Town of Mukwonago - Permit Center | Expansion of Legal Nonconforming Building

Expansion of Legal Nonconforming Building

Description: A legal nonconforming structure 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. See § 36-1504(b)(1) of the zoning code for more details.

Decision-maker(s): Plan Commission

Evaluation criteria: The following factors are considered in evaluating an application:

the size of the lot;
the size and location of the existing legal non-conforming structure;
the size and location of any other structure on the lot; the size and location of the proposed expansion;
the impact, if any, that the expansion may have upon neighboring properties; whether the proposed expansion would violate the intent of the Zoning Ordinance, and
such other matters factors as the Plan Commission finds to be relevant in the interest of the public health, safety, welfare, and be compatible with other properties in the area of the town.

Application Fee

$50 plus any professional chargeback fees

Upcoming Meetings

There are no upcoming dates at this time.

Application Materials

Expansion of a Nonconforming Building

Statistics

Submit Application

Are you Ready?

Do you have a PDF of your completed application form and other required materials?

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If no, the application form is posted on this page.

Frequently Asked Questions

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Can a decision of the Plan Commission be appealed?

Although the Plan Commission generally makes recommendations, there are some instances where the Commission makes the final decision. Those decisions can be appealed to circuit court. An appeal must be made soon after the decision has been made.

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What is a professional chargeback fee?

For some types of development reviews, the Town charges the applicant for the time spent by the town engineer, attorney, planner, or other professional in reviewing their application. In that way, Town taxpayers aren't paying for the cost of development activities. Invoices are mailed to the applicant as the Town incurs such costs. Additional information is found in Section 2-2 and 2-3 of the municipal code. Get details.

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If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

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What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

Primary Staff Contact

Ben Greenberg, Zoning Administrator

262-204-2350

[email protected]

About Reviewers

The following are involved in the review of this type of application.

The Town Board is the governing body of the Town of Mukwonago and is responsible for making decisions on local policies, budgets, and ordinances. The board also reviews certain types of development projects. The board consists of 5 members who are elected to two-year, overlapping terms.

The Plan Commission is a 7-member body established by the Town Board 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 Town Board or have the authority to make the final decision. Three members also serve on the Town Board; the remaining members are town residents.

Planning staff provides technical support to the Town Board, 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 Town regulations and long-term planning goals to foster positive growth and development.

All of the zoning regulations on this site (text & map) are for a proposed zoning code rewrite project. Got it!

Zoning Code | Permit Center | Expansion of Legal Nonconforming Building