Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.15 - Nonconforming uses and nonconforming buildings

Current through June 24, 2024
(1) GENERAL.
				Insofar as the standards in this section are not inconsistent with the
				provisions of ss.
				59.69(10)
				and
				62.23(7)
				(h), Stats., they shall apply to all uses and
				buildings that do not conform to the provisions contained within a floodplain
				zoning ordinance. These standards apply to the modification of, or addition to,
				any building and to the use of any building or premises which was lawful before
				the passage of the ordinance. The existing lawful use of a building or its
				accessory use which is not in conformity with the provisions of a floodplain
				zoning ordinance may be continued subject to the following conditions:
(a) No extension of a nonconforming use, or
				modification or addition to any building with a nonconforming use or to any
				nonconforming building, may be permitted unless they are made in conformity
				with the provisions of this section. For the purposes of this section, the
				words "modification" and "addition" shall include, but not be limited to, any
				alteration, addition, modification, rebuilding or replacement of any existing
				building, accessory building or accessory use, except as provided in pars. (am)
				and (as).
(am) For the purposes of
				this section, ordinary maintenance repairs are not considered an extension,
				modification or addition; ordinary maintenance repairs include internal and
				external painting, decorating, paneling, the replacement of doors, windows and
				other nonstructural components; and the maintenance, repair or replacement of
				existing private sewage systems, water supply systems or connections to public
				utilities;
(as) For the purposes of
				this section, the construction of a deck that does not exceed 200 square feet
				and that is adjacent to the exterior wall of a principal structure is not an
				extension, modification or addition. The roof of the principal structure may
				extend over a portion of the deck in order to provide safe ingress and egress
				to the principal structure.
(b) If
				a nonconforming use or the use of a nonconforming building is discontinued for
				12 consecutive months, it is no longer permitted and any future use of the
				building shall conform with the appropriate provisions contained in ss.
				NR
				116.12,
				116.13 and
				116.14.
(c) No modification or addition to any
				nonconforming building or any building with a nonconforming use, which over the
				life of the building would exceed 50% of its present equalized assessed value,
				may be allowed unless the entire building is permanently changed to a
				conforming building with a conforming use in compliance with the applicable
				requirements of this chapter. The costs of elevating a nonconforming building
				or a building with a nonconforming use to the flood protection elevation are
				excluded from the 50% provisions of this paragraph.
(d) If any nonconforming building or any
				building with a nonconforming use is destroyed or is so badly damaged that it
				cannot be practically restored, it cannot be replaced, reconstructed or rebuilt
				unless the provisions of ss.
				NR
				116.12,
				116.13 and are met 116.14. For the
				purpose of this subsection, restoration is deemed impracticable where the total
				cost of such restoration would exceed 50% of the present equalized assessed
				value of the building.