Zoning Code | Procedures | Code Amendment / Rezoning

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Code Amendment / Rezoning
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 Chapter 17.51 of the zoning code.

Initiation: Three parties may leagally rezone property in the Village: the owner may petition the Board, the Plan Commission may initiate the process and finally, the Board itself may rezone property as deemed appropriate. 

Decision-maker(s): The Plan Commission makes a recommendation to the Village Board. The Village Board makes the final decision

Review process:
  1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures, applicable sections of the Village’s comprehensive plan, and the proposed project.
  2. Submittal of application materials. The applicant submits an application and other required materials to the Zoning Administrator along with the application fee as established by the Village Board.
  3. Determination of completeness. The Zoning Administrator reviews the submitted materials to determine if the application is complete. If the application is not complete, the Zoning Administrator will notify the applicant of incomplete or missing requirements.
  4. Public notice. The Zoning Administrator publishes a public notice in the local newspaper; two times in different weeks.
  5. Property owner notice. The Zoning Administrator sends a notice to the owners or occupants of the properties lying within the Village of Germantown and 1,000 feet outward from the exterior boundary of the area proposed to be rezoned and any undeveloped parcels greater than 10 acres abutting the area to be rezoned. 
  6. Notice to specified municipalities. The Zoning Administrator sends a notice to the clerk of any municipality within 1,000 feet of the Village’s municipal boundary if the application is for a text amendment or if the application is to change the zoning designation of a property located within 1,000 feet of the Village’s municipal boundary (at least 10 days before the hearing).
  7. Notice to DNR. The Zoning Administrator sends a notice to the regional office of the DNR if the amendment relates to floodplain regulations (at least 10 days before the hearing).
  8. Staff report. The Zoning Administrator prepares a staff report and provides a copy to each member of the Plan Commission and Village Board, the applicant, and posts a copy on the Village website.
  9. Plan Commission public hearing. The Plan Commission conducts a public hearing within 45 days of the date the application is deemed complete.
  10. Plan Commission recommendation. The Plan Commission makes a recommendation to the Village Board within 60 days of the date the application is deemed complete. If the Plan Commission does not make a recommendation within the above-mentioned 60-day period, the Village Board shall then hold a period within 30 days after the expiration of the 60-day period.
  11. Preparation of draft ordinance. The Zoning Administrator prepares a draft ordinance if the Plan Commission supports the amendment.
  12. Village Board decision. The Village Board makes a decision based on the decision criteria to (1) approve the amendment, (2) approve the amendment with conditions, or (3) deny the amendment.
  13. Final decision document. The Zoning Administrator prepares a decision document as approved by the Village Board.
  14. Written decision sent to applicant. The Zoning Administrator sends a copy of the decision to the applicant.
  15. Notification to DNR. The Zoning Administrator sends a copy of the decision to the regional office of the DNR if the amendment relates to floodplain regulations or shoreland-wetland regulations (within 10 days of decision).
  16. Revision to zoning map. If an application to amend the zoning map is approved, the zoning map is updated.
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Note: This description is intended to highlight the key steps in the review procedure, and may not include all of the details. Please refer to above referenced section of the zoning code for a complete description of the process and related requirements.

 
Application fee: Please see application for applicable fee.
Notes:
  1. All applications (including forms, fees, plans, reports, etc.) must be submitted AND deemed complete by Village Staff on or before the DEADLINE DATE in order to be scheduled on the corresponding MEETING DATE. Submitting an application on or even a few days before the DEADLINE DATE does NOT guarantee that the application will be deemed complete in time to be put on the agenda for the corresponding MEETING DATE. Incomplete applications will not be scheduled on an agenda regardless of when they are submitted. Applicants are encouraged to NOT wait until the DEADLINE DATE to submit an application. Pre-application discussions and/or meetings with Village staff are encouraged (or may be required) depending on the size or complexity of a project or application. Applications can be submitted to the Planning Department on any day during normal business hours but not later than 4:00 p.m. on the DEADLINE DATE.
  2. Applications submitted after 4:00 p.m. or within 2 days after a DEADLINE DATE may be deemed complete and added to the agenda for the next available MEETING DATE with payment of an additional late fee depending on available staff time.
  3. Meeting dates and their corresponding submittal dates are subject to change.