The type of notice that is given for each of the various procedures outlined in this article is dictated by the nature of the decision. Administrative decisions, such as a zoning permit, involve very little discretion. Either the proposed development meets the standards in this chapter or it does not. In contrast, there are other decisions that involve more discretion and judgment based on particular circumstances. The review of a conditional use application, for example, involves discretion on the part of those involved in making recommendations and a final determination whether the application should be approved or not. As a general rule, notice for an application is not given for administrative decisions. More notice is given when a proposed action could potentially affect other parties, including nearby property owners, other governmental bodies, and the general public. This division describes the different types of notice and related requirements.
The Village pays the costs related to the provision of notice required under this division, unless otherwise specified in the adopted fee schedule.
A. 
Generally. When required, the official responsible for processing the application shall place public notice in the official newspaper as set forth in this section.
B. 
Time requirements. A Class 1 notice shall be published one time at least seven days before the meeting or hearing. A Class 2 notice shall be published once each week for two consecutive weeks, the last one occurring at least seven days before the meeting or hearing.[1]
[1]
Editorial Note: See §§ 985.01(1m) and 985.07, Wis. Stats.
C. 
Content. The notice shall include the information listed in Exhibit 4-1.
A. 
Generally. When required, the Zoning Administrator shall mail a notice to property owners within 500 feet of the subject property involved in the application as set forth in this section. In the event an outlot associated with a certified survey map or subdivision is located within the 500-foot area and lot owners within the certified survey map or subdivision have a property interest in the outlot, each of those property owners shall also receive the notice.
B. 
Additional notice. When the applicant also owns the land adjoining the subject property involved in the application, the Administrator shall mail a notice to those property owners within 500 feet of such property.
C. 
Time requirements. The notice shall be mailed by regular mail at least 10 business days prior to the date of the meeting at which the matter will be considered.
D. 
Content. The notice shall include the information listed in Exhibit 4-1.
E. 
Source of names and addresses. The names and addresses of property owners shall be deemed to be those listed on the tax records maintained by Washington County.
F. 
Failure to receive notice. The failure of a person to receive notice as described in this section shall not invalidate or otherwise have any effect upon a public hearing or other action taken on the application.
G. 
Affidavit of mailing. The person sending the notices shall prepare an affidavit of mailing to certify that notice was provided as described in this section. Such affidavit must be kept as a public record.
A. 
Establishment of distribution list. The Village Clerk shall maintain a list of persons who submit a written request to receive notice of any proposed regulation or amendment thereof that may affect the allowable use of the person's property.
B. 
When notice is required. The body conducting the public hearing shall send a notice, which contains a copy of the proposed regulation or amendment, to each person on the distribution list whose property, the allowable use of which may be affected by the proposed regulation or amendment.
C. 
Method of distribution of notices. The notice shall be by mail or in any reasonable form that is agreed to by the person and the Village Clerk.
D. 
Establishment of charges. The Village Board may from time to time adopt a resolution establishing a processing fee that shall be charged to each person on the list who is sent a notice. The amount of such fee shall not exceed the approximate cost of providing the notice to the person.
E. 
Effect of failure to send notice. An ordinance or amendment shall take effect if the body conducting the meeting fails to send the notice as required by this section.
F. 
Affidavit of mailing. The person sending the notices shall prepare an affidavit of mailing to certify that notice was provided as described in this section. Such affidavit must be kept as a public record.
[1]
Editorial Note: See § 62.23(7)(d)(4), Wis. Stats.
When required, the body responsible for acting on the application shall place the item on its meeting agenda.
Notices shall include the information listed in Exhibit 4-1.
Exhibit 4-1
Content of Notice
Key: An "X" means that the indicated information is required.
A dash " - " means that the indicated information is not required.
Information
Public Notice
(§ 170.232)
Property Owner Notice
(§ 170.233)
Distribution List Notice
(§ 170.234)
Applicant name
X
X
X
Subject property address or other description by which the public can locate the subject property
X
X
X
Nature of the application
X
X
X
A description of the proposed project
X
X
X
Name of body or official who will consider the application
X
X
X
Date, time and location of the public hearing
X
X
X
Location where the public can view the application
X
X
X
The criteria that will be used to evaluate the proposal
-
X
-
General location map (or available from the Village Clerk during normal office hours)
X
X
-
NOTE:
1
If the proposed amendment would have the effect of changing the allowable use of any property, the notice must include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the Village Clerk.