The lawful use of a building, structure or property which existed at the time this chapter, or an applicable amendment to this chapter, took effect and which is not in conformity with the provisions of this chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
A. 
No modification or additions to a nonconforming use or structure shall be permitted unless they comply with this chapter. 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. Ordinary maintenance repairs are not considered an extension, modification or addition; these include painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure. 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.
B. 
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to the appropriate provisions of this chapter.
C. 
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 § 62.23(7)(h), Wis. Stats., 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.
D. 
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 § 30.121, Wis. Stats.
E. 
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
Notwithstanding § 62.23(7)(h), Wis. Stats., the repair, reconstruction, renovation, remodeling or expansion of a legal nonconforming structure in existence at the time of adoption or subsequent amendment of this chapter adopted under § 62.231, Wis. Stats., or of an environmental control facility in existence on May 7, 1982, related to that structure, is permitted under § 62.231(5), Wis. Stats. Section 62.23(7)(h), Wis. Stats., applies to any environmental control facility that was not in existence on May 7, 1982, but was in existence on the effective date of this chapter or amendment.
[Amended 5-25-2010 by Ord. No. 1030; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
No modifications or additions to a nonconforming use or a nonconforming structure shall be permitted unless they are made in conformity with the provisions of this chapter for the area of the floodplain it occupies. For the purpose of this section, the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components; and the maintenance, repair or replacement of existing private sewage or water supply systems, or connections to public utilities.
B. 
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 and contiguous dry land access is provided in compliance with § 437-33B. The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection.
C. 
Damaged nonconforming structures.
(1) 
Except as provided in Subsection C(2), 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.
(2) 
For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under applicable FEMA regulations (44 CFR Part 60), or the regulations promulgated thereunder.
(3) 
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.
D. 
A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with § 437-29A, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 437-21 are used.
E. 
As requests are received for modifications or additions to nonconforming uses or nonconforming structures in the floodplain, a record shall be kept which lists the nonconforming uses and nonconforming structures, their present equalized assess value, and the cost of those additions or modifications which have been permitted.
F. 
If any nonconforming structure or any structure with a nonconforming use is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the provisions of Article V of this chapter are met. For the purpose of this subsection, restoration is deemed impractical where the total cost of such restoration would equal or exceed 50% of the present equalized assessed value of the structure.
A. 
No modifications or additions shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:
(1) 
Has been granted a permit or variance; and
(2) 
Meets the requirements of § 437-40; and
(3) 
Will not increase the obstruction to flood flows or regional flood height; and
(4) 
Any addition to the existing structure shall be floodproofed, pursuant to § 437-21, by means other than the use of fill, to the flood protection elevation.
(5) 
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
(a) 
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;
(b) 
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
(c) 
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
(d) 
The use must be limited to parking or limited storage.
B. 
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 a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway shall meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.
C. 
No new well used to obtain water for ultimate human consumption or modifications to an existing well shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable provisions of all municipal ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.
[Amended 5-25-2010 by Ord. No. 1030]
A. 
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the flood fringe area unless such modification or addition has been granted a permit or variance and, except where Subsection B below is applicable, the modification or addition is placed on fill or if floodproofed to the flood protection elevation in compliance with the applicable regulations for that particular use in a flood fringe area in Article VI of this chapter.
B. 
Where compliance with the provisions of Subsection A above would result in unnecessary hardship, and only where the structure will not be either used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedure in §§ 437-46, 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:
(1) 
No flood is allowed below the regional flood elevation for residential or commercial structures;
(2) 
Human lives are not endangered;
(3) 
Public facilities, such as water or sewer, will not be installed;
(4) 
Flood depths will not exceed two feet;
(5) 
Flood velocities will not exceed two feet per second; and
(6) 
The structure will not be used for storage of materials described in § 437-33F.
C. 
If neither the provisions of Subsection A or B above can be met, one addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the flood fringe on a one-time basis only, if the addition:
(1) 
Has been granted by permit or variance;
(2) 
Does not exceed 60 square feet in area; and
(3) 
In combination with other previous modifications or additions to the building, does not equal or exceed 50% of the present equalized assessed value of the building.
D. 
All new on-site sewage disposal systems, or addition to, replacement, repair or maintenance of an on-site sewage disposal system shall meet all the applicable provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
E. 
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter and Chs. NR 811 and NR 812, Wis. Adm. Code.