A.
Continuation. Except as otherwise specially provided in this chapter,
the lawful nonconforming use of land 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; provided, however,
that:
(1)
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 or so as to comply with the provisions of this chapter.
(2)
The total lifetime structural repairs or alterations shall not exceed
50% of the assessed 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.
(3)
Substitution of new equipment may be permitted by the Village Board
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring use.
(4)
A nonconforming use may be changed to any use permitted in the same
use district as that in which the use existing is permitted according
to the provisions of this chapter, provided that when a use district
is changed, any existing nonconforming use in such changed district
may be continued or changed to a use permitted in the same use district
as that in which the existing use is permitted, provided that all
other regulations governing the new use are complied with.
B.
Abolishment or replacement of existing nonconforming use. 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. When a nonconforming use or structure
is damaged by fire, explosion, flood, the public enemy or other calamity
to the extent of more than 50% of its current assessed value, it shall
not be restored except so as to comply with the use provisions of
this chapter. Pursuant to § 62.23(7)(hc), Wis. Stats., a
nonconforming structure damaged or destroyed by violent wind, vandalism,
fire, flood, ice, snow, mold or infestation after March 2, 2006, may
be restored to the size, location, and use that it had immediately
before the damage or destruction occurred, with no limits on the costs
of the repair, reconstruction, or improvement of said structure. The
size of the restored structure may be larger than the size it was
immediately before the damage or destruction if necessary for the
structure to comply with applicable state or federal requirements.[1]
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, it shall not be extended, enlarged, reconstructed, moved
or structurally altered except when required to do so by law or order
or so as to comply with the provisions of this chapter.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Village Board 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 Village Board.
