Part 320-300 TERMINOLOGY
ZONING ADMINISTRATOR
The Community and Economic Development Director or designee
36 Diagram 320-302-1 Building and Roof Types
Reference Table 505-1, Table 505-2, Table 509-1, Table 509-2, Table 320-509-3.
ROOFFLAT
BUILDING FOOTPRINT
HIP ROOF GABLED ROOF SHED ROOF MANSARD
ROOF
ROOF LINE
BUILDING MEASURE FROM HIGHEST POINT OF
ROOFLINE FOR FLAT ROOF OR FOR ROOFS W/PITCH RATIO LESS THAN 4:12
MEASURE FROM POINT MIDWAY BETWEEN PEAK AND EAVES FOR ROOFS W/PITCH RATIO GREATER THAN 4:12
MEASURE FROM AVERAGE ELEVATION OF FINISHED GRADE WHERE GROUND MEETS EACH EXTERIOR FACADE OF BUILDING/STRUCTURE.
AVERAGE GRADE IS THE MEAN ELEVATION OF THE GRADE CALCULATED FROM THAT POINT AT THE BASE OF THE FOUNDATION OUT TO A POINT 10’
FROM THE BASE (AT A RIGHT ANGLE)
BUILDING
EXAMPLE OF HOW TO LOCATE AVERAGE GRADE MEASURE POINTS
Graphic 320-302-1 Building and Roof Types
37 Diagram 320-302-2 Bulk Regulations
Reference §320-504(Q), Table 320-505-1, Table 320-505-2, Table 320-509-1, Table 320-509-2, Table 320-509-3.
STREET
(FRONT FACADE) (FRONT FACADE) (FRONT FACADE) (FRONT FACADE)
(FRONT FACADE)
TO PROJECT BEYOND THIS LINE
(FRONT FACADE)
38 Diagram 320-302-3 Bulk Regulations
Reference Table 505-1, Table 505-2, Table 509-1, Table 509-2, Table 320-509-3.
FRONT SETBACK LINE
GENTA FRO LOT
LOT F
RONTAGE LOT FRONTAGE
INTERIOR LOT FLAG LOT
LOT FRONTAGELOT FRONTAGELOT FRONTAGE
LOT FRONTAGE
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Part 320-400
NONCONFORMITIES
Article I Nonconformities
Reference §320-104(A)
§ 320-401 Applicability and intent.
Any use of land or structures, or any lot or structure which lawfully existed at the effective date of adoption or amendment of this Chapter which would not be permitted or permissible by the provisions of this Chapter as adopted or amended, shall be deemed nonconforming. It is the intent of this Chapter to permit such nonconformities to continue, subject to certain restrictions listed within this section unless otherwise noted within this Chapter.
§ 320-402 Nonconforming uses of land (or land with minor structures only).
Where at the effective date of adoption or amendment of this Chapter a use of land exists which would not be permitted or permissible in the district in which it is located, and where such use involves a structure or structures with a fair market value of less than $10,000, such use may be continued, subject to the following restrictions:
A. Such use shall not be enlarged, increased, nor extended to occupy a greater area of the lot than was occupied at the effective date of adoption or amendment of this Chapter.
B. Such use shall not be moved in whole or part to any other portion of the lot other than the portion occupied by such use at the effective date of adoption or amendment of this Chapter.
C. When such use is discontinued or abandoned for a period of more than twelve consecutive months for any reason, or when such use is replaced by a permitted or permissible use, a nonconforming use shall not thereafter be resumed.
D. No additional structure in connection with such use shall be erected.
§ 320-403 Nonconforming uses of structures.
Where at the effective date of adoption or amendment of this Chapter the use of a structure exists which would not be permitted or permissible in the district in which it is located, and where such use involves a structure with a fair market value exceeding $10,000, such use may be continued, subject to the following restrictions:
A. No existing structure devoted to a use not permitted or permissible shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted or permissible in the district in which it is located.
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B. Any nonconforming use may be extended throughout any parts of a building manifestly arranged or designed for such use at the effective date of adoption or amendment of this Chapter. Any nonconforming use that occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building.
A nonconforming use shall not be extended to occupy any land outside the building, nor any other building not used for such nonconforming use.
C. There may be a change in tenancy, ownership, or management of a nonconforming use, provided there is no change in the nature or character of such nonconforming use.
D. When such use of a structure is discontinued or abandoned for a period of more than twelve consecutive months for any reason, or when such use is replaced by a permitted or permissible use, a nonconforming use shall not thereafter be resumed.
E. If a structure occupied by a nonconforming use is removed or destroyed or damaged to the extent of more than 50% of its fair market value at the time of destruction, the
nonconforming use shall not be resumed, except as provided in § 60.61(5m), Wis. Stats.
§ 320-404 Nonconforming structures.
Where at the effective date of adoption or amendment of this Chapter a structure exists which could not be erected in the district in which it is located by reason of restriction on area or coverage, height, yards, its location on the lot or other non-design requirements concerning the structure, such structure may continue in existence, subject to the following restrictions:
Reference Diagram 320-400-1.
A. Such structure shall not be altered in any manner increasing the degree of nonconformity.
The total structural repairs or alterations in such nonconforming structure shall not during its life exceed 50% of the fair market value of the structure, except as provided in
§ 60.61(5m), Wis. Stats.
B. If such structure is destroyed or damaged to the extent of less than 50% of its replacement cost at the time of destruction, it may be reconstructed, provided reconstruction shall substantially reflect the prior structural arrangement and shall not increase the degree of nonconformity. If such structure is destroyed or damaged to the extent of more than 50%
of its fair market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the district in which it is located.
C. When a structure becomes nonconforming as to setback from a public right-of-way because the public right-of-way was dedicated, reserved, widened, or relocated, such structure shall not be considered a nonconforming structure under this section. However, no such structure shall thereafter be added to or rebuilt closer to the public right-of-way.
Reference Diagram 320-400-2.
§ 320-405 Nonconforming characteristics of use.
If characteristics of use such as lighting, parking, noise or other matters pertaining to the use of land, structures, and premises are made nonconforming by the provisions of this Chapter as
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adopted or amended, no change shall thereafter be made in such characteristics of use which increases the nonconformity; provided, however, changes may be made which decrease such nonconformity.
A. Nonconforming design of structures. If characteristics of the design of a structure such as walls, roofs, equipment, entrances, facades or building materials are made
nonconforming by the provisions of this Chapter as adopted or amended, the structure may be altered or enlarged; provided the alteration or enlargement complies with such requirements and does not increase the nonconformity.
§ 320-406 Nonconforming lots of record.
In any district, any permitted or permissible use may commence, or structure may be erected on a single lot of record at the effective date of adoption or amendment of this Chapter. This
provision shall apply even though such lot fails to meet the requirements of lot area, lot width, lot frontage or all three for the district in which it is located, and provided all other requirements for the district are met.
§ 320-407 Casual, temporary, or illegal use.
The casual, temporary, or illegal use of land or structures, or land structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.
§ 320-408 Repairs and maintenance.
Nothing in this Chapter shall be deemed to prevent normal maintenance or repair of any structure or to prevent restoring to a safe condition any structures declared to be unsafe.
42 Diagram 320-400-1 Nonconformities
Reference § 320-404
SIDE PROPERTY / R.O.W. LINE
PROPERTY LINE
REAR PROPERTY LINE
R.O.W.
R.O.W. FRONT PROPERTY / R.O.W. LINE
INCREASE IN DEGREE OF NON-CONFORMITY PARALLEL EXTENSION NOT
PERMITTED WITHOUT VARIANCE INCREASE IN DEGREE OF NON-CONFORMITY PARALLEL EXTENSION NOT
PERMITTED WITHOUT VARIANCE
EXISTING BUILDING FOOTPRINT
EXPANSION WITHIN SETBACK AREA PERMITTED WITHOUT A VARIANCE PROPERTY LINE
PROPOSED EXPANSION EXPANSION WITHIN SETBACK AREA PERMITTED WITHOUT A VARIANCE
SETBACK LINE
SETBACK LINE
SETBACK LINE
EXISTING HORIZONTAL DEGREE OF NON-CONFORMITY
EXISTING HORIZONTAL DEGREE OF NON-CONFORMITY
PROPOSED INCREASE IN DEGREE OF NON-CONFORMITY WHICH REQUIRES A VARIANCE Diagram 320-400-1 Nonconformities
43 Diagram 320-400-2 Nonconformities
Reference § 320-404
PROPERTY LINE CONFORMING
PROPOSED EXPANSION NON-CONFORMING PROPOSED EXPANSION REQUIRES A VARIANCE OLD SETBACK LINE
EXISTING STRUCTURE TO REMAIN CONFORMING
OLD R.O.W. LINE NEW R.O.W. LINE
NEW SETBACK LINE Diagram 320-400-2 Nonconformities
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