Zoning Code | Permit Center | Registration of a Nonconforming Use

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Registration of a Nonconforming Use
Description: 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 19 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 (i) when the use was first established; (ii) that the use was established consistent with the rules and regulations in effect at the time, if any; (iii) that the use has operated continuously, without cessation of more than 12 continuous months; and (iv) 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.

Initiation: Any of the following may submit an application to determine whether a use should be registered as a nonconforming use:
  1. a person having a financial interest in the property or in the use occurring on the property;
  2. the zoning administrator;
  3. the Planning Commission, or any member thereof;
  4. the Mayor; or
  5. the Common Council, or any member thereof.

Decision-maker(s): The Planning Commission makes the decision. If that decision is appealed, the Common Council makes the final decision.

Application fee: $75

Application deadline: The filing deadline is three weeks prior to the meeting in which you wish to appear. Please consult the annual Planning Commission schedule for specific dates.

Review process:
  1. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
  2. General notice. Consistent with Division 2 of Article 5, the zoning administrator shall place the matter on the meeting agenda of the Planning Commission.
  3. Special notice to property owner. If the application process is not initiated by the property owner, the zoning administrator shall mail a written notice to the property owner by regular and certified mail at least 60 calendar days prior to the date of the Planning Commission meeting. Such notice shall invite the property owner to submit evidence relating to the pending determination. In addition, the notice shall 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, including telephone number; and (iv)other information deemed appropriate by the zoning administrator.
  4. Meeting. Allowing for proper notice, the Planning Commission shall consider the application at a regular or special meeting.
  5. Decision. The Planning Commission shall determine whether it has sufficient evidence to make a decision, and if so whether the use should or should not be classified as a nonconforming use. The Planning Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 calendar days after the date of the initial meeting unless the applicant agrees to an extension of a specified duration.
  6. Preparation of decision document. Based on the action of the Planning Commission, the zoning administrator shall within 15 calendar days of such decision prepare a decision document consistent with this division.
  7. Applicant notification. Within a reasonable time following the Planning Commission’s decision, the administrator shall mail the decision document to the property owner by regular mail.
  8. Public record copy. A duplicate copy of the decision document shall be retained as a public record.
  9. 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 6.
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