(a)

Continuance of a Legal Nonconforming Use. Any nonconforming use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date as a legal nonconforming use, except as specified in this section.

(b)

Modification of a Legal Nonconforming Use.

(1)

Except as permitted in subsection (c)(2), below, a legal nonconforming use shall not be expanded, relocated, or changed to another nonconforming use unless such modification would make the nonconforming use have a more desirable effect in terms of implementing the purpose of this chapter, as determined by the Zoning Administrator. If such a modification occurs, said use shall not be modified back to the original nonconforming use or to any other nonconforming use that does not better accomplish the purpose of this chapter.

(2)

A legal nonconforming nonresidential use which is not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if said facilities are not available within one thousand (1,000) feet of the subject property.

(c)

Discontinuance of a Legal Nonconforming Use. When any legal nonconforming use of any structure or land is discontinued for a period of twelve (12) months, or is changed into a conforming use, any future use of said structure or land shall be in complete conformity with the provisions of this chapter.

(d)

Maintenance of a Legal Nonconforming Use. The normal maintenance of a structure or land containing or related to a legal nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the legal nonconforming use in relation to the purpose of this chapter. In no instance shall said repairs exceed fifty (50) percent of the value of said structure or property prior to said repairs without bringing the structure or property into complete conformity with the provisions of this chapter.

(e)

Wetland Nonconforming Uses. Notwithstanding Wis. Stats. § 62.23(7)(h), the repair, reconstruction, renovating, remodeling or expansion of a legal nonconforming structure in existence at the time of adoption or subsequent amendment of this chapter adopted pursuant to Wis. Stats. § 62.231, or of an environmental control facility in existence on May 7, 1982, related to that structure, is permitted pursuant to Wis. Stats. § 62.231(5), Wis. Stats. § 62.23(7)(h), however, applies to any environmental control facility that was not in existence on May 7, 1982, but was in existence on the effective date of this chapter or amendment.

(Ord. No. 21-980, 5-10-21)