Whenever the public necessity, convenience, general welfare
or good zoning practice requires, the Common Council 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 Plan Commission.
The Common Council, the Plan 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.
A.Â
Petition.
(1)Â
Petitions for any change to the district boundaries and map(s)
or amendments to the text regulations shall be addressed to the Common
Council and shall be filed with the City Clerk. The person requesting
such action shall provide all information requested on the petition
including:
(a)Â
Name and street address of the petitioner.
(b)Â
The lot number of any real estate owned by the petitioner adjacent
to the area proposed to be changed.
(c)Â
Legal description of the property to be altered.
(d)Â
The existing use of all buildings on such land.
(e)Â
The principal use of all properties within 300 feet of such
land.
(f)Â
Purpose for which such property is to be used.
(g)Â
Reciting of facts indicating that the proposed change will not
be detrimental to the general public interest and the purposes of
this chapter.
(h)Â
Names and addresses of all abutting and opposite property owners
within 300 feet of the property to be altered.
(i)Â
Plot plan or survey plat, drawn to scale, showing the property
to be rezoned, location of structures, and property lines within 300
feet of the parcel.
(j)Â
Any further information requested or which may be required by
the Plan Commission to facilitate the making of a comprehensive report
to the Council.
(2)Â
Failure to supply such information shall be grounds for dismissal
of the petition.
(3)Â
A petition for change or amendment submitted by a private property
owner shall be prepared in triplicate and filed with the City Clerk
and shall be accompanied by the appropriate fee to defray the cost
of giving notice, investigation and other administrative processing.
B.Â
Recommendations. The Common Council or the City Clerk shall cause
the petition to be forwarded to the Plan Commission for its consideration
and recommendation. The Plan 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 Plan
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).
C.Â
Hearings.
(1)Â
The Common Council, following receipt of recommendation of the
Plan Commission, shall hold a public hearing upon each proposed change
or amendment, giving notice 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 amendment.
(2)Â
The Common Council may delegate to the Plan Commission the responsibility
to hold public hearings as required under this section.
D.Â
Council's action. Following such hearing and after consideration
of the Plan Commission's recommendations, the Common Council shall
vote on the proposed ordinance effecting the proposed change or amendment.
A 3/4 vote of the full Common Council membership is required to override
the Plan Commission's determination.
A.Â
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 Common Council membership.
B.Â
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 Common Council membership to adopt such
amendment.
