[Amended 3-8-2005; 8-14-2012]
A legal nonconforming use means a use of land, a dwelling, or a building that existed lawfully before this chapter on zoning was enacted or amended, but that does not conform with the use restrictions contained in this Chapter 225. Legal nonconforming uses may be continued as provided for in this Article X.
Only that use in actual existence at the time of the adoption or amendment of this chapter may be so continued as a legal nonconforming use, and said use may not in any way be extended, enlarged, substituted, moved, added to or changed, except as otherwise expressly provided for herein.
No structure on lands containing a legal nonconforming use, may be extended, enlarged, totally rebuilt, substituted, moved, remodeled, modified or added to except as otherwise provided for herein or until the legal nonconforming use has been made to conform to this chapter.
No lot, on lands containing a legal nonconforming use, may be reduced in size, modified, increased in size or changed in any manner except as otherwise provided for herein or until the legal nonconforming use has been made to conform to this chapter.
If a legal nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter.
The total structural repairs or alternations in such a nonconforming building, premises, structure or fixture shall not during its life exceed 50% of the assessed value of the building, premises, structure, a fixture unless permanently changed to a conforming use.
A legal nonconforming lot is a lot not in conformity with the applicable district regulations.
Conforming structures existing at the time of the adoption or amendment of this chapter may be continued, although the lot does not conform to the requirements of this chapter, as long as all uses on the lands containing the structure are legal conforming uses.
The aforementioned structure may be extended, enlarged, substituted, moved, remodeled, modified, added to, or rebuilt as long as any such change conforms to the established building setback lines along streets and the yard and height provisions and FAR of this chapter.
"Legal nonconforming structure" means a dwelling, other building, or structure that existed lawfully before the enactment or amendment of this chapter, but that does not conform with one or more of the development regulations in this chapter. A "development regulation" means the part of this chapter that applies to elements including but not limited to setback, area, height, lot coverage and side yard.
The legal conforming use of a nonconforming structure, whether on a conforming lot or nonconforming lot, may be continued, although the structure's size or location does not conform to the established setback line along streets, the yard and height provisions and FAR of this chapter.
Legal conforming structures with a legal conforming use, whether on a conforming or nonconforming lot, may be moved and if moved must conform to the established building setback lines along streets and the yard and height provisions of this chapter.
The property owner has the burden of showing that a use, structure or lot is legal nonconforming. The determination shall be made by the Plan Commission after a majority of the Plan Commission has been satisfied by proof presented by the property owner that the use, structure and/or lot is in fact legal nonconforming.
Once a legal nonconforming use, legal nonconforming structure, or legal nonconforming lot has been changed to conform, it shall not revert back to legal nonconforming status. If the Board of Appeals permits the substitution of a more restrictive nonconforming use for an existing legal nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all conditions required by the Board of Appeals.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any platted lot legally filed and of record in the Dane County Register of Deeds' office before the original effective date of this chapter as long as such lot or parcel is in separate ownership from abutting lands. If abutting lots are owned by the same owner and any of the same are legal nonconforming, whether or not any or all of the lots are improved, none of the lots shall be sold or used without all being in full compliance with the provisions of this chapter. Any lot or parcel created pursuant to Article XVI, Land Division Regulations, and legally recorded with the Dane County Register of Deeds shall be exempted from the separate ownership provisions of this chapter.