Page 20 - Ordinance Chapter 17

restricted nonconforming use or a conforming use, such use shall not thereafter be
changed to a less restricted use.

(3) A nonconforming use shall not be changed to any other nonconforming use unless
or until a permit therefor shall have been issued by the Plan Commission, which
may attach such conditions as it deems appropriate.

(4) If the nonconforming use is discontinued for a period of 12 months, any future use
of the building, premises, structure, or fixture shall conform to the regulations for
the district in which it is located.

(5) (a) The above restrictions on repairs or alterations to damaged or destroyed
nonconforming structures do not prohibit the restoration of a
nonconforming structure if the structure will be restored to the size,
location, and use that it had immediately before the damage occurred if all
of the following apply:

1. The nonconforming structure was damaged or destroyed on or after
May 2, 2006.

2. The damage or destruction was caused by violent wind, vandalism,
fire, flood, ice, snow, mold or infestation.

(b) If the above conditions are applicable, the size of a structure may be larger
than the size it was immediately before the damage or destruction if
necessary for the structure to comply with applicable state or federal
requirements.

(6) If two or more abutting lots, any of which is nonconforming, are or come under
common ownership, such nonconforming lots may not be sold separately from the
abutting lots and shall be combined by the owner with any abutting conforming
lot, or, if none, into one single lot, by use of a deed restriction or similar
instrument, which shall be recorded in the office of the Racine County Register of
Deeds Office. This subsection shall not apply if a habitable principal structure
already exists on each such abutting lot.

17.09 PRIOR PERMITS EXCEPTED.

Nothing herein contained shall require any change in the plans, construction, size or
designated use of any building or part thereof for which a building permit has been issued
before the effective date of this chapter and the construction of which shall have been

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