Village of Winneconne, WI Article V Nonconforming Uses, Structures and Lots

Insofar as these standards are not inconsistent with the provisions of Wisconsin Statutes, they shall apply to all nonconforming structures and nonconforming uses. These regulations apply to the modification of, or addition to, any structure and to the use of any structure or premises which was lawful before passage of this chapter and Chapters 546 and 559 of this Code or any amendment thereto.

§ 580-43 Lawful nonconforming use.

Lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter and Chapters 546 and 559 of this Code may be continued although the use does not conform with the size, location, lot width, lot area, yard, height, parking, loading, access, setback, and/or other provisions of this chapter and Chapters 546 and 559 of this Code, provided:

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

B. Total lifetime structural repairs or alterations shall not exceed 50% of the Village's assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

C. 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.

D. For shoreland provisions, shall not limit the repair, reconstruction, renovation, remodeling, or expansion of a nonconforming structure or of any environmental control facility related to such structure in existence on the effective date of the shoreland, wetland, or floodplain provisions; all other provisions continue to apply.

§ 580-44 Lawful use for nonconforming substandard lots.

[Added 2-20-2018]

A. If adjoining lands and the substandard lot are owned by the same owner, and there is a structure which straddles the property line dividing the adjoining lands and the substandard lot, within a reasonable time after the property owner receives notice from the Village of the same, the property owner shall have the option of either merging the substandard lot with the adjoining lands or razing the structure.

B. With the exception of the substandard lot allowances set forth below, all the district requirements shall apply to substandard lots:

(1) Lot:

(a) Width: minimum 40 feet.

(b) Area: minimum 4,600 square feet.

(2) Building height: maximum 35 feet.

(3) Yards:

(a) Street: minimum 25 feet; second street yard on corner lots shall be not less than 10 feet.

(b) Rear: minimum 25 feet.

(c) Side: minimum 16% of the frontage, but not less than five feet for either side.

§ 580-45 Discontinued nonconforming use.

Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of the chapter and Chapters 546 and 559 of this Code (adopted under § 61.351, Wis. Stats.) may be continued although such use does not conform with the provisions of the chapter and Chapters 546 and 559 of this Code; however, such use may not be extended, when or if such a nonconforming use:

A. Is discontinued or terminated for a period of 12 months. Any future use of the structure or land shall conform to the provisions of this chapter and Chapters 546 and 559 of this Code.

B. Is damaged by fire, explosion, flood, the public enemy, or other calamity, to the extent of more than 50% of its current assessed value. It shall not be restored except so as to comply with the use provisions of this chapter and Chapters 546 and 559 of this Code.

C. The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.

§ 580-46 Noncontinuation of nonconforming use.

A. Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

B. A current file of all nonconforming uses shall be maintained by the Building Inspector, listing the following:

(1) Owner's name and address;

(2) Use of the structure or land; and

(3) Assessed value at the time of its becoming a nonconforming use.

§ 580-47 Modification impacts nonconforming status.

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Zoning Board of Appeals.

§ 580-48 Lawful use for nonconforming lot in residential district.

In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, providing such lot or parcel was of record in the County Register of Deeds office before the effective date or amendment of this chapter and Chapters 546 and 559 of this Code.

A. Such lot or parcel shall be in separate ownership from abutting lands.

B. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter and Chapters 546 and 559 of this Code.

C. If in separate ownership, all the district requirements shall be complied with insofar as practical but shall not be less than the following:

(1) Lot:

(a) Width: minimum 40 feet.

(b) Area: minimum 4,600 square feet.

(2) Building:

(a) Height: maximum 30 feet.

(3) Yards:

(a) Street: minimum 25 feet; the second street yard on corner lots shall be not less than 10 feet.

(b) Rear: minimum 25 feet.

(c) Side: minimum 16% of the frontage, but not less than five feet for either side.

D. The front yard setback for a principal single-family or two-family structure may be the average of the existing front yard setbacks of the two lots abutting it, but not less than 15 feet.

(1) In the event that either or both of the abutting lots is vacant, the minimum front yard setback required will be used for the purpose of calculating the average.

(2) This section shall only apply to property platted prior to January 1, 1993.

§ 580-49 No residential use in Industrial District.

In the Industrial District, residential dwellings and their accessory structures may not be erected on any lot or parcel of record after the time of the adoption of this chapter and Chapters 546 and 559 of this Code; no further subdivision for residential purposes is permitted in the Industrial District.