[Amended 11-1-1995 by Ord. No. 95-2; 6-24-2009 by Ord. No. 09-03; 4-19-2011 by Ord. No. 11-001; 10-20-2015 by Ord. No. 15-2003; 12-20-2016 by Ord. No. 16-009]
Any lawfully established use of a building, structure or land
at the time of the enactment of this chapter or any amendment applicable
thereto that does not conform to the use regulations for the district
in which it is located shall be deemed to be a legal nonconforming
use and may be continued, except as otherwise provided herein.
Any lawfully established construction of a building or structure
at the time of the enactment of this chapter or any amendment applicable
thereto that does not conform to the dimensional regulations for the
district in which it is located shall be deemed a legal nonconforming
structure and may be continued, except as otherwise provided herein.
Any lawfully established lot or parcel of land at the time of
enactment of this chapter or any amendment thereto which does not
meet the requirements for the district in which it is located shall
be deemed to be a legal nonconforming lot and may be used in accordance
with this chapter and as provided herein.
A.
The lawful nonconforming use of land without buildings or structures;
or
B.
The lawful nonconforming use of water; or
C.
The lawful nonconforming use in a conforming building or structure;
or
D.
The lawful nonconforming use in a nonconforming building or structure;
or
E.
The lawful nonconforming use on a conforming lot; or
F.
The lawful nonconforming use on a nonconforming lot; or
G.
The lawful nonconforming use of land with conforming buildings or
structures; or
H.
The lawful nonconforming use of land with nonconforming buildings
or structures which existed at the time of the enactment of this chapter
or any amendment applicable thereto may be continued although the
use does not conform with the provisions of this chapter and Code;
however:
(1)
Only that use in actual existence at the time of the enactment of
this chapter or any amendment applicable thereto may be so continued
as a legal nonconforming use and said use may not in any way be extended,
enlarged, substituted, intensified, moved, added to or changed.
(2)
No structure containing a legal nonconforming use or, on lands containing
a legal nonconforming use, may be extended, enlarged, rebuilt, substituted,
intensified, moved, remodeled, modified, or added to except when required
to do so by law or until the legal nonconforming use has been made
to conform with this chapter and Code.
(3)
No lot on lands containing a legal nonconforming use may be reduced
in size, modified, increased in size or changed in any manner except
when required to do so by law or until the legal nonconforming use
has been made to conform to this chapter and Code.
(4)
If a legal nonconforming use is discontinued or terminated for a
period of 12 months, any future use of the structure, land or water
shall conform to the provisions of this chapter and Code.
A.
A conforming building or structure existing at the time of enactment
of this chapter or any amendment applicable thereto may be continued,
although the lot does not conform to the requirements of this chapter,
as long as all uses on the lands containing the building or structure
and all uses of the buildings or structures on the lands are legal
conforming uses.
B.
The aforementioned building or structure may be extended, enlarged,
substituted, moved, remodeled, modified, or added to as long as any
such change conforms with the established setback, offset, height,
parking, loading, and access provisions of this chapter or may be
totally rebuilt if such reconstruction is identical in size, style,
shape and use to the original building or structure.
A.
The legal conforming use of a nonconforming building or structure
existing at the time of the adoption or amendment of this chapter,
whether on a conforming lot or nonconforming lot, may be continued
although the building's or structure's size or location does not conform
with the established setback, offset, height, parking, loading or
access provisions of this chapter and Code.
B.
The aforementioned building or structure may be extended, enlarged,
substituted, moved, remodeled, modified or added to as long as any
such change conforms with the established setback, offset, height,
open space, parking, loading, and access provisions of this chapter
and Code.
C.
Legal nonconforming buildings or structures existing at the time
of the adoption or amendment of this chapter with a legal conforming
use, whether on a conforming or nonconforming lot, may be moved and,
if moved, must conform with the established building setback lines
along streets and the yard, height, parking, loading, and access provisions
of this chapter and Code.
D.
Notwithstanding Subsections A, B and C, above, repair, maintenance, renovation, remodeling and restoration of such legal nonconforming building or structure can be conducted under circumstances allowed by § 60.61(5e) and (5m), Wis. Stats., in full compliance with statutes. This Subsection D is intended to comply with § 60.61(5e) and (5m), Wis. Stats.
A current file of all legal nonconforming uses, legal nonconforming
structures, and legal nonconforming lots shall be maintained by the
Zoning Administrator listing the following: owner's name and address,
description of all uses of the structure, land or water, a site plan
of the property showing the location and size of all structures on
the same, a plat map showing the dimensions of the lot, and equalized
value of the land and improvements at the time the legal nonconformity
was created.
The property owner has the burden of showing that a use, structure
or lot is legal nonconforming. The determination shall be made by
the Plan Commission after a majority of the members of the Plan Commission
have been satisfied by proof presented by the property owner or agent
that the use, structure and/or lot is in fact legal nonconforming.
Appeals from the decision of the Plan Commission concerning the determination
of legal nonconformity may be made by any person aggrieved to the
Town Board. Such appeal shall be filed with the Clerk within 30 days
after the determination by the Plan Commission.
Once a legal nonconforming use, legal nonconforming structure
or legal nonconforming lot has been changed to conform, it shall not
revert back to the legal nonconforming status.
A.
No building or structure shall be erected on a lot of less area or
width than hereinafter specified by the regulations of the district
in which such building or structure is proposed to be located, except
as modified herein.
B.
For the purpose of this chapter, the lot area shall be measured from
the base setback line and shall be exclusive of the area between the
base setback line and the existing property line ultimately to be
included in the street, but may include land zoned wetland-floodplain
subject to compliance with this chapter and Code.
C.
Lot width shall be the length of the building setback line, and shall
be no less than the district's stated minimum lot width.
D.
No lot area or lot width shall be reduced by any means so as to create
a lot of less than the required area or width or so that the existing
offsets, setbacks, open space or lot area would be reduced below that
required by the regulations for the district in which such lot is
located.
E.
Any lot which legally existed prior to enactment of this chapter
shall not be made legal solely by the adoption of this chapter.
F.
In the case of an existing substandard legal nonconforming lot of
record, such lot may be used for any purpose permitted in such district
but not for residential purposes for more than one family; provided,
however, that in no case, except as provided in this chapter, shall
the setback, offset or open space requirements be reduced except by
a grant of a variance.
G.
In the case of an existing substandard legal nonconforming lot of
record at the time of the passage of this chapter which does not conform
to the zoning regulations of the Town, and which adjoins along a side
lot line of property held in the same ownership, whether a conforming
legal lot or legal nonconforming lot, neither lot shall be conveyed
to another owner nor shall building permits be issued for a building
or structure on either lot except in conformity with the following:
(1)
Petition for determination. The owner of said lots may at any time
prior to a conveyance of either lot or request for building and zoning
permits for either lot petition the Town Board for a determination
as to the status of the lots.
(2)
Referral to Plan Commission. Such petition shall be referred to the
Plan Commission for a study to determine the practical possibility
of a redivision of such lots to provide lots which will be in conformity,
if possible, or otherwise in substantial conformity to the underlying
zoning regulations of the Town.
(3)
Criteria. The Plan Commission, in making its recommendation, and
the Town Board, in making its determination, shall give consideration,
among others, to the following factors:
(a)
Compatibility. The size, quality, and character of existing
lots and building development in the immediate area with a view to
maintaining compatibility and protecting existing values.
(b)
Sewage disposal. Where public sewer is not available, the lot
size necessary to insure safe sewage disposal.
(c)
Practicability. The economic and engineering practicality of
any possible redivision.
(d)
Hardship. The degree of practical hardship which may be imposed
upon the owner.
(f)
Determination of ownership. For the purposes of this section,
lots are to be considered in the same ownership when owned by the
same individual or corporation; an individual and another in joint
tenancy, or as tenants in common, and either of said joint or common
tenants owns other lots individually or as a joint tenant or tenant
in common with another; an individual and other lots are owned by
a spouse, parents, grandparents, children, grandchildren, or the spouse
of any child or grandchild, or a brother or sister or spouse of a
brother or sister of such person; and when any of said lots are owned
by an individual and other lots are owned by a corporation in which
said individual is an officer or director or controlling stockholder.
Subject to the provisions of Article X, Special Uses, of this Code, conditional use status may be granted to existing legal nonconforming uses upon petition of the owner where such use is determined to not be any of the following:
See Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code.
