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 comply with the provisions of this chapter; however:

(1)

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, or so as to comply with the provisions of this chapter.

(2)

Total lifetime structural alterations shall not exceed 50% of the current market value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

(3)

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

(4)

A current file of all nonconforming uses shall be maintained by the Building Inspector listing the following: owner's name and address, use of the structure, land, water and equalized value at the time of its becoming a nonconforming use.

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 market value at the time of becoming nonconformable, it shall not be restored except as to comply with the use provisions of this chapter.

(1)

Nonconforming structures existing at the time of the adoption or amendment of this chapter may be continued although their size or location do not conform with the lot width, lot area, yard, height, parking, loading and access provisions of this chapter. Such structures shall not be extended, enlarged, reconstructed, moved or structurally altered except in one or more of the following circumstances:

(a)

When required to do so by law or order of the Building Inspector; or

(b)

So as to comply with the provisions of this chapter; or

(c)

By application to the Board of Zoning Appeals (see §17.88); or

(d)

Repair, maintenance, renovation, remodeling, and restoration can be conducted under circumstances allowed by §62.23(7)(hb) or (hc), Wis. Stats., in full compliance with such statutes.

(2)

Should a structure be determined by the Plan Commission to be a historical structure as defined in this chapter, and the use of the structure conforms to the uses allowed by the zoning district in which it is located, then that structure may be allowed to continue as follows:

(a)

Such structure may be totally rebuilt if, and only if, such reconstruction is identical in all respects to the size, shape, height, location, footprint, style, and use of the original structure, but not be added to extended or enlarged.

(b)

Subject to Plan Commission approval, a legal nonconforming structure containing conforming uses may be reduced in size, may have its shape modified, may have its height lowered and may have its style modified, as long as the proposed structure is identical in all respects to the location, footprint and use of the original structure.

Nonconforming lots on record in the County Register of Deeds office before the effective date or amendment of this chapter may be used in conformance with the use regulations of the district in which they are located. Nonconforming lots shall be in separate ownership from abutting lands. If abutting lands and a substandard lot are owned by the same owner the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership all the district requirements shall be complied with insofar as practical. If minimum open space, set back and yard requirements cannot be met, the lot may be used only with the approval of the Board of Zoning Appeals. See §17.88(9).

Once a nonconforming use or structure has been changed to conform it shall not revert back to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for the existing nonconforming use it shall become subject to all the conditions required by the Zoning Board of Appeals.

Residential structures which encroach upon setback and other yard requirements, but which met setback and yard requirements at the time of construction and which comply with the use regulations of the district in which they are located may be structurally altered provided they do not create a greater degree of encroachment or a greater degree of nonconformity.

Nothing contained in this chapter shall require any change in the plans, construction size or designated use of any building or part thereof for which a building permit has been issued before the effective date of this chapter and the construction of which shall have been substantially undertaken on site within 6 months from the date of such permit. Any use of such building or premises which does not conform to the use regulations of the district in which located shall be considered a legal nonconforming use subject to regulation as such.

(1)

Conditional use status may be granted to existing legal nonconforming uses, existing legal nonconforming structures and existing legal nonconforming lots upon petition of the owner where such use, structure or lot is determined to not be any of the following:

(a)

Adverse to public health, safety or welfare.

(b)

In conflict with the spirit or intent of this chapter.

(c)

Otherwise detrimental to the community and particularly the surrounding neighborhood.