[Amended 6-9-2014 by Ord. No. 617]
A.
Nonconforming uses in Shoreland-Wetland and Shoreland Districts. 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 the chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions, exceptions and regulations:
(1)
If a nonconforming use is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this chapter.
(2)
Any legal nonconforming use of property that does not involve the use of a structure which existed at the time of the adoption or subsequent amendment of this chapter may be continued although such use does not conform with the provisions of the chapter; however, such nonconforming use may not be extended.
(3)
The maintenance and repair of nonconforming boathouses which extend beyond the ordinary high watermark of any navigable waters shall be required to comply with § 30.121, Wis. Stats.
(4)
Uses which are nuisances shall not be permitted to continue as nonconforming uses.
(5)
Except as otherwise set forth by law, as set forth in § 62.23(7)(h), Wis. Stats. the total structural repairs or alterations in a building, premises, structure, or fixture that does not conform to the use provisions of this chapter shall not during its life exceed 50% of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use. If the nonconforming use is discontinued for a period of 12 months, any future use of the building, premises, structure, or fixture shall conform to this chapter.
B.
Nonconforming structures in the Shoreland-Wetland District. Repair and expansion of existing structures are permitted. Notwithstanding § 62.23(7)(h), Wis. Stats., the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of this chapter or any environmental control facility in existence on the effective date of this chapter is permitted. The provisions of Chapter 256, Floodplain Zoning, are applicable and additional restrictions may apply.
C.
Nonconforming structures in the shoreland district.
(1)
Maintenance and repair.
(a)
The maintenance and repair of nonconforming boathouses that extend waterward beyond the ordinary high watermark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.
(b)
Maintenance and repair of nonconforming principal structure. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under § 255-7.1 may be maintained and repaired within its existing building envelope. Maintenance and repair includes such activities as interior remodeling, plumbing, insulation, and replacement of windows, doors, siding, or roof.
(c)
Vertical expansion of nonconforming principal structure. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under § 255-7.1 may be expanded vertically, provided that all of the following requirements are met:
[1]
The use of the structure is a permitted or conditional use in the underlying district.
[2]
The existing principal structure is at least 35 feet from the ordinary high watermark.
[3]
Vertical expansion is limited to the height of 35 feet, provided that a vertical expansion will not be permitted if it will block sunlight to a neighboring property.
(2)
Expansion of nonconforming principal structure beyond setback. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under § 255-7.1 may be expanded horizontally or landward provided that the expanded area meets the building setback requirements in § 255-7.1 and that all other provisions of the shoreland requirements ordinance are met.
(3)
Replacement or relocation of nonconforming principal structure. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under § 255-7.1 may be replaced or relocated on the property provided all of the following requirements are met:
(a)
The use of the structure is a permitted or conditional use in the underlying district.
(b)
The existing principal structure is at least 35 feet from the ordinary high watermark.
(c)
No portion of the replaced or relocated structure is located any closer to the ordinary high water mark than the closest point of the existing principal structure.
D.
Certain structures may be replaced, repaired and maintained.
(1)
Pursuant to § 62.23(7)(hc), Wis. Stats., nonconforming structures that are destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation on or after March 2, 2006, may be restored to the size (or a larger size if necessary to comply with state or federal regulations), location and use that it had immediately before the damage or destruction occurred.
(2)
Repair and maintenance of certain nonconforming structures.
(a)
In this subsection:
[1]
Development regulations means the part of this chapter that applies to elements including setback, height, lot coverage, and side yard.
[2]
Nonconforming structure means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in this chapter.
(b)
Pursuant to § 62.23(7)(hb), Wis. Stats., this chapter does not prohibit, or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.
