This chapter establishes separate zoning districts, each of which is an appropriate location for uses permitted in such district. It is necessary and consistent with the establishment of such zoning districts that those nonconforming uses which affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction. The purpose of article is to provide for the regulation of nonconforming uses and to specify those circumstances and conditions under which such nonconforming uses shall be permitted to continue.

(Comp. Ords. 2000, § 17.19(1))

The existing lawful use of a building or premises at the time of enactment of this section or any amendments thereto may be continued, although such use does not conform to the regulations of this section for the zoning district in which it is located. Such nonconforming use, however, shall not be expanded or extended nor shall such building be structurally altered or enlarged. For the purposes of this section, whenever an existing building or structure, presently complying with the minimum setback regulations set forth in this chapter, becomes nonconforming as to minimum setback from a public street or road right-of-way due to road widening, road relocation, right-of-way acquisition or other public improvement, such building or structure shall be classified as an "existing permitted nonconforming use."

(Comp. Ords. 2000, § 17.19(2) ; Ord. No. 2010-17, § 1, 6-28-2010)

A nonconforming use of a building or premises may be changed to a more restrictive or compatible nonconforming use as long as such building is not structurally altered or enlarged. Whenever a nonconforming use has been changed in this manner, however, such use shall not thereafter be converted back to a less restrictive or less compatible use.

(Comp. Ords. 2000, § 17.19(3))

If a nonconforming use of a building or premises is discontinued or abandoned for a period of 12 months or more, any future use shall conform to the regulations of the zoning district in which such building or premises is located.

(Comp. Ords. 2000, § 17.19(4))

State Law reference— Nonconforming uses, similar provision, Wis. Stats. § 62.23(7)(h).

When a building containing a nonconforming use is damaged by fire, explosion, act of God, or the public enemy to the extent of more than 50 percent of its current local assessed value, it shall be restored in conformity with the regulations of the zoning district in which it is located. The total structural repairs or alterations to any building containing a nonconforming use shall not during its lifetime exceed 50 percent of the local assessed value of the building, unless its use is permanently changed to a use complying with the regulations of the zoning district in which such building is located.

(Comp. Ords. 2000, § 17.19(5))

State Law reference— Nonconforming uses, similar provision, Wis. Stats. § 62.23(7)(h).

A nonconforming structure which is damaged on or after March 2, 2006, by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation may be restored or rebuilt to its size, location, and use that it had immediately before the damage or destruction occurred, except that it may be constructed larger in size to the extent required to comply with applicable state or federal requirements. Such reconstruction shall start within one year from the date of damage or destruction and diligently pursued to completion.

(Ord. No. 2011-14, § 1, 7-25-2011)