The existing lawful use of a building or premises at the time
of the enactment of this chapter or any amendment applicable thereto
which is not in conformity with the provisions established by this
chapter may be continued in the manner and for the purpose then existent
subject to the conditions hereinafter stated.
For the purpose of administration such nonconformity shall be
classified and regulated as follows:
A.
Nonconforming uses.
(1)
No such use shall be expanded or enlarged.
(2)
Where the structure in which such use is carried on is damaged to
the extent of more than 50% of its current assessed value, it shall
not be restored for use except in conformity with the regulations
of the district in which it is located.
(3)
Structure repairs and alterations to a structure housing such use
shall not, as long as such use continues, exceed 50% of the assessed
value of the structure at the time the use became nonconforming.
(4)
Upon petition to and approval of the Plan Commission, such use may
be changed to another use provided that the Plan Commission determines
that the new use would result in a greater or no less degree of conformity
and provided further that such new use shall thereafter determine
the degree of legal nonconformity.
(5)
Where any such use is discontinued for a period of 12 consecutive
or for 18 accumulative months during any three-year period, any future
use of the structure shall conform to the regulations of the district
in which it is located.
B.
Nonconforming structures.
[Amended 4-18-2013 by Ord. No. 1371[1]]
(1)
No such structure shall be expanded or enlarged except in conformity
with the regulations of the district in which it is located, unless
said expansions or enlargements do not get any closer than their existing
distance to any lot line and shall not exceed 50% of the assessed
value.
(2)
In this subsection, pursuant to § 62.23(7)(hb), Wis. Stats.,
as to repair and maintenance of certain nonconforming structures:
(a)
"Development regulations" means the part of this chapter that
applies to elements including setback, height, lot coverage and side
yard.
(b)
"Nonconforming structure" means a dwelling or other building
that existed lawfully before the current Zoning Ordinance was enacted
or amended but that does not conform with one or more of the development
regulations in the current Zoning Ordinance.
(3)
This subsection does not prohibit, or limit based on cost, the repair,
maintenance, renovation or remodeling of a nonconforming structure.
C.
Nonconforming parcels. Where a lot has less land area or width than
required for the district in which it is located and was of record
at the time of the passage of this chapter, such lot may be used for
any purpose permitted in such district. The open space requirements
in the case of such lot may be reduced without appeal provided the
open space area is equal to at least 75% of the actual lot area or
within the underlying zoning district requirements.
[Amended 2-4-2010 by Ord. No. 1311]
D.
Nonconforming signs. The existing lawful use of a sign at the time
of enactment of this chapter or any amendment thereto may be considered
as a legal nonconforming structure or use, and regulations of this
section relating to its elimination shall apply. Disrepaired and/or
dangerous signs shall be removed. Exceptions to this subsection are
as follows:
E.
Restoration of nonconforming structures. Per § 62.23(7)(hc),
Wis. Stats., any nonconforming structure that is damaged or destroyed
and meets all of the following criteria can be restored to its same
size, location, and use that it had immediately before the damage
or destruction occurred:
[Added 8-19-2010 by Ord. No. 1326]
