A.
Applicability. If these standards conform with § 87.30,
Wis. Stats., ch. NR 116.15 Wis. Adm. Code and 44 CFR 59-72, they shall
apply to all modifications or additions to any nonconforming use or
structure and to the use of any structure or premises which was lawful
before the passage of this chapter or any amendment thereto.
B.
The existing lawful use of a structure or its accessory use which
is not in conformity with the provisions of this chapter may continue,
subject to the following conditions:
(1)
No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this chapter. The words
"modification" and "addition" include, but are not limited to, any
alteration, addition, modification, 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 the replacement of doors, windows 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.
(2)
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.
(3)
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;
(4)
The municipality shall keep a record which lists all nonconforming
uses and nonconforming structures, their present equalized 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;
(5)
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 equalized 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 § 238-28A(1). 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 subsection;
(6)
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 equalized 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 § 238-28A(1).
(7)
If on a per event basis the total value of the work being done as described above equals or exceeds 50% of the present equalized 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 §§ 238-28A(1).
(8)
Except as provided in Subsection B(8), 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 pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value.
(9)
For nonconforming buildings that are damaged or destroyed by a nonflood
disaster, the repair or reconstruction of any such nonconforming building
may 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.
(a)
Residential structures.
[1]
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 238-47B.
[2]
Shall be 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.
[3]
Shall be constructed with electrical, heating, ventilation,
plumbing, air conditioning equipment and other services that are designed
and/or elevated so as to prevent water from entering or accumulating
within the components during conditions of flooding.
[4]
In A Zones, obtain, review and utilize any flood data available
from a federal, state, or other source.
(b)
Nonresidential structures.
C.
A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with § 238-24A, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 238-47 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of § 238-32B(7)(a) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
A.
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:
(1)
Has been granted a permit or variance which meets all ordinance requirements;
(3)
Shall not increase the obstruction to flood flows or regional flood
height;
(4)
Any addition to the existing structure shall be floodproofed, pursuant to § 238-47, by means other than the use of fill, to the flood protection elevation; and
(5)
If any part of the foundation below the flood protection elevation
is enclosed, the following standards shall apply:
(a)
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 enclosed area. The lowest part of the opening can be
no more than 12 inches above the adjacent grade;
(b)
The parts of the foundation located below the flood protection
elevation must be constructed of flood-resistant materials;
(c)
Mechanical and utility equipment must be elevated or floodproofed
to or above the flood protection elevation; and
(d)
The use must be limited to parking, building access or limited
storage.
B.
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 onsite sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, § 238-47C and Chapter SPS 383 of the Wisconsin Administrative Code.
C.
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, § 238-47C and Chapters NR 811 and NR 812 of the Wisconsin Administrative Code.
B.
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 Board of Adjustment, using the procedures established in § 238-43, 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:
(1)
No floor is allowed below the regional flood elevation for residential
or commercial structures;
(2)
Human lives are not endangered;
(3)
Public facilities, such as water or sewer, will not be installed;
(4)
Flood depths will not exceed two feet;
(5)
Flood velocities will not exceed two feet per second; and
(6)
The structure will not be used for storage of materials as described
in § 238-28F.
C.
