There are certain situations when the approval for a land use may be terminated. This division describes the procedures for terminating an approved use.
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 satisfactory 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 authorized 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.
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.
A. 
Approval. If the application to terminate an approval is approved, the decision document should include the following:
(1) 
A statement that the specified use is terminated;
(2) 
A description of the land use being terminated;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
Requirements for the removal of any building or other structure, if any, on the subject property that is related to the terminated use and that is not otherwise permitted in the zoning district in which the subject property is located;
(5) 
A statement that the decision may be appealed as provided for in this division;
(6) 
Other information the Village Board or Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the Village Board; and
(8) 
The date of the decision.
B. 
Denial. If the application to terminate an approval is denied, the decision document should include the following:
(1) 
A statement that the specified use continues to be an approved use;
(2) 
A description of the land use;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
A statement that the decision may be appealed as provided for in this division;
(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 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.