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Barneveld City Zoning Code

ARTICLE IX

Nonconforming Uses, Structures and Lots

§ 280-63 Existing nonconforming uses.

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, 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 so as to comply with the provisions of this chapter.
Total lifetime structural repairs or alterations shall not exceed 50% of the current assessed value of the structure unless it is permanently changed to conform to the use provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Changes of use may be permitted by the Board of Appeals if such changes will reduce the incompatibility of the nonconforming use with the neighboring uses.

§ 280-64 Abolishment or replacement.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 structure used for a lawful nonconforming use 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.

§ 280-65 Existing nonconforming structures.

[Amended 4-7-2008 by Ord. No. 08-03-02]
A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter 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.
A lawful nonconforming structure may be maintained, repaired, remodeled, enlarged or structurally altered so long as the nonconformity is not extended, enlarged or in any way made more nonconforming to the requirements of this chapter. Except as expressly authorized in the preceding sentence, a lawful nonconforming structure shall not be extended, enlarged, reconstructed, moved or structurally altered, except when required to do so by law or order.
A lawful nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation may be restored or reconstructed pursuant to the regulations set forth in § 62.23(7)(hc), Wis. Stats.

§ 280-66 Changes and substitutions.

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.

§ 280-67 Nonconforming lots.

A lot which does not contain sufficient area to conform to the dimensional requirements of the chapter but which is at least 40 feet wide and 4,000 square feet in area may be used as a single-family building site, provided that the use is permitted in the zoning district, providing the lot is of record in the County Register of Deeds' office prior to the effective date or amendment of this chapter.