Within the Zoning Districts established by this Ordinance, there may be uses, buildings, structures, and lots that do not conform to the provisions of this Ordinance. The purpose of this Article is to specify those circumstances and conditions under which these nonconforming uses, buildings, structures, and lots shall be permitted to continue.

A lawful nonconforming building or structure existing as of January 1, 2015 maybe continued although it does not conform to the provisions of this Ordinance with respect to bulk characteristics including, but not limited to, setback, height, density, parking facilities, amount of parking, and style, provided that any additions or enlargements shall conform to the provisions of this Ordinance.

Note: In 2011 the Wisconsin Legislature changed the rules regarding non-conforming structures. The 2011 Wisconsin Act 70 became effective April 17, 2012, and amended the nonconforming use section of the General Zoning Enabling Statutes to prohibit a city from enacting an ordinance that prohibits or limits, based on costs, the repair, maintenance, renovation, or remodeling of a non-conforming structure.

1. No new basements, additional stories, or construction outside of the perimeter of existing nonconforming structures or buildings shall be permitted unless the proposed construction complies with all applicable provisions of this Ordinance.
2. The replacement of an existing nonconforming porch or deck is permitted provided the replacement porch or deck is confined to the existing three dimensional footprint of the existing porch or deck.
3. The replacement of an existing roof is permitted provided the replacement roof is confined to the footprint of the existing structure. A flat roof may be replaced with a pitched roof provided the pitched replacement roof does not exceed the height requirements of this Ordinance and provided no additional stories are added to the structure or building.
4. Additions and modifications to legal nonconforming structures that comply with the applicable setback and other applicable dimensional requirements of this Ordinance are permitted.

A lawful nonconforming building or structure existing as of January 1, 2015 that has been damaged or destroyed may be restored to the size, location, and use that it had immediately before the damage or destruction occurred, provided that:

1. The nonconforming building or structure was damaged or destroyed on or after March 2, 2006;
2. The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation; and
3. The size of the restored building or structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure or building to comply with applicable State or Federal requirements.

Per Wisconsin Statutes §62.23(7)(h), the lawful nonconforming use of a building, structure, or land existing as of January 1, 2015 may be continued although it does not conform to the provisions of this Ordinance, provided that:

1. Structural repairs and/or structural alterations to the building or structure shall not exceed 50% of the total assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use. A cumulative total of all structural costs shall be maintained by the City;
2. The nonconforming use shall not be expanded; and
3. If the nonconforming use is discontinued for a period of 12 months, any future use of the building, premises, structure, or fixture shall conform to this Ordinance.

A lawful nonconforming lot existing as of January 1, 2015 may be continued although it does not conform to the provisions of this Ordinance, provided that the size and shape of the lot shall not be changed in any way to increase the nonconformity.

1. Nonconforming Lots of Record: In any district, a building or structure may be established on a lot of record existing as of January 1, 2015, regardless of the size of the lot, provided that all other requirements of this Zoning Ordinance are complied with.