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<br /> use shall be in conformity to the provisions of way impair or interfere with any existing provisions
<br /> this ordinance except as otherwise provided by of law or ordinance, or any rules, regulations or
<br /> this ordinance. permits previously issued or adopted, or which -
<br /> (b) No building or premises used as a may be issued or adopted according to law relating
<br /> nonconforming use shall be added to or to use, occupancy, location or height of the
<br /> structurally altered so as to increase the facilities buildings or premises; provided, however, that
<br /> for such nonconforming use. when this ordinance imposes a greater restriction
<br /> (c) Mineral extraction operations which upon the use,- occupancy, location or height of
<br /> existed prior to 1969 and were registered with buildings or premises than imposed by such
<br /> and approved by the Dane County Zoning existing provisions of law or ordinance, or by such
<br /> Administrator shall be considered rules, regulations or permits, the provisions of this
<br /> nonconforming uses. ordinance shall control.
<br /> (d) Mineral extraction sites that were
<br /> registered as nonconforming sites as provided by 10.23 COMPLETION, RESTORATION OR
<br /> this ordinance shall not be considered ENLARGEMENT OF EXISTING STRUCTURES. (1)
<br /> abandoned or discontinued if the site is inactive Nothing herein contained shall require any change
<br /> for more than one year. in the plans, construction or intended use of a
<br /> (2) Any building lawfully erected prior to the building or premises for which plans have been
<br /> adoption of this ordinance which does not prepared heretofore, and the construction of which
<br /> conform to the requirements of this ordinance as shall have been diligently pursued within three (3)
<br /> to setback, side yards or rear yards, may be months after the 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 the
<br /> changed to another nonconforming use of a cost of such alteration, restoration or repairs shall
<br /> similar or more restricted classification or to a not during the life of the building exceed fifty (50)
<br /> conforming use; provided, however, that when a percent of the assessed valuation of such structure
<br /> use has been changed to a conforming use or a or building, such valuation being that in effect for
<br /> more restricted nonconforming use it may not the year in which such use became
<br /> again be changed to a less restricted use. nonconforming.
<br /> (4) No use which is not the principal use of (3) Nothing herein contained shall prevent the
<br /> the land on which it is located shall be restoration of a nonconforming building or
<br /> considered a 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 if
<br /> which is changed to another part of the premises, such destruction shall exceed fifty (50) percent of
<br /> shall be considered abandoned one (1) year after the assessed valuation of such structure for the year ,
<br /> the locational change and, in any event, any in which such destruction occurs, the future use,
<br /> nonconforming use at the new location shall be location, height, setback, rear and side yards shall
<br /> invalid. conform to this ordinance.
<br /> [ History: (1) am., Sub. 3 to O.A. 36, 1987-88, (4) A building or structure is considered to be
<br /> pub. 8/2/88; (1) am., O.A. 9, 1993-94, pub. demolished and nonexistent if during the course of
<br /> 04/20/94.] restoration, enlargement or other improvement,
<br /> more than 50% of the pre-existing structure is
<br /> 10.22 INTERPRETATION AND APPLICATION. removed or must be replaced to maintain structural
<br /> In interpreting and applying the provisions of this integrity. Continuation of the construction or
<br /> ordinance they shall be held to be minimum repair shall be subject to the entire structure being
<br /> requirements for the promotion of health, safety, in compliance with current zoning regulations
<br /> convenience, morals, comfort and general based on the parameters for entirely new
<br /> welfare. It is not intended by this ordinance to construction and disregarding any nonconforming
<br /> interfere with or abrogate or annul any status. Any variance that may have been issued for
<br /> easements, covenants or similar agreements said building or structure shall be null and void
<br /> between parties, nor is it intended by this and any zoning permits shall be rescinded pending
<br /> ordinance to repeal, abrogate, annul or in any verification of compliance. This section shall
<br /> rev. 103194 •
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