(a)

Statement of purposes. This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses be discontinued or reduced to conformity as soon as the fair interests of the parties will permit, or be permitted to continue with certain restrictions. The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.

(b)

Authority to continue. Any nonconforming building, structure or use which existed lawfully at the time of the adoption of the ordinance from which this article is derived and which remains nonconforming and any building, structure, use or land which shall become nonconforming upon the adoption of the ordinance from which this article is derived and any building, structure, use or land which becomes nonconforming upon annexation to the City may be continued subject to the regulations which follow.

(c)

Change of nonconforming use. The nonconforming use of a building, structure or land may be changed to a use that is permitted in the type of district in which the nonconforming building, structure or use is located. After holding a public hearing in accordance with Section 42-272(e), the Plan Commission may authorize a change from one nonconforming use to another nonconforming use of the same district classification in which the existing nonconforming use would normally be a permitted use, or change an existing nonconforming use to a use more appropriate in the type of district in which it is located, if the Plan Commission finds that such changed use will not be contrary to the purposes listed in Section 42-273.

(d)

Repairs, alterations and expansion.

(1)

Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations are made which increase the bulk of the nonconforming building or structure, unless such a structural alteration and the use thereof, conforms to all the regulations of the district in which the building or structure is located.

(2)

The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which the use is presently located, but no changes or structural alterations which increase the bulk of the nonconforming building or structure shall be made unless such changes or structural alterations and the use thereof, conform to all the regulations of the district in which the building or structure is located.

(3)

The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

(4)

The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

(5)

Construction, reconstruction, remodeling and expansion of a detached residential garage which is used solely for residential storage is permitted on land whose principal use is residential and nonconforming. The size of such garage may not exceed 24 feet by 24 feet.

(6)

The expansion of any one-family or two-family dwelling unit which was lawful prior to the adoption of this chapter but which subsequently became a nonconforming use as a direct result of the adoption of this chapter shall be permitted. Only one such expansion shall be allowed over the useful life of the dwelling unit. Such expansion shall be no more than 150 square feet of gross floor area.

(7)

Subsection (d) of this section shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure on any property within the Shoreland-Wetland Overlay District which existed at the time of adoption of the ordinance from which Article XV of this chapter was derived, or of any environmental control facility in existence on May 7, 1982, related to such a structure. The maintenance and repair of nonconforming boathouses located below the ordinary high water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121, as from time to time amended.

(e)

Discontinuance. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of 12 months, it shall not be renewed and any subsequent use of the building, structure, or premises shall conform to the regulations of the district in which such building, structure or premises is located. Exempt from this section are single- and two-family residential structures used for residential purposes which are individually listed on the National Register of Historic Places or single- and two-family residential structures used for residential purposes within an Historic Overlay District.

(f)

Relocation. No building or structure shall be moved in whole or in any part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all the regulations of the district in which it is to be located.

(g)

Restoration. If a nonconforming building or structure is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of its restoration to the condition in which it was before the occurrence, together with the cost of the total structural repairs or alterations made during the lifetime of the building or structure exceeds 50 percent of the assessed value of the building or structure, such nonconforming building may not be restored except in conformity with the regulations of the district in which it is located. If the cost of such a restoration of a destroyed or damaged nonconforming building or structure, together with the cost of the total structural repairs or alterations made during the lifetime of the building or structure, is less than 50 percent of the assessed value of the building or structure, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion. If the restoration is not started within one year of said calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared.

(h)

Special exception. The owner of any one- or two-family dwelling unit which was used exclusively for residential use on June 15, 1981, which has been continuously used for residential use since June 15, 1981, up to the date of the casualty referred to hereafter, and which has continuously been located in a business or industrial zoning district since June 15, 1981, shall, in the event of destruction of the residence by fire or other casualty in an amount greater than 50 percent of assessed value, be permitted to reconstruct such residence on the lot where originally located. The size and number of units of the reconstructed residence shall be no greater than the size and number of units of the original residence. The burden of proof of establishing continuous residential use, size and number of units shall be on the land owner. If said reconstruction is not commenced within a period of 12 months following the casualty, any subsequent reconstruction and use of the building, structure or premises shall conform to the regulations of the district in which such building, structure or premises is located.

(i)

Expansion permitted on existing structures. An existing structure within the districts established by this chapter, which was lawful prior to the adoption of the article from which this chapter is derived but which subsequently became nonconforming only as to setbacks and only as the direct result of the adoption of the ordinance from which this chapter is derived, shall be permitted to continue and may be expanded or extended but only:

(1)

If such building addition shall not extend beyond the established nonconforming setback line; and

(2)

In no event shall the total setback of the subject structure be reduced to an amount less than 50 percent of the setback required by this Code; and if the resulting building expansion is no greater than the area of the existing building.

(Code 1976, § 18.32.050)