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17-13 was lawful before the passage of this—ordinance or is so badly damaged that it cannot be practically • any amendment thereto. restored, it cannot be replaced, reconstructed or (2) The existing lawful use of a structure or rebuilt unless the use and the structure meet the building or its accessory use which is not in requirements of this ordinance. For the purpose of conformity with the provisions of this ordinance this subsection, restoration is deemed impractical may be continued, subject to the following where the total cost of such restoration would conditions: exceed 50% of the present equalized assessed (a) No modifications or additions to a value of the structure. nonconforming,use or a nonconforming structure shall be permitted unless they are made in 17.52 FLOODWAY AREAS. (1) No modification conformity with the provisions of this ordinance for or addition shall be allowed to any nonconforming the area of the floodplain occupied. The words structure or any structure with a nonconforming • modification and addition include, but are not use in a floodway area, unless such modification or limited to, any alteration, addition, modification, , addition: structural repair, rebuilding or replacement of any (a) • Has been granted a permit or variance which such existing use, structure or accessory structure meets the floodway requirements of this ordinance; or use. Ordinary maintenance repairs are not and considered modifications or additions; these (b) Meets the requirements of s. 17.51; and include internal and external painting, decorating, (c) Will not increase the obstruction to flood paneling and the replacement of doors, windows flows or regional flood height; and and other nonstructural components and the (d) Any addition to the existing structure shall be maintenance, repair or replacement of existing floodproofed, pursuant to s. 17.65, by means other private sewage or water supply systems or than the use of fill, to the flood protection connections to public utilities. elevation. (b) If a nonconforming use or the use of a (2) No new on-site sewage disposal system, or nonconforming structure is discontinued for 12 addition to an existing on-site sewage disposal consecutive months, it is no longer permitted and system, except where an addition has been ordered any future use of the property, and any structure or by a government agency to correct a hazard to_ building thereon, shall conform to the applicable public health, shall be allowed in a floodway area. requirements of this ordinance. Any replacement, repair or maintenance of an (c) As requests are received by the county for existing on-site sewage disposal system in a modifications or additions to nonconforming uses floodway area shall meet the applicable or nonconforming structures, a record shall be kept requirements of all county ordinances and ch. which lists the nonconforming uses and ILHR 83, Wis. Adm. Code. nonconforming structures, their present equalized (3) No new well or modification to an existing assessed value, the cost of those additions or well, used to obtain water for ultimate human modifications which have been permitted, and the consumption, shall be allowed in a floodway area. percentage of the structure's total current value Any replacement, repair or maintenance of an those modifications represent.' existing well in a floodway area shall meet the (d) No modification or addition to any applicable requirements of all municipal nonconforming structure or any structure with a ordinances and chs. NR 111 and NR 112, Wis. nonconforming use, which over the life of the Adm. Code; structure would exceed fifty percent (50010) of its present equalized assessed value, shall be allowed 17.53 FLOODFRINGE AREAS. (1) No unless the entire structure is permanently changed modification or.addition shall be allowed to any to a conforming structure with a conforming use in nonconforming structure or any structure with a compliance with the applicable requirements of nonconforming use unless such modification or this ordinance. Contiguous dry land access must addition has been granted a permit or variance by be provided for residential and commercial uses in the county. In addition, the modification or compliance with s. 17.39(1). addition shall be placed on fill or floodproofed to (e) If any nonconforming structure or any the flood protection elevation in compliance with structure with a nonconforming use is destroyed or 21 Annotation: Rev. July 1991. rev. 043095