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Seymour City Zoning Code

Sec. 78-405

Existing facilities and nonconforming uses.

The standards in this section, not inconsistent with the provisions of Wis. Stats. § 62.23(7)(h), shall apply to all existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this article.

Nonconforming Use. A nonconforming use may be continue subject to the following conditions:

(1)

No modifications or additions to a nonconforming use shall be permitted unless made in conformity with provisions of this section. For the purposes of this section, the words "modification," in and "addition" shall include, but are not limited to, any alteration, addition, modification, rebuilding or replacement of any such structure or accessory use. Ordinary maintenance is not considered a modification or addition; and include internal or external painting, decorating, paneling and the replacement of windows, doors and other non-structural components.

(2)

If a nonconforming use is discontinued for 12 consecutive months, any future use of the property shall conform with the appropriate provisions of this article.

(3)

A nonconforming use shall provide copies of all federal, state and local reports of on-going environmental monitoring or testing.

(4)

A nonconforming use shall provide environmental procedures or monitoring as deemed necessary by the City of Seymour, which may include but are not limited to storm water runoff management and monitoring.

(5)

Ordinary maintenance shall be done by a nonconforming use in a manner that improved the existing environmental conditions already in existence.

(6)

A nonconforming use shall have the responsibility of filing with the City of Seymour a contingency plan satisfactory to the city, provide immediate notification to the city of any emergency or event that has the potential to cause groundwater contamination.

(7)

In the event the nonconforming use causes the release of any contaminants which endanger the city's groundwater, the activity causing said release shall immediately cease with cleanup satisfactory to the city, including the payment of all cost of cleanup, city consultant fees, and administrative cost for oversight, review and documentation.

(Ord. No. 2005-114, § (e), 11-14-2005; Ord. No. 2005-115, 11-14-2005)