Hales Corners City Zoning Code
ARTICLE XVI
Changes and Amendments to Zoning Code
§ 445-16.1 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 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.
§ 445-16.2 Initiation of changes or amendments.
The Village Board, the Plan Commission, the 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.
§ 445-16.3 Procedure for changes or amendments.
A.
Request for changes. 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. Petitions shall 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:
(1)
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;
(2)
Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned;
(3)
Together with additional information as may be required by the Plan Commission or Village Board.
B.
Recommendations. 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 recommendation. In arriving at its recommendation, the Commission may on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).
C.
Hearings.
(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 and place and the change or amendment proposed by publication of a Class 2 notice, under Ch. 985, Wis. Stats. At least 10 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. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
(2)
The Village Board shall hold public hearings as required under this section.
D.
Board's action. Following such hearing and after consideration of the Plan Commission's recommendations, the Village Board shall vote on the proposed ordinance effecting the proposed change or amendment.
E.
Fee. The fee for a zoning change or amendment shall be set by the Village Board.
[Amended 4-12-2004 by Ord. No. 04-02; 4-8-2019 by Ord. No. 19-03; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 445-16.4 Down zoning.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Village may enact a down zoning ordinance only if the ordinance is approved by at least 2/3 of the members-elect of the Village Board, 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.
§ 445-16.5 Lot merger.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Village shall not enact or enforce an ordinance or take any other action that requires one 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.
§ 445-16.6 Protest.
A.
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 exclusive of right-of-way 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 3/4 of the full Village Board membership.
B.
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.