There may be existing lots, structures, uses, and signs in the Village that were lawfully established but that do not now comply with one or more provisions of the zoning district in which they are located.

It is not the intent of this chapter to perpetuate and/or encourage the long-term continuance of nonconformities because they are inconsistent with the requirements and character of the zoning districts involved, or to permit nonconformities to be enlarged, expanded, or extended except as provided for herein.

State law permits the reconstruction of nonconforming structures under certain circumstances.

Content of registry. The Zoning Administrator may develop and maintain a registry of lots known by him or her to be considered nonconforming, buildings known by him or her to be considered nonconforming, and land uses known by him or her to be considered nonconforming and those which have registered as a nonconforming use consistent with the requirements in Article 5.

Form of registry. At the discretion of the Zoning Administrator, the registry may consist of either a written list or digital records.

Disclaimer. Given the nature of the registry, the Village does not warrant that such information is complete and/or accurate in all respects.

Generally. A legal nonconforming lot that is more than 7,500 square feet may be used for an allowable use, provided that such use complies with all other requirements in this chapter, including development standards of the zoning district in which the lot is located.

Alteration of property boundary lines. The location of a property boundary line of a nonconforming lot shall not be modified by any means, except as set forth in the Village's land division regulations (Chapter 330).

Generally. A legal nonconforming building may be used for any conforming use.

Enlargement. A nonconforming building that is used for a conforming use may be enlarged, provided that the building addition complies with all requirements and the Plan Commission authorizes such enlargement pursuant to the requirements in Article 5.

Building addition within setback.

New foundation/basement. The placement of a new foundation or basement under an existing nonconforming building that is not located in the 100-year floodplain is permitted, provided that the foundation or basement does not extend beyond the vertical extent of the existing exterior wall.

Unsafe conditions. Nothing in this article shall preclude the Building Inspector or any other Village official from initiating remedial or enforcement actions when a nonconforming building is declared unsafe or presents a danger to the public health, safety, or welfare; constitutes a public nuisance; or is in violation of any licensing regulation.

Ordinary repair and maintenance, and remodeling. Nothing in this article shall be deemed to prohibit or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming building.

Reconstruction following damage. A nonconforming building that is damaged by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation on or after March 2, 2006, may be restored to its condition (e.g., size, location, and use) prior to the damage, except the building may be larger when necessary to comply with state or federal requirements.[1]

Relocation. A nonconforming building shall not be moved or relocated to any other location on the lot unless such building is made to conform to all regulations of the zoning district in which it is located.

Generally. A legal nonconforming use may continue to exist so long as it remains otherwise lawful, subject to the provisions in this section.

Conditional use. Any conditional use approval granted pursuant to conditional use authority that has since been repealed and that was in effect, and the use was in operation on the date of such repeal, that is no longer an allowed use of the property, shall be allowed to continue as a conditional use subject to all conditions stated in the conditional use approval. Any such conditional use approval that requires compliance with a section of the Village's zoning regulations that has since been repealed, shall continue to require compliance with the referenced code section as it existed immediately prior to such repeal and the repeal of such provision is stayed solely for such existing conditional use permit(s). These continuation provisions are intended to preserve the status quo for all rights and responsibilities incurred or accrued prior to the adoption of any ordinance that changes a conditional use to a prohibited use. Nothing herein shall be interpreted to prevent existing conditional use permit holders from applying to amend their conditional use pursuant to all laws in effect at the time of the application, or as set forth in the conditional use permit including those amendments requiring a public hearing.

Cessation of use. If a nonconforming use ceases for any reason, whether intentional or otherwise, for more than 12 continuous months, such use shall not thereafter be reestablished.[1] A business of a seasonal nature shall not be deemed to be discontinued during periods in which it is normally inactive (e.g., marinas, summer camps). If the Zoning Administrator determines that a nonconforming use has ceased to operate for more than the aforementioned time period, he or she shall initiate the process established under Article 5 to terminate the nonconforming use. However, if a temporary structure houses a nonconforming use, such use shall terminate when the temporary structure is removed.

Change in extent. Except as may be provided in this article or in state law, a nonconforming use shall not be enlarged, increased, or expanded and shall not occupy a greater area than what existed on the effective date of this chapter or any amendment thereto that created the nonconforming use.

Limitation on structural alterations to building housing nonconforming use. Structural alterations to a building housing a nonconforming use shall not exceed, on an accumulative percentage basis, 50% of the equalized assessed value of such structure.[2] For example, if a property owner makes structural alterations, the cost of which equals 40% of the current equalized assessed value of the building, any additional structural alterations are limited to 10% of the equalized assessed value at the time of the work.

Damage to structure housing nonconforming use. If a building housing a nonconforming use is damaged beyond 50% of its present equalized assessed value, such nonconforming use shall not be reestablished.

Change of location. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or to another structure than what was occupied on the effective date of this chapter or any amendment thereto that created the nonconforming use.

Casual, occasional, accessory, or incidental use. Casual, occasional, accessory, or incidental use after the primary nonconforming use has terminated, shall not be deemed to perpetuate a nonconforming use.[3]

Change of production. A change in the method or quantity of production and the incorporation of new technology into a nonconforming use is permitted, provided that the original character of the use remains the same.[4]

Termination due to effects on public health, safety, and welfare. In the event the Zoning Administrator determines that a nonconforming use, regardless of its duration, is harmful to the public health, safety, or welfare, he or she shall follow the procedure outlined in Article 5 relating to termination of a use.[5]

Unsafe conditions. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof, provided that such work conforms to the provisions in this chapter.

Licensing. The operator of a nonconforming use shall obtain such licenses as may be required by the State of Wisconsin, or its designated agent; Washington County; or the Village of Richfield, and maintain such licenses for the life of the use or until the entity no longer requires such license.

Conversion to another nonconforming use. Subject to the requirements in Article 5, a nonconforming use may be converted to a different nonconforming use, provided that the new use is less nonconforming. Any nonconforming use that has been converted shall continue to be subject to all applicable provisions related to nonconforming uses and to the conversion order as approved by the Village Board.

Permissible accessory residential uses. If an existing single-family dwelling unit is classified as a nonconforming use, the establishment of accessory residential uses normally incidental to a single-family dwelling is not considered to be an expansion of a nonconforming use and is permitted, provided that the accessory use is otherwise allowed by the zoning code and all accessory buildings exceeding 600 square feet must be approved by the Plan Commission upon a determination that the accessory building is otherwise allowed in the zoning district in which it is located.