The lawful nonconforming use of land 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 chapter, may be continued although the use does not conform with the provisions of this chapter; however:

(1)

Continuation of nonconforming use. Only that portion of the land or water in actual use may be so continued and the use 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 chapter.

(2)

Discontinuance. 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.

(3)

Abolishment or destruction. 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 current equalized value, it shall not be restored except so as to comply with the use provisions of this chapter, including the requirements of section 44-1232 for nonconforming uses and structures in the FWO and FFO Overlay Districts; provided, however, that for the purpose of promoting the health, safety and general welfare of the city, the plan commission subject to confirmation by the common council may waive this provision to regulate any place, structure or object with a special character, historic interest, archaeological or aesthetic interest or other significant value for the purpose of preserving the place, structure, building or object and its significant characteristics.

(4)

Change to another nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.

(Code 2004, § 17.0901; Ord. No. 2074, 8-19-2003)

The use of a structure outside the FWO and FFO Overlay Districts existing at the time of the adoption or amendment of this chapter may be continued although the lot area or lot width does not conform to the requirements of this chapter.

(1)

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

(2)

Existing conforming structures on nonconforming lots which are damaged or destroyed by fire, explosion, flood, or other calamity, 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 chapter.

(Code 2004, § 17.0902)

(a)

The use of a structure outside the FWO and FFO Overlay Districts 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 to the established building setback line along streets, or the yard, height, parking, loading, and/or access provisions of this chapter.

(b)

An existing nonconforming structure with a conforming use that is damaged or destroyed by fire, explosion, flood, or other calamity, may be reconstructed; however, the replacement structure shall conform to the yard, height, parking, loading, and access provisions of this chapter.

(c)

If a nonconforming structure with a conforming use existed prior to March 2, 2006, and was damaged or destroyed 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. § 62.23(7)(hc). In addition, no limits may be imposed on the costs of the repair, reconstruction, or improvement of the structure.

(d)

Nonconforming structures shall not be structurally or dimensionally altered other than in a manner permitted herein or to bring about conformance with the provisions of this chapter or where otherwise required by state or federal law.

(e)

Modification. Subject to the provisions of this section, structural additions and enlargements to existing legal nonconforming structures may be permitted to the extent that such structural additions and enlargements do not create or increase nonconformity with applicable setback lines or applicable yard, height, parking, loading, or access provisions of this chapter. The process shall be as follows. The applicant shall complete an application in such form as may be required by the city and file the application in the office of the city clerk, along with payment of such fee as may be established by the city from time to time by separate resolution. The city clerk shall refer the completed application to the plan commission and schedule a public hearing, upon class 2 notice. The plan commission shall hold the public hearing and render its decision in writing. The plan commission may grant a modification to allow a structural addition or enlargement that encroaches into the setback requirements of the lot upon finding that all of the following conditions are satisfied:

(1)

The subject structure is legally conforming with respect to use.

(2)

No point on the proposed addition or enlargement shall decrease the nonconforming portion of the structure's distance to a lot line as it existied at the time of the request for a modification.

(3)

The proposed addition or enlargement shall not be contrary to the public interest or detrimental to public health or safety.

(4)

The proposed addition or enlargement shall not be detrimental to the character or property values of the surrounding area.

The decision of the plan commission shall be final and is not subject to review or appeal to the zoning board of appeals. Appeal shall be per Wis. Stats. § 62.23(7)(de)5.

(Code 2004, § 17.0903; Ord. No. 2074, 8-19-2003; Ord. No. 2219, 9-16-2006; Ord. No. 2219.1, § 1, 11-2-2022)

Once a nonconforming use or 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 conforming 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 board of zoning appeals.

(Code 2004, § 17.0904)

(a)

A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 30 feet wide and 3,600 square feet in area, may be used as a single-family building site provided that the use is permitted in the applicable basic use and any overlay zoning district; provided that the lot is of record in the county register of deeds office prior to the effective date of this chapter. Nonconforming lots granted permits under this section shall be required to meet the setback and other yard requirements of this chapter. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance is granted by the board of zoning appeals.

(b)

Lots that are nonconforming due in whole or part to being comprised of unjoined lots, shall be lawfully joined by a certified survey map approved by the city and which shall be recorded by the register of deeds prior to the issuance of any building permit.

(Code 2004, § 17.0905; Ord. No. 2053, 2-4-2003)

Notwithstanding Wis. Stats. §§ 62.23(7)(h) and (hc), the [restoration], repair, reconstruction, renovation, remodeling, or expansion of a legal nonconforming structure, or any environmental control facility related to a legal nonconforming structure, located in C-1 Conservancy District and in existence at the time of adoption or subsequent amendment of this Code is permitted pursuant to Wis. Stats. § 62.231(5) and (5m).

(Code 2004, § 17.0906; Ord. No. 2219, 9-16-2006)

(a)

Modifications to floodplain nonconforming use or structure. In accordance with Wis. Stats. § 62.23(7)(h), no modification to a floodplain nonconforming use or structure shall be permitted that would, over the life of the nonconforming use or structure, exceed 50 percent of the equalized assessed value of the structure at the time of modification, unless the entire structure is changed to a conforming structure with a conforming use or is damaged or destroyed by certain natural causes and may be restored in accordance with Wis. Stats. § 62.23(7)(hc). The percentage shall be derived from the cost of the modification compared to the structure's equalized assessed value at the time of the modification. Ordinary maintenance repairs are not considered structural repairs or alterations. Such ordinary maintenance repairs include internal and external painting, decorating, and paneling; the replacement of doors, windows, and other nonstructural components; and the maintenance, repair, or replacement of existing sewage systems, water supply systems, or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure in a floodplain. The cost of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation is excluded from the 50 percent provision in this paragraph.

(1)

The construction of a deck that does not exceed 200 square feet in size in a floodplain and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the principal structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.

(2)

The building inspector shall maintain records of all floodplain nonconforming uses and structures, and modifications made to floodplain nonconforming uses and structures. Records shall reflect the current equalized assessed value of nonconforming structures, the costs of any modifications that are permitted, and the percentage of the structure's current value that those modifications represent.

(b)

Additional requirements for nonconforming uses and structures in the FWO Overlay District. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the floodway, unless such modification or addition:

(1)

Has been granted a permit or variance that meets the requirements of this chapter.

(2)

Contiguous dry land access will be provided for residential, business, industrial, and institutional uses in compliance with this chapter.

(3)

Will not increase the obstruction to flood flows or regional flood height.

(4)

Any addition to the existing structure shall be floodproofed, pursuant to section 44-1036, by means other than the use of fill, to the flood protection elevation.

(5)

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. Any replacement, repair, or maintenance of an existing on-site sewage disposal system in the floodway shall meet all applicable requirements of city ordinances and Wis. Admin. Code ch. SPS 383.

(6)

No new well or modification to an existing well used to obtain water for ultimate human consumption shall be allowed in the floodway. Any replacement, repair, or maintenance of an existing well in the floodway shall meet all applicable requirements of city ordinances and Wis. Admin. Code chs. NR 811 and NR 812.

(7)

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 the enclosed area. The lowest part of the opening shall 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.

d.

The use must be limited to parking or limited storage.

(c)

Additional requirements for nonconforming uses and structures in the FFO Overlay District. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the floodplain fringe unless such modification or addition:

(1)

Has been granted a permit or variance by the city.

(2)

The modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in this chapter, except where subsection (c)(3) of this section applies.

(3)

Where compliance with the fill or floodproofing provisions of subsection (c)(2) of this section 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 zoning appeals, using the procedures established in article XII, division 2 of this chapter, may grant a variance for modifications or additions which are protected to elevations lower than the flood protection elevation provided:

a.

No floor is allowed below the regional flood elevation for residential or business structures.

b.

Human lives are not endangered.

c.

Public facilities, such as water or sewer, will not be installed.

d.

Flood depths will not exceed two feet.

e.

Flood velocities will not exceed two feet per second.

f.

The structure will not be used for storage of materials described in this chapter.

(4)

An addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in the FFO Overlay District on a one-time basis only, provided that the addition:

a.

Has been granted a permit or variance by the city.

b.

Does not exceed 60 square feet in area.

c.

In combination with other previous modifications or additions to the building, does not exceed 50 percent of the present equalized assessed value of the building.

(5)

All new private sewage disposal systems, or additions to, replacement, repair, or maintenance of, a private sewage disposal system shall meet all applicable provisions of city ordinances and Wis. Admin. Code ch. SPS 383.

(6)

All new wells, or additions to, replacement, repair, or maintenance of a well shall meet all applicable provisions of city ordinances and Wis. Admin. Code chs. NR 811 and NR 812.

(Code 2004, § 17.0907; Ord. No. 2219, 9-16-2006)