There may be now or in the future certain uses of land that
are not in compliance with this chapter, but which were legally established.
These uses are referred to as "nonconforming uses," and consistent
with the provisions of Article 15 are allowed to continue to operate
within certain parameters. For this reason, it is necessary to document
those uses that are considered nonconforming. Registration of a use
as a nonconforming use provides documentary evidence establishing
1) when the use was first established; 2) that the use was established
consistent with the rules and regulations in effect at the time, if
any; 3) that the use has operated continuously, without cessation
of more than 12 continuous months; and 4) the nature of the use. Failure
to register a nonconforming use does not result in prohibition of
the use, but in any future situation where the owner asserts the use
is a nonconforming use, the property owner shall have the burden of
so proving.
Any of the following may submit an application to determine
whether a use should be registered as a nonconforming use:
A. A person having a financial interest in the property or in the use
occurring on the property;
B. The Zoning Administrator;
C. The Plan Commission, or any member thereof; and
D. The Village Board, or any member thereof.
The general steps outlined below shall be used to determine
if an existing use should be registered as a nonconforming use.
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. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator places the matter on the meeting agenda of the Plan
Commission.
C. Special notice to property owner. If the application process is not
initiated by the property owner, the Zoning Administrator sends a
written notice to the property owner by regular and certified mail
at least 60 calendar days prior to the date of the Plan Commission
meeting. Such notice shall invite the property owner to submit evidence
relating to the pending determination. In addition, the notice should
state i) the reasons why the application has been submitted; ii) the
date and time of the meeting; iii) contact information for the Zoning
Administrator; and iv) other information deemed appropriate by the
Zoning Administrator.
D. Meeting. Allowing for proper notice, the Plan Commission considers
the application at a regular or special meeting.
E. Plan Commission recommendation. The Plan Commission determines whether
it has sufficient evidence to make a recommendation, and if so whether
the use should or should not be classified as a nonconforming use.
F. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator places the matter on the meeting agenda of the Village
Board.
G. Village Board meeting. Allowing for proper notice, the Village Board
considers the application at a regular or special meeting.
H. Decision. After considering the Plan Commission's recommendation,
the Village Board determines whether it has sufficient evidence to
make a final decision, and if so whether the use should or should
not be classified as a nonconforming use.
I. 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.
J. 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.
K. Public record copy. A copy of the decision document is retained as
a public record.
L. Inclusion in registry. If the use is determined to be a nonconforming
use, the Zoning Administrator shall include the nonconforming use
in the registry authorized in Article 15.
In making its decision, the review authority shall determine
whether there is sufficient evidence to show that:
A. The use in question was legally established;
B. Such use does not now comply with one or more of the requirements
of this chapter; and
C. Such use has continued from the date, or approximate date, of establishment
to the current date without an interruption of more than 12 continuous
months.
If the Plan Commission determines that a land use meets the
criteria for a nonconforming use, such decision constitutes documentary
evidence establishing the legitimacy and nature of the use as a nonconforming
use.
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.