Description: There may be now or in the future certain uses of land that are not in compliance with this chapter, but which were legally established. These uses are referred to as “nonconforming uses,” and consistent with the provisions of Article 21are allowed to continue to operate within certain parameters. For this reason, it is necessary to document those uses that are considered nonconforming. Registration of a use as a nonconforming use provides documentary evidence establishing (1) when the use was first established, (2) that the use at the time of establishment was done consistent with the rules and regulations in effect at the time, if any, (3) that it has continued continuously, without cessation of more than 12 continuous months, (4) and the nature of the use. The procedures and requirements in Division 17 of Article 7.

Initiation: Any of the following may submit an application to determine whether a use should be classified as a nonconforming use:

1. a person having a financial interest in the property or in the use occurring on the property;
2. the zoning administrator;
3. the Plan Commission, or any member thereof;
4. the Mayor; or
5. the Common Council, or any member thereof.

Decision-maker(s): Plan Commission

Application fee: None

Submittal deadline: 2 weeks before Plan Commission meeting

Basis of decision: In making its decision, the Plan Commission shall determine whether there is sufficient evidence to show that (1) the use in question was legally established; (2) such use does not now comply with one or more of the requirements of this chapter; and (3) such use has continued from the date, or approximate date, of establishment to the current date without an interruption of more than 12 continuous months.

Procedure:

1. 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.
2. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Plan Commission.
3. Special notice to property owner. If the application process is not initiated by the property owner, the zoning administrator shall mail a written notice to the property owner by regular and certified mail at least 60 days prior to the date of the Plan Commission meeting. Such notice shall invite the property owner to submit evidence relating to the pending determination. In addition, the notice shall state (a) the reasons why the application has been submitted; (b) the date and time of the meeting; (c) contact information for the zoning administrator, including telephone number; (d) and other information deemed appropriate by the zoning administrator.
4. Meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
5. Decision. The Plan Commission shall determine whether it has sufficient evidence to make a decision, and if so whether the use should or should not be classified as a nonconforming use.  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 date of the initial meeting unless the applicant agrees to an extension of a specified duration.
6. Preparation of decision notice. Based on the action of the Plan Commission, the zoning administrator shall within 15 days of such decision prepare a decision notice consistent with this division.
7. Applicant notification. Within a reasonable time following the Plan Commission’s decision, the administrator shall mail the decision notice to the property owner by regular mail.
8. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
9. Inclusion in registry. If the use is determined to be a nonconforming use, the zoning administrator shall include the nonconforming use in the registry authorized in Article 21.

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