|
Chapter 10
<br /> site is suitable. When a salvage recycling center is [History: (1) am., Sub. 3 to OA 36, 1987-88, pub.
<br /> licensed by the town, then the responsibility of 08/02/88;(1)am.,OA 9, 1993-94,pub. 04/20/94.]
<br /> controlling such salvage recycling center rests with 10.22 INTERPRETATION AND APPLICATION.
<br /> the town. In interpreting and applying the provisions of this
<br /> [History: am., Sub. 2 to OA 11, 1991-92, pub. ordinance they shall be held to be minimum
<br /> 12/18/91.] requirements for the promotion of health, safety,
<br /> convenience,morals, comfort and general welfare. It
<br /> 10.21 NONCONFORMING USES. (1)(a) The is not intended by this ordinance to interfere with or
<br /> lawful use of a building or premises existing at the abrogate or annul any easements,covenants or similar
<br /> time of adoption of this ordinance may be continued agreements between parties, nor is it intended by this
<br /> as a nonconforming use, but if such nonconforming ordinance to repeal, abrogate, annul or in any way
<br /> use shall be discontinued for a period of one(1)year, impair or interfere with any existing provisions of law
<br /> such nonconforming use will be deemed to have or ordinance, or any rules, regulations or permits
<br /> terminated and any future use shall be in conformity previously issued or adopted, or which may be issued
<br /> to the provisions of this ordinance except as or adopted according to law relating to use,
<br /> otherwise provided by this ordinance. occupancy, location or height of the buildings or
<br /> (—` (b) No building or premises used as a premises; provided, however, that when this
<br /> ' nonconforming use shall be added to or structurally ordinance imposes a greater restriction upon the use,
<br /> altered so as to increase the facilities for such occupancy, location or height of buildings or
<br /> nonconforming use. - premises than imposed by such existing provisions of
<br /> (c) Mineral extraction operations which law or ordinance, or by such rules, regulations or
<br /> existed prior to 1969 and were registered with and permits,the provisions of this ordinance shall control.
<br /> approved by,the Dane County Zoning Administrator
<br /> shall be considered nonconforming uses. 10.23 COMPLETION, RESTORATION OR
<br /> (d) Mineral extraction sites that were ENLARGEMENT OF EXISTING
<br /> registered as nonconforming sites as provided by this r STRUCTURES. (1)Nothing herein contained shall
<br /> ordinance shall not be considered abandoned or require any change in the plans, construction or
<br /> discontinued if the site is inactive for more than one intended use of a building or premises for which
<br /> year. plans have been prepared heretofore, and the
<br /> (2) Any building lawfully erected prior to the construction of which shall have been diligently
<br /> adoption of this ordinance which does not conform to pursued within three (3) months after the effective
<br /> the requirements of this ordinance as to setback, side date of this ordinance.
<br /> yards or rear yards,may be continued in use,but any (2) Nothing herein contained shall prevent the
<br /> future additions or structural alterations shall conform alteration, restoration or repair of any building
<br /> to the provisions of this ordinance. occupied by a nonconforming use at the effective date
<br /> (3) Any existing nonconforming use may be of this ordinance;provided, however, that the cost of
<br /> changed to another nonconforming use of a similar or such alteration, restoration or repairs shall not during
<br /> more restricted classification or to a conforming use; the life of the building exceed fifty(50)percent of the
<br /> provided,however,that when a use has been changed assessed valuation of such structure or building, such
<br /> to a conforming use or a more restricted valuation being that in effect for the year in which
<br /> nonconforming use it may not again be changed to a such use became nonconforming.
<br /> less restricted use. (3) Nothing herein contained shall prevent the
<br /> (4) No use which is not the principal use of the restoration of a nonconforming building or structure
<br /> ' land on which it is located shall be considered a valid destroyed by fire, explosion, act of God or act of
<br /> nonconforming use. public enemy; provided, however, that if such
<br /> (5) Any nonconforming use,the location of which destruction shall exceed fifty (50) .percent of the
<br /> is changed to another part of the premises, shall be assessed valuation of such structure for the year in
<br /> considered abandoned one (1) year after the which such destruction occurs,, the future use,
<br /> locational change and, in any event, any location, height,`setback, rear and side yards shall
<br /> nonconforming use at the new location shall be conform to this ordinance.
<br /> invalid. •
<br /> Page 37
<br /> Revised 4-30-97
<br />
|