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 to the provisions
of this chapter; however:
A.Â
Only that portion of the land or water in actual use may be so continued,
and the structure may not be extended, enlarged, reconstructed, substituted,
moved, or structurally altered except when required to do so by law
or order so as to comply with the provisions of this chapter.
B.Â
Total lifetime structural repairs or alterations shall not exceed
50% of the Town's equalized value of the structure at the time of
its becoming a nonconforming use, unless it is permanently changed
to conform to the use provisions of this chapter.
C.Â
Substitution of new equipment may be permitted by the Board of Appeals
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses.
D.Â
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 to the provisions of this chapter.
E.Â
When a nonconforming use is damaged by fire, explosion, flood, the
public enemy, or other calamity, to the extent of more than 50% of
its current equalized assessed value, it shall not be restored except
so as to comply with the use provisions of this chapter.
A lawful nonconforming structure existing at the time of the
adoption or amendment of this chapter may be continued although its
size or location does not conform to the lot width, lot area, yard,
height, parking and loading, and access provisions of this chapter;
however:
A.Â
Additions and enlargements to, or the moving of, existing nonconforming
structures are permitted and shall conform to all established building
setback lines and the yard, height, parking, loading, and access provisions
of this chapter. Existing nonconforming structures and their additions
shall not be permitted to encroach further upon established yard and
height requirements than the existing encroachment. The provisions
of this subsection with respect to additions or enlargements are applicable
only if the lot or parcel conforms to the requirements of the County
Sanitary Ordinance or is serviced by a public sanitary sewer.
B.Â
Existing nonconforming structures that are damaged or destroyed by
fire, explosion, flood, or other calamity may be reconstructed within
their original footprint and insofar as is practical shall conform
to all established building setback lines and the yard, height, parking,
loading, and access provisions of this chapter. The provisions of
this subsection with respect to reconstruction are applicable only
if the lot or parcel conforms to the requirements of the County Sanitary
Ordinance or is serviced by public sanitary sewer. A nonconforming
structure or any structure with a nonconforming use which is damaged
or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold
or infestation may be restored in accordance with the provisions of
§ 62.23(7)(hc), Wis. Stats.
C.Â
The repair,
maintenance, renovation, rebuilding or remodeling of a nonconforming
structure or any part thereof within its existing footprint is permitted
in accordance with the provisions of § 60.61 (5e)(b), Wis.
Stats.
[Added 8-13-2018 by Ord. No. 5-2018]
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Board of Appeals has permitted the substitution of a more restrictive
nonconforming use for an existing nonconforming use, the substituted
use shall lose its status as a legal nonconforming use and become
subject to all the conditions required by the Board of Appeals.
In any residential or agricultural district not certified under
Chapter 91 of Wisconsin Statutes, a one-family detached dwelling and
its accessory structures may be created on any vacant legal lot or
parcel of record in the County Register of Deeds office before November
8, 1982 (the date of the Town of Holland's original Zoning Ordinance).
Such lot or parcel shall be in separate ownership from abutting lands.
If abutting lands and the substandard lot are owned by the same owner,
the substandard lot shall not be sold or used without full compliance
with the provisions of this chapter. If the substandard lot is in
separate ownership, all district requirements shall be complied with
insofar as practical.
[Added 4-9-2018 by Ord.
No. 2-2018]
Any lot that would become nonconforming due to lacking sufficient
acreage to meet the minimum lot size requirement for its particular
zoning district shall remain a conforming lot in that district if
the cause of said lack is due to a public right-of-way purchase by
the State of Wisconsin, Sheboygan County, or the Town of Holland.
