The lawful use of a structure, land, or water, existing at the
time of adoption of or amendment to this chapter, may be continued
although the use does not conform to the provisions of this chapter;
however:
A. Only that portion of the land, structure, or water in actual use
may be continued. The use may not be extended, enlarged or substituted
except as required by law or order so as to comply with the provisions
of this chapter.
B. Substitution of new equipment may be permitted by the Board of Adjustment
if such equipment will reduce the incompatibility of the nonconforming
use.
C. If the 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.
A structure, existing at the time of adoption of or amendment
to this chapter, may be continued although its size or location does
not conform to yard, height, parking, loading, or access provisions
of this chapter; however:
A. It shall not be extended, enlarged, reconstructed, moved or structurally
altered except when allowed or required by law or order to comply
with the provisions of this chapter.
B. A nonconforming structure damaged by fire, explosion, flood, the
public enemy, or other calamity to the extent of 50% or more of its
equalized value shall not be restored except to comply with the provisions
of this chapter. Pursuant to § 59.69(10m), 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.
C. Residential structures which encroach upon required yards may be
structurally altered, provided they will not create a greater degree
of encroachment.
Once a nonconforming use, lot, or structure has been changed
to conform, it shall not revert to a nonconforming use, lot, or structure.
Once the Board of Adjustment has permitted the substitution of a more
restrictive nonconforming use for an existing nonconforming use, the
previous use shall lose its status as a legal nonconforming use.