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Village of Fredonia, WI
Ozaukee County
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Table of Contents
Table of Contents
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Village Board may, by ordinance, change the district boundaries established by this chapter and the Zoning Map incorporated herein, or amend, change or supplement the text of the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Planning Commission.
The Village Board, the Planning Commission, the Zoning Board of Appeals and other government bodies and any private petitioners may apply for an amendment to the text of this chapter to the district boundaries hereby established or by amendments hereto in the accompanying Zoning Map made a part of this chapter by reference.
[Amended 6-2-2016 by Ord. No. 2016-04]
A. 
Request for changes. Petitions for any change to the district boundaries and map(s) or amendments to the text regulations shall be addressed to the Village Board and shall be filed with the Zoning Administrator, describe the premises to be rezoned or the portions or text of regulations to be amended, list the reasons to justify the petition, specify the proposed use, if applicable and have attached the following, if petition be for change of district boundaries:
(1) 
Plot plan, drawn to a scale of one inch equals 100 feet, showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.
(2) 
Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.
(3) 
Additional information as may be required by the Planning Commission or Village Board.
B. 
Recommendations. The Village Board or the Village Clerk shall cause the petition to be forwarded to the Planning Commission for its consideration and recommendation. The Planning Commission shall review all proposed amendments to the text and Zoning Map(s) within the corporate limits and shall recommend, in writing, that the petition be granted as requested, modified or denied. A recording of the recommendation in the Planning Commission's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the Commission may, on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).
[Amended 11-17-2022 by Ord. No. 2022-6]
C. 
Hearings.
(1) 
The Planning Commission shall schedule a public hearing upon each proposed change or amendment to be held at a future meeting date. Once scheduled, notice shall be given of the time, place and the change or amendment proposed by publication of a Class 2 notice, under Ch. 985, Wis. Stats. At least 10 days prior, written notice shall also be given to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendments. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
(2) 
The Village Board may delegate to the Village Planning Commission the responsibility to hold public hearings as required under this section.
D. 
Board's action. Following such hearing and after consideration of the Planning Commission's recommendation, the Village Board shall vote on the proposed ordinance effecting the proposed change or amendment.
E. 
Fee. The fee for a rezoning shall be paid upon filing in accordance with the Village Board's adopted fee schedule.
A. 
In the event of a protest against amendment to the Zoning Map, duly signed and acknowledged by the owners of 20% or more, either of the areas of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the full Village Board membership.
B. 
In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20% of the number of persons casting ballots in the last general election, it shall cause a 3/4 vote of the full Village Board membership to adopt such amendment.