The lawful nonconforming use of a structure,
land or water existing at the time of the adoption or amendment of
this chapter may be continued although the use does not conform to
the provisions of this chapter; however:
A.
Only that portion of the land or water in actual use
may be so continued and the structure 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.
B.
Total structural repairs or alterations during a structure’s
lifetime shall not exceed 50% of the Village’s present assessed
value of the structure unless it is permanently changed to conform
to the use provisions of this chapter.
[Amended 6-20-2017 by Ord. No. 776]
[Amended 9-4-2012 by Ord. No. 731]
If a 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. When a nonconforming use
is damaged by fire, explosion, flood, public enemy, or other calamity
to the extent of more than 50% of its current equalized value, it
shall not be restored except so as to comply with the use provisions
of this chapter.
[Amended 9-4-2012 by Ord. No. 731]
A lawful nonconforming structure existing at the time of the
adoption or amendment of this chapter may be continued although the
structure's size or location does not conform to the established building
setback line along streets, or the yard, height, parking, loading,
access, and lot area provisions of this chapter.
A.
Additions and enlargements to existing nonconforming structures are
permitted and shall conform to the established building setback lines
along streets and the yard, height, parking, loading, and access provisions
of this chapter. Existing buildings and their additions shall not
be permitted to encroach further upon established yard and height
requirements than the existing encroachment.
B.
Existing nonconforming structures which are damaged or destroyed
by fire, explosion, flood, or other calamity may be reconstructed
and, insofar as is practicable, shall conform to the established building
setback lines along streets and the yard, height, parking, loading,
and access provisions of this chapter.
C.
Existing nonconforming structures may be moved and, insofar as is
practicable, shall conform to the established building setback lines
along streets and the yard, height, parking, loading, and access provisions
of this chapter.
Once a nonconforming use or structure has been
changed to conform, it shall not revert back to a nonconforming use
or structure. Once the Board of Zoning Appeals has permitted the substitution
of a more restrictive nonconforming use for an existing nonconforming
use, the substituted use shall lose its status as a legal nonconforming
use and become subject to all the conditions required by the Board
of Zoning Appeals.
Notwithstanding § 62.23(7)(h), Wis.
Stats., the repair, reconstruction, renovating, remodeling or expansion
of a legal nonconforming structure, or any environmental control facility
related to a legal nonconforming structure, located in the C-1 Conservancy
District and in existence at the time of adoption or subsequent amendment
of this chapter is permitted pursuant to Section 61.351(5) of the
Wisconsin Statutes.
