Zoning Code | Permit Center | Conversion of a Nonconforming Use

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Conversion of a Nonconforming Use
Description: An existing nonconforming use (i.e., a tavern in a residential district) may be converted to another nonconforming use provided the new nonconforming is less nonconforming (e.g., from a tavern to a restaurant).

Initiation: The owner of the subject property may submit a zoning permit application, but only when the nonconforming use has been registered as a nonconforming use pursuant to Division 14 of Article 5.

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

Application fee: $300

Submittal 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 by Planning Commission:
  1. Pre-submittal meeting. 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 City’s comprehensive plan, and (iii) the proposal. Upon request, the zoning administrator may waive the requirement to hold a pre-submittal 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 City’s zoning requirements.
  2. 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.
  3. Staff review. Within 30 calendar days of submittal, the zoning administrator shall either place the matter on the agenda for the meeting at which the matter will be considered allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
  4. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Planning Commission and Common Council, the applicant, and any other interested person upon request.
  5. General notice. Consistent with Division 2 of Article 5, the zoning administrator shall provide for a class 2 public notice, property owner notice, and meeting agenda notice.
  6. Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing to review the application consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Planning Commission may request a continuance consistent with Division 3 of Article 5. If the public hearing is adjourned, the Planning Commission may direct the zoning administrator, the City Engineer, and/or City Attorney to conduct additional research and to prepare such documents it deems necessary, including a preliminary decision document.
  7. Staff follow-up. After the close of the public hearing, the Planning Commission may direct the zoning administrator to prepare a preliminary decision document.
  8. Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, the Planning Commission shall make a decision based on the decision criteria contained in this division to (i) approve the conversion, (ii) approve the conversion with conditions, or (iii) deny the conversion.
  9. Preparation of decision document. Based on the action of the Planning Commission, the zoning administrator shall prepare a final decision document consistent with this division, and a conversion order if approved.
  10. Applicant notification. If the application is denied, the zoning administrator shall, within a reasonable time following the Planning Commission's decision, mail the decision document to the applicant by regular mail.
  11. Acceptance by property owner. If the application is approved, the property owner shall sign the conversion order to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the City Clerk 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 become null and void without any further action by the City. 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.
  12. Public record copy. A duplicate copy of the decision document shall be retained as a public record.
    Recordation. If the property owner signs the approved conversion order, the zoning administrator shall record the conversion order in the office of the Wood County register of deeds.

Review process by Common Council on appeal:
  1. Submittal of application materials. The zoning administrator shall forward the application and other materials the applicant submitted, minutes of the Planning Commission meeting(s), and the decision document approved by the Planning Commission to 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 Common Council.
  3. Meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
  4. Decision. After reviewing the written record, the Common Council shall (i) approve the conversion, (ii) approve the conversion with conditions, or (iii) deny the conversion. The Common Council 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.
  5. Preparation of decision document. Based on the action of the Common Council, the zoning administrator shall within 15 calendar days of such decision prepare a decision document consistent with this division.
  6. Applicant notification. Within a reasonable time following the Common Council’s decision, the administrator shall mail the decision document to the applicant by regular mail.
  7. Acceptance by property owner. If the application is approved, the property owner and the operator, if different, shall sign the decision document to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner or the operator, if different, may submit a petition to the City Clerk 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 become null and void without any further action by the City. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
  8. Public record copy. A duplicate copy of the decision document shall be retained as a public record.Recording of decision document. If the property owner returns the decision document within the required time period with the required signatures, the zoning administrator shall record the decision document against the subject property in the office of the Wood County register of deeds.
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