A nonconforming building (i.e., a building built too close to a lot line) with a conforming use may be expanded in compliance with all requirements of the Zoning Code and with the procedures and requirements of this division.
The owner of the subject property may submit an application to expand a nonconforming building with a conforming use.
The general steps outlined below shall be used in the review of an application to expand a nonconforming building.
A. 
Presubmittal meeting with staff. 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.
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 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 will also provide a copy to interested people upon request.
F. 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.
G. 
Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.
H. 
Plan Commission recommendation. The Plan Commission makes a recommendation to i) approve the expansion, ii) approve the expansion with conditions, or iii) deny the expansion.
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. The Village Board makes a decision to i) approve the expansion, ii) approve the expansion with conditions, or iii) deny the expansion.
L. 
Preparation of decision document. Based on the action of the Village Board, the Zoning Administrator prepares a decision document consistent with this division.
M. 
Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator 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 decision document 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 decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.
O. 
Recording of decision document. The decision document is recorded in the Washington County Register of Deeds office when approval is granted.
P. 
Public record copy. A copy of the decision document is retained as a public record.
The review authority shall consider the following factors:
A. 
The degree of the existing nonconformity (i.e., one foot into the setback or one foot from the property boundary line);
B. 
The size and configuration of the lot;
C. 
Whether the lot conforms to the dimensional standards of the zoning district in which it is located;
D. 
The size and location of the existing nonconforming building;
E. 
The size and location of other existing structures and those structures reasonably anticipated on the lot;
F. 
The impact, if any, that the expansion may have on adjoining properties;
G. 
Whether the proposed expansion would violate the intent of this chapter; and
H. 
Any other factor that relates to the purposes of this chapter set forth in § 170.05 or as allowed by state law.
A. 
Generally. In approving an expansion of a nonconforming building, the Village Board may impose one or more conditions of approval deemed necessary to further the intent and purposes of this chapter. Such conditions, for example, may relate to landscaping, screening, and the maximum size of the building(s), or impose limitations on additional buildings otherwise allowed on the subject property under the applicable zoning district regulations.
B. 
Effect on contracts with another party. The Village Board shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]
[1]
Editorial Note: See § 62.23(7)(gm), Wis. Stats. The Village, for example, could not require an applicant to terminate an existing contract with another party that is engaged in a lawful use of the property.
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.[1]
[1]
Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.
A. 
Approval. If the application for an expansion of a nonconforming building is approved, the decision document should include the following:
(1) 
A statement that the building expansion is approved;
(2) 
A description of the building project;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
Conditions of approval, if any;
(5) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(6) 
A statement that an aggrieved person, other than the applicant, may appeal the decision and that any work done by the applicant as authorized by the approval is done at the applicant's risk;
(7) 
Other information the Village Board or Zoning Administrator deems appropriate;
(8) 
The signature of the Zoning Administrator on behalf of the Village Board; and
(9) 
The date of the decision.
B. 
Denial. If the application for expansion of a nonconforming building is denied, the decision document should include the following:
(1) 
A statement that the building expansion is denied;
(2) 
Reasons for the decision based on the criteria listed in this division;
(3) 
A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;
(4) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(5) 
Other information the Village Board or Zoning Administrator deems appropriate;
(6) 
The signature of the Zoning Administrator on behalf of the Village Board; and
(7) 
The date of the decision.
If the review authority approves the expansion of a nonconforming building, the approval runs with the land and is binding on all subsequent property owners.
An approval to expand a nonconforming building shall automatically expire 12 months after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed 12 months, provided that:
A. 
The permit holder requests the extension prior to the expiration of the permit;
B. 
The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and
C. 
The project complies with this chapter in effect at the time the extension is granted.
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.