An existing nonconforming use (e.g., a tavern in a residential
district) may be converted to another nonconforming use, provided
that the new use is determined to be less nonconforming (e.g., from
a tavern to a restaurant).
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 Division
14 of this article.
The general steps outlined below shall be used in the review
of an application for a conversion of a nonconforming use.
A. Presubmittal meeting with staff. Before submitting an application,
the applicant or the applicant's agent shall meet with the Zoning
Administrator to review i) applicable regulations and procedures,
ii) applicable sections of the Village's Comprehensive Plan, and iii)
the proposal. Upon request, the Zoning Administrator may waive the
requirement to hold a presubmittal 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 Village's zoning
requirements.
B. Submittal of application materials. The applicant submits a completed
application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
C. Determination of completeness. The Zoning Administrator reviews the
submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. The Zoning Administrator will take
no further steps to process the application until the deficiencies
are remedied. The incomplete application is retained as a public record.
A determination that an application is complete means the application
is ready for formal review and does not suggest the applicant has
provided sufficient information in all regards or preclude the reviewing
authority from requesting additional information it deems appropriate.
D. Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Plan Commission
consistent with its adopted calendar.
E. Staff report preparation and distribution. The Zoning Administrator
may prepare a written staff report as described in this division and
provides a copy of it to each member of the Plan Commission and Village
Board, the applicant, and any other interested person upon request.
F. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator provides for i) a Class 2 public notice, ii) property
owner notice, and iii) meeting agenda notice.
G. Public hearing. Allowing for proper notice, the Village Board and
Plan Commission conduct a joint public hearing consistent with Division
3 of Article 4, with the Village President serving as the presiding
officer. Prior to the close of the public hearing, the applicant,
Village Board, or Plan Commission may request a continuance consistent
with Division 3 of Article 4. If the public hearing is adjourned,
the Village Board or Plan Commission may direct the Zoning Administrator,
the Village Engineer, and/or Village Attorney to conduct additional
research and to prepare such documents it deems necessary, including
a preliminary decision document.
H. Plan Commission recommendation. After considering all of the information
submitted by the applicant, public comments received at the public
hearing, the Plan Commission makes a recommendation to the Village
Board based on the decision criteria in this division to i) approve
the conversion, ii) approve the conversion with conditions, or iii)
deny the conversion.
I. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator places the matter on the meeting agenda of the Village
Board.
J. Village Board meeting. Allowing for proper notice, the Village Board
considers the application at a regular or special meeting.
K. 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 Village Board makes a decision
based on the decision criteria in this division to i) approve the
conversion, ii) approve the conversion with conditions, or iii) deny
the conversion.
L. Preparation of decision document. Based on the action of the Village
Board, the Zoning Administrator prepares a final decision document
consistent with this division, subject to the direction given by the
Village Board. If approved, the Zoning Administrator shall also prepare
a conversion order.
M. Applicant notification. If the application is denied, the Zoning
Administrator, within a reasonable time following the Village Board's
decision, but not more than 10 workdays, sends the decision document
to the applicant by regular mail and/or email.
N. Acceptance by property owner. If the application is approved, the
property owner must sign the conversion order to acknowledge the terms
of the approval and return the same to the Zoning Administrator within
six months of the decision. Prior to the expiration of the previously
specified time period, the property owner may submit a petition to
the Zoning Administrator requesting an extension and the Zoning Administrator
may, with cause, extend the period within which the decision document
must be signed. If the signed decision document is not returned within
the initial or extended time period, if any, the decision shall automatically
become null and void without any further action by the Village at
the expiration of such time limit. 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.
O. Public record copy. A copy of the decision document is retained as
a public record.
P. Recordation. If the property owner signs the approved conversion
order, the Zoning Administrator records the conversion order in the
office of the Washington County Register of Deeds.
The Plan Commission and Village Board 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 Plan
Commission shall not recommend and the Village Board shall not approve
a conversion when the new nonconforming use would be more of a nonconformity
than the existing nonconforming use.
The application submittal shall include an application form
as may be used by the Village and a site plan prepared at a scale
of one inch equals 20 feet or other appropriate scale depicting the
information listed in Appendix F.
The staff report should include the following:
A. A description of the requested conversion;
B. Preliminary findings for the decision criteria listed in this division;
C. A recommendation to approve the application, approve the application
with conditions, or deny the application;
D. A preliminary list of conditions, whether the staff recommendation
is for approval or denial; and
E. Other information deemed necessary.
If the conversion is approved, a conversion order shall be prepared
and adopted that includes 1) a description of the subject property's
location (e.g., address, parcel number, reference to a parcel in a
certified survey map or subdivision plat); 2) a description of the
existing and of the new nonconforming use; 3) conditions of approval,
if any; and 4) other provisions deemed necessary given the nature
of the approval.
If the Village Board approves the conversion, such approval
shall run with the land and is binding on all subsequent property
owners.
If the Zoning Administrator determines that substantial work
as authorized by a conversion approval did not commence within 12
months of the date of approval or if substantial work did commence
within 12 months of the date of approval but has not continued in
good faith to completion, he or she shall initiate the process to
terminate the approval pursuant to Division 13 of this article. Upon
petition and with cause, the Zoning Administrator may grant a one-time
extension, not to exceed six months.
Following approval of a conversion, the Plan Commission shall
review all proposed changes to the approval. If, in the opinion of
the Plan Commission, the proposed change constitutes a minor alteration,
the Plan Commission may approve the requested change in writing at
a regular or special meeting of the Plan Commission without following
the review procedure in this division. If the proposed change constitutes
a major alteration, the review procedure in effect at the time of
submittal shall be followed.
An aggrieved person may appeal a final decision made pursuant
to this division by filing an appeal with a court of competent jurisdiction
within 30 calendar days of the final decision.