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; however:
A.Â
Only that portion of the land or water in actual use may be so continued
and the nonconforming use may not be extended, enlarged, substituted,
or moved, except when required to do so by law or order or so as to
comply with the provisions of this chapter.
B.Â
Total lifetime structural repairs or alterations to a nonconforming
structure shall not exceed 50% of its current equalized value 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 Zoning Board
of Appeals if such equipment will reduce the incompatibility of the
nonconforming use or structure with the neighboring uses.
A.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.
B.Â
When a nonconforming structure is damaged by fire, explosion, flood,
or other calamity to the extent of more than 50% of its current equalized
value, it shall not be restored except so as to comply with the provisions
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 in accordance with the provisions
of § 62.23(7)(hc), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Once a nonconforming use has been changed to a conforming use
or a nonconforming structure has been altered so as to comply with
the yard, height, parking, loading, and access provisions of this
chapter, it shall not revert back to a nonconforming use or structure.
Once the Zoning Board of Appeals has permitted the substitution of
a more restrictive nonconforming use for an existing nonconforming
use, the prior existing use shall lose its status as a legal nonconforming
use and the substituted use shall become subject to all the conditions
required by the Board.
Notwithstanding § 62.23(7)(h), Wis. Stats., the repair,
reconstruction, renovating, remodeling, or expansion of a legal nonconforming
structure, or any environmental control facility related to a legal
nonconforming structure, located in the C-1 Conservancy District and
in existence at the time of adoption or subsequent amendment of this
chapter is permitted pursuant to § 61.351(5), Wis. Stats.
Action of a governmental body: Except for zoning or rezoning,
when the action of a governmental body or agency renders a parcel
of land or lot nonconforming, the use and structures shall, for all
purposes, be considered conforming.
