It is the purpose and intent of this article to comply with state law protecting nonconforming uses and structures as the law requires. It is the additional purpose of this article to clarify how preexisting uses and structures built on nonconforming lots will be treated under this chapter as the Town assumes zoning jurisdiction from St. Croix County.
A. 
The continued lawful use of a building, premises, structure or fixture existing on the effective date of this chapter or on any later amendment to this chapter that makes the use nonconforming may not be prohibited, even though the use does not conform to the provisions of this chapter. Legal nonconforming uses shall not be extended, enlarged or expanded except as provided for in this article.
B. 
Otherwise legal uses of land in the Town on the effective date of this chapter shall be treated as legal nonconforming uses to the extent that the existing use is not a fully permitted use in the zoning district in which the use is located on the Town's Zoning Map. Landowners with legal nonconforming use rights can also seek conditional use permits under this chapter to more fully protect their use rights where the use is otherwise eligible for such a conditional use permit under the Town's Zoning Ordinance.
C. 
Legal nonconforming uses shall not be extended. The total structural repairs or alterations to a building, premises, structure or fixture that supports a nonconforming use shall not, during its life, exceed 50% of the assessed value of the said building, premises, structure or fixture unless permanently changed to a conforming use.
D. 
Legal nonconforming uses run with the land. However, if a legal nonconforming use is discontinued for a period of 12 consecutive months, any future use of the building, premises, structure or fixture shall conform to this chapter.
E. 
The unlawful expansion of a legal nonconforming use invalidates the legal nonconforming use as well as the unlawful expansion.
F. 
Any uses authorized by St. Croix County under the previous St. Croix County Zoning Ordinance as conditional use with an approved conditional use permit, special exception, or variance become legal nonconforming uses when the Town's Zoning Ordinance goes into effect.
A. 
Except set forth in § 170-87 (below), the restoration of a damaged or destroyed nonconforming structure to the size, location and use that it had immediately before such damage or destruction occurred is permitted in only situations where the damage or destruction is caused by violent wind, vandalism, fire, flood, snow, mold or infestation. Such a restored nonconforming structure may be larger than the size it was immediately before it was damaged or destroyed only to the extent necessary to comply with applicable state or federal regulations.
B. 
Structures with a footprint in the setback area of lots that otherwise conform to the area or spatial requirements in effect when the lots were created can be removed, replaced, repaired, maintained, renovated and remodeled.
A. 
Structures located on nonconforming lots where the structure is also nonconforming can be removed, replaced, repaired, maintained, renovated and remodeled. The structure's footprint may expand as a result, so long as the expanded footprint encroaches no further into the public road right-of-way area, side or rear setbacks, and the resulting structure's appearance will be consistent with similarly purposed and existing structures in the neighborhood, and consistent with any measure of nonconformity of such other structures.
B. 
Structures with a footprint on the effective date of this chapter located in the setback areas of a lot and that conformed to the area of spatial requirements in effect when the lot was created can be removed, replaced, repaired, maintained, renovated and remodeled. The structure's footprint may expand as a result, so long as the expanded footprint encroaches no further into the public road right-of-way area, side or rear setbacks and the resulting structure's appearance will be consistent with, similarly purposed and existing structures in the neighborhood, and consistent with any measure of nonconformity of such other structures.
C. 
Certain nonconforming lots in the Town were created so long ago that spatial requirements such as setbacks are not shown on the plat, certified survey map or otherwise discernible from site-specific documents of record that created the lot. In this situation, the more restrictive of the county or Town setback requirements in effect at the time that the lot was created shall determine the spatial requirements that apply to the lot and to the placement of new structures on the lot after the effective date of this chapter.