The lawful nonconforming use of a structure, land, or water
existing at the time of the adoption or amendment of this Ordinance
may be continued although the use does not conform with the provisions
of this Ordinance provided that:
A.
Portion of the Land or Water in Actual Use May Be
Continued. Only that portion of the land or water in actual use may
be so continued and the nonconforming use may not be extended, enlarged,
substituted, or moved, except when required to do so by law or order
or so as to comply with the provisions of this Ordinance.
B.
Substitution of New Equipment. Substitution of new
equipment may be permitted by the Board of Zoning and Building Appeals
if such equipment will reduce the incompatibility of the nonconforming
use or structure with the neighboring uses.
C.
Conforming Special Uses. See Division 15-9.0100
for uses existing at the effective date of this Ordinance, which would
be classified as Special Uses under the provisions of this Ordinance.
The lawful nonconforming use of a structure existing at the
time of the adoption or amendment of this Ordinance may be continued
although the structure's size or location does not conform with the
established building setback line along streets or the yard, height,
parking, loading, access, floor area ratio, and lot area provisions
of this Ordinance provided that:
A.
Total Structural Repairs or Alterations. Total structural
repairs or alterations to a nonconforming structure shall not exceed
50% of the municipality's equalized assessed value of the structure
unless it is permanently changed to conform to the use provisions
of this Ordinance.
B.
Substitution of New Equipment. Substitution of new
equipment may be permitted by the Board of Appeals if such equipment
will reduce the incompatibility of the nonconforming use or structure
with the neighboring uses.
C.
Repairs and Alterations. Repairs and alterations
permitted under the provisions of this Ordinance to nonconforming
buildings and structures located in floodplains shall include floodproofing
to those portions of the building or structure involved in such repairs
or alterations. Certification of floodproofing shall be made to the
Zoning Administrator and shall consist of a plan or document certified
by a registered professional engineer that the flood-proofing measures
are consistent with the flood velocities, forces, depths, and other
factors associated with the one-hundred-year recurrence interval flood
level for the particular area.
A.
Residential Substandard Lots. A lot located in a
residential district which does not contain sufficient area to conform
to the dimensional requirements of this Ordinance, but which lot is
at least 50 feet wide and 6,000 square feet in area, may be used as
a single building site provided that:
B.
Nonresidential Substandard Lots. A lot located in
a nonresidential zoning district which does not contain sufficient
area to conform to the dimensional requirements of this Ordinance
may be used as a building site provided that the lot is a lot of record
in the Milwaukee County Register of Deeds Office prior to the effective
date of this Ordinance.
C.
Setback and Yard Requirements. Substandard lots
granted permits under this Ordinance shall be required to meet the
setback and other yard requirements of this Ordinance. A Building
Permit for the improvement of a lot with lesser dimensions and requisites
than those stated in Paragraph A. of this Section shall be issued
only after a variance is granted by the Board of Appeals.
D.
Two or More Substandard Lots with Continuous Frontage
Under the Same Ownership. If two or more substandard lots with continuous
frontage have the same ownership as of the effective date of this
Ordinance, the lots involved shall be considered to be an individual
parcel for the purpose of this Ordinance.
A.
Legal Nonconforming Use. Any lawfully established
use of a building or land that does not conform to the use regulations
for the district in which it is located at the time of the adoption
of this Ordinance shall be deemed to be a legal nonconforming use
and may be continued, except as otherwise provided herein.
B.
Continuation of Legal Nonconforming Uses. Any legal
nonconforming buildings or structures may be continued in use provided
there is no physical changes other than necessary maintenance and
repair, except as otherwise permitted herein.
C.
Buildings and Uses for which a Zoning Compliance
Permit, Special Use Permit, or Building Permit Has Been Granted. Any
building or use for which a Zoning Compliance Permit, Special Use
Permit, or Building Permit has been lawfully granted may be completed
in accordance with the approved plans, provided construction is started
within 90 days and the exterior of the building or use is completed
within six months of the effective date of this Ordinance. Such building
or use shall thereafter be deemed a lawfully established building
or use.
A.
Building, Structure, or Land Occupied by a Nonconforming
Use Changed to or Replaced by a Conforming Use. Whenever any part
of a building, structure, or land occupied by a nonconforming use
is changed to or replaced by a conforming use, such premises shall
not thereafter be used or occupied by another nonconforming use, even
though the building may have been originally designed and constructed
for the prior nonconforming use.
B.
Discontinuance of Nonconforming Use. Whenever a
nonconforming use or part thereof has been discontinued for a period
of 12 consecutive months, or whenever there is evidence of a clear
intent on the part of the owner to abandon a nonconforming use, such
use shall not, after being discontinued or abandoned, be re-established,
and the use of the premises thereafter shall be in conformity with
the regulations of the zoning district in which the use is located.
C.
Discontinuance of Nonconforming Use Where No Enclosed
Building Is Involved. Where no enclosed building is involved, discontinuance
of a nonconforming use for a period of 12 months shall constitute
abandonment, and shall not thereafter be used in a nonconforming manner.
D.
Nonconforming Uses to be Discontinued. A nonconforming
use not authorized by the provisions of the City of Franklin Unified
Development Ordinance at the time of the adoption of this Ordinance
shall be discontinued.
A.
Normal Maintenance Permitted. Normal maintenance
of a building or other structure containing a nonconforming use is
permitted, including necessary nonstructural repairs and incidental
alterations which do not extend or intensify the nonconforming use.
B.
No Structural Alteration. No structural alteration
shall be made in a building or other structure containing a nonconforming
use, except in the following situations:
1.
When the alteration is required by law.
2.
When the alteration will actually result in elimination
of the nonconforming use.
3.
When a building is in a residential zoning district
containing residential nonconforming uses, said building may be altered
in any way to improve livability, provided no structural alterations
are made which would increase the number of dwelling units or the
bulk of the building.
4.
When a residential building is non-conforming in
terms of insufficient yard setback, the residential building may be
expanded only where yard setbacks are conforming and in no situation
shall the non-conformance setback be expanded.
A.
Damaged or Destroyed Building, or Other Structure
Containing a Nonconforming Use. If a non-conforming building or other
structure, or a building or structure containing a nonconforming use
is damaged or destroyed by any means to the extent of 50% or more
of its replacement value at that time, the building or other structure
can be rebuilt or used thereafter only for a conforming use and in
compliance with the provisions of the zoning district in which it
is located. In the event the damage or destruction is less than 50%
of its replacement value, based upon prevailing costs, the building
may then be restored to its original condition and the occupancy or
use may be continued.
B.
Reconstruction of Buildings and Structures Located
on Floodplains. Reconstruction permitted under the provision of this
Division to building and structures located on floodplains shall include
floodproofing to a height two foot above the elevation of the one-hundred-year
recurrence interval flood as delineated on large-scale topographic
maps prepared by the City or by the Southeastern Wisconsin Regional
Planning Commission (SEWRPC) under the Root River Watershed study
or as determined through the use of flood profiles and accompanying
hydrologic and hydraulic engineering data, to those portions of the
building or structure involved in such reconstruction. Certification
of floodproofing shall be made to the Building Inspector and shall
consist of a plan or document certified by a registered professional
engineer that the floodproofing measures are consistent with the flood
velocities, forces, depths, and other factors associated with the
one-hundred-year recurrence interval flood level for the particular
area.
A.
Nonconforming Building Shall Not Be Extended. A
nonconforming building shall not be extended unless the entire building
is thereafter devoted to a conforming use and said extension meets
all applicable Ordinance requirements, and is made to conform to all
the regulations of the zoning district in which it is located.
B.
Buildings Partially Occupied by a Nonconforming
Use. No building partially occupied by a nonconforming use shall be
altered in such a way as to permit the enlargement or expansion of
the space occupied by such nonconforming use.
C.
Limitations on the Expansion of a Nonconforming
Use. No nonconforming use may be extended in such a way as to occupy
any required usable open space, or any land beyond the boundaries
of the zoning lot as it existed on the effective date of this Ordinance,
or to displace any conforming use in the same building or on the same
parcel of land.
D.
Building or Structure Nonconforming with Respect
to Yards, Floor Area Ratio, or Any Other Element of Bulk. A building
or structure which is nonconforming with respect to yards, floor area
ratio, or any other element of bulk shall not be altered or expanded
in any manner which would increase the degree or extent of its nonconformity
with respect to the bulk regulations for the district in which it
is located.
E.
Additions and Enlargements Located on Floodplains.
Additions and enlargements permitted under the provisions of this
Division to building and structures located on floodplains shall include
floodproofing to a height two foot above the elevation of the one-hundred-year
recurrence interval flood as delineated on large-scale topographic
maps prepared by the City or by the Southeastern Wisconsin Regional
Planning Commission (SEWRPC) under the Root River Watershed study
or as determined through the use of flood profiles and accompanying
hydrologic and hydraulic engineering data, to those portions of the
building or structure involved in such additions and enlargements.
Certification of floodproofing shall be made to the Building Inspector
and shall consist of a plan or document certified by a registered
professional engineer that the floodproofing measures are consistent
with the flood velocities, forces, depths, and other factors associated
with the one-hundred-year recurrence interval flood level for the
particular area.
A.
Nonconforming Use Changed to Conforming Use or Substandard
Structure Altered to Comply with this Ordinance. Once a nonconforming
use has been changed to a conforming use or a substandard structure
has been altered so as to comply with this Ordinance, it shall not
revert back to a nonconforming use or substandard structure.
B.
Substitution of More Restrictive Nonconforming Use
for Existing Nonconforming Use. Once the Board of Zoning and Building
Appeals has permitted the substitution of a more restrictive nonconforming
use for an existing nonconforming use, the prior existing use shall
lose its status as a legal nonconforming use and the substituted use
shall become subject to all the conditions required by the Board.
Whenever a lawfully existing building or other structure otherwise
conforms to the use regulations of the zoning district in which it
is located, but is nonconforming only in the particular manner hereinafter
specified, the building and use thereof shall be exempt from the requirements
of § 15-3.1006.
A.
Dwelling Structure Nonconforming Only as to the
Number of Dwelling Units Contained. In any residential zoning district
where a dwelling structure is nonconforming only as to the number
of dwelling units it contains, provided no such building shall be
altered in any way so as to increase the number of dwelling units
therein.
B.
Business or Industrial District Where the Use is
Less Distant from a Residential Zoning District than Specified. In
any business or industrial district, where the use is less distant
from a residential zoning district than that specified in the regulations
for the district in which it is located.
C.
Other. In any zoning district where an established
building, structure, or use is nonconforming with respect to the standards
prescribed herein for any of the following:
1.
Floor area ratio including both net floor area ratio
(NFAR) and gross floor area ratio (GFAR).
2.
Yards - front, corner, side, rear, or transitional.
3.
Off-street parking and loading.
4.
Lot area.
5.
Building height.
6.
Gross floor area.
7.
Landscaping, landscape bufferyards, landscape surface
ratio (LSR), and open space ratio (OSR).
D.
Pre-existing Lot Sizes. Where a lot size was conforming
prior to the adoption of this Ordinance, and regulates if this Ordinances
has revised minimum lot size requirements for a particular zoning
district, the lot shall continue to be considered a conforming lot.
E.
Enlargement or Extension of a Nonconforming Use
May be Allowed by the Common Council. The enlargement or extension
of a nonconforming use may be allowed by the Common Council, following
a public hearing duly noticed and held by the Board of Zoning Appeals,
provided that the Board shall determine and set forth in writing:
1.
Such enlargement or extension is consistent with
the public interest.
2.
Such enlargement or extension will not have an "adverse"
effect on property in the surrounding neighborhood on account of visual
appearance, increased traffic (pedestrian or vehicular), noise, smoke,
odor, or other factors. Further, no such enlargement or extension
of a nonconforming use shall be permitted unless all building height,
yard, coverage, and off-street parking and loading requirements of
this ordinance for the district in which such use is located are adhered
to. In the event that a written protest against any enlargement or
extension of a nonconforming use, signed and acknowledged by the owners
of 20% of the property immediately adjoining or across an alley therefrom,
or by the owners of 20% of the frontage directly across the street
therefrom, is filed with the Zoning Board of Appeals, such enlargement
or extension shall not be allowed, except by a 3/4 vote of the Common
Council. No nonconforming use may be enlarged or expanded in floor
area or lot area by more than 50% in the aggregate, based upon its
size or scope on the effective date of this amendatory ordinance,
whether or not such aggregate enlargement or expansion occurs at one
time or at successive times.
3.
Enlargements or extensions permitted under the provisions
of this section to building and structures located on floodplains
shall include floodproofing to a height two foot above the elevation
of the one-hundred-year recurrence interval flood as delineated on
large-scale topographic maps prepared by the City or by the Southeastern
Wisconsin Regional Planning Commission (SEWRPC) under the Root River
Watershed study or as determined through the use of flood profiles
and accompanying hydrologic and hydraulic engineering data, to those
portions of the building or structure involved in such enlargements
or extensions. Certification of floodproofing shall be made to the
Building Inspector and shall consist of a plan or document certified
by a registered professional engineer that the floodproofing measures
are consistent with the flood velocities, forces, depths, and other
factors associated with the one hundred year recurrence interval flood
level for the particular area.
A.
Floodplain Nonconforming Use or Structure. In accordance
with § 62.23(7)(h) of the Wisconsin Statutes, no modification
to a floodplain nonconforming use or structure shall be permitted
that would, over the life of the nonconforming use or structure, exceed
50% of the equalized assessed value of the structure at the time of
modification, unless the entire structure is changed to a conforming
structure with a conforming use or was damaged or destroyed after
March 1, 2006, and meets the requirements of § 62.23(7)(hc)
of the Wisconsin Statutes and all of the minimum requirements under
44 CFR Chapter I-Part 60 of the Code of Federal Regulations (CFR),
or the regulations promulgated thereunder. The percentage shall be
derived from the cost of the modification compared to the structure's
equalized assessed value at the time of the modification. Ordinary
maintenance repairs are not considered structural repairs or alterations.
Such ordinary maintenance repairs include internal and external painting,
decorating, and paneling; the replacement of doors, windows, and other
nonstructural components; and the maintenance, repair, or replacement
of existing sewage systems, water supply systems, or connections to
public utilities. Ordinary maintenance repairs do not include any
costs associated with the repair of a damaged structure in a floodplain.
The cost of elevating a nonconforming building or a building with
a nonconforming use to the flood protection elevation is excluded
from the 50% provision in this paragraph.
A nonconforming historic structure may be altered if the alteration
will not preclude the structure's continued designation as a historic
structure; the alteration will have low flood damage potential and
comply with the standards contained in the applicable floodplain districts
in §§ 15-3.0319, 15-3.0320, and 15-3.0321; flood resistant
materials are used; and construction practices and floodproofing methods
that comply with § 15-3.1112 of this Ordinance are used.
The Building Inspector shall maintain records of all floodplain
nonconforming uses and structures, and modifications made to floodplain
nonconforming uses and structures. Records shall reflect the current
equalized assessed value of nonconforming structures, the costs of
any modifications that are permitted, and the percentage of the structure's
current value that those modifications represent.
B.
Additional Requirements for Nonconforming Uses and
Structures in the FW Floodway District. No modification or addition
shall be allowed to any nonconforming structure or any structure with
a nonconforming use in the floodway, unless such modification or addition
complies with the following:
1.
Has been granted a permit or variance that meets
the requirements of §§ 15-3.0319 and 15-3.0604 of this
Ordinance.
2.
Contiguous dry land access will be provided for
residential, commercial, and institutional uses in compliance with
§ 15-3.0606B.1.
3.
Will not increase the obstruction to flood flows
or regional flood height.
4.
Any addition to the existing structure shall be
floodproofed, pursuant to § 15-3.1112, by means other than
the use of fill, to the flood protection elevation, except where paragraph
5 below applies.
5.
If any part of the foundation below the flood protection
elevation is enclosed, the following standards shall apply:
a.
The enclosed area shall be designed by a registered
engineer or architect to allow for the efficient entry and exit of
flood waters without human intervention. A minimum of two openings
must be provided with a minimum net area of at least one square inch
for every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent grade.
b.
The parts of the foundation located below the flood
protection elevation must be constructed of flood-resistant materials.
c.
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation.
d.
The use must be limited to parking or limited storage.
6.
No new private onsite wastewater treatment system
(POWTS), or addition to an existing POWTS except where an addition
has been ordered by a government agency to correct a hazard to public
health, shall be allowed in the floodway. Any replacement, repair,
or maintenance of a POWTS in the floodway shall meet all applicable
City ordinances and Chapter Comm 83 of the Wisconsin Administrative
Code.
7.
No new well or modification to an existing well
used to obtain water for ultimate human consumption shall be allowed
in the floodway. Any replacement, repair, or maintenance of an existing
well in the floodway shall meet all applicable requirements of City
ordinances and Chapters NR 811 and 812 of the Wisconsin Administrative
Code.
C.
Additional Requirements for Nonconforming Uses and
Structures in the FC Floodplain Conservancy District and FFO Floodplain
Fringe Overlay District. No modification or addition shall be allowed
to any nonconforming structure or any structure with a nonconforming
use in the floodplain fringe areas, unless such modification or addition
complies with the following:
1.
Has been granted a permit or variance by the City.
2.
The modification or addition shall be placed on
fill or floodproofed to the flood protection elevation in compliance
with the standards for that particular use in §§ 15-3.0320,
15-3.0321, 15-3.0605, and 15-3.0606, except where paragraph 3 below
applies.
3.
Where compliance with the fill or floodproofing
provisions of paragraph 2 above would result in unnecessary hardship,
and only where the structure will not be used for human habitation
or be associated with a high flood damage potential, the Board of
Zoning and Building Appeals, using the procedures established in § 15-9.0105,
may grant a variance for modifications or additions which are protected
to elevations lower than the flood protection elevation provided:
a.
No floor is allowed below the regional flood elevation
for residential or commercial structures.
b.
Human lives are not endangered.
c.
Public facilities, such as water or sewer, will
not be installed.
d.
Flood depths will not exceed two feet.
e.
Flood velocities will not exceed two feet per second.
f.
The structure will not be used for storage of materials
described in § 15-3.0320C.
4.
An addition to an existing room in a nonconforming
building or a building with a nonconforming use may be allowed in
the FC and FFO Districts on a one-time basis only, provided that the
addition:
5.
All new private onsite wastewater treatment systems
(POWTS), or additions to, replacement, repair, or maintenance of a
POWTS shall meet all applicable provisions of City ordinances and
Chapter Comm 83 of the Wisconsin Administrative Code.
6.
All new wells, or additions to, replacement, repair,
or maintenance of a well shall meet all applicable provisions of City
ordinances and Chapters NR 811 and 812 of the Wisconsin Administrative
Code.
Notwithstanding § 62.23(7)(h) of the Wisconsin Statutes,
the repair, reconstruction, renovating, remodeling or expansion of
a legal nonconforming structure, or any environmental control facility
related to a legal nonconforming structure, located in the SW Shoreland
Wetland Overlay District and in existence at the time of adoption
or subsequent amendment of this Ordinance is permitted pursuant to
§ 62.231(5) of the Wisconsin Statutes.
