The regulations of this article are intended to provide controls
over nonconforming uses and structures, and to specify those circumstances
and conditions under which those nonconforming structures and uses
may be repaired, restored, continued or discontinued, in accordance
with the authority granted by Wisconsin Statutes. Nonconforming uses
located within the S Shoreland Overlay District shall be regulated
by the applicable provisions of § 62.231, Wis. Stats.
The continued lawful use of a building, premises, structure
or fixture existing lawfully at the time of the adoption or amendment
of this chapter may continue in accordance with the following regulations:
A.
The nonconforming use may not be extended.
B.
The total structural repairs or alterations in such nonconforming
building, premises, structure or fixture shall not during its life
exceed 50% of the assessed value of the building, premises, structure,
or fixture unless permanently changed to a conforming use.
C.
If the nonconforming use is discontinued for a period of 12 months,
any future use of the building, premises, structure, or fixture shall
conform to the requirements of this article.
D.
The nonconforming use shall not be changed to any other use other
than a use permitted in the district in which the building, premises,
structure or fixture is located.
E.
A manufactured home community licensed under § 101.935,
Wis. Stats., that is a legal nonconforming use continues to be a legal
nonconforming use notwithstanding the occurrence of any of the following
activities within the community:
[Added 4-27-2016 by Ord.
No. 3604]
[Amended 4-27-2016 by Ord. No. 3604]
A dwelling or other building that existed lawfully before this
chapter was enacted or amended, but that does not conform to one or
more of the current development regulations of this chapter, may continue,
provided that:
A.
Repair, maintenance, renovation or remodeling of a nonconforming
structure shall be permitted, without limitation based on cost.
B.
Restoration or replacement of a nonconforming structure damaged or
destroyed by violent wind, vandalism, fire, flood, ice, snow, mold,
or infestation shall be permitted, without limitation based on cost,
if the structure will be repaired, improved, restored or replaced
to the size, location, and use that it had immediately before the
damage or destruction occurred.
(1)
The size of a damaged or destroyed nonconforming structure may be
increased to a size larger than the structure was immediately before
the damage or destruction if necessary for the structure to comply
with applicable state or federal requirements.
C.
Additions
and enlargements.
(1)
Except
as otherwise set forth in this article, a nonconforming structure
shall not be added to or enlarged in any manner unless such nonconforming
structure is made to conform to the regulations of the district in
which it is located.
(2)
A
structure designed or intended for a permitted use but is nonconforming
as to lot size, setback, coverage, height, or parking requirements
may be added to or enlarged, provided that any such addition complies
with current development regulations of this chapter.
(3)
An attached or detached garage, and/or storage building or gazebo, may be constructed on a lot which contains a nonconforming dwelling unit as provided in § 720-11C(13) to (16) and (21).
[Amended 5-27-2020 by Ord. No. 3708]
D.
Relocation.
A nonconforming structure may be moved in whole or in part on the
same or any other lot, provided:
(1)
The
relocated structure is designed or intended for a use permitted in
the district in which it is to be located.
(2)
The
relocated structure shall be made to conform to all of the regulations
of the district in which it is to be located.
(3)
The
relocated structure shall be in harmony with the general character
of existing structures within the immediate neighborhood.
Notwithstanding any other provision of this article to the contrary,
no nonconforming advertising sign or identification sign shall be
replaced or restored, if damaged or destroyed by any cause greater
than 50% of the assessed value, except in compliance with the applicable
provisions of this chapter. (See Schedule VIII.)
