A.
Intent; interpretation.
(1)
Within the zoning districts established by this Zoning Code, or amendment
thereof, there may exist lots, structures and uses of land which were
lawful before this Zoning Code was enacted or amended but which would
be prohibited in the future under the terms of this Zoning Code or
amendment thereto.
(2)
It is the intent of the Village of Grantsburg to permit nonconforming
uses, lots and structures to remain and continue in accordance with
the provisions hereinafter set forth until they are removed due to
economic forces, public health or safety grounds, or otherwise. It
is not the intent of this Zoning Code to perpetuate and/or encourage
the long-term continuance of nonconformities, because they are inconsistent
with the requirements and character of the districts involved, or
to permit nonconformities to be generally enlarged upon, expanded,
or extended, except as provided for herein. Existing nonconformities
shall not be used to justify adding structures or uses prohibited
in the zoning district.
C.
General guidelines. It is the intention of the Village of Grantsburg
that standards be set forth for the purpose of determining:
(1)
That the nonconforming use, lot or structure existed prior to the
effective date of this chapter or amendment thereto;
(2)
The ways in which the rights of the nonconforming use, lot or structure
to remain can be preserved and the ways in which the right to continue
the nonconforming use, lot or structure can be lost;
(3)
The extent of permissible variation in the nonconforming use, lot
or structure; and
(4)
The devices available for eliminating such nonconforming use, lot
or structure, where appropriate.
D.
Burden of proof regarding nonconforming uses. Any property owner
asserting as a defense to a charge of violating this chapter because
his/her property is a valid nonconforming use has the burden of demonstrating
to reasonable certainty by the greater weight of credible evidence
that:
(1)
The nonconforming use was legally in existence at the time the zoning
ordinance provision that now prohibits that use was adopted. The use
must be lawful under then existing zoning regulations and cannot contravene
such zoning requirements.
(2)
The use of the property prior to when the nonconformity came into
being was so active and actual that the property owner can properly
assert that the property owner has acquired a vested interest in its
continuance. Such use cannot be occasional or sporadic. For purposes
of this chapter, a property owner shall be deemed to have a vested
right in the use of his/her property where that use at the time the
nonconformity came into being is both actual and active and a substantial
degree of activity or expense had been undertaken prior to the effective
date of the zoning provision that caused the nonconformity to come
into being. Such use must be more than incidental or accessory to
the principal use of the property.
(3)
The use is substantially the same use that existed prior to the enactment
of the ordinance or amendment thereto that caused the nonconformity.
In addition to the definitions contained in § 595-126 of this chapter, the following definitions shall be applicable in this article; in the event of conflict, the more specific definition shall be applicable:
The full market value placed upon the lot by the Village
Assessor as of the date that the nonconformity came into being. Such
valuation by the Assessor shall be prima facie evidence of an assessed
value of the lot.
See definition in § 595-126.
See definition in § 595-126.
See definition in § 595-126.
Nonconforming lots of record owned by the same individual or
other legal entity shall be combined prior to the issuance of a zoning
permit.
A.
Continuation of nonconforming structures.
(1)
The use of a structure existing on the date that the nonconformity
came into being may be continued although the structure's size or
location does not conform to the development regulations or parking,
loading, or access provisions of this chapter.
(2)
Any lawful nonconforming structure may be extended, enlarged, reconstructed,
or structurally altered, provided that said extension, enlargement,
reconstruction, movement or alteration complies with the setback and
building requirements of the specific zoning district. However, the
nonconforming feature of said structure shall not be allowed to become
more nonconforming by being extended, enlarged, reconstructed, moved,
or structurally altered except under one or more of the following
fact situations:
(a)
As when required to do so by law or order.
(b)
To comply with the provisions of this chapter.
(c)
With the approval of a conditional use permit under the procedures of Article V of this chapter for the purpose of making required alterations to maintain the structural integrity of the building.
(d)
With the approval of a variance by the Zoning Board of Appeals.
B.
Yard encroachments by nonconforming structures. Nonconforming structures
which encroach upon the yard (setback) requirements of this chapter
but which met yard requirements at the time the nonconformity came
into being at the time of the construction may be structurally enlarged
or expanded if the existing structure is located at a minimum of at
least 50% of the minimum setback requirement(s) and further provided
that the alteration does not create a greater degree of encroachment
on yard, height, parking, loading, or access requirements. Placement
of a new foundation or basement under an existing nonconforming structure
shall be allowed as long as no further encroachment is permitted.
The setbacks of the zoning district in which the structure is located
shall be met if the lot size and existing location of the structure
permit the setbacks to be met.
C.
Unsafe nonconforming structures. Nothing in this chapter shall preclude
the Building Inspector or any other Village official from initiating
remedial or enforcement actions when a lawful nonconforming structure
is declared unsafe or presents a danger to the public health, safety,
or welfare, constitutes a public nuisance, or is in violation of a
licensing regulation.
D.
Maintenance, repair and remodeling of nonconforming structures. This
chapter does not prohibit, or limit based on cost, the repair, maintenance,
renovation, or remodeling of a nonconforming structure.
E.
Restoration of certain damaged nonconforming structures.
(1)
In the case of damaged or destroyed nonconforming structures, the restoration of a nonconforming structure is permitted if the structure will be restored to the size, subject to Subsection E(2) below, location and use that it had immediately before the damage or destruction occurred, and no limits on the costs of the repair, reconstruction, or improvement will be imposed, if all of the following apply:
F.
Shoreland nonconforming structures. Nonconforming structures in shoreland
areas damaged or destroyed by violent wind, fire, flood, or vandalism
may be reconstructed or repaired, as provided by state law, to the
size, location, and use they had immediately before the damage occurred
if the landowner can establish that the damage was not due to deliberate
act by the landowner or his agent, or due to general deterioration
or dilapidated condition.
G.
Relocation of nonconforming structures. A nonconforming structure
shall not be moved or relocated to any other location on the lot unless
each structure is made to conform to all regulations of the zoning
district in which it is located.
Pursuant to § 62.23(7)(h), Wis. Stats., a nonconforming
use may not be extended. The total structural repairs and alterations
in such a nonconforming use's building, premises, structure or fixtures
shall not during its life exceed 50% of the assessed value of the
building, premises, structure, or fixtures unless permanently changed
to a conforming use. The nonconforming use of a structure, land, or
water existing on the date that the nonconformity came into being
may be continued although the use does not conform to the provisions
of this chapter, except that:
A.
Change to more restrictive use category. The nonconforming use of
a structure may be changed to a use of the same or more restricted
classification, but where the nonconforming use of a structure is
hereafter changed to a use of a more restrictive classification, it
shall not thereafter be changed to a use of a less restricted classification.
B.
Discontinuation of nonconforming use. If a nonconforming use is discontinued
or terminated for period of 12 months, any future use of the structure,
land or water shall conform to the provisions of this chapter.
C.
Maintenance of nonconforming use parcels. Parcels containing a nonconforming
use of land or water may be maintained or repaired, including grading,
paving, and surfacing, or the repair and replacement of bumper or
wheel stops, fences, screening and drainageways, provided that the
amount of land, water or storage (i.e., vehicles, equipment and/or
materials) devoted to such nonconforming use as it existed prior to
the date that the nonconformity came into being is not extended, enlarged
or moved.
Once a nonconforming use or structure has been changed or altered so as to comply with the pertinent district provisions of this chapter, it shall not revert back to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more or equally restrictive nonconforming use for an existing nonconforming use pursuant to the provisions of Article XV, the existing use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Zoning Board of Appeals and pertinent zoning district. Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
The use of any lot or parcel failing to comply with the performance
standards set forth in this chapter at the time of the adoption of
this chapter shall not be expanded unless the expansion conforms to
the performance standards set forth in this chapter.
