The purpose of this article is to provide for the regulation
of nonconforming buildings, structures and uses, and to specify those
circumstances and conditions under which those nonconforming buildings,
structures and uses which adversely affect the maintenance, development,
use or taxable value of other property in the district in which they
are located shall be permitted to continue or shall be discontinued.
This chapter establishes separate districts, each of which is an appropriate
area for the location of the uses which are permitted in that district.
It is necessary and consistent with the establishment of those districts
that those nonconforming buildings, structures and uses which substantially
and adversely affect the orderly development and taxable value of
other property in the district be discontinued or reduced to conformity
as soon as the fair interests of the parties will permit or be permitted
to continue with certain restrictions.
Any nonconforming building, structure or use which existed lawfully
at the time of the adoption of this chapter and which remains nonconforming
and any such building, structure or use which shall become nonconforming
upon the adoption of this chapter, or of any subsequent amendments
thereto, may be continued, some for specified periods of time, subject
to the regulations which follow.
Any lawfully existing building or structure which does not conform
to the regulations of the district in which it is located may be continued,
subject to the following provisions:
A.
Relocation of building or structure. A building or structure may
be moved in whole or in part to any other location on the same or
any other lot only after approval therefor shall have been granted
by the Zoning Board of Appeals and further provided the following:
(1)
That such building or structure is designed or intended for a use
permitted in the district in which it is to be located.
(2)
That such relocated building or structure and its use shall be made
to conform to all of the regulations of the district in which it is
to be located.
(3)
That such relocated building or structure shall be in harmony with
the general character of existing buildings or structures within the
immediate neighborhood.
B.
Repairs and alterations.
(1)
Building or structure designed or intended for a nonconforming use.
Ordinary repairs and alterations may be made to a nonconforming building
or structure, all or substantially all of which is designed or intended
for a use not permitted in the district in which it is located, provided
that no structural alterations shall be made in or to such building
or structure except those required by law or except to make the building
or structure and use thereof conform to the regulations of the district
in which it is located. For the purpose of this subsection, "ordinary
repairs" shall include normal maintenance of a building or structure,
and the replacement of storage tanks where safety of operation of
the installation requires such replacement, and other replacements
of, or substitutions for, machinery or equipment not involving structural
alterations to the buildings or structure, except as hereinabove provided.
(2)
Building or structure designed or intended for a permitted use. Ordinary
repairs and alterations, including structural alterations, may be
made to a nonconforming building or structure which is nonconforming
as to bulk, provided said ordinary repairs and alterations conform
to the regulations of the district in which it is located.
C.
Additions and enlargements.
(1)
Building or structure designed or intended for a nonconforming use.
A nonconforming building or structure, all or substantially all of
which is designed or intended for a use not permitted in the district
in which it is located, shall not be added to or enlarged in any manner
unless such additions and enlargements thereto are made to conform
to all of the regulations of the district in which it is located,
and unless such nonconforming building or structure, including all
additions and enlargements thereto, shall conform to the following:
(2)
Building or structure designed or intended for a permitted use. A
nonconforming building or structure which is nonconforming as to bulk
shall not be added to or enlarged in any manner unless such additions
and enlargements thereto are made to conform to all of the regulations
of the district in which it is located, and unless such nonconforming
building or structure, including all additions and enlargements thereto,
shall conform to the following:
D.
Restoration of damaged building or structure.
(1)
Building or structure designed or intended for a nonconforming use.
A building or structure, all or substantially all of which is designed
or intended for a use which is not permitted in the district in which
it is located, and which is destroyed or damaged by fire or other
casualty or act of God to the extent that the cost of restoration
to the condition in which it was before the occurrence shall exceed
50% of its full market value shall not be restored unless said building
or structure and the use thereof shall conform to all of the regulations
of the district in which it is located. In the event such damage or
destruction is less than 50% of such full market value, repairs or
reconstruction may be made only if such restoration is started within
one year from the date of the partial destruction and is diligently
prosecuted to completion. 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.[1]
(2)
Building or structure designed or intended for a permitted use. A
building or structure, all or substantially all of which is designed
or intended for a use which is permitted in the district in which
it is located, and which is destroyed or damaged by fire or other
casualty or act of God may be restored, except as hereinafter provided.
A nonconforming use shall not be restored or reestablished in such
building or structure which is destroyed or damaged by fire or other
casualty or act of God to the extent that the cost of restoration
to the condition in which it was before the occurrence shall exceed
50% of its full market value.
E.
Expansion of nonconforming use.
(1)
Building or structure designed or intended for a nonconforming use.
The nonconforming use of part of a building or structure, all or substantially
all of which is designed or intended for a use not permitted in the
district in which it is located, shall not be expanded or extended
into any other portion of such building or structure.
(2)
Building or structure designed or intended for a permitted use. The
nonconforming use of part of a building or structure, all or substantially
all of which building or structure is designed or intended for a use
permitted in the district in which it is located, shall not be expanded
or extended into any other portion of such building or structure.
F.
Elimination of nonconforming use. Any use of land, which becomes
a nonconforming use at the effective date of this chapter or which
becomes a nonconforming use at any future date shall be discontinued
and shall cease not more than three years after the effective date
of this chapter or after the date such use becomes a nonconforming
use in each of the following instances:
(1)
Where no buildings or structures are employed in connection with
such nonconforming use.
(2)
Where the only buildings or structures or other physical improvements
employed are accessory or incidental to such nonconforming use.
(3)
Where the improvements which comprise all or substantially all of
the improvements employed with such nonconforming use are underground
or substantially at ground level.
