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HomeMy WebLinkAboutChapter 30 - Article V - Nonconforming Situations City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. ARTICLE V:NONCONFORMING SITUATIONS Section 30-130: Purpose The purpose of this Article is to establish regulations for the following nonconforming situations created legally prior to the effective date of this Chapter: nonconforming uses, nonconforming and substandard lots, nonconforming structures, and other nonconforming sites. Section 30-131: Nonconforming Uses (A) Definition. A nonconforming use is an active and actual use of land or structures, or both; legally established prior to the effective date of this Chapter or subsequent applicable amendments thereto which has continued the same use to the present, and which would not be permitted under the current terms of this Chapter. (B) Continuance of a Nonconforming Use. (1) Any nonconforming use lawfully existing upon the effective date of this Chapter may be continued at the size and in a manner of operation existing upon such date, except as specified in this Section. (2) Any legal use under the previous Zoning Ordinance which is made nonconforming by this Chapter may apply for a conditional use permit to be granted legal conforming status. (3) If a parcel or lot contains an existing nonconforming use, the addition of a new conforming use on that parcel or lot shall require a conditional use permit, subject to the standards, criteria, and procedures prescribed by Section 30-382, in order to ensure compatibility with the existing nonconforming use. Whether uses are compatible shall be determined by the Director of Community Development, or designee. (4) In the absence of a conditional use permit granting it legal conforming status, a nonconforming use shall be discontinued before a new conforming use may be added to the parcel. (C) Modification of a Nonconforming Use. A structure containing a nonconforming use shall not be enlarged or increased to occupy a greater area of lot, parcel, site, and/or structure than was occupied at the time of the effective date of this Chapter. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V-Page 1 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (D) No nonconforming use of a premise shall be moved in whole or in part to any other portion of the lot, parcel, site and/or structure than was occupied upon the effective date of this Chapter. (E) Discontinuance of a Nonconforming Use. (1) When any nonconforming use of any structure or land is discontinued for a period of 365 days, or is changed into a conforming use, any future use of said structure or land shall be in complete conformity with the provisions of this Chapter. (a) A nonconforming use that has been discontinued for a period of 365 days or more may be reestablished through the granting of a conditional use permit, provided that the nonconforming use is permitted by right in a zoning district that is less intensive than the zoning district of the subject property, as determined by the Plan Commission. (2) The property owner has the burden to prove that the nonconforming use has been continuously maintained over time. Potential forms of documentation include but are not limited to utility bills; tax records; business licenses; listing in telephone, business, or city directories; advertisements in dated publications; building, land use, or development permits; insurance policies; leases; dated aerial photos; insurance maps that identify use or development such as Sanborn Maps; or land use and development inventories prepared by a government agency. (F) Ordinary Maintenance and Repairs of a Structure and Land Containing a Nonconforming Use. (1) The ordinary maintenance and repairs made to a structure or land containing or related to a nonconforming use is permitted. Ordinary maintenance and repairs are defined as follows: (a) The repair or replacement of doors, windows, nonbearing walls, fixtures, heating and air conditioning components, wiring, plumbing, siding, roofing, or other nonstructural components. (b) Overlaying an off-street parking and/or loading lot, which shall mean adding a layer of asphalt or concrete to an existing off-street parking and/or loading lot. (c) Resurfacing the asphalt or concrete of the off-street parking, loading facilities, and/or access drives without exposing the base course and overlaying such area. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V-Page 2 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (2) In no instance shall said maintenance and repairs exceed, over the life of the structure, 50 percent of the present equalized assessed value of said structure or property prior to said repairs, in accordance with Wis. Stats. 62.23(7)(h). Section 30-132: Nonconforming and Substandard Lots (A) Definition. A nonconforming or substandard lot is a lot legally established prior to the effective date of this Chapter or subsequent applicable amendments thereto which would not be permitted under the current terms of this Chapter. (B) Applicability: The following Section shall apply to all lots in the City except in the following circumstances: (1) The lot did not legally exist as of the effective date of this Chapter. (2) The lot is subject to a court order to the contrary of this Section. (C) Blanket Conforming Status. (1) Blanket conforming status for any and all requirements of this Chapter is hereby automatically granted to all nonconforming or substandard lots in their configuration existing or as finally approved as of the effective date of this Chapter. This Subsection ensures that lots approved and created prior to the adoption of this Chapter do not encounter difficulty because the lots would otherwise be considered nonconforming or substandard. (2) After the effective date of this Chapter, no lot shall be created which does not meet the density, intensity, and bulk requirements of the zoning district,except any lot located within a subdivision platted prior to the effective date of this Chapter may return to its originally-platted dimensions and configurations. (D) New Development: A lot of record existing upon the effective date of this Chapter in any zoning district, which does not meet the minimum lot area, width, and frontage requirements for the zoning district, may be utilized only for one single family dwelling unit or a permitted nonresidential use, provided that such development complies with all of the density, intensity, and bulk regulations for that zoning district. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V-Page 3 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. Section 30-133: Nonconforming Structures (A) Definition. A nonconforming structure is a structure legally established prior to the effective date of this Chapter or subsequent applicable amendments thereto which would not be permitted under the current terms of this Chapter. Parking, loading, access drives, and other paved areas are included in the definition of structure. (B) The following Section shall apply to all structures in the City except in the following circumstances: (1) The structure did not legally exist as of the effective date of this Chapter. (2) The structure is subject to a court order to the contrary of this Section. (3) Where there are conflicts between or among regulations within this Section and other regulations such as floodplain, wetland, and shoreland regulations, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. (C) Blanket Conforming Status. (1) Blanket conforming status for any and all requirements of this Chapter is hereby automatically granted to any structure lawfully existing upon the effective date of this Chapter. After said date, structures may not be enlarged, expanded, or altered without bringing the enlargement, expansion, or alteration into compliance with the provisions of this Chapter, or unless a variance is granted by the Zoning Board of Appeals under Section 30-411. [Revised 4.28.20] (2) This Subsection is intended to eliminate the new and/or continued classification of structures as nonconforming subject to the requirements of this Chapter. This provision addresses two different situations: (a) Any structure erected prior to the original adoption of zoning by the City of Oshkosh that does not meet some or all of the bulk or intensity requirements of this Chapter. (b) In some instances, this Chapter establishes new bulk or intensity requirements that existing legal structures under the previous Zoning Ordinance do not meet. (3) This Section therefore ensures that owners of such structures legally established prior to the effective date of this Chapter do not encounter difficulty because the structures would otherwise be considered nonconforming. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V-Page 4 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (D) Continuation. Any structure or building lawfully existing upon the effective date of this Chapter may be continued at the size and in a manner of operation existing upon such date, except as hereafter specified. (E) Unsafe Conditions. Nothing in this Chapter shall preclude the Building Inspector from remedial or enforcement actions when said structure or building is declared unsafe. (F) Alterations. (1) For the purposes of this Section, alterations shall be defined as being one or more of the following: (a) Adding, removing, changing, or rearranging the supporting members of an existing structure, such as load-bearing walls, columns,beams, girders, trusses, or interior partitions. (b) Pulverizing and/or removing asphalt or concrete from off-street parking and loading facilities and/or access drives to the extent of exposing the base course, whether or not repaving of such area occurs. (c) Full-depth reclamation and mix and mill in-place processes that pulverize the parking facility surface and blend it on-site with the existing aggregate base. (d) For the purposes of this Section, "size" is defined as the site coverage, physical dimension, volume, height, length, width, or gross floor area. (2) A nonconforming structure may be altered provided that the nonconforming structure does not encroach any further into the established nonconforming yard setbacks or required yard setbacks. (3) A record shall be kept with lists the nonconforming structure, their assessed value, and the cost of those alterations which have been permitted. Such records shall be cumulative and track the cost of the alterations for the lifetime of the structure. (G) Additions. (1) An addition shall be defined as anything that increases the size of a building or structure. (2) Additions made to nonconforming structures shall be permissible in required setbacks subject to the following: (a) The addition shall not encroach any further into the established nonconforming yard setbacks or required yard setbacks. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V-Page 5 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (b) The addition shall conform to all other requirements of the district in which it is located. (3) Additions shall meet all other provisions of this Chapter, including, but not limited to, maximum lot coverage, off-street parking and loading facilities, and landscaping standards. (H) Relocation. (1) Relocation shall be defined as any repositioning of a structure on its site or moving any structure to another site. (2) No structure shall be moved in whole or in part to any other location on the same or any other site unless the structure complies with all of the provisions of this Chapter. (3) If a structure is relocated to a new site, it shall also comply with all other provisions of this Chapter, including, but not limited to, maximum lot coverage, off-street parking and loading facilities, and landscaping standards. (1) Ordinary Maintenance and Repairs. (1) The ordinary maintenance and repairs made to a nonconforming structure is permitted. (2) Ordinary maintenance and repairs are defined as follows: (a) The repair or replacement of doors, windows, nonbearing walls, fixtures, heating and air conditioning components, wiring, plumbing, siding, roofing, or other nonstructural components. (b) Overlaying an off-street parking and/or loading lot, which shall mean adding a layer of asphalt or concrete to an existing off-street parking and/or loading lot. (c) Resurfacing the asphalt or concrete of the off-street parking, loading facilities, and/or access drives without exposing the base course and overlaying such area. (J) Destruction and Reconstruction. A damaged, destroyed, or removed structure may be restored to the size, location, design and use that it had immediately before the damage, destruction, or removal occurred without any limits on the costs of the repair, reconstruction, or improvement if either (1) or (2),below, apply. The burden of proof in regard to the location, dimensions, configuration, and exterior building materials of the damaged or removed structure shall be upon the property owner to demonstrate prior to the issuance of a building permit. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V-Page 6 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (1) The structure was damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other act identified by Wis. Stats. 62.23(7) on or after March 2, 2006. (2) The structure was damaged, destroyed, removed, or partially removed by other means on or after the effective date of this Chapter. Section 30-134: Other Nonconforming Sites (A) Definition. A nonconforming site is a site legally established prior to the effective date of this Chapter or subsequent applicable amendments thereto which would not be permitted under the current terms of this Chapter because it does not meet the building and site design requirements of this Chapter. Such building and site design components may include one or more of the following: (1) Bulk, intensity, and density requirements. (2) Exterior building materials requirements. (3) Exterior building design requirements. (4) Number of parking spaces required. (5) Landscaping requirements. (6) Buffer yard requirements. (7) Fencing requirements. (8) Lighting requirements. (B) Blanket Conforming Status. (1) Blanket conforming status for any and all requirements of this Chapter is hereby automatically granted to all development sites in their configuration existing or as finally approved as of the effective date of this Chapter. (2) After the effective date of this Chapter, additional site development that would result in the enlargement, expansion, or extension of uses, structures or other development per (A)(1) through (8), above, will not be allowed to occur without such additional site development being in full compliance with the provisions of this Chapter. (3) This Subsection is intended to prevent the creation of nonconforming sites related to the building and site design requirements of this Chapter. --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V-Page 7 Municipal Codes City of Oshkosh Zoning Ordinance Municipal Code ............................................................................................................................................................................................................................................................................................................................................................. (4) This Subsection ensures that sites approved prior to the effective date of this Chapter do not encounter difficulty because they would otherwise be considered nonconforming. (C) New Development. All new buildings, structures, parking areas, and parking stall counts, including reconstructions, shall comply with all site design requirements of this Chapter, including the components of (A)(1) through (8), above, for the new or reconstructed portion of the development. (D) Conformance Required Where Possible. On nonconforming lots where the site configuration and undeveloped area are sufficient to comply with site design requirements, any change that would make compliance with the site design requirements of this Chapter impossible shall not be permitted, as determined by the Director of Community Development, or designee. (E) On nonconforming lots where the site configuration and undeveloped area are not sufficient to comply with all site design requirements, but space is available to reduce the degree of one or more nonconformities, the Director of Community Development, or designee, shall determine the manner and degree to which each site nonconformities shall be brought into conformance, specifically to improve public safety and/or reduce public nuisances. (F) Creation of Additional Nonconformity Prohibited. Enlargements, expansions, or extensions that would result in creation of one or more nonconformities, or increase the degree of existing nonconformities with the site development standards of this Chapter shall not be permitted. Sections 30-135 to 30-149: Reserved --------------------------------------------------------------------------------------------- City of Oshkosh Chapter 30-Article V-Page 8 Municipal Codes