Rothschild City Zoning Code
ARTICLE VIII
Amendments
§ 590-99 Purpose.
This article is to provide the procedure and requirements for the review and approval, or denial, of proposed amendments to the text or Zoning Map provisions of this chapter. Refer to the requirements of § 62.23(7)(d)2. The Planning and Zoning Commission shall review and recommend changes to the Village Board for final action.
§ 590-100 Initiation of request for amendment.
Proceedings for amendment of this chapter may be initiated by any one of the following three methods:
A.
An application by any member of the general public;
B.
A recommendation of the Village staff or Planning and Zoning Commission or Board of Appeals; or
C.
By action of the Village Board.
§ 590-101 Application for text amendment.
All applications for proposed text amendments to this chapter shall be made to the Village Clerk, along with applicable fees, as per the fee schedule. The complete application shall be comprised of all of the following:
A.
Existing text. A copy of the portion of the current provisions of this chapter which is proposed to be amended, with said provisions.
B.
Proposed text. A copy of the text which is proposed to replace the current text.
C.
Written justifications. The applicant shall provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the recommendation of the Village of Rothschild Master Plan and the purpose of this chapter.
§ 590-102 Review of text amendments by Planning and Zoning Commission.
The proposed text amendment shall be reviewed by the Planning and Zoning Commission as follows:
A.
Does the proposed text amendment further the purposes of this chapter in promoting the public health, safety, morals, order, convenience, prosperity or general welfare, as well as efficiency and economy in the process of development?
B.
Which of the following factors have arisen that are not properly addressed in the current zoning text?
(1)
The provisions of this chapter should be brought into conformity with the Master Plan.
(2)
A change has occurred in the land market or other factors have arisen which require a new form of development, a new type of land use, or a new procedure to meet said change(s).
(3)
New methods of development or providing infrastructure make it necessary to alter this chapter to meet these new factors.
(4)
Changing governmental finances require amending this chapter in order to meet the needs of the government in terms of providing and affording public services.
C.
How does the proposed amendment maintain the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts?
D.
Do the potential public benefits of the proposed text amendment outweigh the potential adverse impacts of the proposed text amendment?
§ 590-103 Application for Zoning Map amendment.
All applications for proposed amendments to the Zoning Map shall be made to the Village Clerk. The complete application shall be comprised of all of the following:
A.
Map of property. A map of the subject property showing all lands for which the zoning is proposed to be amended. The map shall clearly indicate the current zoning of the subject property and its environs and the jurisdiction(s) which maintains that control. The map shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, graphics scale, and a North arrow shall be provided. The Village Clerk shall compile the names and addresses of the owners of all lands within 200 feet of the subject property on said map as the same appear on the current tax records of the Village of Rothschild.
B.
Location map. A map, such as the Master Plan, of the general location of the subject property in relation to the Village as a whole.
C.
Written justifications. As a requirement, the applicant shall provide written justification for the proposed Zoning Map amendment, consisting of the reasons why the applicant believes the proposed Zoning Map amendment is in harmony with the recommendation of the Village of Rothschild Master Plan and the purpose of this chapter. Master plans, site plans, plats, etc., may help provide the basis for justification.
§ 590-104 Review of Zoning Map changes by Planning and Zoning Commission.
The proposed amendment of the Zoning Map shall be reviewed by the Planning and Zoning Commission as follows:
A.
How does the proposed Zoning Map amendment further the purposes of this chapter as outlined in § 590-3 and the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR), the Federal Emergency Management Agency (FEMA) or other governmental regulations?
B.
Which of the following factors have arisen that are not properly addressed on the current Zoning Map?
(1)
The designations of the Zoning Map should be brought into conformity with the Master Plan.
(2)
A mistake was made in mapping on the Zoning Map. (That is, an area is developing in a manner and purpose different from that for which it is mapped.) Note: 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 spreading.
(3)
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.
(4)
Growth patterns or rates have changed, thereby creating the need for an amendment to the Zoning Map.
(5)
Property annexed into the Village needs to be evaluated as to the proper zoning designation.
C.
How does the proposed amendment to the Zoning Map maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?
§ 590-105 Public hearing.
A.
Public meeting notice. The Planning and Zoning Commission shall schedule a reasonable time and place for a public hearing.
B.
Action. The Planning and Zoning Commission may make recommendation to the Village Board to approve, approve with conditions, or deny the application at the time of the public hearing.
§ 590-106 Planning and Zoning Commission recommendation.
A.
Recommendation. The Planning and Zoning Commission shall forward the minutes and recommendation to the Village Board.
B.
Failure to make recommendation. If the Planning and Zoning Commission fails to make a recommendation within 60 days after the filing of a complete application, then the Village Board shall hold a public hearing within 30 days after the expiration of the sixty-day period. Failure to receive said recommendation from the Planning and Zoning Commission shall not invalidate the proceedings or actions of the Village Board.
§ 590-107 Review and action by Village Board.
A.
Action. The Village Board shall consider the Planning and Zoning Commission's recommendation regarding the proposed text or Zoning Map amendment. The Village Board may request further information and/or additional reports from the Planning and Zoning Commission and/or the applicant. The Village Board may approve the text amendment as originally proposed, may approve the proposed text amendment with modifications (per the recommendations of the Planning and Zoning Commission, authorized outside experts, or its own members) or may deny approval of the proposed amendment. If the Village Board wishes to make significant changes in the proposed amendment, as recommended by the Planning and Zoning Commission, then the procedure set forth in § 62.23(7)(d)2, Wis. Stats., shall be followed prior to Village Board action.
B.
Written decision. When the Village Board takes action on the application, it shall state in the minutes and/or in a subsequently issued written decision its conclusion and any finding of facts supporting its conclusion. Any action to amend the provisions of the proposed ordinance amendment requires a majority vote of the Village Board. The Village Board's approval of the proposed ordinance amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendments to provisions of this chapter.