Present uses of buildings, signs and premises
may be continued even though they do not conform to the restrictions
of this chapter. However, expansion, structural repairs or alterations
of such buildings, signs or premises shall not during their life exceed
50% of their assessed value at the time they become nonconforming
unless a building, sign or premises conforming to this chapter results.
Any nonconforming use that is abandoned for one year shall be discontinued
permanently.
Where, on the effective date of adoption or
amendment of this chapter, a structure exists which could not be erected
in the district in which it is located by reason of restriction on
lot coverage, height, yards, its location on the lot or other requirements
concerning the structure, such structure may continue in existence
subject to the following restrictions:
A.
Such structure shall not be altered in any manner
that would increase the degree of nonconformity. Any other structural
alteration shall require approval by the Board of Appeals.
B.
If such structure is destroyed or damaged to an extent
of less than 50% of its replacement cost at the time of destruction
it may be reconstructed, provided that any reconstruction shall substantially
reflect the prior structural arrangement and shall not increase the
degree of nonconformity. If such structure is destroyed or damaged
to an extent of more than 50% of its replacement cost at the time
of destruction, any reconstruction shall require approval by the Planning
Commission. For the purpose of this subsection, damages shall be determined
by the Building Inspector within 21 days. A nonconforming structure
or any structure with a nonconforming use which is damaged or destroyed
by violent wind, vandalism, fire, flood, ice, snow, mold or infestation
may be restored in accordance with the provisions of § 62.23(7)(hc),
Wis. Stats.
