Whenever the public necessity, convenience, general welfare
or good zoning practice requires, the Village Board may, by ordinance,
change the district boundaries established by this chapter and the
Zoning Map incorporated herein, or amend, change or supplement the
text of the regulations established by this chapter or amendments
thereto. Such change or amendment shall be subject to the review and
recommendation of the Plan Commission.
The Village Board, the Plan Commission, the Zoning Board of
Appeals and other government bodies and any private petitioners may
apply for an amendment to the text of this chapter or to the district
boundaries hereby established or by amendments hereto in the accompanying
Zoning Map made a part of this chapter.
A.
Application. Petitions for any change to the district boundaries
and map(s) or amendments to the text regulations shall be addressed
to the Village Board and shall be filed with the Zoning Administrator,
describe the premises to be rezoned or the portions of text regulations
to be amended, list the reasons justifying the petition, specify the
proposed use, if applicable, and have attached the following, if the
petition is for a change of district boundaries:
(1)
Plot plan, drawn to a scale of one inch equals 100 feet, showing
the area proposed to be rezoned, its location, its dimensions, the
location and classification of adjacent zoning districts and the location
and existing use of all properties within 300 feet of the area proposed
to be rezoned.
(2)
Owners' names and addresses of all properties lying within 100
feet of the area proposed to be rezoned.
(3)
Additional information as may be required by the Plan Commission
or Village Board.
B.
Recommendations. The Village Board or the Village Clerk shall cause
the petition to be forwarded to the Plan Commission for its consideration
and recommendation. The Plan Commission shall review all proposed
amendments to the text and Zoning Map(s) within the corporate limits
and shall recommend in writing that the petition be granted as requested,
modified or denied. A recording of the recommendation in the Plan
Commission's official minutes shall constitute the required written
recommendation. In arriving at its recommendation, the Commission
may on occasion, of its own volition, conduct its own public hearing
on proposed amendment(s).
C.
Standards
for zoning amendments. Within 30 days after the close of the hearing
on the proposed amendment, the Plan Commission shall make written
findings of fact and shall submit the same together with its recommendations
to the Village Board.[1]
(1)
Where
the purpose and effect of the proposed amendment are to change the
zoning classification of particular property, the Plan Commission
shall make findings based upon the evidence presented to it in each
specific case with respect to the following matters:
(a)
Existing use of property within the general area of the property
in question;
(b)
The zoning classification of property within the general area of
the property in question;
(c)
The suitability of the property in question to the uses permitted
under the existing zoning classification;
(d)
The trend of development, if any, in the general area of the property
in question, including changes, if any, which have taken place since
the day the property in question was placed in its present zoning
classification; and
(e)
Minimum size of parcel. A lot, lots, or parcel of land shall not
qualify for a zoning amendment unless it possesses a minimum of 200
feet of frontage or contains a minimum of 40,000 square feet of area
or adjoins a lot, lots, or parcel of land which bears the same zoning
district classification as the proposed zoning amendment.
(2)
The
Plan Commission shall not recommend the adoption of a proposed amendment
unless it finds that the adoption of such an amendment is in the public
interest and is not solely for the interest of the applicant. The
Plan Commission may recommend the adoption of an amendment changing
the zoning classification of the property in question to any higher
classification than that requested by the applicant. For the purpose
of this subsection, the R-1 Single-Family Residential District shall
be considered the highest classification and the I-1 General Industrial
District shall be considered the lowest classification.
D.
Hearings.
(1)
The Village Board, following receipt of recommendation of the
Plan Commission, shall hold a public hearing at a time established
by the Plan Commission upon each proposed change or amendment, giving
notice of the time, place and the change or amendment proposed by
publication of a Class 2 notice under Ch. 985, Wis. Stats. At least
10 days' prior written notice shall also be given to the clerk of
any municipality within 1,000 feet of any land to be affected by the
proposed change or amendment.
(2)
The Village Board may delegate to the Plan Commission the responsibility
to hold public hearings as required under this section.
E.
Village Board action. Following such hearing and after consideration
of the Plan Commission's recommendations, the Village Board shall
vote on the proposed ordinance effecting the proposed change or amendment.
A.
In the event of a protest against amendment to the Zoning Map, duly
signed and acknowledged by the owners of 20% or more either of the
areas of the land included in such proposed change, or by the owners
of 20% or more of the land immediately adjacent extending 100 feet
therefrom, or by the owners of 20% or more of the land directly opposite
thereto extending 100 feet from the street frontage of such opposite
land, such change or amendment shall not become effective except by
the favorable vote of 3/4 of the full Village Board membership.
B.
In the event of protest against amendment to the text of the regulations
of this chapter, duly signed and acknowledged by 20% of the number
of persons casting ballots in the last general election, it shall
cause a three-fourths vote of the full Village Board membership to
adopt such amendment.