Any use of land or structures, or any lot or structure which
lawfully existed at the effective date of adoption or amendment of
this chapter which would not be permitted or permissible by the provisions
of this chapter as adopted or amended, shall be deemed nonconforming.
It is the intent of this chapter to permit such nonconformities to
continue, subject to certain restrictions.
Where at the effective date of adoption or amendment of this
chapter a use of land exists which would not be permitted or permissible
in the district in which it is located, and where such use involves
a structure or structures with a fair market value of less than $10,000,
such use may be continued, subject to the following restrictions:
A.
Such use shall not be enlarged, increased, nor extended to occupy
a greater area of the lot than was occupied at the effective date
of adoption or amendment of this chapter.
B.
Such use shall not be moved in whole or part to any other portion
of the lot other than the portion occupied by such use at the effective
date of adoption or amendment of this chapter.
C.
When such use is discontinued or abandoned for a period of more than
twelve consecutive months for any reason whatever, or when such use
is replaced by a permitted or permissible use, a nonconforming use
shall not thereafter be resumed.
D.
No additional structure in connection with such use shall be erected.
Where at the effective date of adoption or amendment of this
chapter the use of a structure exists which would not be permitted
or permissible in the district in which it is located, and where such
use involves a structure with a fair market value exceeding $10,000,
such use may be continued, subject to the following restrictions:
A.
No existing structure devoted to a use not permitted or permissible
shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to
a use permitted or permissible in the district in which it is located.
B.
Any nonconforming use may be extended throughout any parts of a building
that were manifestly arranged or designed for such use at the effective
date of adoption or amendment of this chapter. Any nonconforming use
that occupied a portion of a building not originally designed or intended
for such use shall not be extended to any other part of the building.
No nonconforming use shall be extended to occupy any land outside
the building, nor any other building not used for such nonconforming
use.
C.
There may be a change in tenancy, ownership, or management of a nonconforming
use, provided there is no change in the nature or character of such
nonconforming use.
D.
When such use of a structure is discontinued or abandoned for a period
of more than twelve consecutive months for any reason whatever, or
when such use is replaced by a permitted or permissible use, a nonconforming
use shall not thereafter be resumed.
[Amended 6-2008]
Where at the effective date of adoption or amendment of this
chapter a structure exists which could not be erected in the district
in which it is located by reason of restriction on area or coverage,
height, yards, its location on the lot or other non-design requirements
concerning the structure, such structure may continue in existence,
subject to the following restrictions:
A.
Such structure shall not be altered in any manner that would increase
the degree of nonconformity. The total structural repairs or alterations
in such nonconforming structure shall not during its life exceed 50%
of the fair market value of the structure, except as provided in § 60.61(5m),
Wis. Stats.[1]
B.
If such structure is destroyed or damaged to an extent of less than
50% of its replacement cost at the time of destruction, it may be
reconstructed, provided reconstruction shall substantially reflect
the prior structural arrangement and shall not increase the degree
of nonconformity. If such structure is destroyed or damaged to an
extent of more than 50% of its fair market value at the time of destruction,
it shall not be reconstructed except in conformity with the provisions
of the district in which it is located.
C.
When a structure becomes a nonconforming use as to setback from a
highway because the highway was widened or relocated, such structure
shall not be considered a nonconforming use under this section. However,
no such structure shall thereafter be added to or rebuilt in such
a manner that it will be closer to the right-of-way of the highway.
If characteristics of use such as lighting, parking, noise or
other matters pertaining to the use of land, structures and premises
are made nonconforming by the provisions of this chapter as adopted
or amended, no change shall thereafter be made in such characteristics
of use which increases the nonconformity; provided, however, that
changes may be made which do not increase, or which decrease, such
nonconformity.
A.
Nonconforming design of structures. If characteristics of the design
of a structure such as walls, roofs, equipment, entrances, facades
or building materials are made nonconforming by the provisions of
this chapter as adopted or amended, the structure may be altered or
enlarged; provided, however, that to the maximum extent practicable,
the alteration or enlargement complies with such requirements and
does not increase the nonconformity.
[Amended 6-2008]
In any district, any permitted or permissible structure may
be erected on a single lot of record at the effective date of adoption
or amendment of this chapter. This provision shall apply even though
such lot fails to meet the requirements of lot area, lot width, or
both for the district in which it is located, and provided all other
requirements for the district are met.
No nonconforming sign shall be altered in any manner that would
increase the degree of nonconformity. If such sign is destroyed or
damaged to an extent of more than 50% of its replacement cost at the
time of destruction, such sign shall be replaced as a conforming sign.
If a nonconforming sign is destroyed or damaged to an extent of less
than 50% of its replacement cost at the time of destruction, it may
be reconstructed, provided any reconstruction does not increase the
degree of nonconformity that previously existed, except as provided
in § 60.61(5m), Wis. Stats.
The casual, temporary, or illegal use of land or structures,
or land structures in combination, shall not be sufficient to establish
the existence of a nonconforming use or to create rights in the continuance
of such use.
Nothing in this chapter shall be deemed to prevent normal maintenance
or repair of any structure or to prevent restoring to a safe condition
any structures declared to be unsafe.
Any use or structure existing on the effective date of adoption
or amendment of this chapter which is classified as a special exception
in the district in which it is located shall be deemed to have been
granted approval, subject to maintaining the character and extent
of such use or structure existing on that date. Any extension, enlargement
or change in such use or structure shall require approval according
to the terms of this chapter.
