There may exist lots, structures, and uses in the Village that were lawfully established but that do not now comply with one or more provisions of the district in which they are located.

It is reasonable to generally allow, but not encourage, nonconforming uses to continue until such time as they are removed or discontinued.

A nonconformity that is removed, discontinued, changed, extended, or enlarged shall be made to conform to the regulations that apply to the district in which it is located.

State law permits the reconstruction of nonconforming structures under certain circumstances.

There is a substantial public benefit to reducing the number of existing off-premises billboards that exceed the size limitations established in this chapter.

Content of registry. The Zoning Administrator is authorized to develop and maintain a registry of:

Form of registry. At the discretion of the Zoning Administrator, the registry may consist of either a written list or digital records that may be tied to property records maintained by Winnebago County.

Generally. A nonconforming lot may be used for an allowable use, provided such use complies with all other dimensional standards of the zoning district in which the lot is located.

Alteration of property boundary lines. The location of a property boundary line of a nonconforming lot shall not be moved, except when a relocation will bring the nonconforming lot closer to compliance and will not create nonconformance on the adjoining lot.

Reconstruction allowed. A nonconforming structure containing a conforming use may be rebuilt, in whole or in part, if the reconstructed structure is not located on more than one parcel and is identical in all respects to its size, shape, height, and footprint prior to reconstruction.

Enlargement. A nonconforming structure shall not be enlarged or altered, except as permitted in this subsection. In those instances where a nonconforming structure is used for residential purposes, the footprint of the structure may be enlarged provided the portion of the structure being added complies with all applicable dimensional standards, including setback and building height standards.

Reconstruction following damage. A nonconforming structure that is damaged by violent wind, vandalism, fire, flood, ice, snow, or other act of nature, on or after March 2, 2006, may be restored to its condition (size, location, and use) prior to the damage, except that the structure may be larger when necessary to comply with state or federal requirements.

Unsafe conditions, ordinary maintenance, and remodeling. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof, ordinary repair and maintenance, or remodeling provided that the work conforms to the provisions in this chapter.

Generally. A nonconforming use may continue to exist so long as it remains otherwise lawful, subject to the provisions in this section.

Cessation of use. If a nonconforming use ceases for any reason, whether intentional or otherwise, for more than 12 consecutive months, such use shall not be reestablished. If the Zoning Administrator determines that a nonconforming use has ceased to operate for more than the aforementioned time period, he or she shall initiate the process established under Division 6 of Article 6.

Change in extent. Except as may be provided in this article or in state law, a nonconforming use shall not be enlarged, increased, or expanded and shall not occupy a greater area than what existed on the effective date of this chapter or any amendment thereto that created the nonconforming use.

Limitation on structural alterations. Structural alterations to a structure housing a nonconforming use shall not exceed, on an accumulative percentage basis, 50% of the equalized assessed value of such structure. For example, if a property owner makes structural alterations, the cost of which equals 40% of the current equalized assessed value of the structure, additional structural alterations are limited to 10% of the equalized assessed value at the time of the work.

Change of location. A nonconforming use shall not be moved in whole or in part to any other portion of the lot or to another structure than what was occupied on the effective date of this chapter or any amendment thereto that created the nonconforming use.

Casual, occasional, accessory, or incidental use. Casual, occasional, accessory, or incidental use after the primary nonconforming use has terminated shall not be deemed to perpetuate a nonconforming use.

Change of production. A change in the method or quantity of production and the incorporation of new technology into a nonconforming use is permitted provided the original character of the use remains the same.

Nonconforming use as a public nuisance. A nonconforming use, regardless of its duration, may be prohibited or restricted if it constitutes a public nuisance or is harmful to the public health, safety, or welfare.

Unsafe conditions. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof, provided that such work conforms to the provisions in this chapter.

Licensing. The operator of a nonconforming use shall obtain such licenses as may be required by the State of Wisconsin, or its designated agent; Winnebago County; and/or the Village of Fox Crossing, and maintain such licenses for the life of the use or until the entity no longer requires such license.

Generally. Subject to the requirements in Division 5 of Article 7, except as modified in this section, a nonconforming use may be determined to be a conditional use.

Special review criteria. In addition to the review criteria in Division 5 of Article 7, the Village Board and Village Planning Commission in making their decision shall make the following determinations:

Expansion and change in a nonconforming conditional use. If a nonconforming use is approved as a conditional use, it is not subject to the restrictions contained in this article. Any proposed expansion or change in a nonconforming conditional use shall be reviewed as an amendment to the initial approval.

Changes to copy. The copy of a nonconforming sign may be changed.

Billboards/off-premises signs. A legal nonconforming billboard/off-premises sign, as defined in § 435.10-13A, that has a static message display shall not be converted, in whole or in part, to an electronic message display, except under the following conditions: