From time to time, it may be necessary or desirable to amend the text of this chapter and the Zoning Map. This division describes the procedures and requirements to amend this chapter and the Zoning Map.
Any of the following may submit an application to amend the text of this chapter or the Zoning Map:
A. 
A property owner in the area to be affected by the proposed amendment;
B. 
The Zoning Administrator;
C. 
The Plan Commission;
D. 
The Zoning Board of Appeals; and
E. 
The Village Board.
The general steps outlined below shall be used to amend the text of this chapter and the Zoning Map.
A. 
Submittal of application materials. The applicant submits a complete application to the Zoning Administrator along with the application fee as may be established by the Village Board.
B. 
Distribution to Department of Natural Resources. If the proposed amendment would revise floodplain or shoreland-wetland regulations in this chapter, the Zoning Administrator sends a copy of the application to the regional office of the Wisconsin Department of Natural Resources within five workdays of receipt.
C. 
Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
D. 
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.
E. 
Special notice to specified municipalities. At least 10 calendar days prior to the date of the public hearing, the Zoning Administrator gives notice of the proposed amendment to the clerk of any municipality whose boundary is within 1,000 feet of any lands included in the proposed amendment.
F. 
Special notice to Department of Natural Resources. If the proposed amendment would revise the floodplain regulations in this chapter, the Zoning Administrator sends a copy of the public hearing notice to the regional office of the Wisconsin Department of Natural Resources at least 10 calendar days before the date of the public hearing.[2]
[2]
Editorial Note: See Ch. NR 116.20(2)(c) and Ch. NR 117, Wis. Admin. Code.
G. 
General notice by type of application.
(1) 
If a proposed amendment would revise the text of this chapter, the Zoning Administrator provides for:
(a) 
A Class 2 public notice;
(b) 
Distribution list notice; and
(c) 
Meeting agenda notice consistent with Division 2 of Article 4.
(2) 
If a property owner initiates a proposed amendment that would revise the Zoning Map, the Zoning Administrator provides for:
(a) 
Class 2 public notice;
(b) 
Property owner notice;
(c) 
Distribution list notice; and
(d) 
Meeting agenda notice consistent with Division 2 of Article 4.
(3) 
If the Village initiates a proposed amendment that would revise the Zoning Map, the Zoning Administrator provides for:
(a) 
Class 2 public notice;
(b) 
Distribution list notice; and
(c) 
Meeting agenda notice consistent with Division 2 of Article 4.
H. 
Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.
I. 
Public hearing. Allowing for proper notice, the Village Board and Plan Commission conduct a joint public hearing to review the application consistent with Division 3 of Article 4, with the Village President serving as the presiding officer. Prior to the close of the public hearing, the applicant, Village Board, or the Plan Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Village Board and/or Plan Commission may direct the Zoning Administrator, the Village Engineer, and/or Village Attorney to conduct additional research and to prepare such documents it deems necessary, including a preliminary decision document.
J. 
Plan Commission recommendation. After considering the public comments received at the public hearing and the staff report, if any, the Plan Commission makes a recommendation to the Village Board based on the decision criteria in this division to i) approve the amendment, ii) approve the amendment with conditions, or iii) deny the amendment.
K. 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Village Board.
L. 
Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.
M. 
Decision. The Village Board after considering the Plan Commission's recommendation makes a decision based on the decision criteria in this division to i) approve the amendment, ii) approve the amendment with conditions, or iii) deny the amendment.
N. 
Required vote with downzoning. An amendment must be approved by at least two-thirds of the members elect if the amendment would decrease the development density of the land to be less dense than was allowed under its previous usage or that would reduce the number of permitted uses of the land to fewer uses than were allowed under its previous usage. If a person requests or agrees to such downzoning, the ordinance may be enacted by a simple majority of the members elect.[3]
[3]
Editorial Note: See § 66.10015(3), Wis. Stats.
O. 
Required vote with a protest by qualified property owners. Prior to January 1, 2019, an amendment to the Zoning Map may not become effective except upon a favorable vote of 80% of the Village Board members voting on the proposed change when i) those owning 20% or more of the land area within the proposed map amendment file a written protest, ii) those owning 20% or more of the land area within 100 feet of the proposed map amendment file a written protest, or iii) those owning 20% or more of the land directly opposite of the proposed map amendment but within 100 feet of the street frontage file a written protest.[4]
[4]
Editorial Note: See § 62.23(7)(d)(2m)(a), Wis. Stats.
P. 
Preparation of decision document. If the Village Board approves the proposed amendment, the Zoning Administrator prepares a final ordinance.
Q. 
Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
R. 
Notification to Department of Natural Resources. If the proposed amendment is approved and modifies the floodplain regulations in this chapter, the Zoning Administrator sends a copy of the ordinance to the regional office of the Wisconsin Department of Natural Resources via regular mail and/or email within 10 calendar days of the date of decision.
S. 
Preparation of new Zoning Map. If the proposed amendment is approved and modifies the Zoning Map, the Zoning Administrator shall cause a new Zoning Map to be prepared consistent with Article 6.
[1]
Editorial Note: See § 62.23(7)(d), Wis. Stats.
A. 
Generally. An adopted ordinance shall take effect as prescribed in state law.
B. 
Exceptions. An amendment involving floodplain regulations shall not become effective until it is reviewed and approved by the regional office of the Wisconsin Department of Natural Resources. An amendment that modifies official floodplain Zoning Maps, floodway lines, or water surface profiles shall not become effective until it is reviewed and approved by the Federal Emergency Management Agency.
A. 
Text amendment. If a proposed amendment would revise the text of this chapter, the Plan Commission, in making its recommendation, and the Village Board, in making its decision, shall consider the following factors:
(1) 
Whether the amendment is consistent with the Village's Comprehensive Plan;
(2) 
Whether the amendment is consistent with other planning documents adopted by the Village Board;
(3) 
Whether this chapter with the amendment is internally consistent;
(4) 
Whether the amendment is the least restrictive approach to address issues of public health, safety, and welfare;
(5) 
The extent to which the text amendment will likely create new nonconforming uses and structures;
(6) 
If the proposed amendment relates to floodplain regulations, whether the chapter as amended complies with §§ 62.23 and 87.30, Wis. Stats., Ch. NR 116, Wis. Admin. Code, and other state laws;
(7) 
If the proposed amendment relates to shoreland-wetland regulations, whether the chapter as amended complies with § 62.231, Wis. Stats.; Ch. NR 117, Wis. Admin. Code; and other state laws;
(8) 
Whether the proposed amendment is needed to comply with a new or revised state or federal law; and
(9) 
Any other factor not specifically or generally listed, but deemed appropriate by the Plan Commission or Village Board given the particular circumstances.
B. 
Zoning Map amendment. If a proposed amendment would revise the Zoning Map, the Plan Commission, in making its recommendation, and the Village Board, in making its decision, shall consider the following factors:
(1) 
Whether the amendment is consistent with the Village's Comprehensive Plan, including future land use maps or similar maps;
(2) 
Whether the amendment is consistent with other planning documents adopted by the Village Board;
(3) 
The extent to which the amendment will or will likely increase or decrease the number of nonconforming uses and structures; and
(4) 
Any other factor not specifically or generally listed, but deemed appropriate by the Plan Commission or Village Board given the particular circumstances.
C. 
Special review criteria for amendments to the Shoreland-Wetland Overlay District boundary. To ensure this chapter remains consistent with the shoreland protection objectives of § 144.26, Wis. Stats., the Village Board shall not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
(1) 
Storm- and floodwater storage capacity;
(2) 
Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
(3) 
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4) 
Shoreline protection against erosion;
(5) 
Fish spawning, breeding, nursery, or feeding grounds;
(6) 
Wildlife habitat; or
(7) 
Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.
A. 
Generally. The Plan Commission may recommend and the Village Board may impose one or more conditions of approval as may be necessary to grant approval.
B. 
Mandatory conditions of approval relating to certain existing land uses. If a proposed amendment would revise the Zoning Map and is initiated by a property owner and the subject property hosts a land use that at the time of application is not permitted in the proposed zoning district, such use shall be removed as a condition of approval. If the subject property hosts a land use that at the time of application is classified as a conditional use in the proposed zoning district, the property owner shall as a condition of approval submit a conditional use application and obtain approval for that land use or, if conditional use approval is not granted, remove such use.
A. 
Landowner-initiated map amendment. An application for a landowner-initiated Zoning Map amendment shall include the following:
(1) 
An application form as may be used by the Village;
(2) 
A project map prepared at an appropriate scale depicting the information listed in Appendix F;[1] and
[1]
Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.
(3) 
Other supporting information the applicant deems appropriate.
(4) 
Fee as established by the Village Board.
B. 
Other amendments. For all other types of amendments, the application shall include the following:
(1) 
An application form as may be used by the Village; and
(2) 
Other supporting information the applicant deems appropriate.
(3) 
Fee as established by the Village Board.
The staff report should include the following:
A. 
Preliminary findings for the decision criteria listed in this division;
B. 
Proposed revisions, if appropriate; and
C. 
Other information deemed necessary.
An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.