§ 46-18. Nonconforming uses, structures and lots.

(a)

Existing nonconforming uses and structures. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although the use does not conform with the provisions of this chapter; however:

(1)

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.

(2)

Total lifetime structural repairs or alterations to a nonconforming structure shall not exceed 50 percent of the municipality's equalized assessed value of the structure at the time it became a nonconforming structure unless section 46-18(b) applies or it is permanently changed to conform to the provisions of this chapter. Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Some examples of ordinary maintenance repairs include painting, calking and decorating; and the repair or replacement of doors, windows, utilities, and sewage and water supply systems.

(3)

Substitution of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use or structure with the neighboring uses.

(b)

Abolishment or replacement. 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 a structure with a nonconforming use is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50 percent of its equalized assessed value, it shall not be restored except so as to comply with the use provisions of this chapter. Existing nonconforming structures with a conforming use which are damaged or destroyed by fire, explosion, flood or other calamity shall, when reconstructed, conform to the established setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter. If a nonconforming structure with a conforming use was damaged or destroyed after March 1, 2006, by violent wind, vandalism, fire, flood, ice, snow, mold or infestation, such structure may be restored to the size, location, and use that it had immediately before the damage or destruction occurred in accordance with Wis. Stats. §§ 61.351(5m) and 62.23(7)(hc). In addition, no limits may be imposed on the costs of the repair, reconstruction or improvement of said structure. A file of all nonconforming uses and structures shall be maintained by the building inspector listing the following: owner's name and address; use of the structure, land or water; and assessed value at the time of it becoming a nonconforming use or structure.

(c)

Existing nonconforming structures. The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although its size or location does not conform with 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.

(d)

Floodplain nonconforming uses and structures. Floodplain nonconforming uses and structures that are to be repaired or altered shall comply with division 5 of article X of this chapter.

(e)

Wetland nonconforming uses. Notwithstanding Wis. Stats. § 62.23(7)(h) and (hc), 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 lowland conservancy district and in existence at the time of adoption or subsequent amendment of the ordinance from which this chapter is derived is permitted pursuant to Wis. Stats. § 61.351(5) and (5m).

(f)

Changes and substitutions. Once a nonconforming use has been changed to a conforming use or a substandard structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of zoning appeals 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 zoning board of appeals.

(g)

Nonconforming characteristics of residential structures. Residential structures which encroach upon the yard requirements of this chapter, but which met yard requirements at the time of construction, may be structurally altered, provided that they do not create a greater degree of encroachment.

(h)

Existing nonconforming (substandard) lots. See section 46-926(g).