(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 the Official Zoning Map (see sections 13-1-82 and 13-1-223). (Refer to the requirements of Wis. Stats. § 62.23(7)(d).)

(b)

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

(1)

An application of the owner(s) of the subject property;

(2)

A recommendation of the Plan Commission; or

(3)

By action of the Common Council.

(c)

Application Requirements. All applications for proposed amendments to the Official Zoning Map, regardless of the party of their initiation per subsection (b) above, shall be filed in the office of the Zoning Administrator, and 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 amendment to the Official Zoning Map 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 chapter. 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 map amendment provided in the application per subsection (c)(3), above. 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.

Which of the following factors has arisen that are not properly addressed on the current Official Zoning Map?

1.

The designations of the Official Zoning Map should be brought into conformity with the Comprehensive Plan;

2.

A mistake was made in mapping on the Official 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 City 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 Official Zoning Map.

b.

How does the proposed amendment to the Official 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?

(3)

The Zoning Administrator shall forward a report to the Plan Commission for their review and use in the making its recommendation to the Common Council. The Zoning Administrator shall note any points of conflict with the above findings and the Comprehensive Master Plan in their 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 subject property and the proposed change in zoning. In addition, at least ten (10) days before said public hearing, the City shall mail a notice to the Applicant; to all property owners within a two hundred and fifty (250) foot radius of the boundaries of the subject property; 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.

(3)

The City will place a sign on the subject property providing notice of the public hearing per section 13-1-211(b).

(f)

Review and Action by the Plan Commission.

(1)

The Common Council shall not make an amendment to the Official Zoning Map without allowing for a recommendation from the Plan Commission per the provisions of this subsection.

(2)

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within sixty (60) days of 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.

(3)

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), Staff to 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 subsections (d)(2)a—c above.

(4)

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)(3), above), then the Common Council may hold a public hearing within thirty (30) days after the expiration of said sixty (60) day period. Failure to receive said written report from the Plan Commission per subsection (e)(2), 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)(2), above.

(5)

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 that the proposed amendment satisfies the standards of this section.

(g)

Review and Action by the Common Council. The Common Council shall consider the Plan Commission's recommendation regarding the proposed amendment to the Official Zoning Map. The Council may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, and/or the Applicant. The Council may take final action on the application to the Official Zoning Map at the time of its initial meeting, may continue the proceedings, may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment. Any action to amend the Official Zoning Map 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 three (3) 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)