§ 100-551. General provisions.

(a)

Insofar as the standards in this article are not inconsistent with the provisions of W.S.A., § 62.23(7)(h), they shall apply to all nonconforming uses and nonconforming structures. These regulations apply to the modification of, or addition to, any structure and to the use of any structure or premises which was lawful before the passage of this chapter or any amendment thereto.

(b)

The existing lawful use of a structure or building or its accessory use which is not in conformity with the provisions of this chapter may continue subject to the following conditions:

(1)

If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted, and any future use of the property, and any structure or building thereon, shall conform to the applicable provisions of this chapter.

(2)

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 W.S.A., § 62.231 or 61.351 may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may not be extended or increased.

(3)

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 W.S.A., § 30.121.

(4)

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

(5)

Only that portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

(6)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the village's equalized value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

(Ord. No. 572, § I(9.1601), 2-6-96)