The lawful nonconforming use of land or water,
or a lawful nonconforming use in a conforming or nonconforming structure,
or a lawful nonconforming use on a conforming or nonconforming lot
which existed 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.Â
Only that portion of the land or water in actual use
may be so continued, and the use may not be extended, enlarged, substituted,
or moved, 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.Â
Total lifetime structural repairs or alterations to
a structure with a nonconforming use shall not exceed 50% of the municipality's
equalized assessed value of the structure unless it is permanently
changed to conform to the use provisions of this chapter.
C.Â
Substitution of new equipment may be permitted by
the Zoning Board of Appeals if such equipment will reduce the incompatibility
of the nonconforming use with the neighboring uses.
D.Â
Discontinuance. If such nonconforming use is discontinued
or terminated for a period of 12 consecutive months, any future use
of the structure, land, or water shall conform to the provisions of
this chapter.
E.Â
Abolishment or destruction. When a nonconforming use
or a structure with a nonconforming use is damaged by fire, explosion,
flood, the public enemy, or other calamity to the extent of more than
50% of its current equalized assessed value, it shall not be restored
except so as to comply with the use provisions of this chapter.
The conforming use of a conforming structure
existing at the time of the adoption or amendment of this chapter
may be continued although the lot area or lot width does not conform
to the requirements of this chapter.
A.Â
Additions and enlargements to such 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.
B.Â
Existing conforming structures on nonconforming lots
which are damaged or destroyed by fire, explosion, flood, or other
calamity may be reconstructed, provided that they conform to the established
building setback lines along streets and the yard, height, parking,
loading, and access provisions of this chapter.
The conforming use of a 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, and/or access provisions of this
chapter.
A.Â
Total lifetime repairs or alterations to a nonconforming structure shall not exceed 50% of the municipality's equalized assessed value of the structure at the time it became a nonconforming structure unless Subsection C applies or it is permanently changed to conform to the provisions of this chapter. Figure No. 1[1] describes the method by which the Building Inspector shall
determine when modifications to nonconforming structures are equal
to 50%. Ordinary maintenance repairs are not considered structural
repairs, modifications, or additions. Some examples of ordinary maintenance
repairs include painting, calking, and decorating and the repair or
replacement of doors, windows, utilities, and sewage and water supply
systems.
[1]
Editor's Note: Figure No. 1 is included at
the end of this chapter.
B.Â
Additions and enlargements to existing nonconforming
structures with a conforming use are permitted if they conform to
the established building setback lines along streets and the yard,
height, parking, loading, and access provisions of this chapter.
C.Â
Existing nonconforming structures with a conforming
use which are damaged or destroyed by fire, explosion, flood, or other
calamity shall, when reconstructed, conform to the established building
setback lines along streets and the yard, height, parking, loading,
and access provisions of this chapter. If a nonconforming structure
with a conforming use was damaged or destroyed after March 1, 2006,
by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation,
such structure may be restored to the size, location, and use that
it had immediately before the damage or destruction occurred in accordance
with § 62.23(7)(hc), Wis. Stats. In addition, no limits
may be imposed on the costs of the repair, reconstruction, or improvement
of said structure.
D.Â
Existing nonconforming structures may be moved and
shall conform to all zoning regulations applicable to the location
to which they are moved.
Once a nonconforming use or structure has been
changed to conform, it shall not revert back to a nonconforming use
or structure. The Zoning Board of Appeals may permit, after a Plan
Commission review and recommendation, the substitution of a more restrictive
nonconforming use for an existing nonconforming use. Once the Zoning
Board of Appeals permits the substitution of a more restrictive legal
nonconforming use, the existing use shall lose its status as a legal
nonconforming use and cannot revert back to its original use. The
substituted use shall become subject to all the conditions required
by the Zoning Board of Appeals.
A.Â
A lot located in a residential district which does
not contain sufficient area to conform to the dimensional requirements
of this chapter but which is at least 100 feet wide and 30,000 square
feet in area may be used as a single-family building site, provided
that the use is permitted in the applicable basic use and any overlay
zoning district and provided that the lot is of record in the County
Register of Deeds' office prior to the effective date of this chapter.
B.Â
A lot located in nonresidential district which does
not contain sufficient area to conform to the dimensional requirements
of this chapter may be used as a building site, provided that the
use is permitted in the applicable basic use and any overlay zoning
district and provided that the lot is of record in the County Register
of Deeds' office prior to the effective date of this chapter.
C.Â
Nonconforming lots granted permits under this chapter
shall be required to meet the setback and other yard requirements
of this chapter. A building permit for the improvement of a lot with
lesser dimensions and requisites than those stated above shall be
issued only after a variance is granted by the Zoning Board of Appeals.
D.Â
If two or more substandard lots abut each other with
continuous frontage and the same ownership(s) as of the effective
date of this chapter, the lots involved shall be combined prior to
issuance of a building permit and shall be considered an individual
parcel for the purpose of this chapter.
Notwithstanding § 62.23(7)(h) and
(hc), Wis. Stats., the repair, reconstruction, renovation, remodeling,
or expansion of a legal nonconforming structure, or any environmental
control facility related to a legal nonconforming structure, located
in a shoreland C-1 Conservancy District and in existence at the time
of adoption or subsequent amendment of this chapter is permitted,
pursuant to § 61.351(5) and (5m), Wis. Stats.