From time to time, it may be necessary or desirable to amend the text of this chapter and the Zoning Map as established in Division 2 of Article 7. This division describes the procedures and requirements to amend this chapter and the Zoning Map.
Any of the following may submit an application to amend the text of this chapter or the Zoning Map as established in Division 2 of Article 7:
A. 
A property owner in the area to be affected by the proposed amendment;
B. 
The Planning Commission; and
C. 
Any member of the Village Board.
The general steps outlined below shall be used to amend the text of this chapter and the Zoning Map.
A. 
Submittal of application materials. The applicant shall submit a complete application to the Zoning Administrator along with the application fee as may be established by the Village Board.
B. 
Staff review. Within 10 working days of submittal, if the application is deemed complete, the Zoning Administrator shall schedule a date for the public hearing with the Planning Commission or, if the application is deemed incomplete, shall notify the applicant of any deficiencies. Failure to submit a fee or a fee in the correct amount shall not be considered an application. If the application is incomplete, the applicant has three months to resubmit the application or forfeit the application fee. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied.
C. 
Special notice to Outagamie and Winnebago Counties. If the proposed amendment includes land that is in the Outagamie County Airport Overlay District, the applicant is responsible for contacting the respective county or counties.
D. 
General notice. Notice shall be provided consistent with Division 2 of Article 5.
E. 
Staff report preparation and distribution. The Zoning Administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Planning Commission and the applicant. The Zoning Administrator shall also provide a copy to interested people upon request.
F. 
Public hearing. Allowing for proper notice, the Commission shall conduct a public hearing consistent with Division 3 of Article 5.
G. 
Planning Commission recommendation. The Commission shall make a written recommendation to the Village Board to:
(1) 
Deny the proposed amendment;
(2) 
Approve the proposed amendment without revision;
(3) 
Approve the proposed amendment with revisions; or
(4) 
Refer the decision to the next regular Commission meeting if the Commission determines that additional information is needed to make a decision on the application.
H. 
Transmittal of determination. If the Commission action is favorable, it shall cause an ordinance to be drafted effectuating its determination and shall forward the proposed ordinance along with its recommendation to the Village Board. If the Commission action is not favorable, the Commission shall report its determination to the Village Board including its reasons for denial. Proof of publication of the public notice and proof of the giving of notice to the Village Clerk of the public hearing shall be attached to either report.
I. 
Village Board decision. After reviewing the proposed ordinance and the Commission's report, the Village Board may:
(1) 
Enact the proposed amendment as drafted or with revisions;
(2) 
Deny the proposed amendment; or
(3) 
Refuse to deny the amendment as recommended by the Commission in which case it shall refer the petition back to the Commission with directions to draft an ordinance to effectuate the proposed amendment and report the ordinance back to the Village Board which may then enact or reject the ordinance.
J. 
Required vote with protest of airport. If a proposed amendment would make any change in an airport affected area [as defined under § 62.23(6)(am)1b, Wis. Stats.] and the owner or operator of the airport protests against the proposed amendment, no ordinance which makes such change may be approved except by the affirmative vote of 2/3 of the members of the Village Board voting on the proposed change.
K. 
Notification of decision. Within a reasonable time following the Village Board' decision, the Zoning Administrator shall notify the applicant of its decision.
L. 
Administrative steps. If the Zoning Map is amended, the Zoning Administrator shall cause a new Zoning Map to be prepared consistent with Division 2 of Article 7.
This ordinance amendment shall take effect and be in full force 24 hours after publication or posting by the Village Clerk.
A. 
Text amendment. If a proposed amendment would revise the text of this chapter, the Planning Commission in making its recommendation and the Village Board in making its decision shall consider the following factors:
(1) 
Whether the amendment is consistent with the Village's Comprehensive Plan;
(2) 
Whether the amendment is consistent with other planning documents adopted by the Village Board;
(3) 
Whether the code with the amendment is internally consistent; and
(4) 
Any other factor not specifically or generally listed but deemed appropriate by the Planning Commission or Village Board given the particular circumstances.
B. 
Zoning Map amendment. In reviewing a proposed Zoning Map amendment, the Planning Commission in making its recommendation and the Village Board in making its decision shall consider the following factors:
(1) 
Whether the amendment is consistent with the Village's Comprehensive Plan, including any future land use maps or similar maps;
(2) 
Whether the amendment is consistent with other planning documents adopted by the Village Board;
(3) 
The extent to which the lot and structures on the subject property conform to the dimensional standards that apply to the proposed zoning district; and
(4) 
Any other factor not specifically or generally listed but deemed appropriate by the Commission or Village Board given the particular circumstances.
A. 
Generally. The Planning Commission may recommend and the Village Board may impose one or more conditions of approval as may be necessary to grant approval.
B. 
Mandatory conditions of approval relating to certain existing land uses. If a proposed amendment would revise the Zoning Map and is initiated by a property owner and the subject property hosts a land use that at the time of application is not permitted in the proposed zoning district, such use shall be removed as a condition of approval. If the subject property hosts a land use that at the time of application is classified as a conditional use permit in the proposed zoning district, the property owner shall as a condition of approval submit a conditional use permit application and obtain approval for that land use or, if conditional use permit approval is not granted, remove such use.
A. 
Map amendment. An application for a Zoning Map amendment shall include the following:
(1) 
An application form as may be provided by the Village;
(2) 
A project map prepared at an appropriate scale depicting the information listed in Appendix A;[1] and
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3) 
Other supporting information the applicant deems appropriate.
B. 
Other amendments. For all other types of amendments, the application shall include the following:
(1) 
An application form as may be used by the Village; and
(2) 
Other supporting information the applicant deems appropriate.
The staff report shall contain the following:
A. 
A summary of the comments received from agency review, if applicable;
B. 
Preliminary findings concerning the decision criteria listed in this division;
C. 
A recommendation to approve the proposed amendment, approve the proposed amendment with revisions, or deny the proposed amendment;
D. 
A preliminary list of revisions, if appropriate, whether the staff recommendation is for approval or denial; and
E. 
Other information deemed necessary.
An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.
The Zoning Administrator is authorized to prepare and update from time to time informational brochures describing the application process and submittal requirements for a zoning code text or map amendment, a conditional use permit, a variance, an administrative appeal to the Zoning Board of Appeals, and an appeal of a decision made by the Planning Commission and/or the Village Board relating to the administration and enforcement of this chapter.