[Ord. No. 572, § I(9.1601), 2-6-1996]
(a)
Insofar as the standards in this article are not inconsistent with
the provisions of W.S.A., § 62.23(7)(h), 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 W.S.A., § 62.231
or 61.351 may be continued although such use does not conform with
the provisions of the chapter. 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 W.S.A., § 30.121.
(4)
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
(5)
Only that portion of the land or water 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.
(6)
Total lifetime structural repairs or alterations shall not exceed
50% of the Village's equalized 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.
[Ord. No. 572, § I(9.1602), 2-6-1996]
If such nonconforming use is discontinued or terminated for
a period of 12 months, any future use of the structure, land or water
shall conform to the provisions of this chapter. When a nonconforming
use or structure is damaged by fire, explosion, flood, the public
enemy or other calamity to the extent of more than 50% of its current
equalized value, it shall not be restored except so as to comply with
the use provisions of this chapter.
[Ord. No. 572, § I(9.1603), 2-6-1996]
(a)
The use of a structure existing at the time of the adoption or amendment
of this chapter may be continued although the structure's size or
location does not conform with the established building setback line
along streets, or the yard, height, parking, loading, access and lot
area provisions of this chapter.
(1)
Additions and enlargements to existing substandard structures
are permitted and shall conform with the established building setback
lines along streets and the yard, height, parking, loading and access
provisions of this chapter insofar as is practicable. Existing buildings
and their additions shall not be permitted to encroach further upon
established yard and height requirements than the existing encroachment.
(2)
Existing substandard structures, which are damaged or destroyed
by fire, explosion, flood or other calamity, may be reconstructed
and insofar as is practicable shall conform with the established building
setback lines along streets and the yard, height, parking, loading
and access provisions of this chapter.
(3)
Existing substandard structures may be moved and, insofar as
is practicable, shall conform with the established building setback
lines along streets and the yard, height, parking, loading and access
provisions of this chapter.
[Ord. No. 572, § I(9.1604), 2-6-1996]
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the board of zoning and building 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 board
of zoning and building appeals.
[Ord. No. 572, § I(9.1605), 2-6-1996]
In any residential district, a one-family detached dwelling
and its accessory structures may be erected on any legal lot or parcel
of record in the county register of deeds office before the effective
date or amendment of this chapter. Such lot or parcel shall be in
separate ownership from abutting lands. If abutting 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.
If in separate ownership, all the district requirements shall be complied
with insofar as practical but shall not be less than the following:
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Building
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Area
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Minimum 1,000 square feet
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Height
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Maximum 30 feet
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Yards
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Street
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Minimum 25 feet; the second street yard on corner lots shall
not be less than 10 feet
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Rear
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Minimum 40 feet
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Side
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Minimum 18.75% on each side of the lot, but not less than 7
feet on each side of the lot
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