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Farmington Town Jefferson County
City Zoning Code

Sec. 22-738

Existing nonconforming uses.

The lawful nonconforming uses of a structure, land or water existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued, some for specific periods of time, 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 authorized by state law or required to do so by law or order so as to comply with the provisions of this chapter.

(2)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the structural members of the existing structure with additions not exceeding 50 percent of existing foundation footprint whether vertical or horizontal, and the addition shall meet all setbacks at the time of it becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter. Any alteration, structural member replacement or repair or addition to a structure with an existing nonconforming use shall also meet all the requirements of article X of this chapter, the county floodplain provisions, and Wis. Stats. § 87.30.

(3)

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.

(4)

One new structure may be constructed on the premises if all yard requirements of the district can be met. This structure cannot increase the gross cubage of the buildings by more than 40 percent.

(5)

Land area upon which use is located may be expanded not more than 30 percent of the square feet of land area existing on the adoption date of the ordinance from which this chapter is derived.

(Ord. No. 2022-12, § 11.09(a), 10-11-2022)