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Pleasant Prairie adopts sweeping zoning rewrite to comply with Wisconsin Act 67
Summary
Trustees approved a comprehensive update to the village zoning code (ordinances 25‑24 through 25‑33) to align conditional‑use procedures with Wisconsin Act 67, add objective standards and dozens of new definitions, and reclassify many uses to reduce subjective decisionmaking.
The Village Board on a unanimous vote approved a comprehensive rewrite of the village zoning code aimed at bringing Pleasant Prairie into compliance with Wisconsin Act 67.
The amendments repeal and recreate large portions of the conditional‑use article and add objective, measurable standards that applicants must meet to obtain approvals. Rob Atelier, presenting the changes for village staff, said the overhaul reclassifies many uses, adds about 70 new or revised definitions, and reduces reliance on discretionary conditional‑use permits so that similar proposals are judged against clear standards.
"CUPs would now require objective, measurable criteria, and public hearings," Atelier said, summarizing the intent of the draft ordinances and the plan commission review. He told trustees the update also reorganizes district regulations, clarifies accessory‑use and design standards, and strengthens conservancy and wetland protections.
Village attorney (referred to in the meeting as Attorney Larson) described how Act 67 changed state law by requiring pre‑defined standards for conditional uses and moving the burden of proof to decisionmakers to determine whether those standards were met. "You have to tell the public what you're looking for," the attorney said, noting that if standards are met, a permit must be approved under the new statutory framework.
Trustees discussed the shift in the plan commission's role toward judging evidence against written standards and asked staff about ex parte contacts and other procedural safeguards. Eric Rheinflesh, village administrator, said the substantial‑evidence standard places more responsibility on the planning commission to establish and apply requirements consistently.
The board approved the set of ordinances (25‑24 through 25‑33) as presented. The changes take effect according to the ordinances' publication and effective dates in the amended code.
What happens next: The updated code will be used by applicants and staff for development review and should reduce case‑by‑case discretion in conditional‑use decisions by providing measurable criteria trustees and the plan commission can apply.
