(a) Authority. 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 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 with final action by the Village Board.
(b) Initiation of changes or amendments. 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 or to the district boundaries hereby established or by amendments hereto in the accompanying zoning map made a part of this chapter.
(c) Procedures for changes or amendments.
(1) Application. 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 Zoning Administrator, Clerk, and highest elected official, as appropriate, describe the premises to be rezoned or the portions of text of regulations to be amended, list the reasons justifying the petition, specify the proposed use, if applicable, and have attached the following, if petition be for change of district boundaries.
a. Plot plan, drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.
b. Owners’ names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.
c. The fee for a rezoning amendment shall be as set forth in the village’s annual fee schedule.
d. Together with additional information as may be required by the Plan Commission or Village Board.
(2) Review standards. The Zoning Administrator, Clerk, and highest elected official, as appropriate, or designee, and other Village Departments shall review the complete application and evaluate whether the proposed amendment.
a. Advances the purposes of this chapter, as outlined in § 13-1-4.
b. Advances the purposes of the general article in which the amendment is proposed to be located.
c. Advances the purposes of the specific section in which the amendment is proposed to be located.
d. Is in harmony with the Village Comprehensive Plan.
e. Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.
f. Addresses any of the following factors that may not be addressed in the current zoning text:
1. A change in the land market, or other factors which require a new form of development, a new type of land use, or a new procedure to meet said change(s). New methods of development or types of infrastructure;
2. Changing governmental finances to meet the needs of the government in terms of providing and affording public services; and
3. Any other factor deemed appropriate by the village.
(3) Public hearing required.
a. Within 90 days of filing of a complete application, the Village Board shall hold a public hearing to consider the proposed zoning change or amendment, giving notice of the time, place, and the change or amendment proposed by publication of a Class 2 notice, under Wis. Stats. Chapter 985. At least ten days prior, written notice shall also be given to the Clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.
b. A public hearing may be held more than 90 days from filing of the complete application when requested by the applicant in writing.
c. The Village Board may delegate to the Plan Commission the responsibility to hold public hearings as required under this section.
(4) Plan Commission review and recommendation.
a. The Village Board or the Village Administrator, Clerk, and highest elected official, as appropriate, shall cause the petition to be forwarded to the Plan Commission for its consideration and recommendation.
b. Within 60 days of the public hearing, the Plan Commission shall make its recommendations regarding the application. Said recommendation may include a formal finding of facts developed and approved by the Plan Commission, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.
c. 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 recommendation. In arriving at its recommendation, the Commission may on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).
d. If the Plan Commission fails to make a recommendation within 60 days of the public hearing, the Village Board may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said recommendation from the Plan Commission shall not invalidate the proceedings or actions of the Village Board. If a public hearing is necessary, the Village Board shall provide notice per the requirements of under subsection (c)(3) above.
(5) Village Board review and action.
a. Following the required public hearing and after consideration of the Plan Commission’s recommendation, the Village Board shall review the proposed amendment. The Village Board may request further information and/or additional reports from the Plan Commission, Zoning Administrator, Clerk, and highest elected official, as appropriate, (or designee), the applicant, and/or any other entity as it sees fit.
b. The Village Board may refer the matter back to the Plan Commission. In such cases, the Village Board shall specify the issue(s) to be addressed in further detail.
c. The Village Board may take final action (by ordinance) on the application at the time of its initial meeting or may continue the proceedings by its own decision or the applicant’s request. The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment. The Plan Commission’s recommendations may only be overruled by three-fourths of the full Board membership.
(d) Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material changes of circumstances.
(e) Protest.
(1) In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of 20% or more, either of the areas of the land included in such proposed change, or by the owners of 20% or more of the 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 changes or amendments shall not become effective except by the favorable vote of three-fourths of the full Village Board membership.
(2) In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20% of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full Village Board membership to adopt such amendment.
(Ord. passed 1-18-2021)