eLaws | eCases | Wisconsin Courts | Counties & Cities of Wisconsin | Code of Federal Regulations | United States Code |
 Cudahy
 Code of Ordinances
 Chapter 44. ZONING
 Article XI. NONCONFORMING USES, STRUCTURES, AND LOTS

§ 44-1226. Existing nonconforming uses.  

Latest version.

  • The lawful nonconforming use of land or water, or a lawful nonconforming use in a conforming or nonconforming structure or a lawful nonconforming use on a conforming or nonconforming lot, which existed at the time of the adoption or amendment of this chapter, may be continued although the use does not conform with the provisions of this chapter; however:

    (1)

    Continuation of nonconforming use. Only that portion of the land or water in actual use may be so continued and the use 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.

    (2)

    Discontinuance. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter.

    (3)

    Abolishment or destruction. When a nonconforming use or a structure with a nonconforming use is damaged by fire, explosion, flood, the public enemy, or other calamity to the extent of more than 50 percent of its current equalized value, it shall not be restored except so as to comply with the use provisions of this chapter, including the requirements of section 44-1232 for nonconforming uses and structures in the FWO and FFO Overlay Districts; provided, however, that for the purpose of promoting the health, safety and general welfare of the city, the plan commission subject to confirmation by the common council may waive this provision to regulate any place, structure or object with a special character, historic interest, archaeological or aesthetic interest or other significant value for the purpose of preserving the place, structure, building or object and its significant characteristics.

    (4)

    Change to another nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.

(Code 2004, § 17.0901; Ord. No. 2074, 8-19-2003)