A. 
Applicability. Insofar as the standards in this article are not inconsistent with the provisions of § 62.23(7)(h), Wis. Stats., they shall apply to all nonconforming uses and nonconforming structures. These regulations apply to the modification of, or addition to, any structure and to the use of any structure or premises which was lawful before the passage of this chapter or any amendment thereto.
B. 
The existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this chapter may continue subject to the following conditions:
(1) 
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable provisions of this chapter.
(2) 
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 this chapter adopted under §§ 62.231 or 61.351, Wis. Stats., may be continued although such use does not conform with the provisions of the article. However, such nonconforming use may not be extended or increased.
(3) 
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.
(4) 
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
Notwithstanding § 62.23(7)(h), Wis. Stats., the repair, reconstruction, renovating, remodeling or expansion of a legal nonconforming structure, or any environmental control facility related to a legal nonconforming structure, in existence at the time of adoption or subsequent amendment of this chapter adopted under § 61.351, Wis. Stats., is permitted under § 61.351(5), Wis. Stats.
A. 
No modifications or additions to a nonconforming use or a nonconforming structure shall be permitted unless they are made in conformity with the provisions of this chapter for the area of the floodplain occupied. The words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered modifications or additions; these include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components; and the maintenance, repair or replacement of existing private sewage or water supply systems, or connections to public utilities.
B. 
No modification or addition to any nonconforming structure or any structure with a nonconforming use which over the life of the structure would exceed 50% of its present equalized assessed value shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter and contiguous dry-land access is provided in compliance with § 152-19C(1).
C. 
As requests are received for modifications or additions to nonconforming uses or nonconforming structures in the floodplain, a record shall be kept which lists the nonconforming uses and nonconforming structures, their present equalized assessed value, and the cost of those additions or modifications which have been permitted and the percentage of the structure's total current value those modifications represent.
D. 
If any nonconforming structure or any structure with a nonconforming use is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the requirements of this chapter. For the purpose of this subsection, restoration is deemed impractical where the total cost of such restoration would exceed 50% of the present equalized assessed value of the structure.
E. 
Pursuant to § 61.351(5m), 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, or replaced at, 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 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:
(1) 
Has been granted a permit or variance; and
(2) 
Meets criteria of § 152-23; and
(3) 
Will not increase the obstruction to flood flows or regional flood height; and
(4) 
Any addition to an existing structure shall be floodproofed, pursuant to § 152-17G, by means other than the use of fill, to the flood protection elevation;
B. 
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
C. 
No new well or modification to an existing well used to obtain water for ultimate human consumption shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of this chapter and Chs. NR 811 and NR 812, Wis. Adm. Code.
A. 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the floodfringe area unless such modification or addition has been granted a permit or variance and, except where Subsection B below is applicable, the modification or addition is placed on fill or is floodproofed to the flood protection elevation in compliance with the applicable regulations for that particular use in § 152-19.
B. 
Where compliance with the provisions of Subsection A above would result in unnecessary hardship, and only where the structure will not be used for human habitation or be associated with a high flood-damage potential, the Board of Appeals, using the procedures established in §§ 152-32 and 152-33, may grant a variance from those provisions, for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted, provided:
(1) 
No floor is below regional flood elevation for residential or commercial structures;
(2) 
Human lives are not endangered;
(3) 
Public facilities, such as water or sewer, will not be installed;
(4) 
Flood depths will not exceed two feet;
(5) 
Flood velocities will not exceed two feet per second; and
(6) 
The structure will not be used for storage of materials described in § 152-19C(5).
C. 
If neither the provisions of Subsection A or B above can be met, an addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe on a one-time basis only, if the addition:
(1) 
Meets all other regulations and will be granted by permit or variance; and
(2) 
Does not exceed 60 square feet in area; and
(3) 
In combination with other previous modifications or additions to the building, does not exceed 50% of the present equalized assessed value of the building.
D. 
All new on-site sewage disposal systems, or addition to, replacement, repair or maintenance of an on-site sewage disposal system, in a floodfringe area shall meet all the applicable provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
E. 
All new wells, or addition to, replacement, repair or maintenance of a well, in a floodfringe area shall meet the applicable provisions of this chapter and Chapters NR 811 and NR 812, Wis. Adm. Code.