(a) Intent.
(1) Within the districts established by these zoning regulations or amendments that may later be adopted there may exist:
a. Lots;
b. Structures;
c. Uses of land or water and structures; and
d. Characteristics of use which were lawful before these zoning regulations were adopted or amended, but which would be prohibited, regulated, or restricted under the terms of these zoning regulations or future amendments.
(2) It is the intent of these zoning regulations to permit these nonconformities to continue until they are voluntarily removed or removed as required by these zoning regulations; however, such nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(3) Nonconforming uses are declared by this article to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of a structure and land or water in combination shall not be extended or enlarged after the effective date of the ordinance from which this chapter is derived or its amendment by attachment on structures or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature or characteristic which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building for which a valid permit has been approved prior to the effective date of the ordinance from which this adoption or amendment of this chapter is derived.
(b) Nonconforming lots of record. This category of nonconformance consists of lots for which plats or deeds have been recorded in the county register of deeds, which at the time of the adoption of the ordinance from which this chapter is derived, or any amendment thereto, fail to comply with the minimum area or width requirements of the districts in which they are located. Any such nonconforming lot may be used for any of the uses permitted in the district in which it is located provided the owner of the subject lot does not own sufficient contiguous land to enable conformity to the minimum area or lot width requirements through recombination, and all other dimensional requirements can be met. The zoning administrator is authorized to issue a certificate of zoning compliance after having received an attorney's certificate of title on a form obtainable from the town.
(c) Nonconforming uses of land (or land with minor structures). Where, at the effective date of the ordinance from which the adoption or amendment of this chapter is derived, lawful use of land exists which would not be permitted by these zoning regulations, and where such use involves no minor individual, permanently fixed structure with a replacement cost exceeding $1,000.00 and no combination of permanently fixed structures with a replacement cost as high as $4,000.00, the use may be continued so long as it remains otherwise lawful, provided:
(1) Enlargement, increase, intensification. No such nonconforming use shall be enlarged, increased, intensified or extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which the adoption or amendment of this chapter is derived.
(2) Movement. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the ordinance from which the adoption or amendment of this chapter is derived.
(3) Discontinuance. If any such nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(4) Subdivision or structural additions. No land in nonconforming use shall be subdivided, nor shall any structures be added on such land, except for the purposes and in a manner conforming to the regulations for the district in which such land is located; provided, however, that subdivision may be made which does not increase the degree of nonconformity of the use.
(d) Nonconforming structures. Where a structure exists lawfully under this chapter at the effective date of the adoption or amendment of this chapter, that could not be built under these zoning regulations by reasons of restrictions on area, residential densities, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) Enlargement, alteration. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity. Enlargements, additions, or alterations under an existing roofline or within the existing building footprint shall not be considered an increase in a structure's nonconformity. Further, a nonconforming structure may be enlarged or altered if the part of the structure to be enlarged or altered and the area of the lot into which such changes are proposed pre-exist in conformance with the requirements of these regulations.
(2) Involuntary destruction. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means other than voluntary removal, it may be reconstructed to the same configuration, including density, height, area, setbacks, parking, and the like, as existed prior to destruction.
(3) Relocation. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(e) Nonconforming use of major structures, or of major structures and premises in combination. Where, at the effective date of the adoption or amendment of this chapter, lawful use of structures, or of structures and premises in combination exists involving an individual, permanently fixed structure with a replacement cost at or exceeding $1,000.00 or a combination of permanently fixed structures with a replacement cost at or exceeding $4,000.00, which use would not be permitted under these zoning regulations, such use may be continued so long as it remains otherwise lawful, provided:
(1) Enlargement, extension, alteration, etc., of structures. No existing structure devoted to a use not permitted by this chapter in the district in which such use is located shall be enlarged, extended, constructed, reconstructed, moved to another location on the property, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) Extension of use in building manifestly designed for such use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date the ordinance from which the adoption or amendment of this chapter is derived. Any nonconforming use which occupied a portion of a building not originally so arranged or designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy any land outside the building, nor any additional building on the same lot or parcel, not used for such nonconforming use at the effective date of the adoption or amendment of this chapter.
(3) Change in tenancy or ownership. There may be a change in tenancy, ownership, or management of a nonconforming use.
(4) Change in use. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted but nonconforming use, provided that the zoning administrator shall find that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the zoning administrator may require appropriate condition and safeguards in accordance with the intent and purpose of these zoning regulations.
(5) Change to conforming use requires future conformity with district regulations as to use. Any structure, or structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations as to use for the district in which such structure is located, and the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted.
(6) Discontinuance. If any nonconforming use of a structure, or structure and premises in combination, ceases for any reason (except where governmental action impedes access to the premises) for a period of more than 12 consecutive months, any subsequent use shall conform to the regulations for the district in which the use is located.
(7) Subdivision or structural additions. Premises of major structures (having values as indicated in this subsection), where such major structures are used for nonconforming purposes as of the effective date of the adoption or amendment of this chapter, shall not be subdivided, nor shall any structures be added on such premises, except for purposes and in a manner conforming to the regulations for the district in which such premises are located.
(f) Nonconforming characteristics of use. If characteristics of use, such as residential densities, signs, off- street parking or off-street loading, or other matters pertaining to the use of land and structures are made nonconforming by these zoning regulations as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with the regulations set out in this chapter; provided, however, that changes may be made which do not increase, or which decrease such nonconformity.
(g) Repairs and maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, ordinary repairs, or repair or replacement of walls, fixtures, wiring, or plumbing, may be done.
(h) Nonconforming structures unsafe because of lack of maintenance. If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the county building inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
(i) Nonconforming structures unsafe for reasons other than maintenance. If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful for reasons other than lack of repairs or maintenance, nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of such building or part thereof declared to be unsafe by the county building inspector.
(j) Structures conforming as to use and location. Where a structure is conforming as to location and use, nothing in these zoning regulations shall be deemed to prevent the strengthening or restoring to a safe condition of such structure or part thereof declared to be unsafe by the official of the county building inspector.
(k) Casual, temporary, or illegal use. The casual, temporary or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.
(l) Uses under special use provisions not nonconforming. Any use which is permitted as a special use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district, but shall without further action be deemed a conforming use in such district.
(Code 1989, § 92.101; Ord. of 3-10-2015; Ord. of 2-9-2016; Ord. of 7-9-2019; Ord. No. 19-07-09A, 7-9-2019; Ord. No. 21-05-11, 5-11-2021)