Any use of land or structures or any lot or
structure which lawfully existed at the effective date of adoption
or amendment of this chapter which would not be permitted or permissible
by the provisions of this chapter as adopted or amended shall be deemed
nonconforming. It is the intent of this chapter to permit such nonconformities
to continue, subject to certain restrictions.
Where at the effective date of adoption or amendment
of this chapter a use of land exists which would not be permitted
or permissible in the district in which it is located and where such
use involves a structure or structures with a fair market value of
less than $10,000, such use may be continued subject to the following
restrictions:
A.
Such use shall not be enlarged, increased, or extended
to occupy a greater area of the lot than was occupied at the effective
date of adoption or amendment of this chapter.
B.
Such use shall not be moved in whole or part to any
other portion of the lot other than the portion occupied by such use
at the effective date of adoption or amendment of this chapter.
C.
When such use is discontinued or abandoned for a period
of more than 12 consecutive months for any reason whatever, or when
such use is replaced by a permitted or permissible use, a nonconforming
use shall not thereafter be resumed.
D.
No additional structure in connection with such use
shall be erected.
Where at the effective date of adoption or amendment
of this chapter the use of a structure exists which would not be permitted
or permissible in the district in which it is located and where such
use involves a structure with a fair market value exceeding $10,000,
such use may be continued subject to the following restrictions:
A.
No existing structure devoted to a use not permitted
or permissible shall be enlarged, extended, constructed, reconstructed,
moved, or structurally altered except in changing the use of the structure
to a use permitted or permissible in the district in which it is located.
B.
Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the effective date of adoption or amendment of this chapter.
Any nonconforming use which occupied a portion of a building not originally
designed or intended for such use shall not be extended to any part
of the building. No nonconforming use shall be extended to occupy
any land outside the building nor any other building not used for
such nonconforming use.
C.
There may be a change in tenancy, ownership, or management
of a nonconforming use, provided that there is no change in the nature
or character of such nonconforming use.
D.
When such use of a structure is discontinued or abandoned
for a period of more than 12 consecutive months for any reason whatever,
or when such use is replaced by a permitted or permissible use, a
nonconforming use shall not thereafter be resumed.
E.
If a structure occupied by a nonconforming use is
removed or destroyed or damaged to an extent of more than 50% of its
fair market value at the time of destruction, the nonconforming use
shall not be resumed.
Where at 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 area or
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
which would increase the degree of nonconformity. The total structural
repairs or alterations in such nonconforming structure shall not during
its life exceed 50% of the fair market value of the structure.
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 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 fair market value at the time
of destruction, it shall not be reconstructed except in conformity
with the provisions of the district in which it is located. A nonconforming
structure damaged or destroyed by violent wind, vandalism, fire, flood,
ice, snow, mold or infestation after March 2, 2006, may be restored
in accordance with the provisions of § 60.61(5m), Wis. Stats.[1]
If characteristics of use, such as lighting,
parking, noise or other matters pertaining to the use of land, structures
and premises, are made nonconforming by the provisions of this chapter
as adopted or amended, no change shall thereafter be made in such
characteristics of use which increases the nonconformity; provided,
however, that changes may be made which do not increase, or which
decrease, such nonconformity.
A.
In any district, any permitted or permissible structure
may be erected on a single lot of record at the effective date of
adoption or amendment of this chapter This provision shall apply even
though such lot fails to meet the requirements of lot area, lot width,
or both, for the district in which it is located, provided that such
lot shall be in separate ownership and not of continuous frontage
with other lots in the same ownership, and provided that all other
requirements for the district are met.
B.
If two or more lots or combinations of lots and portions
of lots with continuous frontage in single ownership are of record
at the effective date of adoption or amendment of this chapter, the
lands involved shall be considered to be an individual parcel for
the purposes of this chapter, and no portion of such parcel shall
be used, divided, or sold which does not meet the lot area and lot
width requirements for the district in which it is located.
See Article XV, Signs and Billboards, § 535-112.
The casual, temporary, or illegal use of land
or structures, or land and structures in combination, shall not be
sufficient to establish the existence of a nonconforming use or to
create rights in the continuance of such use.
Nothing in this chapter shall be deemed to prevent
normal maintenance or repair of any structure or to prevent restoring
to a safe condition any structure declared to be unsafe.
Any use or structure existing on the effective
date of adoption or amendment of this chapter which is classified
as a special exception in the district in which it is located shall
be deemed to have been granted approval, subject to maintaining the
character and extent of such use or structure existing on that date.
Any extension, enlargement or change in such use or structure shall
require approval according to the terms of this chapter.
