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Winter Village City Zoning Code

Sec. 10.0

Nonconforming Uses.

10.1

Continuation of Nonconforming Uses. The lawful Use of a Building, Structure, Sign, or property which existed at the time this ordinance, or an applicable amendment to this ordinance, took effect and which is not in conformity with the provisions to this ordinance, including the routine maintenance of such a Building or Structure, may be continued, subject to the following conditions:

10.11

If a Nonconforming Use is discontinued for 12 consecutive months, removed from the premises, or destroyed by such causes as fire or wind, any future Use of the Building, Structure, or property shall conform to this ordinance.

10.12

The maintenance and repair, Additions or alterations of Nonconforming Structures may continue provided there is no increase in the nonconformity.

10.13

Uses [which are] nuisances shall not be permitted to continue as Nonconforming Uses.

10.14

If the Zoning Administrator determines that any portion of a Building Addition or remodeling or reconstruction project [is] required to be allowed under the Federal Fair Housing Act, the Wisconsin Open Housing Law or the Americans Disabilities Act, that portion of the project costs that are necessary to provide equal housing opportunity for handicapped or disabled persons shall not be counted in determining whether or not the 50% limit would be exceeded.

10.2

Estimated fair market value.

10.21

No structural alteration, or Addition to any Building or Structure with a Nonconforming Use or any nonconforming Building or Structure, over the life of the Building or Structure, shall exceed 50 percent of the Building or Structure's current estimated fair market value unless it is permanently changed to conform to the requirements of this ordinance.

10.22

If the alteration or Addition of a Building or Structure which a Nonconforming Use or a nonconforming Building or Structure is prohibited because it is in excess of 50 percent of the current estimated fair market value, the property owner may still make the proposed alteration, Addition, or repair if:

1)

A Nonconforming Use is permanently changed to a conforming Use;

2)

The property owner obtains a Variance from the Board of Adjustment or the circuit court finds in the property owner's favor;

3)

The Zoning Committee and Board of Supervisors approve an amendment in the zone district upon petition from the property owner, pursuant to Section 12.0 of this ordinance.

10.23

The current estimated fair market value shall be determined from property assessment records, or, if these records are insufficient/inadequate, the current estimated fair market value shall be determined by a State certified appraiser at the expense of the property owner/applicant.

10.24

If the Zoning Administrator determines that any portion of a Building Addition or remodeling or reconstruction project is required to be allowed under the Federal Fair Housing Act, the Wisconsin Open Housing Law or the Americans with Disabilities Act, that portion of the project costs that are necessary to provide equal housing opportunity for handicapped or disabled persons shall not be counted in determining whether or not the 50% limit would be exceeded.

10.3

Restoration of certain Nonconforming Structures.

10.31

Nonconforming Structures located outside of the Shorelands.

1)

Refer to State Statutes 59.69(10m) Restoration of Certain Nonconforming Structures.

2)

Restoration shall be in accordance with all provisions of other applicable ordinances.

10.32

Nonconforming Structures located within the Shorelands. See Sawyer County's Shoreland/Wetland Protection Ordinance.