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Registration of a Nonconforming Use

Description: There may be now or in the future certain uses of land that do not comply with the existing zoning regulations, but which were legally established. These uses are referred to as “legal nonconforming uses,” and consistent with the provisions of Article IX are allowed to continue to operate. For this reason, it is necessary to document those uses that are considered legal nonconforming. Registration of a use as a legal nonconforming use establishes (1) when the use was first established; (2) that the use at the time of establishment complied with the Village’s zoning regulations in effect at the time, if any; (3) that the use has continued continuously, without cessation of more than 12 continuous months; and (4) the nature of the use when the use became nonconforming. The procedures and requirements in this section are intended to comply with § 60.61(5)(d), Wis. Stats.

Initiation: Any of the following may submit an application to register a specific land use as a legal nonconforming use: (1) a person having a financial interest in the subject property or in the use occurring on the property; (2) the zoning administrator; (3) the Plan Commission; or (4) the Village Board, or any member thereof.

Decision-maker(s): Plan Commission makes a recommendation and the Village Board makes the final decision

Application Fee

There is no fee

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Frequently Asked Questions

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If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

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The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

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Zoning Code Portal | Permit Center | Registration of a Nonconforming Use