An existing nonconforming use (e.g., a tavern in a residential district) may be converted to another nonconforming use, provided that the new use is determined to be less nonconforming (e.g., from a tavern to a restaurant).
The owner of the subject property may submit an application for a conversion of a nonconforming use, but only when the nonconforming use has been registered as a nonconforming use pursuant to Division 14 of this article.
The general steps outlined below shall be used in the review of an application for a conversion of a nonconforming use.
A. 
Presubmittal meeting with staff. Before submitting an application, the applicant or the applicant's agent shall meet with the Zoning Administrator to review i) applicable regulations and procedures, ii) applicable sections of the Village's Comprehensive Plan, and iii) the proposal. Upon request, the Zoning Administrator may waive the requirement to hold a presubmittal meeting when he or she determines such meeting is not necessary given the nature of the project and/or the extent to which the applicant understands the Village's zoning requirements.
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 provides a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.
F. 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator provides for i) a Class 2 public notice, ii) property owner notice, and iii) meeting agenda notice.
G. 
Public hearing. Allowing for proper notice, the Village Board and 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, Village Board, or Plan Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Village Board or Plan Commission may direct the Zoning Administrator, the Village Engineer, and/or Village Attorney to conduct additional research and to prepare such documents it deems necessary, including a preliminary decision document.
H. 
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 conversion, ii) approve the conversion with conditions, or iii) deny the conversion.
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. 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 conversion, ii) approve the conversion with conditions, or iii) deny the conversion.
L. 
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. If approved, the Zoning Administrator shall also prepare a conversion order.
M. 
Applicant notification. If the application is denied, the Zoning Administrator, within a reasonable time following the Village Board's decision, but not more than 10 workdays, 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 conversion order 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 conversion order shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.
O. 
Public record copy. A copy of the decision document is retained as a public record.
P. 
Recordation. If the property owner signs the approved conversion order, the Zoning Administrator records the conversion order in the office of the Washington County Register of Deeds.
The Plan Commission and Village Board shall compare the known and anticipated impacts of the existing nonconforming use on properties in the area and those of the proposed nonconforming use. The Plan Commission shall not recommend and the Village Board shall not approve a conversion when the new nonconforming use would be more of a nonconformity than the existing nonconforming use.
A. 
Generally. In approving a conversion, the Village Board may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions, for example, may relate to landscaping and screening, outdoor lighting, and hours of operation.
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.
The staff report should include the following:
A. 
A description of the requested conversion;
B. 
Preliminary findings for the decision criteria listed in this division;
C. 
A recommendation to approve the application, approve the application with conditions, or deny the application;
D. 
A preliminary list of conditions, whether the staff recommendation is for approval or denial; and
E. 
Other information deemed necessary.
A. 
Approval. If the application for a conversion is approved, the decision document should include the following:
(1) 
A statement that the conversion is approved;
(2) 
A description of the new nonconforming use;
(3) 
A statement indicating that the property owner must sign the conversion order and return it to the Zoning Administrator;
(4) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(5) 
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;
(6) 
Other information the review authority or Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the review authority;
(8) 
The date of the decision; and
(9) 
The copy of the conversion order described in § 170.608.
B. 
Denial. If the application for a conversion is denied, the decision document should include the following:
(1) 
A statement that the application is denied;
(2) 
A description of the proposed conversion;
(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 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.
If the conversion is approved, a conversion order shall be prepared and adopted that includes 1) a description of the subject property's location (e.g., address, parcel number, reference to a parcel in a certified survey map or subdivision plat); 2) a description of the existing and of the new nonconforming use; 3) conditions of approval, if any; and 4) other provisions deemed necessary given the nature of the approval.
If the Village Board approves the conversion, such approval shall run with the land and is binding on all subsequent property owners.
If the Zoning Administrator determines that substantial work as authorized by a conversion approval did not commence within 12 months of the date of approval or if substantial work did commence within 12 months of the date of approval but has not continued in good faith to completion, he or she shall initiate the process to terminate the approval pursuant to Division 13 of this article. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed six months.
Following approval of a conversion, the Plan Commission shall review all proposed changes to the approval. If, in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change in writing at a regular or special meeting of the Plan Commission without following the review procedure in this division. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal shall be followed.
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.