Abolishment or replacement.
(a)
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. Replacement or reconstruction of a nonconforming structure or use shall meet Wis. Stats. § 59.69(10m) which states:
"Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to paragraph (b), location, and use that it had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:
(a)
1.
The nonconforming structure was damaged or destroyed on or after March 2, 2006.
(a)
2.
The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.
(b)
An ordinance enacted under this section to which paragraph (a) applies shall allow for the size of a structure to 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)
This section does not apply to floodplain structures or uses. See floodplain provisions and Wis. Stats. § 87.30 for applicable floodplain restrictions regarding damage by flood.
(c)
A current file of all nonconforming uses shall 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 it becoming a nonconforming use.
(Ord. No. 2022-12, § 11.09(b), 10-11-2022)
Abolishment or replacement.
(a)
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. Replacement or reconstruction of a nonconforming structure or use shall meet Wis. Stats. § 59.69(10m) which states:
"Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to paragraph (b), location, and use that it had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:
(a)
1.
The nonconforming structure was damaged or destroyed on or after March 2, 2006.
(a)
2.
The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.
(b)
An ordinance enacted under this section to which paragraph (a) applies shall allow for the size of a structure to 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)
This section does not apply to floodplain structures or uses. See floodplain provisions and Wis. Stats. § 87.30 for applicable floodplain restrictions regarding damage by flood.
(c)
A current file of all nonconforming uses shall 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 it becoming a nonconforming use.
(Ord. No. 2022-12, § 11.09(b), 10-11-2022)