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)

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)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the city's equalized assessed value of the structure at the time of its becoming a nonconforming structure unless it is permanently changed to conform to the use provisions of this chapter. In the case of tax-exempt structures, fair market value shall be used instead of the city's equalized assessed value. [See section 13-1-70(o)(1)c regarding exemption from nonconforming status for historic structures.]

(c)

Substitution of new equipment may be permitted by the plan commission if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(d)

Repairs and alterations permitted under the provisions of this chapter to nonconforming structures located on floodlands shall include floodproofing to those portions of the building or structure involved in such repairs or alterations. Certification of floodproofing shall be made to the zoning administrator 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 level for the particular area.

(e)

Conforming conditional uses. See section 13-1-226 for uses existing at the effective date of this chapter, which would be classified as conditional uses under this chapter.

(a)

Discontinued use. 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)

When a nonconforming structure is damaged by fire, explosion, flood, or other calamity, to the extent of more than 50 percent of its current equalized value, it shall not be restored except so as to comply with the use provisions of this chapter.

(c)

A current file of all nonconforming uses and structures shall be maintained by the zoning administrator listing the following: property location; use of the structure, land or water; and the date that the structure or use became nonconforming.

The use of a structure existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform with the established building setback line along streets, or the yard, height, parking, loading, access, and lot area provisions of this chapter. Structures designated as "preservation structures" pursuant to section 13-1-70 shall be exempt from the provisions of this section:

(a)

Additions and enlargements to existing substandard 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 chapter. The provisions of this section with respect to additions or enlargements are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is served by a public sanitary sewer.

(b)

Existing substandard structures which are damaged or destroyed by fire, explosion, flood, or other calamity may be reconstructed and insofar as is practicable shall conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this section. The provisions of this section with respect to reconstruction are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is served by public sanitary sewer.

(c)

Existing substandard structures may be moved and, insofar as is practicable, shall conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this ordinance. The provisions of this section, with respect to moving, are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is served by public sanitary sewer.

(d)

All buildings classified as legal conforming and legal nonconforming as regards Floor Area Ratio and Lot Coverage Percentage prior to January 16, 2004 shall be classified and considered as legal conforming subsequent to this ordinance change. Any building so classified that is damaged or destroyed may be rebuilt at its previous Floor Area Ratio and Lot Coverage Percentage unless located within an area in which the zoning has changed since the building was constructed, or in the city's ultimate road right-of-way or within a documented easement area. Such damaged or destroyed structures that are located within an area that has been rezoned shall be treated in accordance with section 13-1-141 of the city's Zoning Code. Such damaged or destroyed structures that are located within the city's ultimate road right-of-way or documented easement area shall be rebuilt in accordance with a plan commission approved location.

(Ord. No. 2004-01)

Once a nonconforming use has been changed to a conforming use or a substandard structure has been altered so as to comply with this chapter, it shall not revert back to a nonconforming use or substandard structure. Once the 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 zoning board of appeals.

(a)

Floodland nonconforming uses repaired or altered under the nonconforming use provisions of this Code shall provide for floodproofing to those portions of the structures involved in such repair or alteration. Certification of floodproofing shall be made to the zoning administrator 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.

(b)

Nonconforming mobile homes (manufactured homes), mobile home parks, and mobile home subdivisions shall comply with the requirements for nonconforming residential structures. Existing mobile homes in any floodland district that have been substantially damaged shall be elevated on a permanent foundation or pad such that the elevation of the foundation or pad is at or above the 100 year recurrence interval flood elevation; the first floor of the mobile home is at or above the floodplain protection elevation; and the mobile home shall be securely anchored to the foundation system to resist flotation, collapse, and lateral movement. Recreational vehicles shall not be considered to be mobile homes (manufactured homes).

Notwithstanding Wis. Stats. § 62.23(7)(h), the repair, reconstruction, renovating, remodeling or expansion of a legal nonconforming structure located in the C-1 Shoreland Wetland/Conservancy District and in existence at the time of adoption or subsequent amendment of this chapter adopted pursuant to Wis. Stats. § 62.231, or of an environmental control facility in existence on May 7, 1982, related to that structure is permitted pursuant to Wis. Stats. § 62.231(5). Wis. Stats. § 62.23(7)(h), however, applies to any environmental control facility that was not in existence on May 7, 1982, but was in existence on the effective date of this chapter or amendment.

For existing substandard lots, see section 13-1-107.

If the zoning administrator determines that the Federal Fair Housing Act, the Wisconsin Open Housing Law or the Americans with Disabilities Act requires the allowance of any portion of a building addition or remodeling or reconstruction project, that portion of the project costs that are necessary to provide equal housing opportunity, or equal access to public accommodations, for handicapped or disabled persons shall not be counted in determining whether or not the 50 percent limit on structural repairs or alterations would be exceeded.

(Ord. No. 99-28)