The lawful nonconforming use of land, or water, or a lawful nonconforming structure; or a lawful nonconforming use on a conforming or nonconforming lot which existed at the time of the adoption or amendment of the ordinance from which this article is derived may be continued even though the use does not conform with the provisions of this article; however, and subject to Wis. Stats. § 62.23(7)(ham):

(1)

Unsafe structures. Nothing in this article shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.

(2)

Unsafe uses. Nothing in this article shall permit the continuation of a use, which is either unsafe or otherwise, prohibited pursuant to the police powers granted the village board.

(3)

Alterations. A nonconforming building or structure may be altered, improved or reconstructed, provided that such work (whether in one or multiple projects) is not to an extent exceeding in aggregate cost 50 percent of the assessed value of the building or structure at the time of its becoming a nonconforming use, unless the building or structure is changed to a conforming use. The board of appeals shall determine the assessed value, and shall make such determination on the basis of consultation with appropriate authorities and official records.

(4)

Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building or structure, which existed prior to the enactment of the ordinance from which this article is derived, shall not be deemed the extension of such nonconforming use.

(5)

Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.

(6)

Restoration. Nothing in this article shall prevent the restoration of a damaged or destroyed nonconforming structure in accord with the provisions and standards of Wis. Stats. § 62.23(7)(hc).

(7)

Maintenance. Nothing in this article shall prevent the maintenance, and repairing of a nonconforming building, structure or part thereof, nor prevent compliance with provision of the building code relative to the maintenance of building or structures.

(8)

Abandonment. A nonconforming use of a building or premises, which has been abandoned, shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:

a.

The intent of the owner to discontinue the use is apparent to the board of appeals;

b.

The nonconforming use or structure has not been actively pursued or used for an aggregate of nine out of any consecutive 12-month period;

c.

The characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year, unless other facts show intention to resume the nonconforming use;

d.

It has been replaced by a conforming use; or

e.

It has been changed to another use under permit by the village board.

(9)

Displacement . No nonconforming use shall be extended to displace a conforming use.

(10)

Unlawful use not authorized. Nothing in this article shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of the ordinance from which this article is derived.

(11)

Certificate of nonconforming use. Upon the effective date of the ordinance from which this article is derived, the zoning administrator shall issue a certificate of nonconforming use to all owners of property who would request such certificates.

a.

In accordance with the provisions of this section, no use of land, buildings or structures shall be made other than that specified on the certificate of nonconforming use, unless said use shall be in conformity with the provisions of the use zone in which the property is located.

b.

A copy of each certificate of nonconforming use shall be filed with the office of the zoning administrator. No permit or license shall be issued to any property for which a certificate of nonconforming use has been issued until said permit or license has been approved by the village board. Any permit or license issued in violation of this section shall be null and void.

(12)

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein.

(Ord. No. 2008-1, § 46-751, 8-6-2008)

The use of a structure existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued even though the lot area and/or lot width does not conform to the requirements of this article.

(1)

Additions and enlargements to the structures are permitted and shall conform to the established building setback, height, parking, loading, and access provisions of this article.

(2)

Existing conforming structures on nonconforming lots, which are damaged or destroyed by fire, explosion, or other calamity, may be reconstructed and shall conform to setback, height, parking, loading, access and all other applicable provisions of this article.

(Ord. No. 2008-1, § 46-752, 8-6-2008)

A lot which does not contain sufficient area to conform to the dimensional requirements of this article, but which is at least 65 feet wide and 8,000 square feet in area, may be used as a building site, provided that:

(1)

The use is permitted in the zoning district in which the lot is located.

(2)

The lot is of record in the county register of deeds office prior to the effective date of the ordinance from which this article is derived.

(3)

The lot is in separate ownership from abutting lands.

(Ord. No. 2008-1, § 46-753, 8-6-2008)

The owners of property who want to alter their use that they claim is either a legal nonconforming use or a lawful conditional use should apply for the alteration of said use, or the building in which it is located, with the zoning administrator. The zoning administrator, after a review of village records, may require documentation of the applicant to prove the claim. Based upon a review of the submitted documentation, the zoning administrator may approve or deny the applicant's claim. If denied, the applicant may seek an interpretation of the matter from the zoning board of appeals.

(Ord. No. 2008-1, § 46-754, 8-6-2008)