As used in this division, the words "modification" and "addition"
include, but are not limited to, any alteration, addition, modification,
structural repair, rebuilding, or replacement of any such existing
use, structure or accessory structure or use. Maintenance is not considered
a modification; this includes painting, decorating, paneling, and
other nonstructural components and the maintenance, repair or replacement
of existing private sewage or water supply systems or connections
to public utilities. Any costs associated with the repair of a damaged
structure are not considered maintenance.
The construction of a deck that does not exceed 200 square feet
and that is adjacent to the exterior wall of a principal structure
is not an extension, modification, or addition. The roof of the structure
may extend over a portion of the deck in order to provide safe ingress
and egress to the principal structure.
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, it is no longer permitted
and any future use of the property, and any structure or building
thereon, shall conform to the applicable requirements of this chapter.
The municipality shall keep a record which lists all nonconforming
uses and nonconforming structures, their present assessed value, the
cost of all modifications or additions which have been permitted,
and the percentage of the structure's total current value those
modifications represent.
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements in Article 19. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 170.1242B(3). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this section.
No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 170.1242B(3).
If on a per event basis the total value of the work being done under Subsections D and E equals or exceeds 50% of the present assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 170.1242B(3).
Except as provided in Subsection H, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present assessed value.
For nonconforming buildings that are substantially damaged or destroyed
by a nonflood disaster, the repair or reconstruction of any such nonconforming
building shall be permitted in order to restore it to the size and
use in effect prior to the damage event, provided that the minimum
federal code requirements below are met and all required permits have
been granted prior to the start of construction.
The lowest floor, including basement, is elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 170.1224.
The structure is anchored to prevent flotation, collapse, or
lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy and shall be
constructed with methods and materials resistant to flood damage.
Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities that are designed and/or elevated
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in § 170.1224A or B.
Historic structures. A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as an historic structure, the alteration will comply with § 170.1232A, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 170.1224 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of § 170.1280H(1) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and is the minimum necessary to preserve the historic character and design of the structure.
No modification or addition shall be allowed to any nonconforming
structure or any structure with a nonconforming use in the Floodway
District, unless such modification or addition:
Any addition to the existing structure shall be floodproofed, pursuant to § 170.1224, by means other than the use of fill, to the flood protection elevation; and
The enclosed area shall be designed by a registered architect
or engineer to allow for the efficient entry and exit of floodwaters
without human intervention. A minimum of two openings must be provided
with a minimum net area of at least one square inch for every one
square foot of the enclosed area. The lowest part of the opening can
be no more than 12 inches above the adjacent grade;
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, § 170.1224 and Ch. SPS 383, Wis. Admin. Code.
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, § 170.1224C and Chs. NR 811 and NR 812, Wis. Admin. Code.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of § 170.1242 except where Subsection B is applicable.
Where compliance with the provisions of Subsection A would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Zoning Board of Appeals, using the procedures established in Article 5, may grant a variance from those provisions of Subsection A for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, § 170.1224C, and Ch. SPS 383, Wis. Admin. Code.
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter, § 170.1224C, and Ch. NR 811 and NR 812, Wis. Admin. Code.
No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in § 170.1263 are met.