In addition to the definitions contained in §
595-126 of this chapter, the following definitions shall be applicable in this article; in the event of conflict, the more specific definition shall be applicable:
ASSESSED VALUE (LOT)
The full market value placed upon the lot by the Village
Assessor as of the date that the nonconformity came into being. Such
valuation by the Assessor shall be prima facie evidence of an assessed
value of the lot.
Nonconforming lots of record owned by the same individual or
other legal entity shall be combined prior to the issuance of a zoning
permit.
Pursuant to § 62.23(7)(h), Wis. Stats., a nonconforming
use may not be extended. The total structural repairs and alterations
in such a nonconforming use's building, premises, structure or fixtures
shall not during its life exceed 50% of the assessed value of the
building, premises, structure, or fixtures unless permanently changed
to a conforming use. The nonconforming use of a structure, land, or
water existing on the date that the nonconformity came into being
may be continued although the use does not conform to the provisions
of this chapter, except that:
A. Change to more restrictive use category. The nonconforming use of
a structure may be changed to a use of the same or more restricted
classification, but where the nonconforming use of a structure is
hereafter changed to a use of a more restrictive classification, it
shall not thereafter be changed to a use of a less restricted classification.
B. Discontinuation of nonconforming use. If a nonconforming use is discontinued
or terminated for period of 12 months, any future use of the structure,
land or water shall conform to the provisions of this chapter.
C. Maintenance of nonconforming use parcels. Parcels containing a nonconforming
use of land or water may be maintained or repaired, including grading,
paving, and surfacing, or the repair and replacement of bumper or
wheel stops, fences, screening and drainageways, provided that the
amount of land, water or storage (i.e., vehicles, equipment and/or
materials) devoted to such nonconforming use as it existed prior to
the date that the nonconformity came into being is not extended, enlarged
or moved.
Once a nonconforming use or structure has been changed or altered so as to comply with the pertinent district provisions of this chapter, it shall not revert back to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more or equally restrictive nonconforming use for an existing nonconforming use pursuant to the provisions of Article
XV, the existing use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Zoning Board of Appeals and pertinent zoning district. Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
The use of any lot or parcel failing to comply with the performance
standards set forth in this chapter at the time of the adoption of
this chapter shall not be expanded unless the expansion conforms to
the performance standards set forth in this chapter.