§ 13-2-24. Nonconforming structures and uses.  


Latest version.
  • (a)

    The lawful use of a building, structure or property which existed at the time this chapter, or an applicable amendment to this chapter, took effect and which is not in conformity with the provisions of the chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions.

    (b)

    The shoreland-wetland provisions of this ordinance authorized by sec. 61.351, Wis. Stats. [Wis. Stats. § 61.351], shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure or of any environmental control facility related to such a structure in existence on the effective date of the shoreland-wetland provisions. All other modifications to nonconforming structures are subject to sec. 62.23(7)(h), Wis. Stats. [Wis. Stats. § 62.23(7)(h)], which limits total lifetime structural repairs and alterations to 50 percent of current fair market value.

    (c)

    If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to the appropriate provisions of this chapter.

    (d)

    Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this chapter adopted under sections 62.231 or 61.351, Wis. Stats. [Wis. Stats. §§ 62.231 or 61.351], may be continued although such use does not conform with the provisions of this chapter. However, such nonconforming use may not be extended.

    (e)

    The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of sec. 30.121, Wis. Stats [Wis. Stats. § 30.121].

    (f)

    Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(Code 1990, § 13-2-24)