Zoning Code | Permit Center | Expansion of a Nonconforming Building

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Expansion of a Nonconforming Building
Description: A nonconforming building (i.e., a building built too close to a lot line) with a conforming use may be expanded in compliance with all requirements of the zoning code and with the procedures and requirements in Article 5.
 
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: $100
 
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 by Planning Commission:
  1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the zoning administrator to review applicable regulations and procedures and the proposal.
  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 the applicant prior to the meeting at which the matter will be considered. The zoning administrator shall also provide a copy to interested people upon request.
  5. General notice. Consistent with Division 2 of Article 4, the zoning administrator shall place the matter on the meeting agenda of the Planning Commission.
  6. Meeting. Allowing for proper notice, the Planning Commission shall consider the application at a regular or special meeting.
  7. Decision. The Planning Commission shall (i) approve the expansion, (ii) approve the expansion with conditions, or (iii) deny the expansion. 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 public hearing unless the applicant agrees to an extension of a specified duration.
  8. Preparation of decision document. Based on the action of the Planning Commission, the zoning administrator shall prepare a decision document consistent with this division.
  9. Applicant notification. Within a reasonable time following the Planning Commission’s decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
  10. Acceptance by property owner. If the application is approved, the property owner shall sign the decision document to acknowledge the imposition of such condition or conditions 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 decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
  11. Recording of decision document. The decision document shall be recorded in the Wood County register of deeds office when approval is granted.
  12. Public record copy. A duplicate copy of the decision document shall be retained as a public record

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 4, 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 expansion, (ii) approve the expansion with conditions, or (iii) deny the expansion. 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 shall sign the decision document to acknowledge the imposition of such condition or conditions 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 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.
  9. 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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