(1)

Any lawfully established use of a structure or land, on the effective date of this chapter, or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.

(2)

Any legal nonconforming structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

(3)

Any structure for which a permit has been lawfully granted prior to the effective date of this chapter; or of amendments hereto may be completed in accordance with the approved plans, provided that construction is started within 90 days and diligently pursued to completion. Such structure shall thereafter be deemed a lawfully established structure.

(4)

Where this chapter by its adoption has reclassified property to a more restrictive district, the owner thereof may use such property for any use or structure permitted under the previous zoning district, provided that such use is commenced within one year from the adoption of this chapter or that a building permit is obtained for such structure during such period and construction is diligently pursued thereafter. Such use or structure shall thereafter be classified a nonconformity.

(1)

Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

(2)

Whenever a nonconforming use of a structure or part thereof has been discontinued for a period of six consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established and the use of the premises thereafter shall be in conformity with the regulations of the district. (Ord. No. 85-83)

(3)

Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

(4)

A use not authorized by the provisions of the Winnebago County Zoning Ordinance in effect at the time this ordinance becomes effective shall be discontinued and not re-established, except when the provisions of this chapter find the use to be conforming to the district in which it is then located.

A nonconforming use or a nonconforming structure may not be replaced by nor changed to another nonconforming use or nonconforming structure; provided, however, a nonconforming use or a nonconforming structure may be thus changed or replaced in any zoning district as a special use, pursuant to the procedure set forth in section Z-88 herein.

The period of time during which the following nonconforming uses and structures may continue or remain in residential districts shall be limited to two years from the effective date of this chapter, or of any amendment hereto which causes the use or structure to be nonconforming. Every such nonconforming use or structure shall be completely removed from the premises at the expiration of the two-year period.

(1)

Any nonconforming structure having an assessed valuation not in excess of $500.00 on the effective date of this chapter.

(2)

All nonconforming signs.

(3)

All nonconforming uses where no enclosed building is involved; or where the only buildings employed are accessory or incidental to such use, or where such is maintained in connection with a conforming building. (Ord. No. 34-18, 10-1-2018)

(1)

Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.

(2)

No structural alteration shall be made in a structure containing a nonconforming use, except in the following situations:

(a)

When the alteration is required by law.

(b)

When the alteration will actually result in eliminating the nonconforming use or structure.

(c)

When a building in a residential district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at that time, the structure can be rebuilt or used thereafter, only in compliance with the provision of the district in which it is located. In the event the damage or destruction is less than 50 percent of its replacement value based upon prevailing costs, the structure may then be restored to its original condition and the structure and use thereof may then continue as before the partial destruction.

In either event, restoration or repair of the structure or other structure must be started within a period of six months from the date of damage or destruction, and diligently pursued to completion.

(1)

A conforming structure containing a nonconforming use may be enlarged or extended only if the entire structure is thereafter devoted to a conforming use.

(2)

No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(3)

No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of this chapter, or to displace any conforming uses in the same building or on the same parcel.

(4)

A structure which is nonconforming with respect to yards, heights or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner, unless all bulk regulations are complied with as to the portion altered or expanded. (Ord. No. 20-88)

(1)

All outdoor advertising structures, existing on or prior to the effective date of the adoption of this chapter or the effective date of a change in land use classification which may occur hereafter, which do not conform to the provisions of this chapter relating to the district in which such outdoor advertising structures are located, shall be removed within five years from the date when such use became nonconforming and shall not be maintained after such five year amortization period.

(2)

Wherever, by reason of the spacing limitations of this chapter, as noted in this chapter, a greater number of outdoor advertising structures exist than this chapter permits, the planning and zoning commission shall determine the date of establishment of each such outdoor advertising structure, and such structures shall be removed in reverse order of their establishment.