Zoning Portal | Procedures | Rezoning

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Rezoning
Description: The Common Council may change the district boundaries (i.e., change the zoning designation of one or more properites).

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

Application fee: $775

Application deadline: 4 weeks prior to the Plan Commission meeting (normally held the second and fourth Tuesday of each month)

Forms: All application forms are posted on the City's website (Licenses & Permits).
 

General review process:
  1. Preliminary Consultation. Before submitting an application, the applicant and/or their agent may meet with staff to review applicable regulations and procedures, applicable sections of the City’s comprehensive plan, and the proposed petition.
  2. Submittal of application materials. The applicant submits an application and other required materials along with the application fee.
  3. Determination of completeness. Department staff reviews the submitted materials to determine if the application is complete. If the application is not complete, the applicant will be notified of incomplete or missing requirements.
  4. Notice to DNR. A copy of the application is sent to the Wisconsin Department of Natural Resources (DNR) via regular mail within 5 days of receiving the application if the proposed amendment relates to the C-1 Shoreland Wetland Conservancy District.
  5. Plan Commission review. The Plan Commission reviews the application and makes a recommendation to the Common Council to (i) approve the petition as requested, (ii) approve the petition with changes, or (iii) deny the petition.
  6. Notice to DNR. Department staff sends the Plan Commission's recommendation to the DNR if the proposed amendment relates to the C-1 Shoreland Wetland Conservancy District. In addition, Department staff sends a notice of the public hearing to the DNR at least 10 days before the hearing.
  7. Public notice. A public notice is published in the City's official newspaper at least once each week for two consecutive weeks, the last publication must be at least 7 days before the public hearing.
  8. Parties-in-interest notice. Department staff sends a notice of the public hearing via regular mail to parties-in-interest at least 10 days before the hearing. Parties-in-interest include (i) the applicant, (ii) the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the application, and (iii) the owners of all lands included in the application and all lands lying within 300 feet of lands includ­ed in the application. In addition, the Alderman of the district may request additional property owners be notified beyond the 300 feet.  
  9. Public hearing. The Common Council conducts a public hearing to accept public input.
  10. Common Council decision. After careful consideration of the Plan Commission’s recommendations, the Common Council makes a decision to (i) approve the petition as requested, (ii) approve the petition with changes, or (iii) deny the petition.
  11. Protest.  In the event of a protest against a district change duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent 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 three-fourths (3/4) of the Common Council member­ship present and voting on the proposed change.
  12. Notification to DNR. A copy of the decision is sent to the Wisconsin Department of Natural Resources (DNR) if the proposed amendment relates to the C-1 Shoreland Wetland Conservancy District or to the floodplain regulations in the zoning code. Any such amendment shall only become effective when approved by the DNR.
  13. Revision to zoning map. If an application to amend the zoning map is approved, an updated zoning map is prepared.

Note: This information is intended to highlight the key steps in the review procedure, and may therefore not include all of the details. Please refer to ss. 17.1201 - 17.1209 of the zoning code for a complete description of the process and related requirements.