§ 18-243. Zoning ordinance amendment.

(a)

Purpose. Pursuant to the provisions of Wis. Stats. § 62.23(7), 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 the provisions of this chapter.

(b)

Initiation of request. A proposal to amend the text of this chapter may be initiated by an application by any member of the general public, a recommendation by the plan commission, or by action of the village board.

(c)

Application. Amendment requests initiated by the general public shall be printed on an application form provided for the purpose and filed with the village clerk. Said application shall be accompanied by a fee in accordance with the village fee schedule. In addition to all information required on the application form, the petitioner shall supply the following:

(1)

A copy of the portion of the current provisions of this chapter which are proposed to be amended.

(2)

A copy of the text which is proposed to replace the current text.

(3)

Written justification for the proposed text amendment.

(4)

Any further information which may be required by the plan commission to facilitate the making of a comprehensive report to the village board.

(d)

Review by the zoning administrator.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the zoning administrator shall notify the applicant.

(2)

The zoning administrator shall review the application and evaluate whether the proposed amendment:

a.

Advances the purposes of this chapter as outlined in section 18-3.

b.

Advances the purposes of the general article in which the amendment is proposed to be located.

c.

Advances the purposes of the specific section in which the amendment is proposed to be located.

d.

Is in harmony with the recommendations of the comprehensive plan.

e.

Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.

f.

Addresses any of the following factors that may not be addressed in the current zoning text:

1.

A change in the land market, or other factors which require a new form of development, a new type of land use, or a new procedure to meet said change(s).

2.

New methods of development or types of infrastructure.

3.

Changing governmental finances to meet the needs of the government in terms of providing and affording public services.

(3)

The zoning administrator shall prepare a written report addressing subsections (2)a. through (2)f., above, and forward said report to the plan commission for the commission's review and use in making its recommendation to the village board. If the zoning administrator determines that the proposal may be in conflict with the provisions of this chapter or the comprehensive plan, the zoning administrator shall note this determination in the report.

(e)

Public hearing. Within 45 days of filing of a complete application, the plan commission shall hold a public hearing in compliance with section 18-242 to consider the request.

(f)

Review and recommendation by plan commission.

(1)

Within 60 days of the public hearing, the plan commission may make a written report to the village board and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the plan commission concerning the requirements of subsection (d)(2), above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

(2)

If the plan commission fails to make a report within 60 days after the filing of a complete application, the village board may hold a public hearing within 30 days after the expiration of said 60-day period. Failure to receive said written report from the plan commission shall not invalidate the proceedings or actions of the village board. If a public hearing is necessary, the village board shall provide notice per the requirements so section 18-242.

(g)

Review and action by village board.

(1)

The village board shall consider the plan commission's recommendation regarding the proposed amendment. The village board may request additional information and/or reports from the plan commission, zoning administrator, and/or the applicant. The board may take final action on the application at the time of its initial meeting, or may continue the proceedings.

(2)

The village board may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment.

(3)

Any action to amend the provisions of the proposed amendment requires a majority vote of the board. The village board'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.

(4)

If the village board wishes to make significant changes in the proposed text amendment, as recommended by the plan commission, then the procedure set forth in Wis. Stats. § 62.23(7)(d) shall be followed prior to board action.

(h)

Effect of denial. No petition which has been denied (either wholly or in part) 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.

(Ord. No. 090412-02, § 1, 9-4-2012)