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Zoning Code Permit Center | Expansion of a Nonconforming Building

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Expansion of a Nonconforming Building
Description A legal nonconforming building that houses a conforming use, may be expanded into areas of the lot where such expansion complies with all other requirements including setback and offset standards.

Decisionmaker Plan Commission

Evaluation criteria The following factors are considered in evaluating an application:
  (1)  the degree of the existing nonconformity (i.e., 1 foot into the setback or 1 foot from the property boundary line),
  (2)  the size and configuration of the lot,
  (3)  whether the lot conforms to the dimensional standards of the zoning district in which it is located,
  (4)  the size and location of the existing nonconforming building,
  (5)  the size and location of other existing structures and those structures reasonably anticipated on the lot,
  (6)  the impact, if any, that the expansion may have on adjoining properties,
  (7)  whether the proposed expansion would violate the intent of this chapter, and
  (8)  any other factor that relates to the purposes of this chapter set forth in § 52.05 or as allowed by state law.

Appeals The Plan Commission's decision can be appealed to the Common Council within 30 calendar days of the date of the decision.
Application Fee
There is no fee
Upcoming Meetings
Plan Commission - March Review
Date Reviewed:
2025-03-10T22:30:00Z
Filing Deadline:
2025-02-21T22:00:00Z
Plan Commission - April Review
Date Reviewed:
2025-04-14T22:30:00Z
Filing Deadline:
2025-03-17T21:00:00Z
Notes

1. In order for an application to be heard on a given meeting date, the application (including forms, fees, plans, reports, etc.) must be submitted AND deemed complete by City staff on or before the corresponding submittal date. Because of that, you may want to submit your application before the submittal date. That way, we may be able to let you know if anything is missing and you'll have some time to perhaps get it done before the deadline.

2. Meeting dates and their corresponding submittal dates are subject to change.

Are you Ready?
Do you have a PDF of your completed application form and other required materials?
If no, the application form is posted on this page.
Frequently Asked Questions
View all Frequently Asked Questions
Primary Staff Contact
Jacob Maas, Director of Community Development
(262) 673-8265
Estimated Time to Complete this Application
20 Minutes
About Reviewers
The following are involved in the review of this type of application.

The Plan Commission is a 7-member body established by the Common Council to review certain development projects and act on other matters. Depending on the type of the development proposal, the commission may be advisory to the Common Council or have the authority to make the final decision.

Planning staff provides technical support to the Common Council, Plan Commission, Zoning Board of Appeals, developers, neighbors, and other interested parties to facilitate the development review process.

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Everyone involved in reviewing development projects help ensure they align with City regulations and long-term planning goals to foster positive growth and development.