(a)

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:

(1)

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 or so as to comply with the provisions of this chapter.

(2)

The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of W.S.A., § 30.121.

(3)

Uses which are nuisances shall not be permitted to continue as nonconforming uses.

(4)

This provision is only applicable in floodplain areas; it is not applicable for shoreland nonconforming structures. No structural alteration, addition or repair to any nonconforming building or structure, over the life of the building or structure, shall exceed fifty (50) percent of its equalized assessed value at the time of its becoming a nonconforming use, unless it is permanently changed to a conforming use. The equalized assessed value determination in this paragraph does not apply to floodplain nonconforming uses. For that determination, see section 20-190. If the alteration, addition or repair in excess of fifty (50) percent of the equalized assessed value of an existing nonconforming building or structure is prohibited, the property owner may still make the proposed alteration, addition or repair if:

a.

The nonconforming building or structure is permanently changed to a conforming use;

b.

The property owner appeals the determination of the zoning administrator, and either the board of adjustment or the circuit court find in the property owner's favor under W.S.A., § 59.99(4) or 59.99(10); or

c.

The property owner successfully petitions to have the property rezoned under W.S.A., § 59.97(5)(e), and W.A.C. NR115.05(2)(e), if applicable.

(5)

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

(b)

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

(c)

For the purpose of this chapter, a nonconforming use shall begin as of the time it was made nonconforming by the terms of a preceding ordinance or of an amendment to this chapter.

(Code 1975, § 7.081; Ord. No. 86-17, § 7.081, 7-22-86; Ord. No. 2000-251S, 8-28-01; Ord. No. 2005-155, 1-10-06; Ord. No. 2020-110, 4-13-21)

(a)

If a nonconforming use is discontinued or terminated for a period of twelve (12) months, any future use of the structure, land, or water shall conform to the provisions of this chapter. The structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

(b)

A current file of all nonconforming uses shall, to the extent practical, be maintained by the zoning administrator listing the following: owner's name and address; use of the structure, land, or water; and assessed value at the time of its becoming a nonconforming use.

(Code 1975, § 7.082; Ord. No. 2020-110, 4-13-21)

The 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; 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, or subject to the following requirements:

(1)

An existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the nonconforming structure. Further, an existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be vertically expanded unless the vertical expansion would extend more than thirty-five (35) feet above grade level. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state and federal requirements:

a.

W.S.A § 59.692(1K)(a), 2, 4 and (b) prohibits counties from requiring any approval or imposing any fee or mitigation requirement for the activities specified in section 20-188. However, it is important to note that property owners may be required to obtain permits or approvals and counties may impose fees under ordinances adopted pursuant to other statutory requirements, such as floodplain zoning, general zoning, sanitary codes, building codes, or even stormwater erosion control;

b.

NR 115.05(1)(b)(1m) lists structures that are exempt from the shoreland setback. These structures are considered conforming structures and are not considered nonconforming structures. Structures that were granted variances or illegally constructed are not considered nonconforming structures;

(2)

Alterations, additions and expansions which change the exterior dimensions of the structure so that it conforms to the dimensional rules of this chapter are allowed;

(3)

Alterations, additions and expansions which change the exterior dimensions of the structure, but which do not increase the dimensional nonconformity beyond that which existed before the work commenced, are allowed;

(4)

No alterations, additions or expansions may occur which will increase the dimensional nonconformity.

(Code 1977, § 7.083; Ord. No. 86-86, § 7.083, 8-26-86; Ord. No. 2020-110, 4-13-21)

An existing principal structure that was lawfully placed when constructed, but that does not comply with the required shoreland building setback per section 20-1045 may be expanded, provided that all of the following are met:

(1)

The use of the structure has not been discontinued for a period of twelve (12) months or more if a nonconforming use.

(2)

The existing principal structure is at least thirty-five (35) feet from the ordinary high-water mark.

(3)

Lateral expansions are limited to a maximum of 200 square feet over the life of the structure. No portion of the expansion may be any closer to the ordinary high-water mark than the closest point of the existing principal structure.

a.

NR 115.05(1)(b)(1m) lists structures that are exempt from the shoreland setback. These structures are considered conforming structures and are not considered nonconforming structures. Structures that were granted variances or illegally constructed are not considered nonconforming structures.

(4)

The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the county mitigation standards of section 20-1046.

(5)

All other provisions of the shoreland ordinance shall be met.

(Ord. No. 2020-110, 4-13-21)

An existing principal structure that was lawfully placed when constructed, but that does not comply with the required shoreland building setback may be expanded horizontally, landward or vertically provided that the expanded area meets the building setback requirements and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for expansion under this paragraph, but may be required per maximum impervious surface requirements.

(Ord. No. 2020-110, 4-13-21)

An existing principal structure that was lawfully placed when constructed but that does not comply with the required shoreland building setback may be relocated on the property provided all of the following requirements are met:

(1)

The use of the structure has not been discontinued for a period of twelve (12) months or more if a nonconforming use.

(2)

The existing principal structure is at least thirty-five (35) feet from the ordinary high-water mark.

(3)

No portion of the replaced or relocated structure is located any closer to the ordinary high-water mark than the closest point of the existing principal structure.

(4)

The county determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for replacement of relocation that will result in the compliance with the shoreland setback requirement.

(5)

The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the county mitigation standards of section 20-1046 to include enforceable obligations of the property owner to establish or maintain measures that the county determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat, and nature scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under mitigation plan shall be evidenced by an instrument recorded in the office of the Racine County Register of Deeds.

(6)

All other provisions of the shoreland ordinance shall be met.

(Ord. No. 2020-110, 4-13-21)

A structure of which any part has been authorized to be located within the shoreland setback area by a variance granted before July 13, 2015 may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure. Additionally, the structure may be vertically expanded unless the vertical expansion would extend more than thirty-five (35) feet above grade level. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

(Ord. No. 2020-110, 4-13-21)

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 adjustment 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 board of adjustment.

(Code 1975, § 7.084)

Editor's note— Ord. No. 2011-131S, adopted April 10, 2012, repealed § 20-190 which pertained to floodplain nonconforming uses and derived from § 7.085 of the 1975 Code; Ord. No. 94-155, § 2, adopted Nov. 10, 1994; Ord. No. 2005-155, adopted Jan. 10, 2006; and Ord. No. 2011-61, adopted Nov. 8, 2011.

(a)

A substandard lot is one which:

(1)

Does not contain sufficient width, depth or area to conform to the dimensional requirements of this chapter, and

(2)

Was a legal lot or parcel of record in the office of the county register of deeds prior to the original adoption of this chapter or any applicable amendment to this chapter.

(b)

Such a lot located in a residential, business, industrial or institutional district may be used as a single building site provided that the use is permitted in the district and provided that there is compliance with each of the requirements of this section, was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one (1) property tax parcel, and has never been developed with one (1) or more of its structures placed partly upon an adjacent lot or parcel. Except for lots which meet these requirements, a building permit for the improvement of a lot having lesser width, depth or area to conform to the dimensional requirements of this chapter shall be issued only if a variance is granted by the board of adjustment.

(c)

All shoreland lots created after the adoption of the ordinance from which this chapter is derived shall have a minimum 65-feet lot width (sewered) and 100-feet width (unsewered); ten thousand (10,000) square feet (shoreland sewered), twenty thousand (20,000) square feet (shoreland unsewered).

(d)

All non-shoreland substandard lots in separate ownership shall comply with all relevant district requirements insofar as practicable, as determined in accordance with section 20-31 et seq., but shall in no event be less than the following:

(e)

The sanitary regulations of section 20-987 and the floodland regulations of section 20-816 et seq. (such as the prohibition against erecting a dwelling or accessory structure in a floodway or floodplain shall apply to this section).

(Code 1975, § 7.086; Ord. No. 82-141, § 7.086, 11-9-82; Ord. No. 91-130, § 7.086, 11-5-91; Ord. No. 93-183, 1-11-94; Ord. No. 2000-251S, 8-28-01; Ord. No. 2003-197, 2-12-04; Ord. No. 2020-110, 4-13-21)

Cross reference— Schedule of deposits for violation of the provisions in this section, § 5-3.

(a)

The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of nonconforming use. Only that portion of an existing structure which is above the elevation of a protected surface shall be regarded as nonconforming.

(b)

Nothing contained herein shall be construed to prohibit the completion of any construction for which a valid zoning permit from the county is in effect as of the date of adoption of this chapter provided such completion is diligently pursued.

(c)

Consistent with the provisions of section 20-986, no zoning permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this chapter.

(Code 1975, § 7.087)