The lawful use of a building or premises existing at the time
of the effective date hereof may be continued although such use does
not conform with the provisions of this chapter, and such building
may be reconstructed or structurally altered and the nonconforming
use therein changed according to the following regulations:
A. The order of classification of uses from highest to lowest for the purposes of this section shall be as set forth in §
285-3 of this chapter.
B. A nonconforming use may be changed to a use of a higher, or more
restricted, classification but not to a use of lower, or less restricted,
classification except that no residential uses shall be permitted
in B-1, M-1, or M-2 Districts.
C. A nonconforming use shall not be extended, but the extension of a
use to any portion of a building, which portion is at the time of
the effective date hereof primarily arranged or designated for such
nonconforming use, shall not be deemed to be an extension of a nonconforming
use.
D. The remodeling involving structural alterations made in a nonconforming
building shall not, during its life, exceed 50% of its assessed value,
nor shall the building be enlarged, unless the use therein is permanently
changed to a conforming use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. If the nonconforming use of a building is discontinued for a period
of three months, any future use of the building or premises shall
conform to the regulations for the district in which it is located.
F. 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, 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)]