Description: Upon written petition, the Common Council may, on a case-by-case basis, allow the conversion of a nonconforming use to another nonconforming use. Division 18 of Article 7 describes the requirements and procedures.
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Initiation: The owner of the subject property may submit an application for a conversion of a nonconforming use, but only when the nonconforming use has been registered as a nonconforming use pursuant to Article 7.

Decision-maker(s): Plan Commission makes a recommendation and the Common Council makes the final decision

Application fee: None

Submittal deadline: 2 weeks before the Plan Commission meeting

Basis of decision: The Plan Commission in making its recommendation and the Common Council in making its decision shall compare the known and anticipated impacts of the existing nonconforming use on properties in the area and those of the proposed nonconforming use. The Common Council shall not approve a conversion when the new nonconforming use would be more of a nonconformity than the existing nonconforming use.

Procedure:

1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall  meet with the zoning administrator to review (1) applicable regulations and procedures, (2) applicable sections of the City’s comprehensive plan, and (3) the proposal. Upon request, the zoning administrator may waive the requirement to hold a pre-submittal meeting when he or she determines such meeting is not necessary given the nature of the project and/or the extent to which the applicant understands the City’s zoning requirements.
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 Common Council, the applicant, and any other interested person upon request.
5. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall provide for a class 2 public notice, property owner notice, and meeting agenda notice
6. Public hearing. Allowing for proper notice, the Plan Commission and the Common Council shall conduct a joint public hearing to review the application consistent with Division 3 of Article 6. Prior to the close of the public hearing, the applicant, the Plan Commission, or the Common Council may request a continuance consistent with Division 3 of Article 6.
7. Recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, the Plan Commission, no more than 40 days after the public hearing, shall make a recommendation to the Common Council based on the decision criteria contained in this division to (1) approve the conversion, (2) approve the conversion with conditions, or (3) deny the conversion.
8. Transmittal of recommendation. If the Plan Commission action is favorable, the zoning administrator shall draft an ordinance effectuating its determination. If the Plan Commission action is not favorable, the Plan Commission shall report its determination to the Common Council including its reasons for denial.
9. Staff follow-up. If the Plan Commission does not render a decision immediately following the public hearing, the Plan Commission may direct the zoning administrator, city engineer, and/or the city attorney to submit a follow-up report to the commission and/or direct the zoning administrator to prepare such documents it deems necessary, including a preliminary decision document.
10. General notice.  Consistent with division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
11. Common Council meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
12. Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, and the Plan Commission’s recommendation, the Common Council shall make a decision based on the decision criteria contained in this division to (1) approve the conversion, (2) approve the conversion with conditions, or (3) deny the conversion.
13. Preparation of decision notice. Based on the action of the Common Council, the zoning administrator shall prepare a decision notice consistent with this division, and a conversion order if approved.
14. Applicant notification. If the application is denied, the zoning administrator shall, within a reasonable time following the Common Council’s decision, mail the decision notice to the applicant by regular mail.
15. Acceptance by property owner. If the application is approved, the property owner shall sign the approved conversion order to acknowledge the terms of the approval 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 conversion order shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
16. Recordation. If the property owner signs the approved conversion order, the zoning administrator shall record the conversion order in the office of the Bayfield County register of deeds.

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