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OFFICE OF THE Corporation Counsel Cal W. Kornstedt CORPORATION COUNSEL March 19, 1997 James Gregorius, Zoning Administrator Dane County Planning & Development 116 City -County Building 210 Martin Luther King, Jr. Blvd. Madison, Wisconsin 53709 Dear Mr. Gregorius: You have informed me that your office has advised the owner of a mobile home park that the relocation or replacement of any trailer will result in the loss of nonconforming use protection. The owner argues that the protected use is the investment in the real estate in general as a mobile home park, and not the specific location or identity of the trailers. The owner argues that it will not be able to comply with the current 30 foot spacing requirements and off-street parking without the compulsory removal of many trailers. You have provided me with the owner's written legal argument in support of it's position and ask my opinion regarding the validity of the position presented. The owner's argument is primarily equitable in that it states that your interpretation will result in compulsory removal of trailers and a disincentive to improve or upgrade older trailers. That argument fails, however, because the speedy elimination of nonconforming uses is the intent of zoning laws. A large portion of the owner's brief is dedicated to the proposition that zoning laws cannot be applied retroactively. That is not the issue. The issue is whether the proposed changes in the nonconforming use waives it's protected status. The owner ignores the general zoning proposition that "the spirit of zoning is to restrict rather than increase a nonconforming use and to eliminate such uses as speedily as possible." State ex rel. Peterson v. Burt, 42 Wis. 2d 284, 291 (1969). "Ordinances governing the improvement of a structure that has legal nonconforming use status are intended to balance two competing policies: protection of property ownership rights and protection of the community's interest in the speedy elimination of nonconforming uses." Marris v. City of Cedarburg, 176 Wis. 2d 14, 33 (1993). "To ensure that the life of the structure is not extended indefinitely and that nonconforming use is gradually eliminated, these ordinances also limit the amount of structural repairs or alterations property Room 419, City -County Building, 210 Martin Luther King, Jr. Boulevard, Madison, Wisconsin 53709 608/266-4355