(a)

The continued lawful use of a building, premises, structure, or fixture existing on November 3, 1997, or at the time of the amendment of this chapter is not prohibited although the use does not conform with the provisions of this chapter. The nonconforming use may not be extended. The total structural repairs or alterations in such a nonconforming building, premises, structure, or fixture shall not during its life exceed 50 percent of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use. If the nonconforming use is discontinued for a period of 12 months, any future use of the building, premises, structure, or fixture shall conform to this chapter.

(b)

If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing is permitted according to this chapter. However, when a use district is changed, any existing, nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted, provided all other regulations governing the new use are complied with.

(c)

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

(d)

Notwithstanding subsections (a)—(c) of this section, a manufactured home community licensed under Wis. Stats. § 101.935 that is a legal nonconforming use continues to be a legal nonconforming use notwithstanding the occurrence of any of the following activities within the community:

(1)

Repair or replacement of homes;

(2)

Repair or replacement of infrastructure.

(Code 1998, § 106-886; Ord. No. 97-11, § 13-1-80, 11-3-1997)

(a)

Termination. If a nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to this chapter.

(b)

Building destroyed by fire. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than 50 percent of its fair market value, the building may be rebuilt. However, where such a building is destroyed to the extent of more than 50 percent of its fair market value, a building permit, following specific village board approval, may be granted for its reconstruction within 12 months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter or enlarge in any business or industrial district as the interest of the public demands.

(Code 1998, § 106-887; Ord. No. 97-11, § 13-1-81, 11-3-1997)

(a)

Generally. The lawful nonconforming structure existing on November 3, 1997, or at the time of amendment of this chapter 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, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with this chapter.

(b)

Repair and maintenance of certain nonconforming structures.

(1)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Development regulations means the part of this chapter that applies to elements including setback, height, lot coverage, and side yard.

Nonconforming structure means a dwelling or other building that existed lawfully before his chapter was enacted or amended, but that does not conform to one or more of the development regulations in this chapter.

(2)

Nothing in this chapter prohibits, or limits based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.

(c)

Restoration of certain nonconforming structures.

(1)

Restrictions in this chapter that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this subsection do not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject subsection (c)(2) of this section, 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.

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

b.

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

(2)

The structure may 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.

(Code 1998, § 106-888; Ord. No. 97-11, § 13-1-82, 11-3-1997)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of zoning appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and shall become subject to all the conditions required by the board of zoning appeals.

(Code 1998, § 106-889; Ord. No. 97-11, § 13-1-83, 11-3-1997)