There are certain situations when the approval for a land use
may be terminated. This division describes the procedures for terminating
an approved use.
The general steps outlined below shall be used in the review
of an application to voluntarily terminate an approval of a land use
authorized under this chapter.
A. 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.
B. 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.
C. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator places the matter on the meeting agenda of the Village
Board.
D. Meeting. Allowing for proper notice, the Village Board considers
the application at a regular or special meeting.
E. Decision. The Village Board makes a decision to i) approve the termination,
ii) approve the termination with conditions, or iii) deny the termination.
F. Preparation of decision document. Based on the action of the Village
Board, the Zoning Administrator prepares a decision document consistent
with this division, subject to the direction provided by the Village
Board.
G. 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.
H. Public record copy. A copy of the decision document is retained as
a public record.
I. Administrative steps. If the application is approved, the Zoning
Administrator updates any Village records to indicate that the use
as specified in the application has been terminated.
The general steps outlined below shall be used in the review
of an application to involuntarily terminate an approval of a land
use authorized under this chapter.
A. Submittal of application materials. The Zoning Administrator shall
complete an application and other required materials.
B. 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.
C. Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Village Board
and the Plan Commission consistent with its adopted calendar.
D. Special notice to property owner. The Zoning Administrator sends
a written notice to the property owner by regular and certified mail
at least 30 calendar days prior to the date of the public hearing.
Such notice should state i) the reasons why the Zoning Administrator
has submitted an application to terminate the specified use; ii) the
date and time of the public hearing; iii) contact information for
the Zoning Administrator, including telephone number; and iv) 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 any supporting evidence.
E. General public notice. Consistent with Division 2 of Article 4, the
Zoning Administrator provides for a Class 2 public notice, property
owner notice, and meeting agenda notice.
F. Public hearing. Allowing for proper notice, the Village Board and
the 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,
the Village Board, or the Plan Commission may request a continuance
consistent with Division 3 of Article 4. If the public hearing is
adjourned, the Village Board or the Plan Commission may direct the
Zoning Administrator, the Village Engineer, and/or Village Attorney
to conduct additional research. In addition, the Plan Commission may
direct the Zoning Administrator to prepare such documents it deems
necessary, including a preliminary decision document.
G. 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 termination, ii) approve the termination with conditions, or iii)
deny the termination.
H. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator places the matter on the meeting agenda of the Village
Board.
I. Village Board meeting. Allowing for proper notice, the Village Board
considers the application at a regular or special meeting.
J. 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
termination, ii) approve the termination with conditions, or iii)
deny the termination.
K. 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.
L. 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 property owner by regular mail
and/or email.
M. Public record copy. A copy of the decision document is retained as
a public record.
N. Administrative steps. If the application is approved, the Zoning
Administrator updates any Village records to indicate that the use
as specified in the application has been terminated.
The Plan Commission, in making its recommendation, and the Village
Board, in making its decision, shall consider the following factors:
A. 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;
B. 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;
C. 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
D. Any other factor that relates to the purposes of this chapter as set forth in §
170.05 or as allowed by state law.
The application submittal shall include an application form
as may be used by the Village. The application form shall request
the following information:
A. The subject property location;
B. A description of the original approval, including conditions of approval,
if any;
C. Verification that the property owner is voluntarily seeking termination
of a conditional use approval or evidence supporting the assertion
that the use may be involuntarily terminated consistent with this
division;
D. A description 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; and
E. Other information deemed necessary.
If the Village Board terminates an approval under this division,
the property owner shall bring the subject property into conformity
with the permitted use regulations of the zoning district in which
the property is located. The Village Board shall establish a timeframe
it determines appropriate to bring the property into compliance. In
making such determination, the Village Board should consider the type
of actions the property owner will need to take to bring the property
into compliance and weather conditions. In no event, shall the compliance
period be less than 30 calendar days or more than nine months.
The property owner or other person having a development interest
in the terminated use 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.