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Peshtigo Town City Zoning Code

ARTICLE VI

NONCONFORMING USES, STRUCTURES AND LOTS

Sec. 60-134. Existing nonconforming uses.

  • A.
    Continuation. Except as otherwise specially provided in this chapter, 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 conform with the provisions of this chapter, provided, however:
    1. 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. 2.
      The total lifetime structural repairs or alterations shall not exceed 50 percent of the assessed 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. 3.
      Substitution of new equipment may be permitted by the town board if such equipment will reduce the incompatibility of the nonconforming use with the neighboring use.
  • B.
    Modification. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use. 
  • C.
    Abolishment or replacement. 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 the ordinance from which this chapter is derived. 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 percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.
  • D.
    Transition from nonconforming to conforming. Once a nonconforming use has been changed to conform, it shall not revert back to a nonconforming use.
  • E.
    Substitution. Once the town board has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the town board.
  • (Code 2006, § 13-1-80; Ord. No. 202508-01, 08/19/2025)

    Effective on: 1/1/1901

    Sec. 60-135. Existing nonconforming structures, lots and signs.

  • A.
     Existing. All nonconforming lots, signs and/or structures of record as such at the time of the passage of this chapter shall be known as legal nonconforming lots, signs and/or structures if they were legal according to the requirements of the zoning code in force at the time they were established. (See section 48-2, regarding repair/reconstruction of signs.)
  • B.
     Modification. Nonconforming structures and signs may be extended, enlarged, reconstructed, substituted, moved or structurally altered under the following conditions:
    1. 1.
      Such changes do not cause further encroachment. 
    2. 2.
      Such changes do not exceed 50 percent of the current full market value of the structure when considering fair market cost of the alterations.
    3. 3.
      Such changes are required by law (when applicable).
    4. 4.
      Such changes will allow for compliance with provisions within this chapter (when applicable). 
  • C.
     Abolishment or replacement. When a nonconforming structure or sign is damaged by fire, explosion, flood, the public enemy or other calamity to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the provisions of this chapter.
  • D.
    Transition from nonconforming to conforming. Once a nonconforming structure has been changed to conform, it shall not revert back to a nonconforming structure.
  • (Code 2006, § 13-1-81; Ord. No. 202508-01, 08/19/2025)

    Effective on: 1/1/1901

    Secs. 60-136—60-155. Reserved.

    Effective on: 1/1/1901