The purpose of this article is to establish requirements for conditions that do not conform with the provisions of this chapter, including nonconforming uses, nonconforming structures, and substandard lots. Nonconforming signs are further addressed in section 40-163.

(Ord. No. 7-14, § X.7.1, 1-28-2022)

(a)

Wis. Stats. § 59.69(10) and case law may affect the county's ability to regulate nonconforming structures and uses as described in this section.

(b)

Structures or uses for which a land use permit has been lawfully granted prior to the effective date of the ordinance from which this chapter is derived or applicable amendments thereto, which will become nonconforming under the provisions of this chapter or amendments thereto, may be completed in accordance with the approved plans, provided that construction is started and completed in accordance with timeframes established under section 40-232(f). In such cases, such use or structure shall thereafter be a legal nonconforming use or structure.

(c)

The county floodplain regulations and the county shoreland regulations may include provisions regarding nonconforming uses, nonconforming structures, and substandard lots in floodplain and shoreland zones, respectively. In the event of conflict between applicable provisions of those regulations and the provisions in this article, the more restrictive provisions shall apply.

(Ord. No. 7-14, § X.7.2, 1-28-2022)

(a)

The existing lawful use of a building or premises at the time of enactment of the ordinance from which this chapter is derived or any amendment thereto may be continued although such use or structure does not conform with the use provisions of this chapter for the district in which it is located, but no building or premises containing a nonconforming use shall be expanded, enlarged, extended, or reconstructed.

(b)

The ordinary maintenance and repair of a building or premises that contains a nonconforming use is permitted, including repairs reasonably necessary to prevent the deterioration of a structure, remodeling of the structure, and necessary nonstructural repairs and alterations that do not extend or enlarge the structure. Ordinary maintenance and repairs include painting; decorating; the installation or replacement of heating, electricity, or plumbing systems; the installation or replacement of drywall, plaster, paneling, acoustical ceilings, insulation, doors, windows, roof surface materials, and siding. Ordinary maintenance and repairs does not include structural modification, structural alteration, enclosure of a deck or patio, change of a roof pitch, replacement of foundational elements or similar components, or extension, enlargement, reconstruction, movement, or replacement of any structure.

(c)

No extension, enlargement, reconstruction, movement, replacement, enclosure of a deck or patio, change of a roof pitch, replacement of roof trusses or rafters, replacement of foundational elements or similar components, or other structural modification or alteration of a building or premises that contains a nonconforming use is permitted.

(d)

When any nonconforming use of a building or premises is discontinued for a period of 12 consecutive months or greater, or is changed to a conforming use, any future use of the building or premises shall be in complete conformity with the provisions of this chapter.

(e)

Any prior legal use made nonconforming by enactment of the ordinance from which this chapter is derived or by an amendment to it may be granted legal conforming use status by changing the zoning district of the affected property under the procedures in section 40-230.

(Ord. No. 7-14, § X.7.3, 1-28-2022)

(a)

Any 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 to the dimensional provisions of this chapter.

(b)

Ordinary maintenance and repairs to a lawful nonconforming structure are permitted, including repairs reasonably necessary to prevent the deterioration of a structure, remodeling of a nonconforming structure, and necessary nonstructural repairs and alterations that do not extend, enlarge, or intensify the nonconforming structure. Ordinary maintenance and repairs include painting; decorating; the installation or replacement of heating, electricity, or plumbing systems; and the installation or replacement of drywall, plaster, paneling, acoustical ceilings, insulation, doors, windows, roof surface materials, or siding. Ordinary maintenance and repairs does not include structural modification; structural alteration; enclosure of a deck or patio; change of a roof pitch; replacement of foundational elements or similar components; or extension, enlargement, reconstruction, movement, or replacement of any structure. All other improvements in excess of what is described here as "ordinary maintenance" are subject to the standards listed below in section 40-198(d).

(c)

Any lawful nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation on or after March 2, 2006, may be restored or reconstructed, provided that the structure will be restored to the size, location and use it had immediately before the damage or destruction occurred, except if otherwise necessary to comply with federal, state or county requirements.

(d)

Any other lawful nonconforming structure may be extended, enlarged, or moved, provided that all of the following criteria are present or met, except when state law requires less restrictive criteria:

(1)

Any increase in the building footprint or volume complies with all dimensional, yard, and other development regulations of the specific zoning district and all other standards in this chapter.

(2)

The nonconforming structure in no way becomes more nonconforming as a result of the modification.

(3)

The modification meets all provisions of Wis. Admin. Code § NR 115.05, the county shoreland provisions of this chapter, and Wis. Stats. § 59.692, if within the shoreland zone.

(4)

The use of the structure is limited to uses permitted within the zoning districts applicable to the subject property.

(5)

A land use permit is first obtained per section 40-232.

(6)

Any repair, maintenance, renovation, rebuilding or remodeling of a nonconforming structure or any part of a nonconforming structure is allowable, regardless of cost, and shall not require approval of a variance.

(e)

When any lawful nonconforming structure in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of the structure shall also be in full conformance with the provisions of this chapter.

(Ord. No. 7-14, § X.7.4, 1-28-2022)

(a)

No new lot shall be created and no existing lot shall be reduced in dimensions in a manner that does not meet the dimensional requirements of the zoning district in which it is located or as specified by the county land division regulations, whichever is larger.

(b)

No existing lot that does not meet the dimensional requirements of the base zoning district in which it is located or as specified by subdivision regulations, whichever is larger, shall be further reduced in any dimension, except in the event of the sale or exchange of land between adjoining owners of substandard lots, provided that the resulting parcels are capable of meeting all minimum required yard and private on-site wastewater disposal requirements.

(c)

Any lot or parcel legally created and indicated on a recorded subdivision plat, certified survey map, assessor's plat, or conveyance and recorded in the office of the register of deeds for the county prior to April 19, 2011, may be used as a building site even though such lot or parcel does not conform to one or more minimum dimensional requirements of the district in which it is located, subject to the following conditions:

(1)

The use is permitted in the zoning district in which the lot is located.

(2)

The substandard lot is developed to comply with all other applicable requirements.

(3)

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

(4)

A substandard lot shall not be required to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

(5)

A land use permit is first obtained per section 40-232.

(6)

Any variation to the above standards may only be obtained through a variance granted by the county board of adjustment.

(Ord. No. 7-14, § X.7.5, 1-28-2022)

For additional standards related to nonconforming signs, see section 40-163.

(Ord. No. 7-14, § X.7.6, 1-28-2022)