The continued lawful use of a building, premises, structure, or fixture existing at the time of the adoption or amendment of this ordinance may not be prohibited although the use does not conform with the provisions of this ordinance. 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 ordinance.

(Ord. No. 13-O-20, 12-24-2020)

The conforming use of a conforming structure existing at the time of the adoption or amendment of this chapter may be continued although the lot area or lot width does not conform to the requirements this chapter.

(1)

Additions and enlargements to the structures or reconstruction of the structure is permitted if it conforms with the established building setback lines along streets and the yard, height, parking, loading, and access provisions of this chapter.

The conforming use of a nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform with the established building setback line along streets, yard, height, parking, loading, and access provisions of this chapter.

(1)

Existing nonconforming structures may be moved and shall conform with the established building setback lines along streets, yard, height, parking, loading, and access provisions of this chapter.

(2)

Repair, rebuilding, and maintenance of certain nonconforming structures.

a.

"Development regulations" means the part of a zoning ordinance that applies to elements including setback, height, lot coverage, and side yard.

b.

"Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance.

(3)

Restoration or replacement of certain nonconforming structures.

a.

Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in this ordinance enacted under this subsection do not prohibit the restoration or replacement of a nonconforming structure if the structure will be restored to, or replaced at, the size, subject to subd. 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:

1.

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

2.

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

b.

The restoration or replacement of a 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.

(Ord. No. 13-O-20, 12-24-2020)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Zoning Board of 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 become subject to all the conditions required by the Zoning Board of Appeals.

Legal nonconforming uses in any district may be granted conditional use status upon petition of the owner pursuant to Section 98-256 where such use is determined to not be any of the following:

(1)

Adverse to any of the following:

a.

Public health;

b.

Safety; or

c.

Welfare;

(2)

In conflict of the spirit or intent of this chapter; or

(3)

Otherwise detrimental to the community and particularly the surrounding neighborhood.

(Ord. No. 3-O-06, § 1, 5-15-2006)