A.
Rezoning and text amendments. Whenever public necessity, convenience,
general welfare or good zoning practice requires, the Common Council
may, by ordinance, change the district boundaries or amend, change,
or supplement 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.
B.
Initiation of rezoning or text amendments.
(1)
A change or amendment may be initiated by the Common Council, Plan
Commission, or by a petition of one or more of the owners or lessees
of property within the area proposed to be rezoned or affected by
the proposed changes.
(2)
Petitions by owners or lessees of property for any change to the
district or lot boundaries or amendments to the text of this chapter
shall be filed with the Zoning Administrator on a form furnished by
the Zoning Administrator.
[Amended 11-17-2014 by Ord. No. 2014-05]
(3)
Payment of such fees as may be set by the Common Council shall be
made at the time such a petition is submitted.
C.
Public hearing. The Plan Commission shall hold a public hearing upon
each recommendation, giving at least 10 days' prior notice by publication
at least two times during the 30 days prior to the hearing, listing
the time, place, and the changes or amendments proposed. The Zoning
Administrator shall also give at least 10 days' prior written notice
to the Clerk/Treasurer of any municipality within 1,000 feet of any
land to be affected by the proposed change or amendment. If the proposed
change or amendment includes a change to the zoning district designation
of property, notice of the public hearing shall be mailed, by first-class
mail, to owners of all land within 200 feet of the area proposed to
be rezoned at least seven days prior to the public hearing. The public
hearing shall also be noticed by a Class 2 notification, in accordance
with the provisions of Ch. 985, Wis. Stats.
[Amended 9-20-2021 by Ord. No. 2021-09]
D.
Review and approval.
(1)
The Plan Commission shall review all proposed changes and amendments
and shall recommend that the petition be granted as requested, modified,
or denied. The recommendation shall be made at a meeting subsequent
to the meeting at which the petition is first submitted and shall
be made in writing to the Common Council.
(2)
After careful consideration of the Plan Commission's recommendations,
the Common Council shall vote on the passage of the proposed change
or amendment. Changes to the district boundaries must be shown on
the Zoning Map on the effective date of the change.
E.
Protest. In the event of written protest against such district change
or text amendment to this chapter, signed by the owners of 20% or
more 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 changes or amendments shall not become effective
except by the favorable vote of 3/4 of the full Common Council membership.
F.
Repetitioning. No petition requesting the same or similar action
may be resubmitted by the original petitioner or his agent for the
same property before the passage of six months following the preceding
Common Council action, and no petition may be resubmitted without
a substantial change to the original petition.
A.
Establishment of Zoning Board of Appeals. There is hereby established
a Zoning Board of Appeals for the purpose of hearing appeals and applications
and granting variances to the provisions of this chapter which are
in harmony with its purpose and intent. Such Zoning Board of Appeals
shall be appointed under the authority and provisions of § 62.23(7)(e),
Wis. Stats.
B.
Membership.
(1)
The Zoning Board of Appeals shall consist of five members appointed
by the Mayor, subject to confirmation of the Common Council, for terms
of three years, except that of those first appointed one shall serve
for one year, two for two years and two for three years. The members
of the Board shall serve at such compensation to be fixed by ordinance
and shall be removable by the Mayor for cause upon written charges
and after public hearing. The Board may employ a secretary and other
employees. Vacancies shall be filled for unexpired terms of members
whose terms become vacant. The Mayor shall appoint, for staggered
terms of three years, two alternate members of such Board, in addition
to the five members above provided for. Annually, the Mayor shall
designate one of the alternate members as first alternate and the
other as second alternate. The first alternate shall act, with full
power, only when a member of the Board refuses to vote because of
interest or when a member is absent. The second alternate shall so
act only when the first alternate so refuses or is absent or when
more than one member of the Board so refuses or is absent. The above
provisions with regard to removal and the filling of vacancies shall
apply to such alternates.
[Amended 11-17-2014 by Ord. No. 2014-05]
(2)
The Chairman and Vice Chairman shall be designated by the Mayor.
(3)
The Zoning Administrator shall attend all meetings for the purpose
of providing technical assistance when requested by the Board.
C.
Organization.
(1)
The Zoning Board of Appeals shall organize and adopt rules of procedure
for its own government in accordance with the provisions of this chapter.
Meetings shall be held at the call of the Chairman or of two members
and shall be open to the public. Minutes of the meeting shall be kept
by the City Clerk/Treasurer or Clerk/Treasurer's designee who shall
serve as Secretary, showing the vote of each member upon each question,
the reasons for the Board's determination and its findings of fact.
These records shall be filed in the office of the City Clerk/Treasurer
and shall be a public record.
(2)
If a quorum is present, the Zoning Board of Appeals may take action
by a majority vote of the members present.
[Amended 11-17-2014 by Ord. No. 2014-05]
D.
Powers. The Zoning Board of Appeals shall have the following powers:
[Amended 5-21-2018 by Ord. No. 2018-07]
(1)
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by an administrative
official in the enforcement of this chapter or of any ordinance adopted
pursuant thereto.
(2)
To hear and decide special exceptions to the terms of this chapter
upon which such Board is required to pass under this chapter.
(3)
To authorize upon appeal in specific cases such variance from the
terms of this chapter as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of this chapter will result in practical difficulty or unnecessary
hardship, so that the spirit of this chapter shall be observed, public
safety and welfare secured, and substantial justice done.
(4)
To permit in appropriate cases, and subject to appropriate conditions
and safeguards in harmony with the general purpose and intent of this
chapter, a building or premises to be erected or used for such public
utility purposes in any location which is reasonably necessary for
the public convenience and welfare.
E.
Appeals of administrative determinations. Appeals from the decision
of the Zoning Administrator concerning the enforcement of this chapter
may be made by any person aggrieved or by any officer, department,
board, or bureau of the City. Such appeals shall be filed with the
Secretary within 30 days after the date of the decision of the Zoning
Administrator. Such appeals and applications shall be filed on a form
provided by the Secretary. Payment of such fees as may be set by ordinance
shall be required at the time an appeal of administrative decision
application is submitted.
F.
Variances.
(1)
Application for a variance from the terms of this chapter shall be
filed with the Zoning Administrator on forms furnished by the Zoning
Administrator. Payment of such fees as may be set by ordinance shall
be required at the time a variance application is submitted.
(2)
The Zoning Board of Appeals shall grant a variance if it finds that
the applicant has established all of the following conditions and
that the variance meets the standards set by the Wisconsin Supreme
Court and Court of Appeals:
(a)
The granting of such variance will not be contrary to the public
interest.
(b)
A literal enforcement of the challenged provisions of this chapter
will result in either practical difficulty or unnecessary hardship.
(c)
If the variance is granted the spirit of this chapter will be
observed.
(d)
If the variance is granted the public safety and welfare will
be secured.
(e)
If the variance is granted substantial justice will be done.
(3)
When deciding whether or not a variance shall be granted, whether in an appeal from a decision of the Zoning Administrator or in a case of a direct application to the Zoning Board of Appeals under Subsection F(1) of this section:
(a)
The burden of proof applied by the Zoning Board of Appeals shall
be that applied by Wisconsin Circuit Courts in ordinary civil actions.
The property owner bears the burden of proving the unnecessary hardship.
[Amended 5-21-2018 by Ord. No. 2018-07]
(b)
The Board may consider any evidence that the Courts or Legislature
has determined is relevant and competent on the issue, including,
without limitation because of enumeration:
[1]
Increase in the community's tax base, or property values in
the area, which will be generated by the proposed improvement. These
factors alone shall not be sufficient to support granting a variance.
[2]
Changes which the proposed improvement will generate in traffic
patterns and public safety in the area affected, including reduction
of traffic congestion.
G.
Public hearing. The Secretary of the Zoning Board of Appeals shall
fix a reasonable time and place for the hearing on all matters on
which it must render a decision, give public notice thereof at least
10 days prior and shall give due notice to the parties in interest,
the Zoning Administrator, and the Plan Commission. At the hearing
the appellant or applicant may appear in person or by agent. The Secretary
of the Zoning Board of Appeals shall also mail a notice of the public
hearing to owners of all land within 200 feet of the affected property.
The public hearing shall be noticed by a Class 1 notification in accordance
with the provisions of Ch. 985, Wis. Stats.
H.
Decision.
(1)
The Zoning Board of Appeals, in making all decisions required of
it to be made by this chapter, shall apply the burden of proof applied
by Wisconsin Circuit Courts in deciding ordinary civil actions.
(2)
The Zoning Board of Appeals shall decide all appeals and applications
within 30 days of the public hearing and shall file its decision with
the City Clerk/Treasurer, who shall forthwith transmit a copy thereof
to the appellant or applicant, the Zoning Administrator, the City
Plan Commission, and any person or persons who have appeared in opposition
of the appeal or application.
(3)
The Plan Commission may by either written communication or appearance
of a member make a nonbinding, advisory recommendation on any matter
before the Zoning Board of Appeals.
(4)
The Board may attach reasonable conditions to any permit it orders
issued.
(5)
Variances, substitutions, or use permits authorized by the Board
shall expire within six months unless substantial work has commenced
pursuant to such grant.
I.
Review by court of record. Any person or persons aggrieved by any
decision of the Zoning Board of Appeals may present to the Circuit
Court for Grant County a verified petition setting forth that such
decision is void, invalid, or illegal and specifying the ground for
such contention. Such petition shall be presented to the court within
30 days after receipt of a copy of the Board's decision by the applicant
or appellant.
J.
Re-appeals. No appellant may resubmit the same or similar appeal
in person or by agent for the same property within six months after
the decision by the Board.
A.
General. Applicants shall pay all required fees at the time applications
are submitted, unless otherwise specified. No application shall be
accepted by the Zoning Administrator unless all required fees are
paid.
B.
Zoning permit. No fee is required for issuance of a zoning permit
unless such an application requires authorization from the Plan Commission
as a conditional use, rezoning or text amendment authorized by the
Common Council or action from the Zoning Board of Appeals.
C.
Conditional use authorization. The fee for conditional use authorization
by the Plan Commission shall be as set forth in the current fee schedule
ordinance and is due at the time an application is submitted.
D.
Rezoning or text amendment. The fee for petitioning a rezoning or
text amendment shall be as set forth in the current fee schedule ordinance
and is due at the time an application is submitted.
E.
Variance, nonconforming use substitution or administrative appeal.
The fee for applying for a variance, nonconforming use substitution,
or administrative appeal to be reviewed by the Zoning Board of Appeals
shall be as set forth in the current fee schedule ordinance and is
due at the time an application is submitted.
