[Amended 10-4-2006 by Ord. No. 2006-11; 3-5-2014 by Ord. No. 2014-1; 8-2-2017 by Ord. No. 2017-4]
A. Definitions. As used in this section, the following terms shall have
the meaning indicated:
ASSESSED VALUE
The assessed value as determined by the Town Assessor and
listed on the most recent property tax bill.
DEVELOPMENT REGULATIONS
The part of the Zoning Ordinance that applies to elements
including setback, height, lot coverage, and side yard.
NONCONFORMING STRUCTURE
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 the
current Zoning Ordinance.
NONCONFORMING USE
A use of land, a dwelling, or a building that existed lawfully
before the current Zoning Ordinance was enacted or amended but that
does not conform with the use restrictions in the current ordinance.
STRUCTURAL ALTERATION
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, or girders, or any
substantial change in the roof or in the exterior walls.
STRUCTURE
Any constructed, erected or placed material or combination
of matter in or upon the ground, including buildings (to include decks,
porches and three-season rooms), towers, sheds, signs, poles, decorations
and carports but not including driveways or at-grade patios.
B. Nonconforming uses. The nonconforming use of a nonconforming structure,
building, premises, or fixture existing at the time of the adoption
or any amendment of this chapter may be continued although it does
not conform to the provisions of this chapter or any amendments thereto,
but the alteration of, or addition to, or repair shall not exceed
50% of its assessed value of any nonshoreland existing building, premises,
structure, or fixture for the purpose of carrying on a nonconforming
use. The continuance of the nonconforming use of a temporary structure
is prohibited.
C. Nonconforming structures. Repairs and maintenance of certain nonconforming
structures: There is no limit based on cost for the repair, maintenance,
renovation, or remodeling of a nonconforming structure.
D. Restoration of certain nonconforming structures. Nonconforming structures
that are damaged or destroyed may be restored if the structure will
be restored to the size, location, and use that it had immediately
before the damage or destruction occurred, with no limit on the costs
of the repair, reconstruction, or improvement if all of the following
apply:
(1) The use of the building or structure which is nonconforming was not
discontinued for a period of 12 months or more; and
(2) The damage or destruction was caused by a natural event, including
but not limited to violent wind, vandalism, fire, flood, ice, snow,
mold, or infestation.
If a nonconforming use is discontinued or terminated
for a period of 12 months, any further use of the structure, land
or water shall conform to the provisions of this chapter.
Floodland nonconforming uses, repaired or altered
under the nonconforming use provisions of this chapter, shall provide
for floodproofing to those portions of the structure involved in such
repair or alteration. Certification of floodproofing shall be made
to the Building Inspector and shall consist of a plan or document
certified by a registered professional engineer that the floodproofing
measures are consistent with the flood velocities, forces, depths,
or other factors associated with the one-hundred-year recurrence interval
flood.
[Amended 10-4-2006 by Ord. No. 2006-11]
The repair, reconstruction, renovating, remodeling
or expansion of a legal nonconforming structure in the C-1 Conservancy
District shall be subject to the obtaining of a permit issued by the
Town Board and all other regulatory agencies.
In any residential district, a single-family
dwelling and its accessory structures may be erected on any existing
legal lot recorded as such in the Register of Deeds of Ozaukee County
before the effective date of the Zoning Code of the Town.