Zoning Code | Procedures | Termination of Approval

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Termination of Approval
Description: There are certain situations when the approval for a land use may be terminated. Division 18 of Article 7 describes the requirements and procedures for terminating an approved use.

Initiation: 
   (a) Voluntary termination of a conditional use. The property owner is authorized to submit an application to terminate a conditional use approval for his or her property.

   (b) Involuntary termination of conditional use approval due to cessation. The zoning administrator is authorized to submit an application to terminate a conditional use approval when he or she determines the land use authorized by such approval has ceased to operate for more than 12 months.

   (c) Involuntary termination of a conditional use approval due to violation. The zoning administrator is authorized to submit an application to terminate a conditional use approval when he or she determines that the property owner has violated one or more conditions of approval and action has not been taken to correct the violation.

   (d) Involuntary termination of a specified land use due to cessation. The zoning administrator is authorized to submit an application to terminate an approved land use when he or she determines that such use is no longer in use for the time period specified for such use.

   (e) Involuntary termination of a nonconforming use. The zoning administrator  is authorize to submit an application to terminate a nonconforming use when he or she determines that such use is having a significant harmful effect on the public health, safety, and welfare or the nonconforming use has ceased to operate for the period of time required by this chapter to retain designation as a nonconforming use.

Decision-maker(s): If the application is voluntary, Common Council; if the application if for involuntary termination, Plan Commission makes a recommendation and the Common Council makes the final decision

Application fee: none

Submittal deadline: Voluntary - 2 weeks before Council meeting

Basis of decision:
  1. The nature of those buildings or other structures, if any, on the subject property that relate to the use and the extent to which they are or are not otherwise permitted in the district in which the subject property is located;
  2. Effects of the existing use on surrounding properties, including detriment to the full and complete use of such properties and potential for concerns related to possible nuisances;
  3. Effects of the existing use on the normal and orderly development and improvement of the surrounding property for those uses permitted in the zoning district in which they are located; and
  4. 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:
   (a) Voluntary termination
  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. 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.
  3. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
  4. Meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
  5. Decision. The Common Council shall (1) approve the termination, (2) approve the termination with conditions, or (3) deny the termination. The Common Council 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 Common Council, the zoning administrator shall prepare a decision notice consistent with this division.
  7. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
  8. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
  9. Administrative steps. If the application is approved, the zoning administrator shall update any city records to indicate that the use as specified in the application has been terminated.

    (b) Involuntary termination
  1. Submittal of application materials. The zoning administrator shall complete an application and other required materials.
  2. Staff review. Within 30 days of submittal, the zoning administrator shall either schedule a date for the public hearing 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.
  3. Special notice to property owner. The zoning administrator shall mail a written notice to the property owner by regular and certified mail at least 30 days prior to the date of the public hearing. Such notice shall state (a) the reasons why the zoning administrator has submitted an application to terminate the specified use; (b) the date and time of the public hearing; (c) contact information for the zoning administrator, including telephone number; (d) and other information deemed appropriate by the zoning administrator. If the action is intended to terminate a conditional use for a violation, the notice shall state the alleged violation along with supporting evidence. If the action is intended to terminate an inactive land use, the notice shall state the time period when the land use was not in use along with supporting evidence.
  4. General public 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.
  5. Public hearing. Allowing for proper notice, the Plan Commission and Common Council shall conduct a joint public hearing consistent with Division 3 of Article 6. Prior to the close of the public hearing, the applicant, Plan Commission, or Common Council may request a continuance consistent with Division 3 of Article 6.
  6. Recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, 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 termination, (2) approve the termination with conditions, or (3) deny the termination.
  7. Transmittal of recommendation. If the Plan Commission action is favorable (i.e., to terminate), the zoning administrator shall draft a decision document effectuating its determination. If the Plan Commission action is not favorable (i.e., to not terminate), the Plan Commission shall report its determination to the Common Council including its reasons for denial.
  8. 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.
  9. Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, 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 termination, (2) approve the termination with conditions, or (3) deny the termination.
  10. Preparation of decision notice. Based on the action of the Common Council, the zoning administrator shall prepare a decision notice consistent with this division.
  11. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision notice by regular mail to the property owner.
  12. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
  13. Administrative steps. If the application is approved, the zoning administrator shall update any city records to indicate that the use as specified in the application has been terminated.