The standards in this section shall apply to all uses and buildings
that do not conform to the provisions contained within a floodplain
zoning ordinance or with § 87.30, Wis. Stats., and §§ NR
116.12 to 14, Wis. Adm. Code, and 44 CFR 59 to 72; these standards
shall apply to all modifications or additions to any nonconforming
use or structure and to the use of any structure or premises which
was lawful before the passage of this chapter or any amendment thereto.
A party asserting existence of a lawfully established nonconforming
use or structure has the burden of proving that the use or structure
was compliant with the floodplain zoning ordinance in effect at the
time the use or structure was created.
As permit applications are received for additions, modifications,
or substantial improvements to nonconforming buildings in the floodplain,
municipalities shall develop a list of those nonconforming buildings,
their present equalized assessed value and a list of the costs of
those activities associated with changes to those buildings.
The existing lawful use of a structure or its accessory use which
is not in conformity with the provisions of this chapter may continue
subject to the following conditions:
No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this chapter and all municipal
ordinances. The words "modification" and "addition" include, but are
not limited to, any alteration, addition, modification, structural
repair, rebuilding or replacement of any such existing use, structure
or accessory structure or use. Maintenance is not considered a modification;
this includes painting, decorating, paneling and other nonstructural
components and the maintenance, repair or replacement of existing
private sewage or water supply systems or connections to public utilities.
Any costs associated with the repair of a damaged structure are not
considered maintenance. The construction of a deck that does not exceed
200 square feet and that is adjacent to the exterior wall of a principal
structure is not an extension, modification or addition. The roof
of the structure may extend over a portion of the deck in order to
provide safe ingress and egress to the principal structure.
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 requirements of this chapter
and all municipal ordinances.
The Village shall keep a record which lists all nonconforming uses
and nonconforming structures, their present equalized assessed value,
the cost of all modifications or additions which have been permitted,
and the percentage of the structure's total current value those
modifications represent.
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or 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. Contiguous dryland access must be provided for residential and commercial uses in compliance with § 330-17A. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection.
No maintenance on a per-event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or 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. Contiguous dryland access must be provided for residential and commercial uses in compliance with § 330-17A. Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per-event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.
If on a per-event basis the total value of the work being done under Subsection B(4) and (5) equals or exceeds 50% of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dryland access must be provided for residential and commercial uses in compliance with § 330-17A.
Except as provided in Subsection B(8), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value.
For nonconforming buildings that are substantially damaged or destroyed
by a nonflood disaster, the repair or reconstruction of any such nonconforming
building shall be permitted in order to restore it to the size and
use in effect prior to the damage event, provided that the following
minimum requirements are met and all required permits have been granted
prior to the start of construction:
Shall have the lowest floor, including basement, elevated to or above the flood protection elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 330-29B.
Shall be anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, and shall be constructed
with methods and materials resistant to flood damage.
Shall be constructed with electrical, heating, ventilation,
plumbing and air-conditioning equipment and other service facilities
that are designed and/or elevated to a minimum of one foot above the
base flood (regional flood) so as to prevent water from entering or
accumulating within the components during conditions of flooding.
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in § 330-29A or B.
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with § 330-13A, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 330-29 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of § 330-20B(8)(a) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and is the minimum necessary to preserve the historic character and design of the structure.
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in the Floodway
District, unless such modification or addition:
Any addition to the existing structure shall be floodproofed, pursuant to § 330-29, by means other than the use of fill, to the flood protection elevation; and
The enclosed area shall be designed by a registered architect
or engineer to allow for the efficient entry and exit of floodwaters
without human intervention. A minimum of two openings must be provided
with a minimum net area of at least one square inch for every one
square foot of the enclosed area. The lowest part of the opening can
be no more than 12 inches above the adjacent grade;
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 the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, § 330-29C and Ch. SPS 383, Wis. Adm. Code.
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, § 330-29C and Chs. NR 811 and NR 812, Wis. Adm. Code.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of § 330-17 except where § 330-22B is applicable.
Where compliance with the provisions of Subsection A 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 § 330-27, may grant a variance from those provisions of Subsection A 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 if:
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system, shall meet all the applicable provisions of all local ordinances, § 330-29C and Ch. SPS 383, Wis. Adm. Code.
All new wells, or addition to, replacement, repair or maintenance of a well, shall meet the applicable provisions of this chapter, § 330-29C and Chs. NR 811 and NR 812, Wis. Adm. Code.
No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in § 330-19C are met.