A.
The lawful nonconforming use of a structure or land,
including but not limited to fences, parking and zoning setbacks,
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, only that portion of the land 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.
If no structural alterations are made, a nonconforming
use of a building may be changed to any use permitted in the same
use district as that in which the use existing is permitted according
to the provisions of this chapter, provided that when a use district
is changed, any existing nonconforming use in such changed district
may be continued or changed to a use permitted in the same use district
as that in which the existing use is permitted, provided that all
other regulations governing the new use are complied with.
C.
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.
A.
Termination. If such nonconforming use is discontinued
or terminated for a period of 12 months, any future use of the structure
or land shall conform to the provisions of this chapter.
B.
Building destroyed by fire or other calamity. Where
a building located in a district restricted against its use has been
destroyed by fire or other calamity to the extent of not more than
50% of its fair market value, the same may be rebuilt, but where such
a building is destroyed to the extent of more than 50% of its fair
market value, a permit may be granted for its reconstruction within
12 months from the date of such fire or other calamity, except that
any public utility shall be permitted to rebuild, alter or enlarge
in any commercial or industrial district as the interest of the public
demands. 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
§ 62.23(7)(hc), Wis. Stats.[1]
A lawful nonconforming structure existing at
the time of the adoption or amendment of this chapter may be continued
although its size or location does not conform to the lot width, lot
area, yard, height, parking and loading, and access provisions of
this chapter. However, it shall not be extended, enlarged, reconstructed,
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.
Once a nonconforming use or structure has been
changed to conform, it shall not revert back to a nonconforming use
or structure. Once the Zoning Board of 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 Zoning
Board of Appeals.
