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. The shoreland-wetland provisions of this chapter authorized
by § 61.351, Wis. Stats., shall not limit the repair, reconstruction,
renovation, remodeling or expansion of a nonconforming structure or of any
environmental control facility related to such a structure in existence on
the effective date of the shoreland-wetland provisions. All other modifications
to nonconforming structures are subject to § 62.23(7)(h), Wis. Stats.,
which limits total lifetime structural repairs and alterations to 50% of current
fair market value.
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 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 § 61.351,
Wis. Stats., may be continued although such use does not conform to the provisions
of this chapter. However, such nonconforming use may not be extended.
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.