Description: A nonconforming building with a conforming use may be expanded in compliance with all requirements of the zoning code and with the procedures and requirements in Division 19 of Article 7.
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Initiation: The owner of the subject property may submit an application to expand a nonconforming building with a conforming use.

Decision-maker(s): Plan Commission

Application fee: None

Submittal deadline: 2 weeks before the Plan Commission meeting

Basis of decision:

1. The degree of the existing nonconformity (i.e., 1 foot into the setback or 1 foot from the property boundary line),
2. The size and configuration of the lot,
3. Whether the lot conforms to the dimensional standards of the zoning district in which it is located,
4. The size and location of the existing nonconforming building,
5. The size and location of other existing structures and those structures reasonably anticipated on the lot,
6. The impact, if any, that the expansion may have on adjoining properties,
7. Whether the proposed expansion would violate the intent of this chapter, and
8. Any other factor that relates to the purposes of this chapter as set forth in s. 1-5 or as allowed by state law.

Procedure:

1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the zoning administrator to review applicable regulations and procedures and the proposal.
2. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
3. Staff review. Within 30 days of submittal, the zoning administrator shall either place the matter on the agenda for the meeting at which the matter will be considered allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
4. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The zoning administrator shall also provide a copy to interested people upon request.
5. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Plan Commission.
6. Meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
7. Decision. The Plan Commission shall (1) approve the application, (2) approve the application with conditions, or (3) deny the application. The Plan Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the public hearing unless the applicant agrees to an extension of a specified duration.
8. Preparation of decision notice. Based on the action of the Plan Commission, the zoning administrator shall prepare a decision notice consistent with this division.
9. Applicant notification. Within a reasonable time following the Plan Commission’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
10. Acceptance by property owner. If the application is approved, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the City Clerk requesting an extension and the Common Council may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the City. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
11. Recording of decision notice. The decision notice shall be recorded in the Bayfield County register of deeds office when approval is granted.
12. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

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