If a nonconforming use is discontinued for a period of 12 months,
any future use of the building, structure, or property shall conform
to this chapter.
A.
An existing structure that was lawfully placed when constructed but does not comply with the required setbacks, per §§ 338-32 and 338-33, may be maintained, repaired, replaced, restored, rebuilt, or remodeled if the activity does not expand the footprint of the nonconforming structure. Further, an existing structure that was lawfully placed when constructed but does not comply with the required shoreland setback, may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level, as provided in § 338-52B. Expansion of a structure may be allowed beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.
B.
Note:
(1)
Section 59.692(1k)(a)1.b. and d., Wis. Stats., prohibits counties from requiring any approval or imposing any fee or mitigation requirement for the activities specified in § 338-55. However, it is important to note that property owners may be required to obtain permits or approvals and counties may impose fees under ordinances adopted pursuant to other statutory requirements, such as floodplain zoning, general zoning, sanitary codes, building codes, or even stormwater erosion control.
[Amended 11-12-2019 by Ord. No. 18-2019]
(2)
Section NR 115.05(1)(b)1m, Wis. Adm. Code, lists structures that
are exempt from the shoreland setback. These structures are considered
conforming structures and are not considered nonconforming structures.
Structures that were granted variances or illegally constructed structures
are not considered nonconforming structures.
An existing principal structure that was lawfully placed when constructed but does not comply with the required building setback per §§ 338-32A and 338-33 may expand laterally, provided that all of the following requirements are met:
A.
The use of the structure has not been discontinued for a period of
12 months or more if a nonconforming use.
B.
The existing principal structure is at least 35 feet from the ordinary
high-water mark.
C.
Lateral expansions are limited to a maximum of 200 square feet over
the life of the structure. No portion of the expansion may be any
closer to the ordinary high-water mark than the closest point of the
existing principal structure.
D.
The Land Use Planning and Zoning Department shall issue a permit that requires a mitigation plan that shall be approved by the Land Use Planning and Zoning Department and implemented by the property owner by the date specified in the land use permit. The mitigation plan shall meet the standards found in Article XII.
E.
All other provisions of this chapter shall be met.
[Amended 11-12-2019 by Ord. No. 18-2019]
An existing principal structure that was lawfully placed when constructed but does not comply with the required building setback under §§ 338-32 and 338-33, may be expanded landward of the shoreland setback area horizontally or vertically, provided that the expanded area meets the building setback requirements per § 338-32 or 338-33 and that all other provisions of this chapter are met. A mitigation plan is not required solely for expansion under this section, but may be required per Article IX.
An existing principal structure that was lawfully placed when constructed but does not comply with the required building setback per §§ 338-32A and 338-33, may be relocated on the property provided all of the following requirements are met:
A.
The use of the structure has not been discontinued for a period of
12 months or more if a nonconforming use.
B.
The existing principal structure is at least 35 feet from the ordinary
high-water mark.
C.
No portion of the relocated structure is located any closer to the
ordinary high-water mark than the closest point of the existing principal
structure.
D.
The Land Use Planning and Zoning Department determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for relocation that will result in compliance with the shoreland setback requirement per § 338-32A.
E.
The Land Use Planning and Zoning Department shall issue a permit that requires a mitigation plan that shall be approved by the Land Use Planning and Zoning Department and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in Article XII and include enforceable obligations of the property owner to establish or maintain measures that the Land Use Planning and Zoning Department determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat, and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the County Register of Deeds.
F.
All other provisions of this chapter shall be met.
A.
A structure of which any part has been authorized to be located within
the shoreland setback area by a variance granted before July 13, 2015,
may be maintained, repaired, replaced, restored, rebuilt, or remodeled
if the activity does not expand the footprint of the authorized structure.
Additionally, the structure may be vertically expanded unless the
vertical expansion would extend more than 35 feet above grade level.
Counties may allow expansion of a structure beyond the existing footprint
if the expansion is necessary to comply with applicable state or federal
requirements.
[Amended 11-12-2019 by Ord. No. 18-2019]
B.
Note: § 59.692(1k)(a)2, Wis. Stats., prohibits counties from requiring any approval or imposing any fee or mitigation requirement for the activities specified in § 338-59. However, it is important to note that property owners may be required to obtain permits or approvals and counties may impose fees under ordinances adopted pursuant to other statutory requirements, such as floodplain zoning, general zoning, sanitary codes, building codes, or even stormwater erosion control.
