The lawful nonconforming uses of a structure, land or water existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued, some for specific periods of time, although the use does not conform with the provisions of this chapter; however:

(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 authorized by state law or required to do so by law or order so as to comply with the provisions of this chapter.

(2)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the structural members of the existing structure with additions not exceeding 50 percent of existing foundation footprint whether vertical or horizontal, and the addition shall meet all setbacks at the time of it becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter. Any alteration, structural member replacement or repair or addition to a structure with an existing nonconforming use shall also meet all the requirements of article X of this chapter, the county floodplain provisions, and Wis. Stats. § 87.30.

(3)

Substitution of new equipment may be permitted by the board of adjustment if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(4)

One new structure may be constructed on the premises if all yard requirements of the district can be met. This structure cannot increase the gross cubage of the buildings by more than 40 percent.

(5)

Land area upon which use is located may be expanded not more than 30 percent of the square feet of land area existing on the adoption date of the ordinance from which this chapter is derived.

(Ord. No. 2022-12, § 11.09(a), 10-11-2022)

(a)

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 this chapter. Replacement or reconstruction of a nonconforming structure or use shall meet Wis. Stats. § 59.69(10m) which states:

"Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to paragraph (b), location, and use that it had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:

(a)

1.

The nonconforming structure was damaged or destroyed on or after March 2, 2006.

(a)

2.

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

(b)

An ordinance enacted under this section to which paragraph (a) applies shall allow for the size of a structure to be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements."

(b)

This section does not apply to floodplain structures or uses. See floodplain provisions and Wis. Stats. § 87.30 for applicable floodplain restrictions regarding damage by flood.

(c)

A current file of all nonconforming uses shall be maintained by the zoning administrator listing the following: owner's name and address; use of the structure, land or water; and assessed value at the time of it becoming a nonconforming use.

(Ord. No. 2022-12, § 11.09(b), 10-11-2022)

(a)

The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter; however, it shall not be extended, enlarged, moved, or structurally altered in excess of 50 percent of the structural members of the existing structure with additions not exceeding 50 percent of existing foundation footprint whether vertical or horizontal and the addition shall meet all setbacks or go no closer to any side, rear or road setback. For an existing nonconforming structure located within any road right-of-way or existing over a lot line, no additions or alteration of structural members, not including ordinary maintenance, shall be permitted. Any alteration or addition to any nonconforming structure shall also meet all the requirements of article X of this chapter, county floodplain regulations and Wis. Stats. § 87.30. The repair, maintenance, renovation, rebuilding or remodeling of a nonconforming structure or any part of a nonconforming structure is not prohibited and does not require a variance if done so in accordance with this article.

(b)

For this section, a structural member includes the number of existing walls, foundation walls, floor, and roof. Any alteration to a structural member qualifies for inclusion in the calculation of the 50 percent provisions.

(Ord. No. 2022-12, § 11.09(c), 10-11-2022)

Once a nonconforming use or structure has been changed to conform to the requirements of this chapter, it shall not revert back to a nonconforming use or structure. Once the zoning board of adjustment has granted a variance to a more restrictive use from 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 zoning board of adjustment.

(Ord. No. 2022-12, § 11.09(d), 10-11-2022)

(a)

In any residential, waterfront or community district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the county register of deeds' office. All current sections and subsequent amendments of this chapter, the county private sewage system and the county floodplain regulations shall apply.

(b)

In accordance with Wis. Stats. § 66.10015(2)(e), a property owner of a legal substandard lot may:

(1)

Convey ownership interest in a substandard lot;

(2)

Use the substandard lot or parcel as a building site if all of the following apply:

a.

The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

b.

The substandard lot or parcel is developed to comply with all other requirements of this chapter.

c.

In any zoning district, the substandard lot shall not be used without full compliance with the provisions of all current sections and subsequent amendments of the ordinance from which this chapter is derived, the county private sewage system regulations, and the county floodplain regulations. For a substandard parcel in any district, all of the district requirements shall be complied with insofar as practicable, but shall not be less than the following, and shall meet all requirements of the county's private sewage system regulations, floodplain regulations and article X of this chapter.

(Ord. No. 2022-12, § 11.09(e), 10-11-2022)

Lot dimensions shall be as follows:

(1)

Lot width.

a.

Minimum 40 feet (served by public sewer).

b.

Minimum 50 feet (served by private sewer).

(2)

Lot area.

a.

Minimum 5,000 square feet (served by public sewer).

b.

Minimum 10,000 square feet (served by private sewer).

(Ord. No. 2022-12, § 11.09(f), 10-11-2022)

Yard setbacks shall be as follows:

(1)

Street: Minimum 25 feet from lot line; the second street yard on corner lots shall be not less than ten feet from the lot line.

(2)

Rear: Minimum 15 feet from lot line.

(3)

Side: Minimum five feet from lot line.

(4)

Shore: Minimum 75 feet.

(5)

Accessory structures: A minimum yard for detached accessory structures is three feet if located in rear yard area of principal structure.

(Ord. No. 2022-12, § 11.09(g), 10-11-2022)

Residences within the A-1 district legally constructed before January 15, 1975, but not defined as a farm residence under section 22-7, may continue as prior nonconforming uses, and shall not be subject to any standard or limitation under this article, except for the following:

(1)

A residence as established under section 22-743, which has been removed, abandoned, or is no longer used as a residence, may be replaced, reconstructed, or improved if substantial evidence is provided documenting the previous existence of such legal residence and the replacement, reconstruction, or improvement occurs within 15 years of the residence's removal, abandonment, or nonuse as a residence. If the replacement or reconstruction is requested more than 15 years after the removal, abandonment, or nonuse as a residence, the request shall be made to the planning and zoning committee. The committee shall review the request for compliance with this chapter and the agricultural preservation and land use plan. The replacement or reconstruction shall meet all provisions of this chapter.

(2)

Where such a nonconforming use is damaged by fire, explosion, flood, the public enemy, or other calamity, or is dismantled for the purpose of reconstruction, it may be restored or replaced, as long as the replacement residence is placed within 100 feet of the residence built before January 15, 1975, and in compliance with all other county ordinances and state laws.

(Ord. No. 2022-12, § 11.09(h), 10-11-2022)