A.
Continuation. Except as otherwise specifically provided in this chapter,
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 with the provisions of this chapter;
provided, however:
(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 it 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 Town Board
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring use.
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., and notwithstanding
any other provision of this chapter, 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,
and no limits may be imposed 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.
Generally. The existing lawful use of a building or premises at the
time of the enactment or amendment of this section may be continued
although such use does not conform with the regulations for the district
in which it is located. Except in the agricultural districts, such
nonconforming uses shall not be extended. Nonconforming mobile homes
shall not be moved, relocated or placed unless in conformity with
this section.
B.
Structural alterations. If no structural alterations are made, a
nonconforming use of a building may be changed to another nonconforming
use of the same or a more restricted classification. Whenever a nonconforming
use has been changed to a more restricted nonconforming use or a conforming
use, such use shall not thereafter be changed to a less restricted
use.
C.
Existing legal nonconforming uses. It shall be established that those
homes built prior to March 8, 1999, shall not be infringed upon and
are to be kept whole. This means those homes that exceed the maximum
three-hundred-foot setback shall be allowed to be extended, enlarged,
reconstructed, substituted or structurally altered. Also, all the
outbuildings that are nonagricultural shall be allowed the same rights
as the home. (Note: Side yard/rear yard standards and square footage
required for A-2 zoning with an R-1 use shall apply for these outbuildings.)
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Town 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 conditions required by the Town Board.
