Pleasant Prairie City Zoning Code
ARTICLE II
Mechanics and Interpretation
§ 420-3 Adoption.
This chapter and each ordinance amending it shall be adopted by the Village Board in accordance with the provisions of this chapter.
§ 420-4 Effective date.
Following adoption by the Village Board, this chapter and any ordinance amending it shall become effective upon publication or posting, as provided by law, or at such later date as may be specified in such ordinance.
§ 420-5 Jurisdiction.
Except as exempted by law, and except as otherwise specifically provided in this chapter, the provisions of this chapter shall apply to any use of land and any related use of water or air, and to any development of land and any development-related physical disturbance of land, and to any construction, installation, use, expansion or alteration of any building or structure within the Village of Pleasant Prairie.
§ 420-6 Projects in progress.
Except as otherwise specifically provided in this chapter or in any ordinance amending this chapter, the provisions of such ordinance shall not apply to any project for which a valid building permit is issued prior to the effective date of such ordinance if the conditions and other requirements relating to such permit are satisfied; provided, however, that such ordinance shall apply to any request for an extension of such permit, and further provided that this section shall not prevent such project from being a nonconforming use or nonconforming structure as a result of such ordinance.
§ 420-7 Abrogation.
Neither this chapter nor any ordinance amending this chapter is intended to repeal, abrogate, annul, impair or interfere with any existing easement, covenant, deed restriction or agreement. Whenever this chapter or any ordinance amending this chapter imposes greater restrictions or burdens, however, the provisions of such ordinance shall govern except as otherwise specifically provided.
§ 420-8 Interpretation.
The provisions of this chapter shall be interpreted to be minimum requirements and shall be liberally construed in favor of the Village. This chapter shall not be deemed to constitute a limitation on any powers granted to the Village by the Wisconsin Statutes. Headings are provided in this chapter for convenience and ease of reference only, and they shall not be used to interpret the purpose, effect, or meaning of any provision of this chapter. The words and phrases that are defined in Article XXI of this chapter shall have the meaning stated in their definitions. Undefined words or phrases shall have their common, ordinary meanings unless a specialized meaning is clearly suggested by the particular use of the word or phrase or the context in which it appears. As used in this chapter, "shall" is mandatory and "may" is permissive; however, the phrases "shall not" and "may not" are synonymous and prohibitory. Singular words shall be understood to include the plural and vice versa. Words used in the present tense shall be understood to include the future tense and vice versa. Words of a particular gender shall be understood to include all genders. This chapter is not intended to abrogate, annul, impair or interfere with the legal rights of any individuals or other persons guaranteed by the state or federal constitutions, statutes or administrative rules, and shall be so interpreted.
§ 420-9 Severability.
In the event that any section, subsection or provision of this chapter is adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall be deemed to be severable, shall not be affected by such judgment and shall remain in full force and effect.
§ 420-10 Invalid administrative decision.
In the event that any administrative decision, determination or order made pursuant to this chapter with respect to a particular set of facts and circumstances is determined or adjudged to be unconstitutional or invalid by the Village Zoning Board of Appeals or by a court of competent jurisdiction, such decision or judgment shall not be deemed to be applicable to any other facts or circumstances.
§ 420-11 Disclaimer of liability.
The Village makes no guaranties, warranties or representations of any kind by or as a result of adopting this chapter. Particularly, and without limitation, the Village does not guarantee, warrant or represent that any land in the Village is suitable for any type of use or development or that only those areas designated as floodplain areas are subject to periodic inundation. Consequently, the Village hereby asserts that there is no liability on the part of the Village, its agencies, employees or agents for any flood damage, sanitation problems, or structural or other damages that may occur despite or as a result of reliance upon or conformance with this chapter.
§ 420-12 Zoning Maps.
[Amended 9-5-2006 by Ord. No. 06-42; 7-20-2020 by Ord. No. 20-26; 4-11-2024 by Ord. No. 24-05]
A.
Zoning Maps. Boundaries of the official Village zoning districts established and referenced in this chapter, including floodplain zoning maps referenced in Chapter 430 are shown on a series of maps adopted by the Village Board on September 5, 2006, by Ord. No. 06-42. These maps accompany and are made a part of this chapter by reference. This chapter hereby incorporates any changes that may be adopted by ordinance that are on file with the Village Zoning Administrator and posted under "Public Documents" online with the Village Code of Ordinances. The Zoning Maps, including amendments thereto, are available to the public for viewing with the Community Development Department and further may be published online.
§ 420-13 Amendments to Official Zoning Maps and zoning text.
A.
Intent. While stability of zoning within the Village is generally desirable, zoning is by no means static. It is the intent of this section to recognize that changed or changing conditions may require a change in the zoning maps or the text of this chapter and that no person has a right to an unchanged zoning classification or to unchanged provisions of this chapter. It is the policy of the Village Board generally not to zone land for development in the absence of an approved plan of development, and the Village Board reserves its right, without limitation, to condition an amendment of this chapter upon the owner timely proceeding to implement an approved development plan or to downzone land when it becomes apparent that an approved plan of development will not be acted upon in a timely fashion.
B.
Authority and limitations. Whenever the public necessity, convenience or general welfare requires, the Village Board may, in its discretion, amend any part of this chapter by ordinance. Such amendments may include changes in the zoning district classification, changes in zoning district boundaries, and/or changes in the text of this chapter. Such amendments shall be enacted in accordance with the applicable provisions of the Wisconsin Statutes and this chapter. Amendments may also be made upon a showing of a mistake or error on the part of the Village.
C.
Initiation. A petition for amendment of this chapter may be made by any owner of real property in the Village affected by the proposed amendment or by such owner's agent. Without filing a petition for an amendment, any member of the Village Plan Commission or Village Board may initiate consideration of an amendment of this chapter by making a resolution which is adopted by such body.
D.
Petition for amendment. A petition for any amendment of this chapter shall be filed with the Village Zoning Administrator on forms furnished by the Community Development Department.
(1)
A petition for the amendment of zoning district boundaries or for an amendment of the zoning district classification of real property shall include, at a minimum, the following information (provided, however, that the Village Zoning Administrator shall have authority to waive the submission of any information in the possession of the Village or not deemed necessary for the processing of the application):
(a)
Name, address and telephone number of the applicant, and of the owner of the affected real property if the applicant is not the owner, and of any authorized agent, architect, professional engineer, contractor or other person who will be involved in the processing of the petition;
(b)
Legal description and street address of the affected real property [i.e., of the affected tax key parcel(s)] and legal description of the area proposed to be rezoned if less than the affected real property;
(c)
Existing zoning district;
(d)
Proposed zoning district;
(e)
Existing use(s) of the area to be rezoned;
(f)
Proposed use(s) of the area to be rezoned (with respect to any proposed use that requires new construction, substantial alteration of existing buildings or structures, or substantial movements of earth, include a detailed narrative statement explaining and describing the proposed development activities, including the nature and purpose of the proposed development activities, the number, size and use of buildings or other significant structures or features, the type of proposed construction, whether existing buildings or structures will be retained, and required public improvements);
(g)
Compatibility of the proposed amendment with the Village's Comprehensive Plan, approved neighborhood plan(s) and/or approved conceptual plan;
(h)
Compatibility of the proposed zoning and use with the zoning and use of neighboring properties;
(i)
Survey plat or scaled site plan or scaled aerial photograph of the affected real property and its environs showing the boundaries of the affected real property, the boundaries of the area to be rezoned, the location, type and use of existing and proposed buildings and significant structures on the affected real property and on neighboring properties within 300 feet of the affected real property (even if the area to be rezoned is smaller than the affected real property), the existing and proposed zoning classifications on the affected real property and the neighboring properties within such three-hundred-foot area and significant man-made or natural features within such three-hundred-foot area, such as streets and highways, sewer, water and drainage facilities, navigable waters, wetlands, drainage courses and patterns, and wooded areas;
(j)
Documentation of the applicant's ownership interest in the real property affected by the proposed amendment and, if applicable, the applicant's status as the owner's agent;
(k)
Additional information relating to amendments with respect to particular zoning districts, as required by other provisions of this chapter or by state or federal statutes or regulations;
(l)
Any additional information requested by the Village Zoning Administrator, the Village Plan Commission or the Village Board; and
(2)
A petition for the amendment of the text of this chapter shall include, at a minimum, the following:
(a)
The text of the proposed amendment;
(b)
A specific statement explaining why the petitioner desires the adoption of the proposed text amendment and how the proposed amendment will benefit the petitioner's real property or use thereof;
(c)
A detailed statement of the potential impact of the proposed text amendment on other property owners or users;
(d)
Any additional information requested by the Village Zoning Administrator, the Village Plan Commission or the Village Board; and
E.
Resolution for proposed amendment. The Zoning Administrator shall draft or oversee the drafting of any amendments to this chapter proposed by resolution of the Village Plan Commission or Village Board or proposed by but not included in a petition for amendment.
F.
Review and approval.
(1)
Prior to filing any petition for amendment of this chapter, the applicant shall schedule and participate in a conference with the Zoning Administrator or the Zoning Administrator's designee regarding the proposed amendment and the requirements for such an amendment.
(2)
After receipt of a complete petition for any amendment of this chapter, or after drafting any amendment proposed by resolution of the Plan Commission or Village Board, the Zoning Administrator shall promptly submit the petition and/or drafted amendment and related materials to the Village Plan Commission by written communication, with a copy of such written communication to the Village Board, and shall place the matter on the agenda of the Plan Commission for a public hearing and recommendation and report to the Village Board. The sixty-day period referred to in § 62.23(7)(d), Wis. Stats., after which the Village Board may proceed without a recommendation of the Plan Commission, shall begin on the day following such submission of the petition or drafted amendment to the Plan Commission.
(3)
Notice of the public hearing on any petition for amendment or on any amendment proposed by resolution of the Plan Commission or Village Board shall be published as a Class 2 notice pursuant to Ch. 985, Wis. Stats. (See exception in Chapter 1, Article III, entitled "Publication and Posting of Notices," of the Village Code.) In addition, written notice of the public hearing shall be mailed to the last known address of the owners of all real property within 300 feet of the exterior boundaries of the real property affected by any proposed amendment of the zoning district classification of real property or any proposed amendment of the boundaries of any zoning district (even if the area to be rezoned is smaller) and to parties in interest as defined in this chapter. Failure to give or nonreceipt of such actual notice by any property owner or other party in interest shall not invalidate any action taken by the Plan Commission or the Village Board. For good cause shown, the petitioner may request the Plan Commission to postpone or adjourn the public hearing. The Plan Commission may, for good cause shown, postpone or adjourn a public hearing on its own motion. No further publication or mailing of notice shall be required if notice of the date, time and location of the postponed or adjourned hearing is publicly announced at the place and approximate time of the scheduled public hearing.
[Amended 7-20-2020 by Ord. No. 20-26]
(4)
Additional notice requirements. The Zoning Administrator shall give at least 10 days' prior written notice of the public hearing on a proposed amendment to the clerk of any municipality whose boundaries are contiguous with the Village's and within 1,000 feet of the boundaries of the area to be rezoned, as required in § 62.23(7)(d)1a, Wis. Stats. Failure to give or nonreceipt of such actual notice by any property owner or other party in interest shall not invalidate any action taken by the Plan Commission or the Village Board. For good cause shown, the petitioner may request the Plan Commission to postpone or adjourn the public hearing. The Zoning Administrator shall give any other actual notice of a public hearing required by any other provision of this chapter or by state or federal statute or regulation.
(5)
Upon completion of the public hearing and consideration of any proposed amendment of this chapter, the Plan Commission shall make a recommendation and report to the Village Board relating to the proposed amendment. Any substantial changes in the proposed amendment not covered by the published notice of the public hearing or not a subject of discussion at the public hearing shall require a new public hearing and recommendation and report by the Plan Commission.
(6)
Upon receipt of the Plan Commission recommendation and report, the Village Board may: adopt the amendment as proposed, deny the proposed amendment, or refer the proposed amendment to staff and/or the Plan Commission for further review, study and/or drafting in light of expressed concerns and/or requested changes. The Village Board may also adopt a proposed amendment with minor changes, or with substantial changes provided that any such substantial changes were covered by the published notice of the public hearing and were a subject of discussions at the public hearing.
(7)
Approval of a down zoning ordinance. Pursuant to 66.10015 (3), Wis. Stats., the Village may enact a down zoning ordinance only if the ordinance is approved by at least two-thirds of the Village Board members, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, then the ordinance may be enacted by a simple majority of the Village Board. A down zoning ordinance means a zoning ordinance that affects an area of land in one of 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 this zoning ordinance or other land use regulations to fewer uses than were allowed under its previous usage.
[Added 7-17-2017 by Ord. No. 17-30]
G.
Protest.
(1)
If one or more protests are filed with the Village Clerk at least 24 hours prior to the scheduled date and time of the meeting of the Village Board, or if the day before the meeting is a holiday or a weekend then said protest shall be filed by 5:00 p.m. of the last working day prior to the day at which adoption of a proposed amendment to this chapter is scheduled to be considered, and such protest(s) is (are) determined to be valid and sufficient, individually or in the aggregate, then such amendment shall not be adopted except by the favorable vote of 3/4 of the members of the Village Board voting on the proposed amendment.
(2)
To be valid and sufficient, one or more protests must be timely filed and must be duly signed and acknowledged, in accordance with the requirements of this Subsection G, by the owners of 20% or more of the area of the land proposed to be rezoned, or by the owners of 20% or more of the area of land immediately adjacent to the land proposed to be rezoned and extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite the land to be rezoned and extending 100 feet from the street frontage of such opposite land, and said protest(s) shall have original signatures; photocopied signatures, emailed signatures or faxed signatures are not valid. Further, each protester shall state in the protest:
[Amended 7-20-2020 by Ord. No. 20-26]
(a)
Whether the protestor is protesting as an owner of the land proposed to be rezoned, as an owner of adjacent land, and/or as an owner of opposite land;
(b)
The tax key parcel number(s) and street address(es) of the protester's land that provided the basis for the protest; and
(c)
Whether the protester is the sole owner of such land and, if not, the protester's percentage of ownership of such land.
(3)
Additionally, if the protestor's ownership interest is not of record, the protestor shall attach to the protest a copy of the deed or other instrument on the basis of which the protester claims to be an owner.
(4)
The Village Board's vote on the proposed amendment may be deferred until the Village Clerk is able to determine the validity and sufficiency of the protest(s), or the Village Board may proceed to vote, with the outcome to abide the Clerk's determination as to the effect of the protest(s). Any and all protests determined to be invalid or insufficient may be disregarded.
§ 420-14 (Reserved) [1]
[1]
Editor's Note: Former § 420-14, Amendments to Agricultural Preservation Districts, as amended, was repealed 4-7-2014 by Ord. No. 14-06.
§ 420-15 Annexed lands.
[Amended 4-11-2024 by Ord. No. 24-05]
Except as otherwise specifically provided in this section, whenever any area which has been subject to the Kenosha County General Zoning/Floodplain and Shoreland Zoning Ordinance becomes part of the Village, the regulations imposed by the County Zoning Ordinance shall continue to be in effect, without change, and shall be enforced by the Village until such regulations have been changed by official action of the Village Board, except that in the event an annexation ordinance is contested in the courts, the County Zoning Ordinance shall continue to control and the County shall continue to have jurisdiction over the area affected until such time as the annexation ordinance is finally determined not to be invalid as a result of such challenge, and except that the general zoning classification of all land coming within the jurisdiction of this chapter shall automatically be A-2 General Agricultural District (except areas zoned C-1 Lowland Resource Conservancy District, or C-2 Upland Resource Conservancy District), unless and until the Village Board affirmatively acts to change the zoning classification of such land.