Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 118 - Standards For The Lower St. Croix National Scenic Riverway › Section NR 118.08 - Nonconforming uses and structures and substandard lots

Current through June 24, 2024
(1) NONCONFORMING
				USES. A nonconforming use may not be expanded or enlarged. An increase in the
				volume, intensity or frequency of use is allowed if the area used for the
				nonconforming use is not enlarged. A change from one nonconforming use to
				another nonconforming use is not allowed. If a nonconforming use is
				discontinued for a period of 12 months, any future use of the building and
				premises shall conform to all of the requirements of the local zoning
				ordinance.
(2) NONCONFORMING
				PRINCIPAL STRUCTURES. In all management zones, ordinary maintenance and repair
				of nonconforming principal structures is allowed. However, structural
				alteration, reconstruction and expansion of nonconforming principal structures
				and replacement, improvement or structural alteration of the foundation may
				only be allowed if all of the following requirements are met, where applicable:
(a)
Reconstruction of nonconforming
				principal structures.
Nonconforming principal structures located
				within the ordinary high water mark setback area, bluffline setback area or
				slope preservation zone may be structurally altered or reconstructed and
				foundations may be replaced, improved or structurally altered if all of the
				following requirements are met:
1. The lot has
				an area of at least 7,000 square feet.
2. The altered or reconstructed structure
				will be visually inconspicuous or will be rendered so through mitigation in
				accordance with sub. (5).
3. The
				structure is altered or reconstructed in the same footprint as the pre-existing
				structure.
4. The height of the
				altered or reconstructed structure complies with s.
				NR 118.06(1)
				(d). The reconstructed structure may not be
				any taller than the pre-existing nonconforming structure, except that a flat
				roof may be replaced with a pitched roof.
5. The color of the structure complies with
				s.
				NR
				118.06(2).
6. The property owner submits a mitigation
				plan that complies with the requirements of sub. (5). If a permit is issued for
				the reconstruction, the mitigation plan shall be approved, or modified and
				approved, by the local zoning authority. The mitigation plan shall be
				incorporated into the permit and the property owner shall be required to
				implement the mitigation plan as a permit condition.
7. Private on-site wastewater treatment
				systems are brought into compliance with the requirements of ch. SPS
				383.
8. The foundation of the
				structure may not be replaced, improved or structurally altered.
				Notwithstanding the definition of "reconstruction" in s.
				NR
				118.03(36) and the preceding
				sentence, the foundation of the structure may be replaced, improved or
				structurally altered in conjunction with the reconstruction of the structure if
				the entire structure is more than 50 feet from the ordinary high water mark and
				is not located in a slope preservation zone.
9. An erosion control plan and revegetation
				plan shall be submitted to the local zoning authority for approval, or
				modification and approval, prior to the issuance of a permit for the structural
				alteration or reconstruction.
10.
				There will be no filling and grading activities conducted during the alteration
				or reconstruction, except for the minimum necessary to accomplish the
				alteration or reconstruction in compliance with other provisions of this
				chapter, and as needed to upgrade a private on-site wastewater treatment
				system, to replace sewer or water laterals, or to install storm water or
				erosion control measures.
11. If
				the nonconforming principal residence is located in a slope preservation zone,
				it may be reconstructed only if Wisconsin construction site best management
				practices applicable to steeper sloped areas are implemented to control
				erosion.
Note: Approved best management practices for construction
				  site erosion control can be found in Wisconsin's Construction Site Best
				  Management Practice Handbook (WDNR Pub. WR-222 November 1993 Revision) which is
				  available from the Wisconsin Department of Administration, Document Sales, 4622
				  University Avenue, Madison, WI 53705-2156.