A.
When continuation permitted. The lawful nonconforming use of a building, structure, land or water existing on the effective date of this chapter or any amendment to this chapter may be continued although the use does not conform with the provisions of this chapter, provided that:
(1)
Only the use of that portion of the land or water in actual use may be so continued, and the building or structure shall not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required by law or order so as to comply with the provisions of this chapter.
(2)
The total lifetime structural repairs or alterations to buildings and structures devoted to nonconforming uses shall not exceed 50% of the replacement cost or acceptable substitute indicator of market value, determined at the time the building or structure was listed as a legal nonconforming use under Subsection C, unless the building or structure is permanently changed to a conforming use.
(3)
Substitution of new equipment may be permitted by the Board of Zoning Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
B.
Discontinuation required.
(1)
If such nonconforming use is discontinued or terminated for 12 consecutive months, any future use of the building, structure, land or water shall conform to the provisions of this chapter.
(2)
When a nonconforming use, building or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its market value, it shall not be restored except in compliance with the use provisions of this chapter.
C.
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]
D.
Records. As existing nonconforming uses are observed, the Zoning Administrator shall establish and maintain a file of nonconforming uses, listing the following: