Whenever the public necessity, convenience, general welfare
or good zoning practice requires, the Village Board may, by ordinance,
after recommendation thereon by the Joint Committee and subject to
the procedure provided in this section, amend, supplement or change
the regulations, district boundaries or classifications of property
in the Extraterritorial Zoning Jurisdiction as identified in this
chapter.
A.
Application. An amendment, supplement, reclassification or change
may be initiated by the Joint Committee on its own motion or by a
verified application of one or more of the owners or lessees of property
within the Extraterritorial Zoning Jurisdiction. Application for any
change of district boundaries or classifications of property as shown
on the Zoning Map, and for regulation amendments, shall be submitted
to the Joint Committee upon such forms and accompanied by such data
and information as may be prescribed for that purpose by the Joint
Committee so as to assure the fullest, most practicable presentation
of facts for the permanent records. Such data shall include a plat
map drawn to scale of not smaller than 100 feet per inch showing the
land in question, its location, the length and location of each boundary
thereof, the location and existing use of all buildings and the principal
use of all properties within 100 feet of such land. Each such application
shall be verified by at least one of the owners or lessees of property
within the area proposed to be reclassified, attesting to the truth
and correctness of all facts and information presented with the application.
Applications for amendments or district changes initiated by the Joint
Committee itself shall be accompanied by its own motion pertaining
to such proposed amendment.
B.
List of property owners. Any person desiring a change in the zoning
classification of property shall file with the application for such
a change a statement giving the names and addresses of the owners
of all properties lying within 300 feet of any part of the exterior
boundaries of the premises and the zoning classification which is
proposed to be changed.
C.
Hearing; public notice. Before submitting the recommendations on
a proposed amendment to the Village Board, the Joint Committee shall
hold at least one public hearing thereon, notice of which shall be
given by publication once in a newspaper of general circulation in
the extraterritorial zoning jurisdiction area at least 15 days before
the date of such hearing. The notice shall state the place and time
at which the proposed amendment to this ETZ Ordinance, including text
and maps, may be examined.
D.
Certification of recommendation. Following such hearing, the Joint
Committee may recommend that the application be granted as requested,
or may recommend a modification of the zoning amendment requested
in the application, or it may recommend that the application not be
granted. These recommendations shall be determined as provided for
above and shall then be certified to the Village Board.
E.
Village Board hearing. After receiving from the Joint Committee the
certification of such recommendations on the proposed amendment and
before adoption of such amendment, the Village Board shall hold a
public hearing thereon, upon publication of a Class 2 notice under
Ch. 985, Wis. Stats., of the time and place of such hearing.
F.
Final action by Village Board. Following such hearing, after receiving
the recommendations of the Joint Committee thereon, the Village Board
shall consider such recommendations and vote on the passage of the
proposed amendment to the text of this chapter and/or on the Official
Extraterritorial Jurisdiction Zoning Map. Subject to the limitation
set forth below, the Village Board may adopt or reject the recommendation
of the Joint Committee by a simple majority of the Village Board.
In recognition of the Joint Committee's expertise with respect to
the Village's Extraterritorial Zoning Jurisdiction area, as well as
the public benefits of joint land use planning afforded by this chapter,
the Village Board agrees to and shall not adopt an amendment to the
plan and regulations in the ETZ area unless the proposed amendment
thereto receives a favorable vote of the majority of the six members
of the Joint Committee. In the event of a protest against such district
change or regulation amendment, signed and acknowledged by the owners
of 20% or more of the areas of land included in such proposed change,
or by the owners of 20% or more of the area of 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 amendments shall not become effective
except by the favorable vote of 3/4 quarters of the members of the
Village Board. Such protests, to be effective under this section,
shall be filed with the Village Administrator or Joint Committee prior
to the conclusion of the public hearing before the Village Board.
G.
Fees. Each application for a zoning amendment, except those initiated
by the Joint Committee, shall be accompanied by a check payable to
the Village of Sauk City or a cash payment sufficient to cover the
costs of publishing, posting and/or mailing notices of hearing, as
well as such fees established by resolution of the Village Board.
Whenever the public necessity, convenience, general welfare
or good zoning practice requires, the Village Board may, by ordinance,
after recommendation thereon by the Joint Committee and subject to
the procedure provided in this section, amend, supplement or change
the regulations, district boundaries or classifications of property
now or hereafter established by this ETZ Ordinance or amendments thereto.
The Joint Committee in considering requests for changes in district
boundaries and the Village Board in its determinations may consider
the following factors:
A.
The development will favorably or adversely affect the provision
of municipal services, including sewer, water, electric, transportation
(roads), emergency services (fire and ambulance), and schools.
B.
Development in the manner proposed will have a favorable or unfavorable
impact in the environment.
C.
The development will favorably or adversely affect other persons
or property.
D.
The development is in furtherance of or contradictory to objections
and policies established in the extraterritorial zoning jurisdiction.
E.
The development will aid or not interfere with the ability of the
Village and the Town of Prairie du Sac to achieve the objectives set
forth as goals for the extraterritorial zoning jurisdiction.
F.
The development shall be consistent with the Village's Comprehensive
Plan and its revisions.
No land in the A-P zoning district shall be rezoned to any other
district, unless following a public hearing the Village Board finds
that all of the following criteria have been met:
A.
The land is better suited for a use not allowed in the A-P district.
B.
The rezoning is consistent with the Sauk County Farmland Preservation
Plan and the Comprehensive Plan.
C.
The rezoning will not substantially impair or limit current or future
agricultural use of surrounding parcels of land that are zoned for
or legally restricted to agricultural use.
D.
If the rezoning is intended to enable a dwelling unit without first
amending the Farmland Preservation Plan and the Comprehensive Plan,
the Village Board shall find that the following additional criteria
are met:
(1)
The dwelling unit must be on a separate lot meeting the minimum
lot size of the approved zoning district and a maximum lot size of
not greater than five acres.
(2)
The farm from which such lot is divided shall be not fewer than
35 acres.
(3)
Total number of dwelling units on any farm as it was configured
on August 18, 2011 shall not exceed an overall density of one dwelling
unit per 35 acres, with no rounding permitted. For example, a 160
acre farm as of that date shall be allowed to accumulate no greater
than four total dwelling units (160/35 = 4.57 = 4).
If the Zoning Administrator determines that a zoning ordinance
text amendment does any of the things listed in ATCP 49.27(2), Wis.
Admin. Code, he or she shall submit the text amendment to the Department
of Agriculture, Trade and Consumer Protection for its certification.
Such text amendment shall not take effect until certification is obtained.
Per Section 91.48(2), Wisconsin Statutes, the Zoning Administrator
shall, by March 1 of each year, provide to the Department of Agriculture,
Trade and Consumer Protection and the Director of the Sauk County
Conservation, Planning, and Zoning Department, a report of the number
of acres that the Village has rezoned out of the A-P district the
previous year and a map that clearly shows the location of those areas.
