A.

Authority. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the village board may, by ordinance, amend the official zoning map of this chapter. Such amendments, often called "rezonings" or "zoning map amendments," shall first be subject to the review and recommendation of the plan commission.

B.

Initiation. An amendment to the official zoning map may be initiated by any member of the village board or plan commission, by recommendation of village staff to either of these bodies, or by an application by the owner(s) of property proposed for rezoning.

C.

Applications for amendment to official zoning map. No application for amendment to the official zoning map 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 hard copies in a quantity directed by the zoning administrator. A complete application shall be composed of all of the following:

(1)

A completed zoning map amendment application form furnished by the zoning administrator.

(2)

A map showing the entire subject property included in the proposed map amendment, including lot boundaries and dimensions of the subject property.

(3)

An easily reproducible electronic copy of the legal description of the property.

(4)

Written justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the comprehensive plan and other review criteria of this section.

(5)

Any required 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 shall inform the applicant if the application is incomplete in his or her determination.

(2)

Once the zoning administrator determines the application is complete, the zoning administrator or designee shall authorize a public hearing and prepare a written evaluation of the application based on the criteria for amending the official zoning map 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 official zoning map. Following the public hearing, and after consideration of comments provided therein, the plan commission shall review the proposed amendment to the official zoning map 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. Such deadline may be extended by written or electronic agreement from the applicant.

G.

Review criteria for amendments to official zoning map. The plan commission and village board shall utilize the following criteria when reviewing each application to amend the official zoning map:

(1)

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

(2)

Does the rezoning further the purpose and intent of this chapter?

(3)

Does the rezoning address any of the following that are not properly addressed on the current official zoning map?

(a)

A mistake was made in mapping on the official zoning map. That is, an area is or has developed in a manner and purpose different from that for which it is mapped. If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the village may intend to stop an undesirable land use pattern from being perpetuated.

(b)

Factors have changed, such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes, making the subject property more appropriate for a different zoning district.

(c)

Growth patterns or rates have changed, thereby creating the need for a rezoning.

(4)

Does the proposed zoning district maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

(5)

Does the rezoning meet the minimum requirements for frontage or parcel size? A lot, lots, or parcel of land shall not qualify for a zoning map amendment unless it possesses 200 feet of frontage or contains 25,000 square feet of area, or adjoins a lot, lots, or parcel of land which bears the same zoning district classification as the proposed zoning map amendment.

(6)

For applications to rezone land to a multifamily, commercial or industrial zoning district, is, or will there be, adequate public infrastructure available to accommodate the range of uses allowed in that zoning district?

H.

Village board action.

(1)

The zoning administrator shall schedule the proposed amendment for potential village board action. After careful consideration of all comments, the village board shall, within 120 days of submittal of a complete application, act to approve or reject the proposed amendment, unless extended by written or electronic agreement of the applicant. Failure of the board to act within 120 days of submittal of a complete application (unless said deadline is extended by agreement of the applicant) shall constitute approval of the application as presented.

(2)

The village board may approve an amendment by a simple majority of a voting quorum, except that when an official protest against the proposed amendment to the official zoning map is signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed amendment or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, then approval of the amendment to the official zoning map shall require a favorable vote from three-quarters of the members of the village board voting on the proposed change.

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. The village may require a fee 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)