The lawful nonconforming use of land or water; or a lawful nonconforming use in a conforming or nonconforming structure; or a lawful nonconforming use on a conforming or nonconforming lot which existed at the time of the adoption or amendment of this Ordinance may be continued although the use does not conform with the provisions of this Ordinance; however:

(a)

Only that portion of the land or water in actual use may be so continued and the use may not be extended, enlarged, substituted, or moved; and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Ordinance.

(b)

Total lifetime structural repairs or alterations to a structure with a nonconforming use shall not exceed 50 percent of the municipality's equalized assessed value of the structure unless it is permanently changed to conform to the use provisions of this Ordinance. Figure 1 describes the method by which the zoning administrator shall determine when modifications to nonconforming uses and structures are equal to 50 percent. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions. Such ordinary maintenance repairs include internal and external painting, decorating, and paneling; the replacement of doors, windows and other nonstructural components; and the maintenance, repair, or replacement of existing sewage systems, water supply systems, or connections to public utilities.

(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.

(d)

Discontinuance. 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 Ordinance.

(e)

Abolishment or destruction. When a structure with a nonconforming use is damaged by fire, explosion, flood, the public enemy, or other calamity to the extent of more than 50 percent of its current equalized assessed value, it shall not be restored except so as to comply with the use provisions of this Ordinance, including the requirements of section 95-117 for nonconforming uses and structures in the FW, FC, and UF Regulatory Areas.

Figure No. 1

IS IT 50 PERCENT YET?

Sample Problem: Let's assume that the owner of a nonconforming house wishes to add a room to the house. If the house had an equalized assessed value of $60,000.00, the property owner would be able to make improvements valued at 50 percent of the present equalized assessed value of the house or $30,000.00. The improvement would have to be built to zoning standards. Any further additions or structural alterations could not be allowed unless the entire structure was changed to meet the requirements for a new structure.

Additions and modifications which are permitted are based upon a time period over the life of the structure as shown above. Therefore, if, in the example above, the property owner constructed a $30,000.00 addition, no further additions could be allowed because the 50 percent improvement limit had been reached. However, let's assume that the addition was valued at $12,000.00 or 20 percent of the equalized assessed value of the structure ($60,000.00). Five years later, the property owner again comes in wishing to add an attached greenhouse. In the meantime, the present equalized assessed value of the house has increased from $60,000.00 to $80,000.00. The value of the greenhouse is $8,000.00 or ten percent of the current equalized assessed value of the structure. The property owner has now accumulated 20 percent plus ten percent or 30 percent of the allowable additions.

Finally, three years later, when the equalized assessed value of the house is $100,000.00, the property owner again comes in wishing to modify his house to the extent of $25,000.00. $25,000.00 is 25 percent of $100,000.00 therefore, the property owner could not make the modification since he had already accumulated 30 percent and an additional 25 percent would be greater than the 50 percent allowed. However, the property owner could make modifications equal to 20 percent of the current equalized assessed value of the home, or $20,000.00.

This example is further clarified in the following table:

NOTE: The base for calculation is not the original value of the home at the time the ordinance is enacted, but is the equalized assessed value of the home at each time the home is modified.

(Ord. No. 2004-04, § 95.0701, 5-25-04)

The conforming use of a conforming structure outside the FW, FC, and UF Regulatory Areas existing at the time of the adoption or amendment of this Ordinance may be continued although the lot area or lot width does not conform to the requirements of this Ordinance.

(a)

Additions and enlargements to such structures are permitted and shall conform to the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this Ordinance.

(b)

Existing conforming structures on nonconforming lots which are damaged or destroyed by fire, explosion, flood, or other calamity, may be reconstructed provided they conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this Ordinance.

(Ord. No. 2004-04, § 95.0702, 5-25-04)

The conforming use of a nonconforming structure outside the FW, FC, UF Regulatory Areas existing at the time of the adoption or amendment of this Ordinance may be continued although the structure's size or location does not conform to the established building setback line along streets or the yard, height, parking, loading, and/or access provisions of this Ordinance.

(a)

Additions and enlargements to existing nonconforming structures with a conforming use are permitted if they conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this Ordinance.

(b)

Existing nonconforming structures with a conforming use which are damaged or destroyed by fire, explosion, flood, or other calamity may be reconstructed and insofar as is practicable shall conform with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of the Ordinance.

(c)

Existing nonconforming structures may be moved and shall conform with all zoning regulations applicable to the location to which they are moved.

(Ord. No. 2004-04, § 95.0703, 5-25-04)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. The board of zoning appeals may permit the substitution of a more restrictive nonconforming use for an existing nonconforming use. Once the board of zoning appeals has permitted the substitution of a more restrictive nonconforming use, the existing use shall lose its status as a legal nonconforming use and the substituted use shall become subject to all the conditions required by the board of zoning appeals.

(Ord. No. 2004-04, § 95.0704, 5-25-04)

(a)

In any residential or agricultural district, a one-family detached dwelling and its accessory structures may be erected on any legal lot of record in the Washington County Register of Deeds Office existing before the effective date or amendment of this Ordinance, provided that the lot or parcel is in separate ownership from any abutting lots, and provided such lot or parcel meets all the following minimum requirements:

(b)

A lot located in a business, manufacturing, institutional, or park district which does not contain sufficient area to conform to the dimensional requirements of this Ordinance may be used as a building site provided that the lot is a lot of record in the county register of deeds office prior to the effective date or amendment of this Ordinance; provided the use is permitted in the zoning district; and provided that the lot or parcel is in separate ownership from any abutting lot. Buildings on nonconforming lots granted permits under this section shall be required to meet the setback and other yard requirements of this Ordinance.

(c)

If two or more lots with continuous frontage, one or more of which contains less land area or width than required by this Ordinance and which have the same ownership as of the effective date or amendment of this Ordinance, the lots involved shall be considered to be an individual parcel for the purpose of this Ordinance.

(Ord. No. 2004-04, § 95.0705, 5-25-04)

Notwithstanding § 62.23(7)(h), Wis. Stats., the repair, reconstruction, renovation, remodeling, or expansion of a legal nonconforming structure, or any environmental control facility related to a legal nonconforming structure, located in a shoreland C-1 Lowland Conservancy District and in existence at the time of adoption or subsequent amendment of this Ordinance is permitted, pursuant to § 61.351(5), Wis. Stats.

(Ord. No. 2004-04, § 95.0706, 5-25-04)

Editor's note— Ord. No. 16-07, § 2, adopted Aug. 1, 2016, repealed § 95-117, which pertained to nonconforming uses and structures in the FW, FC, and UF Regulatory Areas, and derived from Ord. No. 2004-04, § 95.0707, adopted May 25, 2004.