[Amended 10-20-2020 by Ord. No. 20-24]
Insofar as the standards in this article conform with § 87.30,
Wis. Stats., and Ch. NR 116.15, Wis. Adm. Code, and 44 CFR 59-72,
they shall apply to all nonconforming uses and nonconforming structures.
These regulations apply to the modification of, or addition to, any
structure and to the use of any structure or premises which was lawful
before the passage of this chapter or any amendment thereto.
The lawful use of a building, structure or property which existed
at the time this chapter or an applicable amendment to this chapter
took effect and which is not in conformity with the provisions of
this chapter, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions:
A.
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, any future use of the building,
structure or property shall conform to the appropriate provisions
of this chapter.
B.
Any legal nonconforming use of property which does not involve the
use of a structure and which existed at the time of the adoption or
subsequent amendment of this chapter may be continued although such
use does not conform to the provisions of this chapter. However, such
nonconforming use may not be extended or increased.
C.
The maintenance and repair of nonconforming boathouses which are
located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
D.
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
Nonconforming structures and uses regulated under the wetland
provisions of this chapter are subject to all provisions of this chapter,
except as otherwise stipulated in § 62.23(7)(h), Wis. Stats.
A.
No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this chapter. The words
"modification" and "addition" include, but are not limited to, any
alteration, addition, modification, structural repair, rebuilding
or replacement of any such existing use, structure or accessory structure
or use. Maintenance is not considered a modification; this includes
painting, decorating, paneling and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Any costs
associated with the repair of a damaged structure are not considered
maintenance. The construction of a deck that does not exceed 200 square
feet and that is adjacent to the exterior wall of a principal structure
is not an extension, modification or addition. The roof of the structure
may extend over a portion of the deck in order to provide safe ingress
and egress to the principal structure.
B.
The municipality shall keep a record which lists all nonconforming
uses and nonconforming structures, their present equalized assessed
value, the cost of all modifications or additions which have been
permitted, and the percentage of the structure's total current value
those modifications represent.
C.
No modification or addition to any nonconforming structure or any structure with a nonconforming use which over the life of the structure would equal or exceed 50% of its present equalized assessed value shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter, and contiguous dry land access is provided in compliance with § 532-18C(1). The costs of elevating a nonconforming structure or a structure with a nonconforming use to the flood protection elevation are excluded from the fifty-percent provision in this subsection.
D.
No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 532-18C(1).
E.
If on a per-event basis the total value of the work being done under Subsections C and D equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 532-18C(1).
F.
Except as provided in Subsection G below, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value.
G.
For nonconforming buildings that are damaged or destroyed by a nonflood
disaster, the repair or reconstruction of any such nonconforming building
may be permitted in order to restore it after the nonflood disaster,
provided that the nonconforming building will meet all of the minimum
requirements under applicable FEMA regulations (44 CFR Part 60) or
the regulations promulgated thereunder.
(1)
Residential structures:
(a)
Shall have the lowest floor, including basement, elevated to or above the base flood elevation, using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 532-42C.
(b)
Shall be anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, and shall be constructed
with methods and materials resistant to flood damage.
(c)
Shall be constructed with electrical, heating, ventilation,
plumbing and air-conditioning equipment and other service facilities
that are designed and/or elevated so as to prevent water from entering
or accumulating within the components during conditions of flooding.
(d)
In A Zones, shall obtain, review and utilize any flood data
available from a federal, state or other source.
(e)
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 532-20C.
(f)
In AO Zones, shall have adequate drainage paths around structures
on slopes to guide floodwaters around and away from the structure.
H.
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure; the alteration will comply with § 532-17C; flood-resistant materials are used; and construction practices and floodproofing methods that comply with § 532-42 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection G if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
I.
As requests are received for structural modifications or additions
to nonconforming uses or nonconforming structures in the floodplain,
a record shall be kept which lists the nonconforming uses and nonconforming
structures, their present equalized assessed value, the cost of those
additions or modifications which have been permitted, and the percentage
of the structure's total current value those modifications represent.
J.
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, it is no longer permitted,
and any future use of the property, and any structure or building
thereon, shall conform to the applicable requirements of this ordinance.
[Added 5-2-2017 by Ord.
No. 17-11]
A.
Modification or addition.
(1)
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in a floodway
area, unless such modification or addition:
(3)
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
(a)
The enclosed area shall be designed by a registered architect
or engineer to allow for the efficient entry and exit of floodwaters
without human intervention. A minimum of two openings must be provided
with a minimum net area of at least one square inch for every one
square foot of the enclosed area. The lowest part of the opening can
be no more than 12 inches above the adjacent grade;
(b)
The parts of the foundation located below the flood protection
elevation must be constructed of flood-resistant materials;
(c)
Mechanical and utility equipment must be elevated or floodproofed
to or above the flood protection elevation; and
(d)
The use must be limited to parking or limited storage.
B.
No new on-site sewage disposal system or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet all applicable requirements of this chapter, § 532-42B, and Ch. SPS 383, Wis. Adm. Code.
[Amended 10-20-2020 by Ord. No. 20-24]
C.
No new well or modification to an existing well, used to obtain water for ultimate human consumption, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet all applicable requirements of this chapter, § 532-42B, and Chs. NR 811 and NR 812, Wis. Adm. Code.
[Amended 10-20-2020 by Ord. No. 20-24]
A.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the flood-fringe area unless such modification or addition has been granted a permit or variance and, except where Subsection B below is applicable, the modification or addition is placed on fill or is floodproofed to the flood protection elevation in compliance with the applicable regulations for that particular use in a flood-fringe area in § 532-18.
B.
Where compliance with the provisions of Subsection A above would result in unnecessary hardship, and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Zoning Board of Appeals, using the procedures established in §§ 532-7 and 532-8, may grant a variance from those provisions for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted, provided:
(1)
No floor is below regional flood for residential and commercial structures;
(2)
Human lives are not endangered;
(3)
Public facilities, such as water and sewer, are not to be installed;
(4)
Flood depths will not exceed two feet;
(5)
Flood velocities will not exceed two feet per second; and
(6)
The structure will not be used for storage of materials that are buoyant, flammable, explosive or injurious to human, animal, plant, fish or other aquatic life as described in § 532-18C(5).
[Amended 10-20-2020 by Ord. No. 20-24]
C.
All new on-site sewage disposal systems or addition to, replacement, repair or maintenance of an on-site sewage disposal system in a flood-fringe area shall meet all the applicable provisions of all local ordinances, § 532-42B, and Ch. SPS 383, Wis. Adm. Code.
[Amended 10-20-2020 by Ord. No. 20-24]
No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in § 532-21D are met.
