§ 44-192. Nonconforming structures and uses.


Latest version.
  • The lawful use of a building, structure or property which existed at the time the ordinance from which this chapter took effect, or any applicable amendments thereto, and which is not in conformity with the provisions of this chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

    (1)

    The shoreland-wetland provisions of this chapter authorized by 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 ordinance from which this chapter is derived. All other modifications to nonconforming structures are subject to Wis. Stats. § 62.23(7)(h), which limits total lifetime structural repairs and alterations to 50 percent of current market value.

    (2)

    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 this chapter.

    (3)

    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 the ordinance from which this chapter adopted under Wis. Stats. §§ 61.351 or 62.231, may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may be extended.

    (4)

    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 Wis. Stats. § 30.121.

    (5)

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

(Ord. of 10-10-1994, §§ 4.0—4.6)