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2. Severability. <br />It is hereby declared to be the intention of the Mayor and City Council that the several provisions of this Ordinance are <br />severable. If any court of competent jurisdiction shall adjudge any provision of this Ordinance or application thereof to be <br />invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment. <br />3. Non -Conforming Uses and Structures. <br />1. Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in <br />a manner of operation existing upon such date except as hereinafter specified. <br />2. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared <br />unsafe by the City. <br />3. When any lawful non -conforming use of any structure or land in any district has been changed to a confirming use <br />it shall not thereafter be changed to any non -conforming use. <br />4. When a lawful non -conforming building or structure shall have been damaged by fire, flood, explosion, earthquake, <br />war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months <br />after such calamity, unless the damage to the building or structure is fifty percent (50%) or more of its fair market <br />value, in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. <br />5. Whenever a lawful, non -conforming use of a building or structure or land is discontinued for a period of six (6) <br />months, any future use of said building or structure or land shall be in conformity with the provisions of this <br />Ordinance. <br />6. Normal maintenance of a building or other structure containing or related to a lawful non -conforming use is <br />permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the <br />nonconforming use. <br />7. A lawful non -conforming use may be changed only to a use of the same or more restricted classification. <br />8. Alterations may be made to a structure or building containing lawful non -conforming residential units when they <br />will improve the livability thereof, provided they will not increase the number of dwelling units. <br />9. Uses Not Provided for Within Zoning Districts: <br />1. Whenever, in any Zoning District, a use is neither specifically allowed nor denied, the use shall be <br />considered as prohibited. In such cases, the City Council or the Planning Commission may, by their own <br />initiative, or upon request of the property owner, conduct a study to determine if: <br />1. The use can be deemed consistent with the Comprehensive Municipal Plan; <br />2. The use is acceptable to and will not adversely affect adjacent property owners; <br />3. The use is in the public interest and is not determined to be offensive; <br />4. Which defined Zoning District would be most appropriate for the use; <br />5. What conditions and standards relating to development of the use should be imposed? Upon <br />completion and consideration of the study, the City Council or Planning Commission or the real <br />property owner may initiate a request for an amendment to the Zoning Ordinance to provide for <br />the particular use under consideration in accordance with the definitions and provisions contained <br />in this Ordinance. <br />4. Lot Provisions. <br />1. Land covered by Gem Lake, its contiguous bog area including islands (measured to the mean high water mark) and <br />other DNR protected wetlands shown on applicable section maps covering the area shall not be included in any <br />area calculations required by this Ordinance. <br />Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 72 <br />