming, and
land uses known by him or her to be considered nonconforming and those
which have registered as a nonconforming use consistent with the requirements
in Article 5.
B.
Form of registry. At the discretion of the Zoning Administrator,
the registry may consist of either a written list or digital records.
C.
Disclaimer. Given the nature of the registry, the Village does not
warrant that such information is complete and/or accurate in all respects.
A.
Generally. A legal nonconforming lot that is more than 7,500 square
feet may be used for an allowable use, provided that such use complies
with all other requirements in this chapter, including development
standards of the zoning district in which the lot is located.
A.
Generally. A legal nonconforming building may be used for any conforming
use.
B.
Enlargement. A nonconforming building that is used for a conforming
use may be enlarged, provided that the building addition complies
with all requirements and the Plan Commission authorizes such enlargement
pursuant to the requirements in Article 5.
C.
Building addition within setback.
(1)
Pursuant to the procedures and requirements in Article 5, the
Plan Commission may approve a special exception to authorize the construction
of a building addition within a building setback area, provided that:
(a)
The existing building was legally established;
(b)
The use of the building is legal conforming;
(c)
The building addition is not located in an existing or proposed
street or highway;
(d)
The existing building to which the addition will be attached
is located within a front-yard, side-yard, and/or rear-yard setback
area;
(e)
The building addition is in compliance with the height limitations
of the zoning district in which it is located, and is not greater
in height than the contiguous portion of the existing building;
(f)
The building addition does not extend closer to the lot line
that is the lot line that is creating the non-conforming situation
than the existing building (i.e., the non-conforming aspect(s) of
the building addition is/are not made worse by the proposed expansion);
(g)
The building addition does not extend into a setback the existing
building does not currently encroach upon rendering the proposed building
non-conforming in a manner it was not previously, prior to the proposed
expansion; and
(h)
The building addition complies with all other dimensional standards
that may apply.
(2)
See Exhibit 15-1 for examples of permissible additions.
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Exhibit 15-1
Examples of Permissible Expansions Within a Setback Area
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(3)
In making its decision, the Plan Commission should consider the following factors, in addition to those factors listed in § 170.443.
(a)
The size and location of the existing legal nonconforming building.
(b)
The size and location of any other buildings on the subject
property.
(c)
The size and location of the proposed expansion.
(d)
The necessity of constructing the addition within the setback.
(e)
The proximity of buildings and other structures on adjoining
properties.
D.
New foundation/basement. The placement of a new foundation or basement
under an existing nonconforming building that is not located in the
100-year floodplain is permitted, provided that the foundation or
basement does not extend beyond the vertical extent of the existing
exterior wall.
E.
Unsafe conditions. Nothing in this article shall preclude the Building
Inspector or any other Village official from initiating remedial or
enforcement actions when a nonconforming building is declared unsafe
or presents a danger to the public health, safety, or welfare; constitutes
a public nuisance; or is in violation of any licensing regulation.
F.
Ordinary repair and maintenance, and remodeling. Nothing in this
article shall be deemed to prohibit or limit based on cost, the repair,
maintenance, renovation, or remodeling of a nonconforming building.
G.
Reconstruction following damage. A nonconforming building that is
damaged by violent wind, vandalism, fire, flood, ice, snow, mold,
or infestation on or after March 2, 2006, may be restored to its condition
(e.g., size, location, and use) prior to the damage, except the building
may be larger when necessary to comply with state or federal requirements.[1]
[1]
Editorial Note: See § 62.23(7)(h), Wis. Stats.
H.
Relocation. A nonconforming building shall not be moved or relocated
to any other location on the lot unless such building is made to conform
to all regulations of the zoning district in which it is located.
A.
Generally. A legal nonconforming use may continue to exist so long
as it remains otherwise lawful, subject to the provisions in this
section.
B.
Conditional use. Any conditional use approval granted pursuant to
conditional use authority that has since been repealed and that was
in effect, and the use was in operation on the date of such repeal,
that is no longer an allowed use of the property, shall be allowed
to continue as a conditional use subject to all conditions stated
in the conditional use approval. Any such conditional use approval
that requires compliance with a section of the Village's zoning
regulations that has since been repealed, shall continue to require
compliance with the referenced code section as it existed immediately
prior to such repeal and the repeal of such provision is stayed solely
for such existing conditional use permit(s). These continuation provisions
are intended to preserve the status quo for all rights and responsibilities
incurred or accrued prior to the adoption of any ordinance that changes
a conditional use to a prohibited use. Nothing herein shall be interpreted
to prevent existing conditional use permit holders from applying to
amend their conditional use pursuant to all laws in effect at the
time of the application, or as set forth in the conditional use permit
including those amendments requiring a public hearing.
C.
Cessation of use. If a nonconforming use ceases for any reason, whether
intentional or otherwise, for more than 12 continuous months, such
use shall not thereafter be reestablished.[1] A business of a seasonal nature shall not be deemed to
be discontinued during periods in which it is normally inactive (e.g.,
marinas, summer camps). If the Zoning Administrator determines that
a nonconforming use has ceased to operate for more than the aforementioned
time period, he or she shall initiate the process established under
Article 5 to terminate the nonconforming use. However, if a temporary
structure houses a nonconforming use, such use shall terminate when
the temporary structure is removed.
[1]
Editorial Note: See § 62.23(7)(h), Wis. Stats.
D.
Change in extent. Except as may be provided in this article or in
state law, a nonconforming use shall not be enlarged, increased, or
expanded and shall not occupy a greater area than what existed on
the effective date of this chapter or any amendment thereto that created
the nonconforming use.
E.
Limitation on structural alterations to building housing nonconforming
use. Structural alterations to a building housing a nonconforming
use shall not exceed, on an accumulative percentage basis, 50% of
the equalized assessed value of such structure.[2] For example, if a property owner makes structural alterations,
the cost of which equals 40% of the current equalized assessed value
of the building, any additional structural alterations are limited
to 10% of the equalized assessed value at the time of the work.
[2]
Editorial Note: See § 62.23(7)(h), Wis. Stats.
F.
Damage to structure housing nonconforming use. If a building housing
a nonconforming use is damaged beyond 50% of its present equalized
assessed value, such nonconforming use shall not be reestablished.
G.
Change of location. A nonconforming use shall not be moved in whole
or in part to any other portion of the lot or to another structure
than what was occupied on the effective date of this chapter or any
amendment thereto that created the nonconforming use.
H.
Casual, occasional, accessory, or incidental use. Casual, occasional,
accessory, or incidental use after the primary nonconforming use has
terminated, shall not be deemed to perpetuate a nonconforming use.[3]
[3]
Editorial Note: See Village of Menominee Falls v. Veirstahler,
183 Wis. 2d 96, 515 N.W.2d 290 (Ct. App. 1994).
I.
Change of production. A change in the method or quantity of production
and the incorporation of new technology into a nonconforming use is
permitted, provided that the original character of the use remains
the same.[4]
[4]
Editorial Note: See Racine County v. Cape, 2002 WI App 19,
250 Wis. 2d 44, 639 N.W.2d 782, 01-0740.
J.
Termination due to effects on public health, safety, and welfare.
In the event the Zoning Administrator determines that a nonconforming
use, regardless of its duration, is harmful to the public health,
safety, or welfare, he or she shall follow the procedure outlined
in Article 5 relating to termination of a use.[5]
[5]
Editorial Note: See § 62.23(7)(h), Wis. Stats.
K.
Unsafe conditions. Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any structure
or part thereof, provided that such work conforms to the provisions
in this chapter.
L.
Licensing. The operator of a nonconforming use shall obtain such
licenses as may be required by the State of Wisconsin, or its designated
agent; Washington County; or the Village of Richfield, and maintain
such licenses for the life of the use or until the entity no longer
requires such license.
M.
Conversion to another nonconforming use. Subject to the requirements
in Article 5, a nonconforming use may be converted to a different
nonconforming use, provided that the new use is less nonconforming.
Any nonconforming use that has been converted shall continue to be
subject to all applicable provisions related to nonconforming uses
and to the conversion order as approved by the Village Board.
N.
Permissible accessory residential uses. If an existing single-family
dwelling unit is classified as a nonconforming use, the establishment
of accessory residential uses normally incidental to a single-family
dwelling is not considered to be an expansion of a nonconforming use
and is permitted, provided that the accessory use is otherwise allowed
by the zoning code and all accessory buildings exceeding 600 square
feet must be approved by the Plan Commission upon a determination
that the accessory building is otherwise allowed in the zoning district
in which it is located.
A mobile home or a manufactured home not located in a mobile
home park is considered a nonconforming use.
The ordinary maintenance and repair of a nonconforming boathouse
that extends beyond the ordinary high-water mark shall comply with
§ 30.121, Wis. Stats.
The shoreland-wetland provisions of this chapter authorized
by § 62.231, Wis. Stats., shall not limit the repair, reconstruction,
renovation, remodeling, or expansion of a nonconforming structure
in existence on the effective date of the shoreland wetland provisions,
or of any environmental control facility in existence on May 7, 1982,
related to such a structure. All other modifications to nonconforming
structures are subject to § 62.23(7)(h), Wis. Stats., which
limits total lifetime structural repairs and alterations to 50% of
current fair market value.
Special provisions relating to nonconformities in the floodplain
overlay district are included in Article 9.
