The Village Plan Commission is established to promote and administer
all planning functions required by Wisconsin State Statute, Wis. Stats.
62.23.
A.
Composition. The Plan Commission shall consist of seven members.
The membership shall include the Village President, who shall serve
as Chairman of the Plan Commission, and six citizen members who shall
be persons of recognized experience and qualifications.
B.
The Village President shall serve on the Plan Commission only during
his tenure in that office, and his term on the Plan Commission shall
be the same as his term of office as Village President.
C.
Citizen members shall serve a term of three years, with two Commissioners
being appointed in each calendar year so that 1/3 of the membership
of the Plan Commission is subject to appointment/reappointment each
year. Commissioners shall be appointed by the Village President and
confirmed by the Village Board.
D.
Authority. The Village Plan Commission shall, subject to the usual
contractual and employment practices of the Village, have the power
and authority to employ experts and staff, pay for their services,
and pay such other expenses as may be necessary and proper from the
appropriation made for such Commission by the Village Board or from
other monies placed at its disposal by gift, grant, or otherwise.
The Village Board may, however, adopt rules for the expenditures of
such funds.
E.
Removal. The members of the Commission shall be removable by the
Village President for cause upon written charges and after a public
hearing.
F.
Vacancy. Should any vacancy occur among the members by reason of
death, resignation, disability, removal, or otherwise, immediate notice
thereof shall be given to the Village President and Village Board,
and the Board shall appoint a replacement. Should any vacancy occur
among the officers, the vacant office shall be filled in accordance
with the Plan Commission rules, such officer to serve the unexpired
term of the office in which such vacancy shall occur.
G.
Officers. The Plan Commission shall elect a vice-chair from among
its members. The Community Development Director or his/her designee
shall serve as the secretary of the Village Plan Commission, and the
Village Planning staff shall act as the agent of the Plan Commission
in carrying out its duties.
H.
Functions of the Plan Commission. The Village Planning Department
is responsible for administering all planning functions required by
state statute. The Plan Commission is authorized to perform the following
functions:
(1)
Rules and public record. The Plan Commission shall adopt rules
for the transaction of its business and shall keep a public record
of its transactions, findings, and recommendations.
(2)
Comprehensive plan and official controls. The Plan Commission
shall cooperate with the Community Development Director or his/her
designee and other Planning Department staff in preparing and recommending
to the Village Board for adoption or amendment comprehensive plans
and recommendations for plan implementation in the form of official
controls and other measures.
(3)
Administration of chapter. The Plan Commission shall provide
assistance to the Village Board and Planning Department staff in the
administration of this chapter.
(4)
Rezoning, conditional use permits. The Plan Commission shall
review, hold hearings, and make recommendations to the Village Board
on all applications for zoning amendments and conditional use permits
using the criteria established in this chapter.
(5)
Official Map and other regulations. The Plan Commission shall
prepare and recommend the following documents to the Village Board:
Those wishing to obtain approval through the Bellevue Plan Commission
shall first complete a "request for Village action" and a detailed
letter of intent. Such actions include, but are not limited to, rezoning
of property, conditional uses and amendments, Planned Development
Districts (PDD) and amendments, Village and extraterritorial subdivision
of land, Village and extraterritorial subdivision variances, development
district map amendments, Official Map amendments, plats of right-of-way,
discontinuance of public easement, street name changes, vacation of
a street/alley/pedestrian walkway, and/or others as applicable. The
application for Village action is available in the office of the Planning
Department. Such application and letter of intent shall be completed
in full and submitted with the appropriate fee to the Community Development
Director or his/her designee for placement on an available Plan Commission
Meeting.
The Village Board may, by ordinance, change or supplement the
regulations established by this chapter or amendments to this chapter.
A.
Initiation.
(1)
Proposed text amendments may be initiated by the Village Board,
Village Plan Commission, property owner, or resident of the Village.
(2)
Proposed map amendments may be initiated by the Village Board,
Village Plan Commission, or the owner or owner's designated agent
of the particular property to be rezoned.
B.
Amendments.
(1)
Application by property owner or resident. A property owner
or resident wishing to amend the text of this chapter shall meet with
Planning Department staff to discuss the proposed amendment and may
then file an application form with the Community Development Director
or his/her designee accompanied by a nonrefundable application fee
as may be established by the Board from time to time by resolution
to cover costs of public notice and administrative review.
(2)
A neighborhood meeting may be required by staff as part of a
zoning amendment. The coordination and costs of such meeting shall
be the responsibility of the petitioner.
(3)
Action by Plan Commission. After review and consideration of
the amendment, the Plan Commission shall forward its recommendations
to the Village Board.
(4)
Public hearing. The Village Board shall hold a public hearing
with a Class 2 public notice. The notice shall be published at least
two times prior to the hearing. In case of a protest against such
change, duly signed and acknowledged either by:
(a)
The owners of 20% or more of the land included in such proposed
change;
(b)
The owners of 20% or more of the land immediately adjacent and
extending 100 feet therefrom; or
(c)
The owners of 20% or more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such amendment shall not become effective unless approved by a 3/4
vote of the members of the Village Board.
(5)
Action by Village Board. Board action to approve the amendment
shall be done by ordinance.
(6)
Reapplication time period. The Plan Commission will not consider
any application of a property owner or owner's designated agent for
a Zoning Map amendment within a one-year period following a denial
of the same request by the Village Board, except that the Plan Commission
may permit a new application if the request is significantly altered
or at the discretion of the Community Development Director or his/her
designee for a different zoning district or for amended property boundaries.
A.
Definition. There are certain uses which, because of their unique
characteristics, cannot be properly classified in a particular district
or districts without consideration, in each case, of the impact of
those uses upon neighboring land and of the public need for the particular
use at the particular location. Such conditional uses fall into two
categories:
B.
Initiation.
(1)
Proposed conditional use permits may be initiated by the Village
Board, Village Plan Commission, or the owner or owner's designated
agent of the particular property requesting the conditional use permit.
C.
Conditional use permit.
(1)
Application by property owner or resident. A property owner
or resident wishing to receive a conditional use permit shall meet
with Planning Department staff to discuss the proposed CUP and may
then file an application form with the Planning Department accompanied
by a nonrefundable application fee as may be established by the Board
from time to time by resolution to cover costs of public notice and
administrative review.
(2)
A neighborhood meeting may be required by staff as part of a
conditional use. The coordination and costs of such meeting shall
be the responsibility of the petitioner.
(3)
Action by Plan Commission. After review and consideration of
the CUP request, the Plan Commission shall forward its recommendations
to the Village Board.
(4)
Public hearing. The Village Board shall hold a public hearing
with public notice.
(5)
Action by Village Board. Board action to approve the CUP shall
be done by resolution.
(6)
Reapplication time period. The Plan Commission will not consider
any application of a property owner or owner's designated agent for
a conditional use permit within a one-year period following a denial
of the same request by the Village Board, except that the Plan Commission
may permit a new application if the request is significantly altered
or at the discretion of the Community Development Director or his/her
designee for a different use or for amended property boundaries.
D.
Findings and recommendations. For each requested conditional use,
the Plan Commission shall report to the Board its findings and recommendations,
including the stipulations of additional conditions and guarantees
that each condition will be complied with when they are deemed necessary
for the protection of public interest.
(1)
In case of a protest against the CUP, duly signed and acknowledged
either by:
(a)
The owners of 20% or more of the land included in such proposed
CUP;
(b)
The owners of 20% or more of the land immediately adjacent and
extending 100 feet therefrom; or
(c)
The owners of 20% or more of the land directly opposite thereto,
extending 100 feet from the street frontage of such opposite land,
such CUP shall not become effective unless approved by a 3/4 vote
of the members of the Board.
E.
Standards. Conditional use approval may be recommended by the Plan
Commission with reasonable consideration of the following:
(1)
The establishment, maintenance, or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
or general welfare.
(2)
The establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
(3)
The conditional use, its exterior architectural design, and
functional plan of any proposed structure will not be injurious to
the use of other property in the immediate vicinity nor substantially
diminish or impair property values within the surrounding neighborhood.
(4)
Adequate utilities, access roads, drainage, and/or necessary
facilities have been or are being provided.
(5)
Adequate measures have been or will be taken to provide ingress
and egress and so designed as to minimize traffic congestion.
(6)
The conditional use shall have adequate parking facilities as
specified in Part 500-1900.
(7)
The conditional use shall, in all other respects, conform to
the applicable regulations of the district in which it is located
and all other applicable Village ordinances.
F.
Conditions and guarantees. Prior to the granting of any conditional use, the Plan Commission may recommend such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the use as deemed necessary to protect the public interest and comply with the standards in Subsection E above. In all cases in which conditional uses are granted, the Board may require such evidence and guarantees as it determines are necessary as proof that the stipulated conditions are being complied with.
G.
Expiration of conditional use approval. If construction has not begun
or if the conditional use has not been established within 12 months
of the approval date, the conditional use shall expire. Furthermore,
if the use ceases to exist or ceases to be conducted for a period
of 12 consecutive months, conditional use approval shall expire.
