A.
Continuation. Except as otherwise specially provided in this chapter,
the lawful nonconforming use of a structure, land or water existing
at the time of the adoption or amendment of this chapter may be continued
although the use does not conform to the provisions of this chapter;
provided, however, that:
(1)
Only that portion of the land or water 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.
(2)
The total lifetime structural repairs or alterations shall not exceed
50% of the assessed value of the structure at the time of its becoming
a nonconforming use unless it is permanently changed to conform to
the use provisions of this chapter.
(3)
Substitution of new equipment may be permitted by the Village Board
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring use.
B.
Abolishment or replacement of existing nonconforming use. If such
nonconforming use is discontinued or terminated for a period of 12
months, any future use of the structure, land or water shall conform
to the provisions of this chapter. When a nonconforming use or structure
is damaged by fire, explosion, flood, the public enemy or other calamity
to the extent of more than 50% of its current assessed value, it shall
not be restored except so as to comply with the use provisions of
this chapter. From the date of adoption of this chapter, a current
file of all nonconforming uses shall be maintained by the Zoning Administrator,
listing the following:
A.
A 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 to 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.
B.
Pursuant
to § 62.23(7)(hc), Wis. Stats., and notwithstanding any
other provision of this chapter, 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]
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Village Board 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 Village Board.
In any residential district, structures may be erected on any
legal lot of record prior to the original effective date of this chapter,
provided that the area, the width and the depth of such existing lot
shall be no less than 75% of the required minimums set forth in this
chapter. No lot, yard, parking area, building area or other space
shall be reduced in area or dimension so as not to meet the provisions
of this chapter.
