(1)

EXISTING NONCONFORMING USES. 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 structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order so as to comply with the provisions of this chapter.

(b)

Total lifetime structural repairs or alterations shall not exceed 50% of the Village equalized value of the structure unless it is permanently changed to conform to the use provisions of this chapter.

(c)

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

(2)

ABOLISHMENT OR REPLACEMENT. 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. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50% of its current assessed value, it shall not be restored, except so as to comply with the use provisions of this chapter. A file of all nonconforming uses shall be maintained by the Zoning Administrator listing the following:

(a)

Owner's name and address.

(b)

Use of structure, land or water.

(c)

Assessed value at the time of its becoming a nonconforming use.

(3)

EXISTING NONCONFORMING STRUCTURES. (Am. Ord. #2-97)

(a)

General. 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, such a structure 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.

(b)

Historic Building Exception. (Am. Ord. #9-10)

1.

Except for legal nonconforming agricultural buildings located within existing or proposed Village, County or State rights-of-way, legal nonconforming agricultural buildings, excluding corn cribs, which exceed 200 square feet and were constructed prior to 1930 may be repaired and reconstructed at a cost exceeding 50% of the assessed value of the building. It shall be the responsibility of the property owner to provide proof of the age and location of the building.

2.

Other regulations pertaining to nonconforming historic buildings and structures are found under Chapter 26 (Historic Preservation).

(c)

Restoration of Certain Nonconforming Structures. (Cr. Ord. #24-10)

1.

Except as provided under subsection 2. below, damaged or destroyed nonconforming structures may be reconstructed and/or restored if the structure will be restored to the same size, location, and use that it had immediately before the damage or destruction occurred if all of the following apply:

a.

The nonconforming structure was damaged or destroyed on or after March 2, 2006.

b.

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

2.

The size of a nonconforming structure that is reconstructed or and/or restored pursuant to subsection 1. above 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.

(d)

Replacement or Extension of Decks on Certain Nonconforming Structures. (Cr. Ord. #01-2021)

1.

Notwithstanding any other provision of this section, where a nonconforming structure in any of the Single-Family Residential Districts contains a deck that is located within any applicable setback, such deck may be reconstructed at the same size and shape.

2.

Notwithstanding any other provision of this section, where a nonconforming structure in any of the Single-Family Residential Districts contains a deck that is located within the applicable rear yard setback, and the rear yard abuts an outlot or subdivision common element, such deck may be reconstructed and enlarged subject to the following:

a.

Such deck shall not be closer than 5 feet from the rear yard lot line;

b.

Such deck shall not be located over any utility or drainage easements;

c.

The building application for such deck must be accompanied by a signed written statement from the subdivision homeowner's association approving the location and design of the deck.

(4)

CHANGES AND SUBSTITUTIONS. 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 restrictive non conforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all conditions required by the Board of Zoning Appeals.

(5)

NONCONFORMING CHARACTERISTICS OF RESIDENTIAL AND AGRICULTURAL STRUCTURES. (Am. Ord. #24-10; Am. Ord. #09-16)

(a)

Subject to subsection (3)(c) above, residential and agricultural structures which encroach upon setback and other yard requirements, but which met setback and yard requirements at the time of construction, may be structurally altered and expanded provided that:

1.

Said structure is not located in any right-of-way;

2.

Such alteration or expansion does not create a greater degree of encroachment;

3.

The extent or size of any such alteration or expansion (measured in square feet), either separately or cumulatively when combined with a previous alteration or expansion, does not exceed 50% of the footprint (in square feet) of the structure at the time said structure became nonconforming.

(6)

EXISTING SUBSTANDARD LOTS. (Cr. Ord. #19-90)

(a)

Individual Lots. An existing single lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 7,200 square feet in area, may be used as a single-family building site provided that the use is permitted in the zoning district; provided the lot is of record in the County Register of Deed's office prior to the effective date of this chapter; and provided that the lot is in separate ownership from abutting lands. Substandard lots shall be required to meet the setbacks 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 approval of a variance by the Board of Zoning Appeals.

(b)

Adjoining Lots. If 2 or more substandard lots with continuous frontage have had the same ownership as of the effective date of this chapter, the classification and use of such lots shall be governed as follows:

1.

When such lots are vacant, they shall be treated as being combined into one or more lots which comply with the lot size, building and yard requirements of the zoning district where located. In the event the district requirements cannot be met by combining such vacant lots, then the resulting lot shall be subject to the requirements of paragraph (a) above.

2.

When 2 such lots have been used as one lot, i.e., by the placement of an accessory building on the adjacent lot or by the encroachment of setback requirements, they shall be treated as one lot.

3.

When one developed lot abuts one undeveloped lot, the undeveloped lot may be treated as a separate lot, provided that both lots meet the requirements of paragraph (a) above.

State law references-nconformimg uses and structures, Wis. Stats. §§ 61.35, 62.23(7)(h), (7)(hf).