This article is to provide the procedure and requirements for
the review and approval, or denial, of proposed amendments to the
text or Zoning Map provisions of this chapter. Refer to the requirements
of § 62.23(7)(d)2. The Planning and Zoning Commission shall
review and recommend changes to the Village Board for final action.
Proceedings for amendment of this chapter may be initiated by
any one of the following three methods:
All applications for proposed text amendments to this chapter
shall be made to the Village Clerk, along with applicable fees, as
per the fee schedule. The complete application shall be comprised
of all of the following:
A.
Existing text. A copy of the portion of the current provisions of
this chapter which is proposed to be amended, with said provisions.
B.
Proposed text. A copy of the text which is proposed to replace the
current text.
C.
Written justifications. The applicant shall provide written justification
for the proposed text amendment, consisting of the reasons why the
applicant believes the proposed text amendment is in harmony with
the recommendation of the Village of Rothschild Master Plan and the
purpose of this chapter.
The proposed text amendment shall be reviewed by the Planning
and Zoning Commission as follows:
A.
Does the proposed text amendment further the purposes of this chapter
in promoting the public health, safety, morals, order, convenience,
prosperity or general welfare, as well as efficiency and economy in
the process of development?
B.
Which of the following factors have arisen that are not properly
addressed in the current zoning text?
(1)
The provisions of this chapter should be brought into conformity
with the Master Plan.
(2)
A change has occurred in the land market or other factors have
arisen which require a new form of development, a new type of land
use, or a new procedure to meet said change(s).
(3)
New methods of development or providing infrastructure make
it necessary to alter this chapter to meet these new factors.
(4)
Changing governmental finances require amending this chapter
in order to meet the needs of the government in terms of providing
and affording public services.
C.
How does the proposed amendment maintain the desired overall consistency
of land uses, land use intensities, and land use impacts within the
pertinent zoning districts?
D.
Do the potential public benefits of the proposed text amendment outweigh
the potential adverse impacts of the proposed text amendment?
All applications for proposed amendments to the Zoning Map shall
be made to the Village Clerk. The complete application shall be comprised
of all of the following:
A.
Map of property. A map of the subject property showing all lands
for which the zoning is proposed to be amended. The map shall clearly
indicate the current zoning of the subject property and its environs
and the jurisdiction(s) which maintains that control. The map shall
be at a scale which is not less than one inch equals 800 feet. All
lot dimensions of the subject property, graphics scale, and a North
arrow shall be provided. The Village Clerk shall compile the names
and addresses of the owners of all lands within 200 feet of the subject
property on said map as the same appear on the current tax records
of the Village of Rothschild.
B.
Location map. A map, such as the Master Plan, of the general location
of the subject property in relation to the Village as a whole.
C.
Written justifications. As a requirement, the applicant shall provide
written justification for the proposed Zoning Map amendment, consisting
of the reasons why the applicant believes the proposed Zoning Map
amendment is in harmony with the recommendation of the Village of
Rothschild Master Plan and the purpose of this chapter. Master plans,
site plans, plats, etc., may help provide the basis for justification.
The proposed amendment of the Zoning Map shall be reviewed by
the Planning and Zoning Commission as follows:
A.
How does the proposed Zoning Map amendment further the purposes of this chapter as outlined in § 590-3 and the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR), the Federal Emergency Management Agency (FEMA) or other governmental regulations?
B.
Which of the following factors have arisen that are not properly
addressed on the current Zoning Map?
(1)
The designations of the Zoning Map should be brought into conformity
with the Master Plan.
(2)
A mistake was made in mapping on the 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 Village 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 Zoning Map.
(5)
Property annexed into the Village needs to be evaluated as to
the proper zoning designation.
C.
How does the proposed amendment to the 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?
A.
Public meeting notice. The Planning and Zoning Commission shall schedule
a reasonable time and place for a public hearing.
B.
Action. The Planning and Zoning Commission may make recommendation
to the Village Board to approve, approve with conditions, or deny
the application at the time of the public hearing.
A.
Recommendation. The Planning and Zoning Commission shall forward
the minutes and recommendation to the Village Board.
B.
Failure to make recommendation. If the Planning and Zoning Commission
fails to make a recommendation within 60 days after the filing of
a complete application, then the Village Board shall hold a public
hearing within 30 days after the expiration of the sixty-day period.
Failure to receive said recommendation from the Planning and Zoning
Commission shall not invalidate the proceedings or actions of the
Village Board.
A.
Action. The Village Board shall consider the Planning and Zoning
Commission's recommendation regarding the proposed text or Zoning
Map amendment. The Village Board may request further information and/or
additional reports from the Planning and Zoning Commission and/or
the applicant. The Village Board may approve the text amendment as
originally proposed, may approve the proposed text amendment with
modifications (per the recommendations of the Planning and Zoning
Commission, authorized outside experts, or its own members) or may
deny approval of the proposed amendment. If the Village Board wishes
to make significant changes in the proposed amendment, as recommended
by the Planning and Zoning Commission, then the procedure set forth
in § 62.23(7)(d)2, Wis. Stats., shall be followed prior
to Village Board action.
B.
Written decision. When the Village Board takes action on the application,
it shall state in the minutes and/or in a subsequently issued written
decision its conclusion and any finding of facts supporting its conclusion.
Any action to amend the provisions of the proposed ordinance amendment
requires a majority vote of the Village Board. The Village Board's
approval of the proposed ordinance amendment shall be considered the
approval of a unique request and shall not be construed as precedent
for any other proposed amendments to provisions of this chapter.
