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.
A. 
The application submittal shall include an application form as may be used by the Village and scaled drawing of the property and the location of the land use on the property. At a minimum, the application shall request the following information:
(1) 
The date, or approximate date, the use was first established or believed to be first established;
(2) 
Evidence showing that the use at the time of establishment was legally established;
(3) 
The date, or approximate date, when the use became nonconforming;
(4) 
The section of the zoning regulation causing the use to be nonconforming;
(5) 
Evidence showing that the use has continued from the date, or approximate date, of establishment to the current date without an interruption of more than 12 continuous months; and
(6) 
The nature of the use and location on the property.
B. 
Sources of such information may be derived from any of the following:
(1) 
Written document (e.g., business license, meeting minutes, reports, planning documents, or a permit or other authorization) maintained by a local, state, or federal governmental body;
(2) 
A newspaper article;
(3) 
A dated photograph;
(4) 
An aerial photograph;
(5) 
A sworn affidavit supplied by the applicant or any other person; and
(6) 
Any other authoritative source as approved by the Zoning Administrator.
A. 
Approval. If the application for registering a nonconforming use is approved, the decision document should include the following:
(1) 
A statement that the application is approved;
(2) 
A description of the use;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
A statement that the applicant may appeal the decision as provided for in this division;
(5) 
Other information the Plan Commission or the Zoning Administrator deems appropriate;
(6) 
The signature of the Zoning Administrator on behalf of the Plan Commission; and
(7) 
The date of the decision.
B. 
Denial. If the application for registering a nonconforming use is denied, the decision document should include the following:
(1) 
A statement that the application is denied;
(2) 
A description of the use;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;
(5) 
A statement that the applicant may appeal the decision as provided for in this division;
(6) 
Other information the Plan Commission or the Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the Plan Commission; and
(8) 
The date of the decision.
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.