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10.21(1)- 10.23
<br /> (b) No building or premises used as a location or height of the buildings or premises;
<br /> nonconforming use shall be added to or provided, however, that when this ordinance
<br /> structurally altered so as to increase the facilities imposes a greater restriction upon the use,
<br /> for such nonconforming use. occupancy, location or height of buildings or
<br /> (c) Mineral extraction operations which premises than imposed by such existing
<br /> existed prior to 1969 and were registered with provisions of law or ordinance, or by such rules,
<br /> and approved by the Dane County Zoning regulations or permits, the provisions of this
<br /> Administrator shall be considered nonconforming ordinance shall control.
<br /> uses.
<br /> (d) Mineral extraction sites that were 10.23 COMPLETION, RESTORATION OR
<br /> registered as nonconforming sites as provided ENLARGEMENT OF EXISTING STRUCTURES.
<br /> by this ordinance shall not be considered (1) Nothing herein contained shall require any
<br /> abandoned or discontinued if the site is inactive change in the plans, construction or intended
<br /> for more than one year. use of a building or premises for which plans
<br /> (2) Any building lawfully erected prior to the have been prepared heretofore, and the
<br /> adoption of this ordinance which does not construction of which shall have been diligently
<br /> conform to the requirements of this ordinance as pursued within three (3) months after the
<br /> to setback, side yards or rear yards, may be effective date of this ordinance.
<br /> continued in use, but any future additions or (2) Nothing herein contained shall prevent the
<br /> structural alterations shall conform to the alteration, restoration or repair of any building
<br /> provisions of this ordinance. occupied by a nonconforming use at the effective
<br /> (3) Any existing nonconforming use may be date of this ordinance; provided, however, that
<br /> changed to another nonconforming use of a the cost of such alteration, restoration or repairs
<br /> similar or more restricted classification or to a, shall not during the life of the building exceed
<br /> conforming use; provided, however, that when a fifty (50) percent of the assessed valuation of
<br /> use has been changed to a conforming use or a such structure or building, such valuation being
<br /> more restricted nonconforming use it may not that in effect for the year in which such use
<br /> again be changed to a less restricted use. became nonconforming.
<br /> (4) No use which is not the principal use of the (3) Nothing herein contained shall prevent the
<br /> land on which it is located shall be considered a restoration of a nonconforming building or
<br /> valid nonconforming use. structure destroyed by fire, explosion, act of God
<br /> (5) Any nonconforming use, the location of or act of public enemy; provided, however, that
<br /> which is changed to another part of the if such destruction shall exceed fifty (50) percent
<br /> premises, shall be considered abandoned one of the assessed valuation of such structure for
<br /> (1) year after the locational change and, in any the year in which such destruction occurs, the
<br /> event, any nonconforming use at the new future use, location, height, setback, rear and
<br /> location shall be invalid. side yards shall conform to this ordinance.
<br /> [History. (1)am.,Sub.3 to OA 36, 1987-88,pub.08/02/88; (4) A building or structure is considered to be
<br /> (1) am., OA 9, 1993-94, pub. 04/20/94; (3)(c) am., OA 43, demolished and nonexistent if during the course
<br /> 1996-97,pub.06/17/97.]
<br /> of restoration, enlargement or other
<br /> 10.22 INTERPRETATION AND APPLICATION. improvement, more than 50% of the pre-existing
<br /> In interpreting and applying the provisions of this structure is removed or must be replaced to
<br /> ordinance they shall be held to be minimum maintain structural integrity. Continuation of the
<br /> requirements for the promotion of health, safety, construction or repair shall be subject to the
<br /> convenience, morals, comfort and general entire structure being in compliance with current
<br /> welfare. It is not intended by this ordinance to zoning regulations based on the parameters for
<br /> interfere with or abrogate or annul any entirely new construction and disregarding any
<br /> easements, covenants or similar agreements nonconforming status. Any variance that may
<br /> between parties, nor is it intended by this have been issued for said building or structure
<br /> ordinance to repeal, abrogate, annul or in any shall be null and void and any zoning permits
<br /> way impair or interfere with any existing shall be rescinded pending verification of
<br /> provisions of law or ordinance, or any rules, compliance. This section shall supersede all
<br /> regulations or permits previously issued or other pertinent sections of this ordinance
<br /> adopted, or which may be issued or adopted including nonconforming ("grandfathered") use or
<br /> according to law relating to use, occupancy, [History.[History.ry. (4)cr.,Sub.1 to OA 31,1991-92,pub.04/22/92.]
<br /> Page 10-41
<br /> rev. 103102
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