The provisions of this article shall apply to uses, structures,
signs and lots that legally existed as of the effective date of this
chapter, but that become nonconforming as the result of application
of this chapter to them or from reclassification of the property under
any subsequent amendments to this chapter.
It is the general policy of the Village of Mishicot to allow
nonconforming uses, structures, signs or lots to continue to exist
and to be put to productive use. However, it is also the general policy
of the Village to bring as many aspects of such nonconformities into
conformance with this chapter as is reasonably practicable, all subject
to the limitations of this article. The limitations of this article
are intended to recognize the interests of property owners in continuing
to use their property but to reasonably control expansions, reestablishment
of discontinued uses, and reestablishment of nonconforming buildings,
structures and signs that have been substantially destroyed.
Nonconformities shall be allowed to continue in accordance with
the requirements of this article.
Repairs and normal maintenance required to keep nonconforming
uses and structures in a safe condition shall be permitted, provided
that no alterations shall be made except those allowed by this article
or required by law or ordinance.
Nonconforming uses shall be subject to the following standards:
A.
Enlargement and expansion.
(1)
A nonconforming use may be enlarged, increased, or extended beyond
the area it occupied as of the effective date of this chapter, provided
that the expansion is approved by the Village Board after a public
hearing before the Plan Commission.
(2)
All enlargements, increases, and extensions of a nonconforming use
shall not exceed 50% of the area that the nonconforming use occupied
as of the effective date of this chapter.
B.
Discontinuance. If a nonconforming use is discontinued for a period
of 12 consecutive months or more, any use of the property thereafter
shall be in conformance with regulations and provisions set by this
chapter for the district in which such property is located.
C.
Damage or destruction.
(1)
If any structure that is devoted in whole or in part to a nonconforming
use is damaged or destroyed by violent wind, vandalism, fire, flood,
ice, snow, mold, infestation, or other calamity, the structure and
nonconforming use may be restored or replaced to the size, location,
and use that it had immediately before the damage or destruction occurred,
subject to Building Code and other applicable requirements.
A.
Nonconforming structures may be repaired, maintained, renovated,
rebuilt, or remodeled, subject to Building Code and other applicable
requirements.
B.
Additions to or extensions of nonconforming structures beyond the
existing building envelope are permitted provided that such additions
or extensions comply with all the provisions of this chapter.
C.
A nonconforming structure that is damaged or destroyed by violent
wind, vandalism, fire, flood, ice, snow, mold, infestation, or other
calamity may be restored or replaced to the size, location, and use
that it had immediately before the damage or destruction occurred,
subject to Building Code and other applicable requirements.
(1)
The size of the structure may be larger than the size immediately
before the damage or destruction occurred if necessary for the structure
to comply with applicable state or federal requirements.
(2)
Any reconstruction shall commence within 12 months of the date of
damage or destruction, unless an extension is granted by the Plan
Commission.
A.
Except as specified in Subsection B, nonconforming signs may continue provided that:
(1)
The sign shall remain substantially the same.
(2)
Only customary maintenance shall be allowed, unless the sign is damaged
or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold,
infestation, or other calamity.
(3)
A nonconforming sign that is damaged or destroyed by violent wind,
vandalism, fire, flood, ice, snow, mold, infestation, or other calamity
may be restored or replaced as it was prior to being damaged or destroyed,
provided that a Village sign permit is issued within 12 months from
the date of the damage to the sign. Any replacement of a sign face
or sign supporting structure shall be with like materials.
