The purpose of this article is to provide for the regulation of nonconforming structures, uses, and lots and to specify those circumstances and conditions under which such nonconforming structures, uses, and lots shall be permitted to continue.
The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter; however:
A.
Only that portion of the land, water, or structure in actual use may be so continued and the nonconforming use 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.
B.
Total lifetime structural repair or alterations to a structure containing a nonconforming use shall not exceed 50% of the City's assessed value of the structure unless it is permanently changed to conform to the use provisions of this chapter. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions, and the repair or replacement of doors, windows, utilities, and sewage treatment and water supply systems.
C.
Discontinuance. 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 fully to the provisions of this chapter.
D.
Abolishment or destruction. When a nonconforming use or a structure with a nonconforming use is damaged by violent wind, fire, flood, ice, snow, mold, or other calamity to the extent of more than 50% of its assessed value, it shall not be restored except so as to comply with the provisions of this chapter.
A.
A nonconforming structure with a conforming use lawfully 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 to the development regulations of this chapter.
B.
Nonconforming structures with a conforming use may be repaired, maintained, renovated, rebuilt, or remodeled, subject to building code and other applicable requirements. No prohibition or limits based on cost may be imposed on the repair, maintenance, renovation, or remodeling of such structures.
C.
Additions and enlargements to existing nonconforming structures with a conforming use are permitted and shall conform to the established yard/setback, height, parking, loading, and access provisions of this chapter. Existing buildings and their additions shall not be permitted to encroach further upon established yard/setback and height requirements than the existing encroachment. The provisions of this subsection with respect to additions or enlargements are applicable only if the lot is served by public sanitary sewer or, if relevant, conforms to existing sanitary code requirements for private onsite sewage treatment systems (POWTS).
D.
Existing nonconforming structures may be moved and shall conform to the established yard/setback, height, parking, loading, and access provisions of this chapter.
E.
A nonconforming structure with a conforming use 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. 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 immediately before the damage or destruction occurred if necessary for the structure to comply with applicable state or federal requirements. Any reconstruction shall conform to the development regulations of this chapter, to the extent practicable, and existing sanitary code requirements, and shall commence within 24 months of the date of damage or destruction, unless an extension is granted by the government agency having authority.
F.
Once a nonconforming use or structure has been changed to conform with the provisions of this chapter, it shall not revert back to a nonconforming use or structure.
A.
The conforming use of a conforming structure existing at the time of the adoption or amendment of may be continued although the lot area or lot width does not conform to the requirements of this chapter.
B.
Additions or enlargements to such structures are permitted provided they conform to all development regulations of this chapter other than lot area and lot width.
C.
Existing conforming structures on nonconforming lots which are damaged or destroyed by violent wind, vandalism, fire, flood, snow, mold infestation, or other calamity may be reconstructed provided they conform to the use provisions, access provisions, and all development regulations of this chapter other than lot area and lot width.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, provided such lot or parcel was recorded in the Waupaca County Register of Deeds before the effective date of this chapter.