A.
Applicability. If these standards conform with W.S.A. s. 59.69(10)
for counties or W.S.A. s. 62.23(7)(h) for cities and villages, they
shall apply to all modifications or additions to any nonconforming
use or structure and to the use of any structure or premises which
was lawful before the passage of this chapter or any amendment thereto.
B.
The existing lawful use of a structure or its accessory use which
is not in conformity with the provisions of this chapter may continue
subject to the following conditions:
(1)
Modifications or additions; ordinary maintenance; decks.
(a)
No modifications or additions to a nonconforming use or structure
shall be permitted unless they comply with this chapter. The words
"modification" and "addition" include, but are not limited to, any
alteration, addition, modification, structural repair, rebuilding
or replacement of any such existing use, structure or accessory structure
or use. Ordinary maintenance repairs are not considered an extension,
modification or addition; these include painting, decorating, paneling
and the replacement of doors, windows and other nonstructural components
and the maintenance, repair or replacement of existing private sewage
or water supply systems or connections to public utilities. Ordinary
maintenance repairs do not include any costs associated with the repair
of a damaged structure.
(b)
The construction of a deck that does not exceed 200 square feet
and that is adjacent to the exterior wall of a principal structure
is not an extension, modification or addition. The roof of the structure
may extend over a portion of the deck in order to provide safe ingress
and egress to the principal structure.
(2)
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, it is no longer permitted,
and any future use of the property, and any structure or building
thereon, shall conform to the applicable requirements of this chapter.
(3)
The municipality shall keep a record which lists all nonconforming
uses and nonconforming structures, their present equalized assessed
value, the cost of all modifications or additions which have been
permitted, and the percentage of the structure's total current
value those modifications represent.
(4)
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dryland access must be provided for residential and commercial uses in compliance with § 300-16A. The costs of elevating a nonconforming building or a building with a nonconforming use to the flood-protection elevation are excluded from the fifty-percent provisions of this subsection.
(5)
Destruction of or substantial damage to structure.
(a)
Except as provided in Subsection B(5)(b), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value.
(b)
For nonconforming buildings that are damaged or destroyed by
a nonflood disaster, the repair or reconstruction of any such nonconforming
building may be permitted in order to restore it after the nonflood
disaster, provided that the nonconforming building will meet all of
the minimum requirements under applicable FEMA regulations (44 CFR
Part 60) or the regulations promulgated thereunder.
(6)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with § 300-12A, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 300-29 are used.