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Article M: Changes and Amendments to the Zoning Code
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Village Board may, by ordinance, change the district boundaries established by this Chapter and the Zoning Map incorporated herein and/or the Supplementary Floodland Zoning Map incorporated herein, or amend, change or supplement the text of 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.
The Village Board, the Plan Commission, the Zoning Board of Appeals and other government bodies and any private petitioners may apply for an amendment to the text of this Chapter to the District boundaries hereby established or by amendments hereto in the accompanying zoning map made a part of this Chapter and/or the Supplementary Floodland Zoning Map to be made a part of this Chapter by reference.
(a) Petition.
(1) Petitions for any change to the district boundaries and map(s) or amendments to the text regulations shall be addressed to the Village Board and shall be filed with the Village Administrator. The person requesting such action shall provide all information requested on the petition including:
a. Name and street address of the petitioner.
b. The lot number of any real estate owned by the petitioner adjacent to the area proposed to be changed.
c. Legal description of the property to be altered.
d. The existing use of all buildings on such land.
e. The principal use of all properties within three hundred (300) feet of such land.
f. Purpose for which such property is to be used.
g. Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this Chapter.
h. Names and addresses of all abutting and opposite property owners within three (300) feet of the property to be altered.
i. Plot plan or survey plat, drawn to scale, showing the property to be rezoned, location of structures, and property lines within three hundred (300) feet of the parcel.
j. Any further information requested to the petition or which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Village Board.
(2) Failure to supply such information shall be grounds for dismissal of the petition.
(3) A petition for change or amendment submitted by a private property owner shall be prepared in triplicate and filed with the Village Administrator and shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.
(b) Plan Commission Recommendation. The Village Board or the Village Administrator shall cause the petition to be forwarded to the Plan Commission for its consideration and recommendation. The Plan Commission shall review all proposed amendments to the text and zoning map(s) within the corporate limits and shall recommend in writing that the petition be granted as requested, modified or denied. A recording of the recommendation in the Plan Commission's official minutes shall constitute the required written recommenda- tion. In arriving at its recommendation, the Commission may on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).
(c) Public Hearing.
(1) The Village Board, following receipt of recommendation of the Plan Commission, shall hold a public hearing upon each proposed change or amendment, giving notice of the time, place and the change or amendment proposed by publication of a Class 2 notice, under Chapter 985, Wis. Stats. At least ten (10) days' prior, written notice shall also be given to the clerk of any municipality within one thousand (1,000) feet of any land to be affected by the proposed change or amendment.
(2) The Village Board may delegate to the Plan Commission the responsibility to hold public hearings as required under this Section.
(d) Village Board Action; Rezoning Voting; Down Zoning.
(1) Following such public hearing, the Plan Commission shall make a recommendation on the proposed rezoning ordinance making the proposed rezoning, change or amendment. The Village Board shall than review the Plan Commission's recommendation and make its determination.
(2) The Village Board may enact a down zoning ordinance only if the ordinance is approved by at least two-thirds of the members-elect, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.
(3) "Down zoning ordinance" means a zoning ordinance that affects an area of land in the following ways:
a. By decreasing the development density of the land to be less dense than was allowed under its previous usage; or
b. By reducing the permitted uses of the land that are specified in a zoning ordinance, or other land use regulation, to fewer uses than were allowed under its previous usage.
State Law Reference: Section 66.1005, Wis. Stats.
(a) Statutory Protest - Rezoning. In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the areas of the land included in such proposed change, or by the owners of twenty percent (20%) or more of the land immediately adjacent extending one hundred (100) feet therefrom, or by the owners of twenty percent (20%) or more of the land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths (3/4) of the full Village Board membership.
(b) Statutory Protest - Zoning Code Text Amendment. In the event of protest against amendment to the text of the regulations of this Chapter, duly signed and acknowledged by twenty percent (20%) of the number of persons casting ballots in the last general election, it shall cause a three-fourths (3/4) vote of the full Village Board membership to adopt such amendment.
(a) Definition. Per Sec. 66.10015(1)(e), Wis. Stats., a "substandard lot" is a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements."
(b) Prohibited Actions Regarding Substandard Lots. Notwithstanding any other law or rule, or any action or proceeding under common law, the Village, and its subunits and officials, may not enact or enforce an ordinance or take any other action that prohibits a property owner from doing any of the following:
(1) Conveying an ownership interest in a substandard lot.
(2) Using a substandard lot as a building site if all of the following apply:
a. The substandard lot or parcel has never been developed with one (1) or more of its structures placed partly upon an adjacent lot or parcel.
b. The substandard lot or parcel is developed to comply with all other ordinances of the Village.
(c) Prohibited Lot Merger Requirement. Notwithstanding the authority granted under Secs. 61.35 and 62.23, Wis. Stats., the Village may not enact or enforce an ordinance or take any other action that requires one (1) or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.
State Law Reference: Sec. 66.10015, Wis. Stats.
(a) Notice Registery.
(1) List of Registered Citizens; Scope. The Village of Edgar shall maintain a registery list of persons who submit a written or electronic request to receive notice of any proposed municipal zoning action or ordinance change, or comprehensive plan amendment, which would affect the allowable use of the person's property. This notification list shall apply to any proposed zoning ordinance or comprehensive plan amendment which would impact the allowable use, size or density requirements pertaining to the registered person's property.
(2) Registration Requests. To be included on the list to receive notice of such proposed zoning regulation or comprehensive plan changes, a person shall make a written or electronic request to the Village Administrator. Verbal requests shall not be accepted. With such request, the person shall provide:
a. His/her name;
b. Mailing address;
c. Telephone number (landline, cellphone, fax);
d. Email address; and
e. Preferred method of notification (non-binding on the municipality).
(b) Annual Registration Information Notice.
(1) Public Notification to be Provided. Annually, the Village shall inform residents of the municipality that they may add their names to the notification list. The date of providing such annual notice shall be set by the Village of Edgar.
(2) How Annual Notification is Provided. The annual notice requirment providing information on the notice registery can be provided by any one of the following methods, or combination of methods:
a. Publication of a Class 1 notice pursuant to Ch. 985, Wis. Stats.;
b. First class mail;
c. Giving notice on the Village's website; or
d. Including the information in a mailing that is sent to all property owners, such as, but not limited to, tax or utility statements, newsletters, etc.
(c) Form of Notifications. Following recommendation from the Plan Commission on the proposed zoning regulation change or comprehensive plan amendment but prior to action by the Village Board to vote on such proposal, the Village shall send a notice to each person on the notice registery list. Such notice shall include a copy of the proposed zoning or change or comprehensive plan amendment, or a summary thereof. Such notice shall be by first class mail or by any other reasonable form agreed to by the registered person and the Village, including email, voice mail or text message. The Village shall not require a fee for the sending of such notices except that the Village may charge each person on the list who receives a notice by first class may a fee that does not exceed the approximate cost of providing the mailed notice to the person. An ordinance or amendment that is subject to this notice requirement may take effect even if the Village fails to send the notice.
State Law Reference: Secs. 62.23(7)(d)4. and 66.1001(4)(f), Wis. Stats.
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