(a)

Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of this title.

(b)

Initiation of Request for Amendment to this Chapter. Proceedings for amendment of this title may be initiated by any one (1) of the following three (3) methods:

(1)

An application by any member of the general public;

(2)

A recommendation of the Plan Commission; or

(3)

By action of the Common Council.

(c)

Application Requirements. All applications for proposed amendments to this title, regardless of the party of their initiation per subsection (b) above shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. No placement of the application on any agenda, as an item to be acted upon, shall occur unless confirmation of a complete application is stated to the applicant. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the Official Notice regarding the application to the newspaper by the City Clerk, the Applicant shall provide the Planning Director with the payment and completed application form, which dictates the required provisions for a complete application. Said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

(d)

Review by the Zoning Administrator. The proposed text amendment shall be reviewed by the Zoning Administrator as follows:

(1)

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this title. The Zoning Administrator will notify the applicant if the application does not fulfill the requirement of this chapter, is incomplete, or is complete.

(2)

The Zoning Administrator shall review the complete application and evaluate and comment on the written justification for the proposed text amendment provided per subsection (c)(3). The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the City of Verona's Comprehensive Master Plan, particularly as evidenced by compliance with the standards of subsection (d)(2)a—c below:

a.

How does the proposed text amendment further the purposes of this title and the general article in which the amendment is proposed to be located as outlined in section 13-1-5?

b.

How does the proposed text amendment further the purposes of the specific section in which the amendment is proposed to be located?

c.

Which of the following factors has arisen that are not properly addressed in the current zoning text:

1.

The provisions of this chapter should be brought into conformity with the Comprehensive Plan (if a factor related to the proposed amendment, note pertinent portions of the Comprehensive 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.

If the proposed text amendment is concerned with the provisions of articles C and/or D: 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?

(3)

The Zoning Administrator shall forward a report to the Plan Commission for the Commission's review and use in making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.

(e)

Public Notice.

(1)

Official notification shall be written by the Zoning Administrator or designee after a confirmed complete application. The City Clerk will submit this notice to the newspaper.

(2)

Notice of the proposed amendment and the public hearing shall conform to the requirements of Wis. Stats. § 62.23(7)(d). Said notice shall contain a description of the proposed text change. In addition, at least ten (10) days before said public hearing, the City shall mail a notice to the Applicant, and to the Clerk of any municipality whose boundaries are within one thousand (1,000) feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

(f)

Review and Action by the Plan Commission. The Common Council shall not make an amendment to this chapter without allowing for a recommendation from the Plan Commission per the provisions of this article:

(1)

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within sixty (60) days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The Applicant may appear in person, by agent, and/or by attorney.

(2)

Within sixty (60) days after the public hearing (or within an extension of said period requested in writing by the Applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Common Council stating its findings regarding subsection (d), above, and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of subsection (d)(2)a—e above.

(3)

If the Plan Commission fails to make a report within sixty (60) days after the filing of said complete application (and in the absence of an Applicant-approved extension per subsection (e)(2), above), then the Common Council may hold a public hearing within thirty (30) days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per subsection (e)(1), above, shall not invalidate the proceedings or actions of the Common Council. If such a public hearing is necessary, the Common Council shall provide notice per the requirements of subsection (e)(1), above.

(4)

If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion: (1) that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in subsection (d)(2) above, after taking into consideration the proposal by the Applicant.

(g)

Review and Action by the Common Council. The Common Council shall consider the Plan Commission's recommendation regarding the proposed text amendment. The Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the Applicant. The Council may take final action on the application at the time of its initial meeting, or may continue the proceedings. The Common Council may approve the amendment as originally proposed, approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or deny approval of the proposed amendment. Any action to amend the provisions of the proposed amendment requires a majority vote of the Council. The Common Council's approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.

(h)

Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of twelve (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.

(i)

Fee. A fee is required for this procedure as set forth in the City Fee Schedule, as amended.

(Ord. No. 21-980, 5-10-21)