A.

Authority. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the village board may, by ordinance, amend the zoning regulations of this chapter. All such amendments shall first be subject to the review and recommendation of the plan commission.

B.

Initiation. An amendment to the zoning regulations may be initiated by the village board or plan commission, by recommendation of village staff to either of these two bodies, or by any member of the general public.

C.

Application requirements for amendment to zoning regulations. No application for amendment to the zoning regulations shall be placed on any agenda as an item to be acted upon unless the zoning administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the zoning administrator with the complete application certified by the zoning administrator, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the zoning administrator. Said complete application shall be composed of all of the following:

(1)

A copy of the portion of the current provisions of this chapter that are proposed to be amended, with said provisions clearly indicated in a manner that is clearly reproducible with a photocopier.

(2)

A copy of the text that is proposed to replace the current text.

(3)

Written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the comprehensive plan.

(4)

A fee as established by the village board and stated in the village's fee schedule.

D.

Zoning administrator review and recommendation.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the zoning administrator shall entitle a public hearing under subsection F. The zoning administrator or designee shall inform the applicant if the application is incomplete in his or her determination.

(2)

If complete, the zoning administrator or designee shall prepare a written evaluation of the application based on the criteria for amending the zoning regulations in subsection G. The zoning administrator or designee shall forward a copy of the evaluation to the plan commission, village board, and applicant.

E.

Notice of public hearing.

(1)

Legal ad (per existing ordinances). The notice of the time, date, and location of the planning commission public hearing shall be published by the village at least two times in a newspaper of general circulation in the village. Publications shall occur 14 calendar days and seven calendar days prior to the date of the planning commission public hearing on a conditional use permit or a zoning change request. The notice of the time, date, and location of the planning commission public hearing shall be published by the village at least one time in a newspaper of general circulation in the village ten calendar days prior to the date of the planning commission public hearing on an application for variance request.

(2)

Public notice. Notice of the plan commission public hearing shall be sent by regular mail to the applicant, each landowner adjoining the subject property and each landowner within 500 feet of the subject property. Notice of the planning commission public hearing shall be sent at least ten calendar days prior to the planning commission public hearing. The notice shall be prepared and mailed by the village. The failure of any person required by this section to receive the notice shall not invalidate or otherwise have any effect upon a public meeting or public hearing or action taken on the application.

(3)

Local government notice. The village shall send one copy of the application at least ten calendar days prior to the plan commission public hearing to the adjoining local government for review and comment when the project affects another municipality, or the primary access to the affected property is through an adjoining municipality.

(4)

Village website. Notice of the plan commission public hearing shall be posted on the village webpage.

F.

Public hearing and recommendation. The plan commission shall hold a public hearing on all proposed amendments to the zoning regulations. Following the public hearing, and after consideration of comments provided therein, the plan commission shall review the proposed amendments to the zoning regulations and shall within 45 days of the public hearing make a recommendation to the village board that the application be granted as requested, modified, or denied. If the commission fails to make a recommendation within this time frame, the proposed amendment shall be forwarded to the village board without recommendation.

G.

Review criteria for amendments to zoning regulations. The plan commission and village board shall utilize the following criteria when reviewing each application to amend the text of this chapter:

(1)

Is the proposed text amendment consistent with the comprehensive plan, as is required by Wisconsin Statutes?

(2)

Does the proposed text amendment further the purposes and intent of this chapter and section to which the amendment is proposed?

(3)

Does the amendment address any of the following deficiencies or omissions as compared to the current language of this chapter?

(a)

A change has occurred in the land market, or other factors have arisen that require a new form of development, a new type of land use, or a new procedure to meet said change(s).

(b)

New methods of development or providing infrastructure make it necessary to alter this chapter to meet these new factors.

(c)

Changing governmental finances require amending this chapter in order to meet the needs of the government in terms of providing and affording public services.

(d)

There is an error or internal inconsistency in this chapter.

(4)

Does the proposed amendment maintain the desired compatibility with allowable land uses, land use intensities, and impact on resources of the affected zoning district(s)?

H.

Village board action.

(1)

The zoning administrator shall schedule the proposed amendment for potential village board action. The village board shall, within 120 days of submittal of a complete application, act to approve or reject the proposed amendment, except if extended by written or electronic agreement from the applicant. Failure of the board to act within such time frame (unless said deadline is extended by written agreement of the applicant) shall constitute approval of any complete application as presented.

(2)

The village board may approve an amendment by a simple majority of a voting quorum.

I.

Effect of denial. No application that has been denied shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the zoning administrator.

J.

Fee. A fee may be required for this procedure, as established by the village board and stated in the village's fee schedule.

(Ord. No. 16-07, 6-20-2016; Ord. No. 21-11, 7-27-2021)