A.
Applicability. If these standards conform with § 59.69(10),
Wis. Stats., for counties, or § 62.23(7)(h), Wis. Stats.,
for cities and villages, they shall apply to all modifications or
additions to any nonconforming use or structure and to the use of
any structure or premises which was lawful before the passage of this
chapter or any amendment thereto.
B.
The existing lawful use of a structure or its accessory
use which is not in conformity with the provisions of this chapter
may continue subject to the following conditions:
(1)
No modifications or additions to a nonconforming use
or structure shall be permitted unless they comply with this chapter.
(a)
The words "modification" and "addition" include,
but are not limited to, any alteration, addition, modification, structural
repair, rebuilding or replacement of any such existing use, structure
or accessory structure or use. Ordinary maintenance repairs are not
considered an extension, modification or addition; these include painting,
decorating, paneling and the replacement of doors, windows and other
nonstructural components and the maintenance, repair or replacement
of existing private sewage or water supply systems or connections
to public utilities. Ordinary maintenance repairs do not include any
costs associated with the repair of a damaged structure.
(b)
The construction of a deck that does not exceed
200 square feet and that is adjacent to the exterior wall of a principal
structure is not an extension, modification or addition. The roof
of the structure may extend over a portion of the deck in order to
provide safe ingress and egress to the principal structure.
(2)
If a nonconforming use or the use of a nonconforming
structure is discontinued for 12 consecutive months, it is no longer
permitted and any future use of the property, and any structure or
building thereon, shall conform to the applicable requirements of
this chapter.
(3)
The municipality shall keep a record which lists all
nonconforming uses and nonconforming structures, their present equalized
assessed value, the cost of all modifications or additions which have
been permitted, and the percentage of the structure's total current
value those modifications represent.
(4)
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 251-16B. The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the fifty-percent provisions of this subsection.
(5)
Destruction or substantial damage.
(a)
Except as provided in Subsection B(5)(b), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value.
(b)
For nonconforming buildings that are damaged
or destroyed by a nonflood disaster, the repair or reconstruction
of any such nonconforming building may be permitted in order to restore
it after the nonflood disaster, provided that the nonconforming building
will meet all of the minimum requirements under applicable FEMA regulations
(44 CFR Part 60), or the regulations promulgated thereunder.
(6)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with § 251-12A, flood resistant materials are used, and construction practices and floodproofing methods that comply with § 251-29 are used.
A.
No modification or addition shall be allowed to any
nonconforming structure or any structure with a nonconforming use
in a floodway area, unless such modification or addition:
(1)
Has been granted a permit or variance which meets
all ordinance requirements;
(3)
Will not increase the obstruction to flood flows or
regional flood height;
(4)
Any addition to the existing structure shall be floodproofed, pursuant to § 251-29, by means other than the use of fill, to the flood protection elevation;
(5)
If any part of the foundation below the flood protection
elevation is enclosed, the following standards shall apply:
(a)
The enclosed area shall be designed by a registered
architect or engineer to allow for the efficient entry and exit of
floodwaters without human intervention. A minimum of two openings
must be provided with a minimum net area of at least one square inch
for every one square foot of the enclosed area. The lowest part of
the opening can be no more than 12 inches above the adjacent grade;
(b)
The parts of the foundation located below the
flood protection elevation must be constructed of flood-resistant
materials;
(c)
Mechanical and utility equipment must be elevated
or floodproofed to or above the flood protection elevation; and
(d)
The use must be limited to parking or limited
storage.
B.
No new on site sewage disposal system, or addition
to an existing on site sewage disposal system, except where an addition
has been ordered by a government agency to correct a hazard to public
health, shall be allowed in a floodway area. Any replacement, repair
or maintenance of an existing on site sewage disposal system in a
floodway area shall meet the applicable requirements of all municipal
ordinances and Ch. Comm 83, Wis. Adm. Code.
C.
No new well or modification to an existing well used
to obtain potable water shall be allowed in a floodway area. Any replacement,
repair or maintenance of an existing well in a floodway area shall
meet the applicable requirements of all municipal ordinances and Chs.
NR 811 and NR 812, Wis. Adm. Code.
A.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in § 251-16, except where § 251-23B is applicable.
B.
Where compliance with the provisions of Subsection A would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in § 251-27, may grant a variance from those provisions of Subsection A for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
(1)
No floor is allowed below the regional flood elevation
for residential or commercial structures;
(2)
Human lives are not endangered;
(3)
Public facilities, such as water or sewer, will not
be installed;
(4)
Flood depths will not exceed two feet;
(5)
Flood velocities will not exceed two feet per second;
and
C.
If neither the provisions of Subsection A nor B above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the flood-fringe, if the addition:
D.
All new private sewage disposal systems, or addition
to, replacement, repair or maintenance of a private sewage disposal
system, shall meet all the applicable provisions of all local ordinances
and Ch. Comm 83, Wis. Adm. Code.
E.
All new wells, or addition to, replacement, repair
or maintenance of a well, shall meet the applicable provisions of
this chapter and Chs. NR 811 and NR 812, Wis. Adm. Code.
