This chapter and each ordinance amending it
shall be adopted by the Village Board in accordance with the provisions
of this chapter.
Following adoption by the Village Board, this
chapter and any ordinance amending it shall become effective upon
publication or posting, as provided by law, or at such later date
as may be specified in such ordinance.
Except as exempted by law, and except as otherwise
specifically provided in this chapter, the provisions of this chapter
shall apply to any use of land and any related use of water or air,
and to any development of land and any development-related physical
disturbance of land, and to any construction, installation, use, expansion
or alteration of any building or structure within the Village of Pleasant
Prairie.
Except as otherwise specifically provided in
this chapter or in any ordinance amending this chapter, the provisions
of such ordinance shall not apply to any project for which a valid
building permit is issued prior to the effective date of such ordinance
if the conditions and other requirements relating to such permit are
satisfied; provided, however, that such ordinance shall apply to any
request for an extension of such permit, and further provided that
this section shall not prevent such project from being a nonconforming
use or nonconforming structure as a result of such ordinance.
Neither this chapter nor any ordinance amending
this chapter is intended to repeal, abrogate, annul, impair or interfere
with any existing easement, covenant, deed restriction or agreement.
Whenever this chapter or any ordinance amending this chapter imposes
greater restrictions or burdens, however, the provisions of such ordinance
shall govern except as otherwise specifically provided.
The provisions of this chapter shall be interpreted to be minimum requirements and shall be liberally construed in favor of the Village. This chapter shall not be deemed to constitute a limitation on any powers granted to the Village by the Wisconsin Statutes. Headings are provided in this chapter for convenience and ease of reference only, and they shall not be used to interpret the purpose, effect, or meaning of any provision of this chapter. The words and phrases that are defined in Article XXI of this chapter shall have the meaning stated in their definitions. Undefined words or phrases shall have their common, ordinary meanings unless a specialized meaning is clearly suggested by the particular use of the word or phrase or the context in which it appears. As used in this chapter, "shall" is mandatory and "may" is permissive; however, the phrases "shall not" and "may not" are synonymous and prohibitory. Singular words shall be understood to include the plural and vice versa. Words used in the present tense shall be understood to include the future tense and vice versa. Words of a particular gender shall be understood to include all genders. This chapter is not intended to abrogate, annul, impair or interfere with the legal rights of any individuals or other persons guaranteed by the state or federal constitutions, statutes or administrative rules, and shall be so interpreted.
In the event that any section, subsection or
provision of this chapter is adjudged to be unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this chapter
shall be deemed to be severable, shall not be affected by such judgment
and shall remain in full force and effect.
In the event that any administrative decision,
determination or order made pursuant to this chapter with respect
to a particular set of facts and circumstances is determined or adjudged
to be unconstitutional or invalid by the Village Zoning Board of Appeals
or by a court of competent jurisdiction, such decision or judgment
shall not be deemed to be applicable to any other facts or circumstances.
The Village makes no guaranties, warranties
or representations of any kind by or as a result of adopting this
chapter. Particularly, and without limitation, the Village does not
guarantee, warrant or represent that any land in the Village is suitable
for any type of use or development or that only those areas designated
as floodplain areas are subject to periodic inundation. Consequently,
the Village hereby asserts that there is no liability on the part
of the Village, its agencies, employees or agents for any flood damage,
sanitation problems, or structural or other damages that may occur
despite or as a result of reliance upon or conformance with this chapter.
[Amended 9-5-2006 by Ord. No. 06-42]
A.
Zoning Maps. Boundaries of the official Village zoning districts established and referenced in this chapter, including floodplain zoning maps referenced in § 420-131 of this chapter are shown on a series of maps adopted by the Village Board on September 5, 2006, by Ord. No. 06-42. These maps accompany and are made a part of this chapter by reference. This chapter hereby incorporates any changes that may be adopted by ordinance that are on file with the Village Zoning Administrator and posted under "Public Documents" online with the Village Code of Ordinances. The Zoning Maps, including amendments thereto, are available to the public for viewing with the Community Development Department and further may be published online.
[Amended 7-20-2020 by Ord. No. 20-26]
A.
Intent. While stability of zoning within the Village
is generally desirable, zoning is by no means static. It is the intent
of this section to recognize that changed or changing conditions may
require a change in the zoning maps or the text of this chapter and
that no person has a right to an unchanged zoning classification or
to unchanged provisions of this chapter. It is the policy of the Village
Board generally not to zone land for development in the absence of
an approved plan of development, and the Village Board reserves its
right, without limitation, to condition an amendment of this chapter
upon the owner timely proceeding to implement an approved development
plan or to downzone land when it becomes apparent that an approved
plan of development will not be acted upon in a timely fashion.
B.
Authority and limitations. Whenever the public necessity,
convenience or general welfare requires, the Village Board may, in
its discretion, amend any part of this chapter by ordinance. Such
amendments may include changes in the zoning district classification,
changes in zoning district boundaries, and/or changes in the text
of this chapter. Such amendments shall be enacted in accordance with
the applicable provisions of the Wisconsin Statutes and this chapter.
Amendments may also be made upon a showing of a mistake or error on
the part of the Village.
C.
Initiation. A petition for amendment of this chapter
may be made by any owner of real property in the Village affected
by the proposed amendment or by such owner's agent. Without filing
a petition for an amendment, any member of the Village Plan Commission
or Village Board may initiate consideration of an amendment of this
chapter by making a resolution which is adopted by such body.
D.
Petition for amendment. A petition for any amendment
of this chapter shall be filed with the Village Zoning Administrator
on forms furnished by the Community Development Department.
(1)
A petition for the amendment of zoning district boundaries
or for an amendment of the zoning district classification of real
property shall include, at a minimum, the following information (provided,
however, that the Village Zoning Administrator shall have authority
to waive the submission of any information in the possession of the
Village or not deemed necessary for the processing of the application):
(a)
Name, address and telephone number of the applicant,
and of the owner of the affected real property if the applicant is
not the owner, and of any authorized agent, architect, professional
engineer, contractor or other person who will be involved in the processing
of the petition;
(b)
Legal description and street address of the
affected real property [i.e., of the affected tax key parcel(s)] and
legal description of the area proposed to be rezoned if less than
the affected real property;
(c)
Existing zoning district;
(d)
Proposed zoning district;
(e)
Existing use(s) of the area to be rezoned;
(f)
Proposed use(s) of the area to be rezoned (with
respect to any proposed use that requires new construction, substantial
alteration of existing buildings or structures, or substantial movements
of earth, include a detailed narrative statement explaining and describing
the proposed development activities, including the nature and purpose
of the proposed development activities, the number, size and use of
buildings or other significant structures or features, the type of
proposed construction, whether existing buildings or structures will
be retained, and required public improvements);
(g)
Compatibility of the proposed amendment with
the Village's Comprehensive Plan, approved neighborhood plan(s) and/or
approved conceptual plan;
(h)
Compatibility of the proposed zoning and use
with the zoning and use of neighboring properties;
(i)
Survey plat or scaled site plan or scaled aerial
photograph of the affected real property and its environs showing
the boundaries of the affected real property, the boundaries of the
area to be rezoned, the location, type and use of existing and proposed
buildings and significant structures on the affected real property
and on neighboring properties within 300 feet of the affected real
property (even if the area to be rezoned is smaller than the affected
real property), the existing and proposed zoning classifications on
the affected real property and the neighboring properties within such
three-hundred-foot area and significant man-made or natural features
within such three-hundred-foot area, such as streets and highways,
sewer, water and drainage facilities, navigable waters, wetlands,
drainage courses and patterns, and wooded areas;
(j)
Documentation of the applicant's ownership interest
in the real property affected by the proposed amendment and, if applicable,
the applicant's status as the owner's agent;
(k)
Additional information relating to amendments
with respect to particular zoning districts, as required by other
provisions of this chapter or by state or federal statutes or regulations;
(l)
Any additional information requested by the
Village Zoning Administrator, the Village Plan Commission or the Village
Board; and
(2)
A petition for the amendment of the text of this chapter
shall include, at a minimum, the following:
(a)
The text of the proposed amendment;
(b)
A specific statement explaining why the petitioner
desires the adoption of the proposed text amendment and how the proposed
amendment will benefit the petitioner's real property or use thereof;
(c)
A detailed statement of the potential impact
of the proposed text amendment on other property owners or users;
(d)
Any additional information requested by the
Village Zoning Administrator, the Village Plan Commission or the Village
Board; and
E.
Resolution for proposed amendment. The Zoning Administrator
shall draft or oversee the drafting of any amendments to this chapter
proposed by resolution of the Village Plan Commission or Village Board
or proposed by but not included in a petition for amendment.
F.
Review and approval.
(1)
Prior to filing any petition for amendment of this
chapter, the applicant shall schedule and participate in a conference
with the Zoning Administrator or the Zoning Administrator's designee
regarding the proposed amendment and the requirements for such an
amendment.
(2)
After receipt of a complete petition for any amendment
of this chapter, or after drafting any amendment proposed by resolution
of the Plan Commission or Village Board, the Zoning Administrator
shall promptly submit the petition and/or drafted amendment and related
materials to the Village Plan Commission by written communication,
with a copy of such written communication to the Village Board, and
shall place the matter on the agenda of the Plan Commission for a
public hearing and recommendation and report to the Village Board.
The sixty-day period referred to in § 62.23(7)(d), Wis.
Stats., after which the Village Board may proceed without a recommendation
of the Plan Commission, shall begin on the day following such submission
of the petition or drafted amendment to the Plan Commission.
(3)
Notice of the public hearing on any petition for amendment or on any amendment proposed by resolution of the Plan Commission or Village Board shall be published as a Class 2 notice pursuant to Ch. 985, Wis. Stats. (See exception in Chapter 1, Article III, entitled "Publication and Posting of Notices," of the Village Code.) In addition, written notice of the public hearing shall be mailed to the last known address of the owners of all real property within 300 feet of the exterior boundaries of the real property affected by any proposed amendment of the zoning district classification of real property or any proposed amendment of the boundaries of any zoning district (even if the area to be rezoned is smaller) and to parties in interest as defined in this chapter. Failure to give or nonreceipt of such actual notice by any property owner or other party in interest shall not invalidate any action taken by the Plan Commission or the Village Board. For good cause shown, the petitioner may request the Plan Commission to postpone or adjourn the public hearing. The Plan Commission may, for good cause shown, postpone or adjourn a public hearing on its own motion. No further publication or mailing of notice shall be required if notice of the date, time and location of the postponed or adjourned hearing is publicly announced at the place and approximate time of the scheduled public hearing.
[Amended 7-20-2020 by Ord. No. 20-26]
(4)
Additional notice requirements. The Zoning Administrator
shall give at least 10 days' prior written notice of the public hearing
on a proposed amendment to the clerk of any municipality whose boundaries
are contiguous with the Village's and within 1,000 feet of the boundaries
of the area to be rezoned, as required in § 62.23(7)(d)1a,
Wis. Stats. Failure to give or nonreceipt of such actual notice by
any property owner or other party in interest shall not invalidate
any action taken by the Plan Commission or the Village Board. For
good cause shown, the petitioner may request the Plan Commission to
postpone or adjourn the public hearing. The Zoning Administrator shall
give any other actual notice of a public hearing required by any other
provision of this chapter or by state or federal statute or regulation.
(5)
Upon completion of the public hearing and consideration
of any proposed amendment of this chapter, the Plan Commission shall
make a recommendation and report to the Village Board relating to
the proposed amendment. Any substantial changes in the proposed amendment
not covered by the published notice of the public hearing or not a
subject of discussion at the public hearing shall require a new public
hearing and recommendation and report by the Plan Commission.
(6)
Upon receipt of the Plan Commission recommendation
and report, the Village Board may: adopt the amendment as proposed,
deny the proposed amendment, or refer the proposed amendment to staff
and/or the Plan Commission for further review, study and/or drafting
in light of expressed concerns and/or requested changes. The Village
Board may also adopt a proposed amendment with minor changes, or with
substantial changes provided that any such substantial changes were
covered by the published notice of the public hearing and were a subject
of discussions at the public hearing.
(7)
Approval of a down zoning ordinance. Pursuant to 66.10015 (3), Wis.
Stats., the Village may enact a down zoning ordinance only if the
ordinance is approved by at least two-thirds of the Village Board
members, except that if the down zoning ordinance is requested, or
agreed to, by the person who owns the land affected by the proposed
ordinance, then the ordinance may be enacted by a simple majority
of the Village Board. A down zoning ordinance means a zoning ordinance
that affects an area of land in one of the following ways:
(a)
By decreasing the development density of the land to be less
dense than was allowed under its previous usage; or
(b)
By reducing the permitted uses of the land that are specified
in this zoning ordinance or other land use regulations to fewer uses
than were allowed under its previous usage.
[Added 7-17-2017 by Ord.
No. 17-30]
G.
Protest.
(1)
If one or more protests are filed with the Village
Clerk at least 24 hours prior to the scheduled date and time of the
meeting of the Village Board, or if the day before the meeting is
a holiday or a weekend then said protest shall be filed by 5:00 p.m.
of the last working day prior to the day at which adoption of a proposed
amendment to this chapter is scheduled to be considered, and such
protest(s) is (are) determined to be valid and sufficient, individually
or in the aggregate, then such amendment shall not be adopted except
by the favorable vote of 3/4 of the members of the Village Board voting
on the proposed amendment.
(2)
To be valid and sufficient, one or more protests must be timely filed and must be duly signed and acknowledged, in accordance with the requirements of this Subsection G, by the owners of 20% or more of the area of the land proposed to be rezoned, or by the owners of 20% or more of the area of land immediately adjacent to the land proposed to be rezoned and extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite the land to be rezoned and extending 100 feet from the street frontage of such opposite land, and said protest(s) shall have original signatures; photocopied signatures, emailed signatures or faxed signatures are not valid. Further, each protester shall state in the protest:
[Amended 7-20-2020 by Ord. No. 20-26]
(a)
Whether the protestor is protesting as an owner
of the land proposed to be rezoned, as an owner of adjacent land,
and/or as an owner of opposite land;
(b)
The tax key parcel number(s) and street address(es)
of the protester's land that provided the basis for the protest; and
(c)
Whether the protester is the sole owner of such
land and, if not, the protester's percentage of ownership of such
land.
(3)
Additionally, if the protestor's ownership interest
is not of record, the protestor shall attach to the protest a copy
of the deed or other instrument on the basis of which the protester
claims to be an owner.
(4)
The Village Board's vote on the proposed amendment
may be deferred until the Village Clerk is able to determine the validity
and sufficiency of the protest(s), or the Village Board may proceed
to vote, with the outcome to abide the Clerk's determination as to
the effect of the protest(s). Any and all protests determined to be
invalid or insufficient may be disregarded.
[1]
Editor's Note: Former § 420-14, Amendments to Agricultural
Preservation Districts, as amended, was repealed 4-7-2014 by Ord.
No. 14-06.
Except as otherwise specifically provided in
this section, whenever any area which has been subject to the Kenosha
County General Zoning/Floodplain and Shoreland Zoning Ordinance becomes
part of the Village, the regulations imposed by the County Zoning
Ordinance shall continue to be in effect, without change, and shall
be enforced by the Village until such regulations have been changed
by official action of the Village Board, except that in the event
an annexation ordinance is contested in the courts, the County Zoning
Ordinance shall continue to control and the County shall continue
to have jurisdiction over the area affected until such time as the
annexation ordinance is finally determined not to be invalid as a
result of such challenge, and except that the general zoning classification
of all land coming within the jurisdiction of this chapter shall automatically
be A-2 General Agricultural District (except areas zoned FPO Floodplain
Overlay District, C-1 Lowland Resource Conservancy District, or C-2
Upland Resource Conservancy District), unless and until the Village
Board affirmatively acts to change the zoning classification of such
land.
