Zoning Code | Procedures - Termination of Approval

Description:There are certain situations when the approval for a land use may be terminated.

Application fee: None

Submittal deadline: The zoning administrator must determine the application is complete and ready for review at least 5 weeks before the Plan Commission meeting, which is typically held the first Monday of the month.

Decision maker(s): Town Board

Basis of decision
The Town Board in making its decision shall consider the following factors:
  1. the nature of those buildings or other structures, if any, on the subject property that relate to the use and the extent to which they are or are not otherwise permitted in the district in which the subject property is located;
  2. effects of the existing use on surrounding properties, including detriment to the full and complete use of such properties and potential for concerns related to possible nuisances;
  3. effects of the existing use on the normal and orderly development and improvement of the surrounding property for those uses permitted in the zoning district in which they are located; and
  4. any other factor that relates to the purposes of this chapter as set forth in s. 500.05 or as allowed by state law.

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 Town Board.
  2. Staff review. Within 10 days of receiving the application and other required materials, the zoning administrator shall either schedule a date for the public hearing allowing for proper public notice or make a determination that the application is incomplete and notify the applicant in writing of the deficiencies and that the applicant has 3 months from the date of such determination to resubmit the application or forfeit the application fee, if any. 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..
  3. Special notice to property owner. If the zoning administrator is the applicant, he or she shall mail a written notice to the property owner by certified mail at least 30 days prior to the date of the public hearing. Such notice shall state the reasons why the zoning administrator has submitted an application to terminate the specified use; the date and time of the public hearing; contact information for the zoning administrator, including telephone number; and other information deemed appropriate by the zoning administrator. If the action is intended to terminate a conditional use for a violation, the notice shall state the alleged violation along with supporting evidence. If the action is intended to terminate an inactive land use, the notice shall state the time period when the land use was not in use along with supporting evidence.
  4. General public 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.
  5. Public hearing. Allowing for proper notice, the town board shall conduct a public hearing consistent with division 3 of article 5. Prior to the close of the public hearing, the applicant or the Town Board may request a continuance consistent with division 3 of article 5.
  6. Decision. After the public hearing has been closed, the Town Board shall approve or deny the application. The Town Board may render its decision at the same meeting the public hearing is conducted or at a subsequent meeting, but no later than 40 days after the public hearing.
  7. Preparation of decision notice. Based on the action of the Town Board, the zoning administrator shall prepare a decision notice consistent with this division.
  8. Applicant notification. Within a reasonable time following the Town Board’s decision, the zoning administrator shall mail the decision notice by regular mail to the property owner.
  9. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
  10. Administrative steps. If the application is approved, the zoning administrator shall update any town records to indicate that the use as specified in the application has been terminated.