The lawful nonconforming use of land without structures, or water; or a lawful nonconforming use in a conforming or nonconforming structure; or a lawful nonconforming use on a conforming or nonconforming lot which existed at the time of the adoption or amendment of this article may be continued although the use does not conform with the provisions of this article; however:

(1)

Continuation limited. Only that portion of the land or water in actual use may be so continued and the use may not be extended, enlarged, substituted or moved; and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this article.

(2)

Discontinuance. If the 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 article.

(3)

Abolishment or destruction. When a structure containing a nonconforming use is damaged by fire, explosion, flood, accident, the public enemy, or other calamity to the extent that the cost of repairs exceeds 50 percent of its current equalized or fair market value, it shall not be restored except so as to comply with the use provisions of this article. Continued repairs shall not exceed 50 percent over the life of the structure.

(Code 2003, § 13-1-80)

(a)

The conforming use of a conforming structure existing at the time of the adoption or amendment of this article may be continued although the lot area or lot width does not conform to the requirements of this article.

(b)

Additions and enlargements to the structures are permitted and shall conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this article.

(Code 2003, § 13-1-81)

The conforming use of a nonconforming structure existing at the time of the adoption or amendment of this article may be continued although the structure's size or location does not conform with the established building setback line along streets, or other yard requirements, or height provisions of this article.

(1)

Additions or enlargement. Additions and enlargements to existing nonconforming structures with a conforming use are permitted and shall conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this article.

(2)

Existing nonconforming structures. Existing nonconforming structures with a conforming use which are damaged or destroyed by fire, explosion, flood, or other calamity, to the extent that the cost of repairs exceeds 50 percent of its current equalized or fair market value may be reconstructed and shall conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this article. The zoning board of appeals may, upon the presentation of evidence showing a practical difficulty, permit modification to the yard, height, parking, loading and access requirements.

(3)

Existing nonconforming structures; moving of. Existing nonconforming structures may be moved and shall conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this article.

(Code 2003, § 13-1-82)

Once a nonconforming use or structure has been changed to conform, 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 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.

(Code 2003, § 13-1-83)

Floodland nonconforming uses repaired or altered under the nonconforming use provisions of this article shall provide for floodproofing to those portions of the structures involved in the repair or alteration. Certification of floodproofing shall be made to the building inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood.

(Code 2003, § 13-1-84)

Notwithstanding Wis. Stats. § 62.23(7)(h), 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 article is permitted pursuant to Wis. Stats. § 61.351(5).

(Code 2003, § 13-1-85)