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.
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.
Building destroyed by fire. Where a building located in a district
restricted against its use has been destroyed by fire or other calamity
to the extent of not more than 50% of its fair market value, the same
may be rebuilt; but where such a building is destroyed to the extent
of more than 50% of its fair market value, a permit may be granted
for its reconstruction within 12 months from the date of such fire
or other calamity. A nonconforming structure damaged or destroyed
by violent wind, vandalism, fire, flood, ice, snow, mold or infestation
after March 2, 2006, may be restored in accordance with the provisions
of § 62.23(7)(hc), Wis. Stats.
[Amended 1-4-2016 by Ord.
No. 1-2016]
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.
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 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.
A setback less than the setback required for the appropriate
class of highway may be permitted where there are at least five existing
main buildings within 500 feet of the proposed site that are built
to less than the required setback. In such cases, the setback shall
be the average of the nearest main building on each side of the proposed
site or, if there is no building on one side, the average of the setback
for the main building on one side and the required setback. Structures
are permitted in any district but not until their principal structure
is present or under construction.