A.
Continuation. 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 with the provisions
of this chapter; provided, however:
(1)
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.
(2)
The total lifetime structural repairs or alterations shall not exceed
50% of the assessed value of the structure at the time of its becoming
a nonconforming use unless it is permanently changed to conform to
the use provisions of this chapter.
(3)
Substitution of new equipment may be permitted by the Village Board
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses.
B.
Abolishment or replacement of existing nonconforming use. If such
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 or structure
is damaged by fire, explosion, flood, the public enemy or other calamity
to the extent of more than 50% of its current assessed value, it shall
not be restored except so as to comply with the use provisions of
this chapter. From the date of adoption of this chapter a current
file of all nonconforming uses shall be maintained by the Clerk-Treasurer,
listing the following:
C.
Pursuant
to § 62.23(7)(hc), Wis. Stats., a nonconforming structure
damaged or destroyed by violent wind, vandalism, fire, flood, ice,
snow, mold or infestation after March 2, 2006, may be restored to
the size, location, and use that it had immediately before the damage
or destruction occurred, and no limits may be imposed on the costs
of the repair, reconstruction or improvement of said structure. The
size of the restored structure may be larger than the size it was
immediately before the damage or destruction if necessary for the
structure to comply with applicable state or federal requirements.
[Added 6-11-2013 by Ord.
No. 13-1]
[Amended 6-11-2024 by Ord. No. 24-03]
Any lawful nonconforming structures existing at the time of
the adoption or amendment of this chapter may be continued, although
its size or location does not conform with 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.
A.
Purpose.
Within the Zoning Districts established by this chapter, there may
exist uses, buildings, structures and lots that do not conform to
the applicable provisions of this chapter, the purpose of this section
is to specify those circumstances and conditions under which these
nonconforming uses, buildings, structures, and lots may be allowed
to continue.
B.
Continuance
of nonconforming principal or accessory buildings or structures. A
nonconforming principal or accessory building or structure existing
on the effective date of this chapter or subsequent amendments to
this chapter may continue to exist. However, said nonconforming principal
or accessory building or structure shall be subject to the following
requirements:
(1)
Principal
building or structure alterations. Alterations within the existing
footprint of a nonconforming principal building or structure may be
allowed provided that the alteration does not increase the degree
of the existing nonconformity(ies) of the nonconforming principal
building or structure.
(2)
Principal
building or structure additions or expansions. Additions or expansions
made to nonconforming principal buildings may be permissible in the
front, side and rear yards provided all of the following requirements
of this subsection are complied with:
(a)
Side yard setback. The addition or expansion shall not encroach into
the required principal building or structure side yard setback and
required and/or structure separation setback of the applicable zoning
district in which it is located, unless otherwise stated in this chapter;
(b)
Front and rear yard setback. The addition or expansion shall not
further encroach beyond the existing nonconforming front or rear yard
setbacks of the existing nonconforming principal or structure, unless
otherwise stated in this chapter;
(c)
Other requirements. The addition or expansion shall conform with
all other requirements of the applicable zoning district in which
it is located and all other applicable provisions of this chapter,
unless otherwise stated in 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 Village Board 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 Village Board.
In any residential district, structures may be erected on any legal lot of record prior to the effective date of this Code, provided that the area, the width and the depth of such existing lot shall be no less than 80% of the required minimum set forth in Article IV, District Regulations, of this chapter.
