A.
Continuation. Except as otherwise specially provided in this chapter,
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 to the provisions of this chapter;
provided, however, that:
(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 Plan Commission
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring use.
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. Unless restoration is permitted
under § 62.23(7)(hc), Wis. Stats., 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 known nonconforming uses shall be maintained
by the Village Clerk-Treasurer, listing the following:[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 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.
A lot which does not contain sufficient area to conform to the
dimensional requirements of this chapter may be used as a building
site for a single-family dwelling upon issuance of a building permit,
subject to the following conditions:
A.
Such use is permitted in the zoning district.
B.
The lot is on record in the County Register of Deeds office prior
to the effective date of this chapter.
C.
The lot is in separate ownership from abutting lands. If abutting
lands and the substandard lot are owned by the same owner, the substandard
lot shall not be sold or used without full compliance with the terms
of this chapter.
D.
The sanitary provisions of the County Sanitary Ordinance shall apply
to those lots not served by public sewer.
