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 with 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 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 all other regulations governing the new
use are complied with.
C.
Substitution of new equipment may be permitted by the Board of Zoning
Appeals if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses. Normal maintenance is permitted. Any
extension or enlargement of a nonconforming structure is subject to
review and approval of the Plan Commission. This provision shall not
be interpreted to disallow the extension or enlargement of a structure
in respect to those dimensions that are in conformance with this chapter
so long as additional nonconformities are not created thereby.
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.
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.[1]
[Amended 4-11-2006 by Ord. No. 2006-11]
The 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 with the lot width, lot area, yard,
height, parking and loading, and access provisions of this chapter.
Normal maintenance is permitted. Any extension or enlargement of a
nonconforming structure is subject to review and approval of the City
Plan Commission. This provision shall not be interpreted to disallow
the extension or enlargement of a structure in respect to those dimensions
that are in conformance with this chapter so long as additional nonconformities
are not created thereby.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Board of Zoning 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 Board of
Zoning Appeals.
