1. Applicability and intent. Any use of land or structures, or any lot or structure which existed at the effective date of adoption or amendment of this chapter which would not be permitted or permissible by the provisions of this chapter as adopted or amended, shall be deemed nonconforming. It is the intent of this chapter to permit such nonconformities to continue, subject to certain restrictions.
2. Nonconforming uses of land or land with minor structures only. Where, at the effective date of the ordinance from which this chapter is derived, a use of land exists which would not be permitted or permissible in the district in which it is located, and where such use involves a structure with a replacement value of less than $10,000.00, such use may be continued subject to the following restrictions:
   1. Such use shall not be enlarged, increased, or extended to occupy a greater area of the lot than was occupied at the effective date of the ordinance from which this chapter is derived.
   2. Such use shall not be moved, in whole or in part, to any other portion of the lot other than the portion occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived.
   3. When such use is discontinued or abandoned for a period of more than 12 consecutive months for any reason whatever, or when such use is replaced by a permitted or permissible use, a nonconforming use shall not be resumed.
   4. No additional structure in connection with such use shall be erected.
3. Nonconforming uses of structures. Where, at the effective date of the ordinance from which this chapter is derived, the use of a structure exists which would not be permitted or permissible in the district in which it is located, and where such use involves a structure with a replacement value exceeding $10,000.00, such use may be continued subject to the following restrictions:
   1. No existing structure devoted to a use not permitted or permissible shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted or permissible in the district in which it is located.
   2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of adoption or amendment of this chapter. Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building, nor any other building not used for such nonconforming use.
   3. There may be a change in tenancy, ownership, or management of a nonconforming use, provided that there is no change in the nature or character of such nonconforming use.
   4. When such use of a structure is discontinued or abandoned for a period of more than 12 consecutive months for any reason whatever, or when such use is replaced by a permitted or permissible use, a nonconforming use shall not be resumed.
   5. If a structure occupied by a nonconforming use is removed or destroyed, or damaged to an extent of more than 50 percent of its replacement cost at the time of destruction, the nonconforming use shall not be resumed.
4. Nonconforming structures. Where, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, a structure exists which could not be erected in the district in which it is located by reason of restriction on lot area or coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may continue in existence subject to the following restrictions:
   1. Such structure shall not be altered in any manner which would increase the degree of nonconformity. The total structural repairs or alterations in such nonconforming structure shall not, during its life, exceed 50 percent of the replacement cost of the structure.
   2. If such structure is destroyed or damaged to an extent of less than 50 percent of its replacement cost at the time of destruction, it may be reconstructed, provided that reconstruction shall substantially reflect the prior structural arrangement and shall not increase the degree of nonconformity. If such structure is destroyed or damaged to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the district in which it is located.
5. Nonconforming characteristics of use. If characteristics of use such as lighting, parking, noise, or other matters pertaining to the use of land, structures, and premises are made nonconforming by the provisions of this chapter as adopted or amended, no change shall be made in such characteristics of use which increases the nonconformity; provided, however, that changes may be made which do not increase, or which decrease, such nonconformity.
6. Nonconforming lots of record.
   1. In any district, any permitted or permissible structure may be erected on a single lot of record at the effective date of the ordinance from which this chapter is derived. This provision shall apply even though such lot fails to meet the requirements of lot area, lot width, or both for the district in which it is located, provided such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership, and provided all other requirements for the district are met.
   2. If two or more lots, or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of the ordinance from which this chapter is derived, the lands involved shall be considered to be an individual parcel for the purposes of this chapter, and no portion of such parcel shall be used, divided, or sold which does not meet the lot area and lot width requirements for the district in which it is located.
7. Nonconforming signs.
   1. No nonconforming signs shall be altered in any manner which would increase the degree of nonconformity. A legal nonconforming sign shall lose this designation if the sign is relocated or replaced or the structure or size of the sign is altered in any way, except for change of copy or normal maintenance, except towards compliance with this chapter. The legal nonconforming sign is subject to all requirements of this chapter regarding safety, maintenance, and repair. If such a sign is destroyed or damaged to an extent of more than 50 percent of its replacement cost at the time of destruction, such sign shall be replaced as a conforming sign. If a nonconforming sign is destroyed or damaged to an extent of less than 50 percent of its replacement cost at the time of destruction, it may be reconstructed, provided that any reconstruction does not increase the degree of nonconformity which previously existed.
   2. In the commercial core district, any nonconforming sign, the original cost of which was less than $2,500.00, shall be removed or altered to comply with the provisions of that district within two years of the effective date of the ordinance from which this chapter is derived. Signs that originally cost from $2,500.00 to $5,000.00 shall be removed or altered to comply with the provisions of that district within three years of the effective date of the ordinance from which this chapter is derived. Signs that originally cost more than $5,000.00 shall be removed or altered to comply with the provisions of that district within five years of the effective date of the ordinance from which this chapter is derived.
8. Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.
9. Repairs and maintenance. Nothing in this chapter shall be deemed to prevent normal maintenance or repair of any structure, or to prevent restoring to a safe condition any structure declared to be unsafe.
10. Existing special exceptions. Any use or structure existing on the effective date of the ordinance from which this chapter is derived which is classified as a special exception in the district in which it is located shall be deemed to have been granted approval, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement, or change in such use or structure shall require approval subject to section 17.47.
11. Additional provisions for floodplain districts. In addition to the provisions of this section, the following requirements shall apply to floodplain districts:
    1. Floodway districts. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway, unless the following criteria are met:
       1. The modification or addition will not increase the amount of obstruction to flood flows as provided in section 17.40(3).
       2. Any addition to the structure shall be floodproofed, pursuant to section 17.40(6), by means other than the use of fill, to the flood protection elevation.
       3. No new on-site sewage disposal system or addition to an existing system, except where an addition has been ordered by a government agency to correct a health hazard, shall be allowed. Any replacement, repair, or maintenance of an existing on-site sewage disposal system shall meet applicable requirements of all land ordinances and all applicable chapters of state safety and professional services regulations (Wis. Admin. Code SPS).
    2. Flood fringe districts. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the flood fringe, unless the modification or addition is placed on fill or is floodproofed to the flood protection elevation as provided in section 17.40(6), except where compliance with this requirement would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of appeals, under section 17.50(3)(b), may grant a variance subject to the following criteria: human lives are not endangered; public facilities, such as water or sewer, are not to be installed; flood depths will not exceed two feet; flood velocities will not exceed two feet per second; and the structure will not be used for storage of materials described in section 17.30.00. In addition to the requirements in this section, all new on-site sewage systems and all new wells or additions to, replacements, repair, or maintenance thereof shall meet all applicable provisions of all local ordinances and Wis. Admin. Code chs. SPS 383, NR 111 and NR 112.

(Code 2011, § 17.11)