Peshtigo |
Code of Ordinances |
Chapter 52. ZONING |
Article XVI. SHORELAND-WETLAND ZONING |
Division 2. SHORELAND-WETLAND ZONING DISTRICT |
§ 52-1050. Nonconforming structures and uses.
The lawful use of a building, structure or property which existed at the time this article, or an applicable amendment to this article, took effect and which is not in conformity with the provisions of the ordinance, 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 article authorized by Wis. Stats. § 62.231 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 Wis. Stats. § 62.23(7)(h) which limits total lifetime structural repairs and alterations to 50 percent of current fair 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 article.
(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 this article adopted under Wis. Stats. § 61.351 or 62.231 may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not 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. No. 88-01, § 4.0, 3-1-1988)