[Amended 6-24-2003; 7-22-2003; 5-24-2005; 8-22-2006]
The lawful nonconforming principal use of a
building, premises, structure, fixture, land or water existing at
the time of the adoption or amendment of this chapter may be continued
although the principal use does not conform to the provisions of this
chapter. (NOTE: For purposes of this section, a "fixture" is defined
in accordance with the Wisconsin case law rule. The rule which has
developed in Wisconsin case law as to what constitutes a fixture is
not really a comprehensive definition but rather a statement of the
factors that are to be applied to the facts and circumstances of a
particular case to determine whether or not the property in question
does constitute a fixture: "...Whether articles of personal property
are fixtures, i.e., real estate, is determined in this state, if not
generally, by the following rules or tests: 1) Actual physical annexation
to the real estate; 2) Application or adaptation to the use or purpose
to which the realty is devoted; and 3) An intention on the part of
the person making the annexation to make a permanent accession to
the freehold.") A principal structure used in accordance with applicable
zoning regulations that does not conform to applicable frontage, width,
height, area, yard, parking, loading or setback requirements shall
be considered to be a nonconforming structure but not a nonconforming
use.
A.
Nonconforming uses.
(1)
Only that portion of the land or water in actual use
may be so continued, and a nonconforming use may not be extended or
enlarged.
(2)
If a nonconforming use is discontinued for a period
of 12 months, any future use of the building, structure, fixture or
premises shall conform to the chapter.
(3)
Uses that are merely casual and occasional or accessory
or incidental to the principal use cannot acquire a nonconforming
use status.
B.
Nonconforming structures.
(1)
Subject to the provisions of Subsection B(4) of this section, structural additions and enlargements to existing legal nonconforming structures are permitted to the extent that such structural additions and enlargements do not create or increase nonconformity with applicable setback lines or applicable yard, height, parking, loading or access provisions of this chapter.
[Amended 6-26-2012]
(2)
The Village Plan Commission may, in its discretion,
upon receipt of the Building Board's recommendations and following
a public hearing noticed by a Class 2 notice, grant a special exception
to allow a structural addition or enlargement that encroaches into
the setback requirements.
(a)
No application for a special exception shall be considered unless the Zoning Administrator has received the fee established by the Village Board of Trustees from time to time, by resolution, together with a completed application and the information required under § 335-88D(1) of this chapter.
(b)
No application for a special exception shall
be granted unless the Plan Commission determines that all of the following
conditions are satisfied:
[1]
The subject structure is legally conforming
with respect to use.
[2]
No point on the proposed addition or enlargement
shall have a distance to a lot line that is shorter in length than
the distance from the same lot line to the closest point on the subject
structure as it existed at the time of the request for a special exception.
[3]
The proposed addition or enlargement is not
contrary to the public interest or detrimental to public health or
safety.
[4]
The proposed addition or enlargement shall not
be detrimental to the character or property values of the surrounding
area.
[5]
For corner lots, the Board shall also determine
that the proposed addition or enlargement will not impair a reasonable
vision clearance for traffic on adjacent streets.[1]
[1]
Editor's Note: Former Subsection B(3), concerning the allowable
amount of total lifetime structural repairs or alterations, was repealed
6-26-2012, which ordinance also redesignated former Subsection B(4)
and (5) as Subsection B(3) and (4).
(3)
Subject to Subsection B(4), a damaged or destroyed nonconforming structure may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, without limitation as to the costs of repair, reconstruction, or improvement, if all of the following apply:
[Amended 6-26-2012]
[Amended 8-22-2006]
If such nonconforming use is discontinued or
terminated for a period of 12 months, any future use of the building,
premises, structure, fixture, land or water shall conform to the provisions
of this chapter.
Notwithstanding § 62.23(7)(h), Wis.
Stats, the repair, reconstruction, renovation, remodeling or expansion
of a legal nonconforming structure, or any environmental control facility
related to a legal nonconforming structure, located in the W-1 Wetland
District and in existence at the time of adoption or subsequent amendment
of this chapter is permitted pursuant to § 61.351(5), Wis.
Stats.
