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Chapter 20. Shorelands-Wetlands

Sec. 20-04. Nonconforming structures and uses.

(1) The lawful use of a building, structure or property which existed at the time the ordinance from which this chapter derives, or an applicable amendment to this chapter, took effect 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 conditions in this section.

(2) The shoreland-wetland provisions of this chapter authorized by 62.231 Wis. Stats. shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, or of any environmental control facility in existence on May 7, 1982 related to such a structure. All other modifications to nonconforming structures are subject to 62.23(7)(h) Wis. Stats. which limits total lifetime structural repairs and alterations to 50 percent of current fair market value.

(3) If a nonconforming use of 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.

(4) Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption of the ordinance from which this chapter derives or subsequent amendment of this chapter adopted under 62.231Wis. Stats. may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may not be extended.

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

(Code 1982, 27.01(4))