From time to time, it may be necessary or desirable to amend
the text of this chapter and the Zoning Map. 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:
A. A property owner in the area to be affected by the proposed amendment;
B. The Zoning Administrator;
D. The Zoning Board of Appeals; and
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 submits a complete
application to the Zoning Administrator along with the application
fee as may be established by the Village Board.
B. Distribution to Department of Natural Resources. If the proposed
amendment would revise floodplain or shoreland-wetland regulations
in this chapter, the Zoning Administrator sends a copy of the application
to the regional office of the Wisconsin Department of Natural Resources
within five workdays of receipt.
C. Determination of completeness. The Zoning Administrator reviews the
submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. The Zoning Administrator will take
no further steps to process the application until the deficiencies
are remedied. The incomplete application is retained as a public record.
A determination that an application is complete means the application
is ready for formal review and does not suggest the applicant has
provided sufficient information in all regards or preclude the reviewing
authority from requesting additional information it deems appropriate.
D. Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Plan Commission
consistent with its adopted calendar.
E. Special notice to specified municipalities. At least 10 calendar
days prior to the date of the public hearing, the Zoning Administrator
gives notice of the proposed amendment to the clerk of any municipality
whose boundary is within 1,000 feet of any lands included in the proposed
amendment.
F. Special notice to Department of Natural Resources. If the proposed
amendment would revise the floodplain regulations in this chapter,
the Zoning Administrator sends a copy of the public hearing notice
to the regional office of the Wisconsin Department of Natural Resources
at least 10 calendar days before the date of the public hearing.
G. General notice by type of application.
(1)
If a proposed amendment would revise the text of this chapter,
the Zoning Administrator provides for:
(b)
Distribution list notice; and
(c)
Meeting agenda notice consistent with Division 2 of Article
4.
(2)
If a property owner initiates a proposed amendment that would
revise the Zoning Map, the Zoning Administrator provides for:
(c)
Distribution list notice; and
(d)
Meeting agenda notice consistent with Division 2 of Article
4.
(3)
If the Village initiates a proposed amendment that would revise
the Zoning Map, the Zoning Administrator provides for:
(b)
Distribution list notice; and
(c)
Meeting agenda notice consistent with Division 2 of Article
4.
H. Staff report preparation and distribution. The Zoning Administrator
may prepare a written staff report as described in this division and
provide a copy of it to each member of the Plan Commission and Village
Board, the applicant, and any other interested person upon request.
I. Public hearing. Allowing for proper notice, the Village Board and
Plan Commission conduct a joint public hearing to review the application
consistent with Division 3 of Article 4, with the Village President
serving as the presiding officer. Prior to the close of the public
hearing, the applicant, Village Board, or the Plan Commission may
request a continuance consistent with Division 3 of Article 4. If
the public hearing is adjourned, the Village Board and/or Plan Commission
may direct the Zoning Administrator, the Village Engineer, and/or
Village Attorney to conduct additional research and to prepare such
documents it deems necessary, including a preliminary decision document.
J. Plan Commission recommendation. After considering the public comments
received at the public hearing and the staff report, if any, the Plan
Commission makes a recommendation to the Village Board based on the
decision criteria in this division to i) approve the amendment, ii)
approve the amendment with conditions, or iii) deny the amendment.
K. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator places the matter on the meeting agenda of the Village
Board.
L. Village Board meeting. Allowing for proper notice, the Village Board
considers the application at a regular or special meeting.
M. Decision. The Village Board after considering the Plan Commission's
recommendation makes a decision based on the decision criteria in
this division to i) approve the amendment, ii) approve the amendment
with conditions, or iii) deny the amendment.
N. Required vote with downzoning. An amendment must be approved by at
least two-thirds of the members elect if the amendment would decrease
the development density of the land to be less dense than was allowed
under its previous usage or that would reduce the number of permitted
uses of the land to fewer uses than were allowed under its previous
usage. If a person requests or agrees to such downzoning, the ordinance
may be enacted by a simple majority of the members elect.
O. Required vote with a protest by qualified property owners. Prior
to January 1, 2019, an amendment to the Zoning Map may not become
effective except upon a favorable vote of 80% of the Village Board
members voting on the proposed change when i) those owning 20% or
more of the land area within the proposed map amendment file a written
protest, ii) those owning 20% or more of the land area within 100
feet of the proposed map amendment file a written protest, or iii)
those owning 20% or more of the land directly opposite of the proposed
map amendment but within 100 feet of the street frontage file a written
protest.
P. Preparation of decision document. If the Village Board approves the
proposed amendment, the Zoning Administrator prepares a final ordinance.
Q. Applicant notification. Within a reasonable time following the Village
Board's decision, but not more than 10 workdays, the Zoning Administrator
sends the decision document to the applicant by regular mail and/or
email.
R. Notification to Department of Natural Resources. If the proposed
amendment is approved and modifies the floodplain regulations in this
chapter, the Zoning Administrator sends a copy of the ordinance to
the regional office of the Wisconsin Department of Natural Resources
via regular mail and/or email within 10 calendar days of the date
of decision.
S. Preparation of new Zoning Map. If the proposed amendment is approved
and modifies the Zoning Map, the Zoning Administrator shall cause
a new Zoning Map to be prepared consistent with Article 6.
The staff report should include the following:
A. Preliminary findings for the decision criteria listed in this division;
B. Proposed revisions, if appropriate; and
C. 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 calendar days of the final decision.