Zoning Code | Permit Center | Code Amendment

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Code Amendment
Description: From time to time, it may be necessary or desirable to amend the text of the zoning code and the zoning map. Procedures and requirements are found in Article 5 of the zoning code.
Initiation: Any of the following may submit an application to amend the zoning code: (1) a property owner in the area to be affected by the proposed amendment, (2) the zoning administrator, (3) the Planning Commission, (4) the Zoning Board of Appeals, (5) the Mayor, and (6) the Common Council.​

Decision-maker(s): The Planning Commission makes a recommendation and the Common Council makes the final decision.

Application fee: $300

Application deadline: The filing deadline is three weeks prior to the meeting in which you wish to appear. Please consult the annual Planning Commission schedule for specific dates.

Review procedures:
  1. Submittal of application materials. The applicant shall submit a complete application to the zoning administrator along with the application fee as may be established by the Common Council.
  2. Distribution to Department of Natural Resources. If the proposed amendment would revise floodplain or shoreland-wetland regulations in this chapter, the zoning administrator shall send a copy of the application to the regional office of the Wisconsin Department of Natural Resources within 5 work days of receipt.
  3. Staff review. Within 30 calendar days of submittal, the zoning administrator shall either schedule a date for the public hearing with the Planning Commission if the application is deemed complete or make a determination that the application is incomplete and notify the applicant of the deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
  4. Special notice to airport. If the application is for any change in an airport affected area, as defined in s. 62.23(6)(am)1.b., Wis. Stats., the zoning administrator shall mail a copy of the notice by regular mail to the owner or operator of the airport bordered by the airport affected area.
  5. Special notice to specified municipalities. At least 10 calendar days prior to the date of the public hearing, the zoning administrator shall give notice of the proposed amendment to the clerk of any municipality whose boundary are within 1,000 feet of any lands included in the proposed amendment.
  6. Special notice to Department of Natural Resources. If the proposed amendment would revise the floodplain regulations in this chapter, the zoning administrator shall send 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.
  7. General notice by type of application. If a proposed amendment would revise the text of this chapter, the zoning administrator shall provide for class 2 public notice, distribution list notice, and meeting agenda notice consistent with Division 2 of Article 4. If a property owner initiates a proposed amendment that would revise the zoning map, the zoning administrator shall provide for class 2 public notice, property owner notice, distribution list notice, and meeting agenda notice consistent with Division 2 of Article 4. If the City initiates a proposed amendment that would revise the zoning map, the zoning administrator shall provide for class 2 public notice, distribution list notice, and meeting agenda notice consistent with Division 2 of Article 4.
  8. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Planning Commission and Common Council, the applicant, and any other interested person upon request.
  9. Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing to review the application consistent with Division 3 of Article 4. Prior to the close of the public hearing, the applicant or the Planning Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Planning Commission may direct the zoning administrator, the city engineer, and/or city attorney to conduct additional research and to prepare such documents it deems necessary, including a preliminary decision document.
  10. Recommendation. After considering the public comments received at the public hearing and the staff report, the Planning Commission, no more than 40 calendar days after the public hearing, shall make a recommendation to the Common Council based on the decision criteria contained in this division to (i) approve the amendment, (ii) approve the amendment with conditions, or (iii) deny the amendment.
  11. General notice. Consistent with Division 2 of Article 4, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
  12. Common Council meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
  13. Decision. The Common Council after considering the Planning Commission’s recommendation shall make a decision based on the decision criteria contained in this division to (i) approve the amendment, (ii) approve the amendment with conditions, or (iii) deny the amendment.
  14. Required vote with a protest by qualified property owners. Pior to January 1, 2019, an amendment to the zoning map may not become effective except upon a favorable vote of three-quarters of the Common Council members voting on the proposed change when (i) those owning 20 percent or more of the land area within the proposed map amendment file a written protest, (ii) those owning 20 percent or more of the land area within 100 feet of the proposed map amendment file a written protest, or (iii) those owning 20 percent or more of the land directly opposite of the proposed map amendment but within 100 feet of the street frontage file a written protest.
  15. Required vote with protest of airport. If a proposed amendment would make any change in an airport affected area, as defined under s. 62.23(6)(am)1.b., Wis. Stats., and the owner or operator of the airport bordered by the airport affected area files a protest against the proposed amendment, no ordinance which makes such change may be approved except by the affirmative vote of two-thirds of the members of the Common Council present and voting.
  16. Preparation of decision document. If the Common Council approves the proposed amendment, the zoning administrator shall prepare a final ordinance.
  17. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
  18. Notification to Department of Natural Resources. If the proposed amendment is approved and modifies the floodplain regulations in this chapter, the zoning administrator shall mail a copy of the ordinance to the regional office of the Wisconsin Department of Natural Resources within 10 calendar days of the date of decision.
  19. 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 Division 1 of Article 6. 
Application Materials
document icon Code Amendment Application