Lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter and Chapters
546 and
559 of this Code may be continued although the use does not conform with the size, location, lot width, lot area, yard, height, parking, loading, access, setback, and/or other provisions of this chapter and Chapters
546 and
559 of this Code, provided:
A. Only that portion of the land 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.
B. Total lifetime structural repairs or alterations shall not exceed
50% of the Village's 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.
C. 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.
D. For shoreland provisions, shall not limit the repair, reconstruction,
renovation, remodeling, or expansion of a nonconforming structure
or of any environmental control facility related to such structure
in existence on the effective date of the shoreland, wetland, or floodplain
provisions; all other provisions continue to apply.
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of the chapter and Chapters
546 and
559 of this Code (adopted under § 61.351, Wis. Stats.) may be continued although such use does not conform with the provisions of the chapter and Chapters
546 and
559 of this Code; however, such use may not be extended, when or if such a nonconforming use:
A. Is discontinued or terminated for a period of 12 months. Any future use of the structure or land shall conform to the provisions of this chapter and Chapters
546 and
559 of this Code.
B. 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 and Chapters
546 and
559 of this Code.
C. The maintenance and repair of nonconforming boathouses which are
located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Zoning Board of Appeals 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 Zoning Board
of Appeals.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, providing such lot or parcel was of record in the County Register of Deeds office before the effective date or amendment of this chapter and Chapters
546 and
559 of this Code.
A. Such lot or parcel shall be in separate ownership from abutting lands.
B. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter and Chapters
546 and
559 of this Code.
C. If in separate ownership, all the district requirements shall be
complied with insofar as practical but shall not be less than the
following:
(1) Lot:
(b)
Area: minimum 4,600 square feet.
(3) Yards:
(a)
Street: minimum 25 feet; the second street yard on corner lots
shall be not less than 10 feet.
(c)
Side: minimum 16% of the frontage, but not less than five feet
for either side.
D. The front yard setback for a principal single-family or two-family
structure may be the average of the existing front yard setbacks of
the two lots abutting it, but not less than 15 feet.
(1) In the event that either or both of the abutting lots is vacant,
the minimum front yard setback required will be used for the purpose
of calculating the average.
(2) This section shall only apply to property platted prior to January
1, 1993.
In the Industrial District, residential dwellings and their accessory structures may not be erected on any lot or parcel of record after the time of the adoption of this chapter and Chapters
546 and
559 of this Code; no further subdivision for residential purposes is permitted in the Industrial District.