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Town of Milton, WI
Rock County
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A. 
Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Town Board may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto when the amendment is consistent with an adopted land use plan.
B. 
Such change or amendment shall require the review and recommendation of the Planning and Zoning Committee.
A change or amendment may be initiated by the Town Board, Planning and Zoning Committee, or by a petition of one or more of the owners or an agent of property within the area proposed to be changed.
Applications for an amendment to the text of this chapter or to district boundaries on the Official Zoning Map shall be filed with the Town Clerk. The application shall be submitted on forms provided by the Town Clerk and shall include:
A. 
The landowner's name.
B. 
The current zoning district assigned.
C. 
The proposed land use for the land parcel(s) on the Town Land Use and Transportation Plan Map.
D. 
The proposed zoning district being requested.
E. 
The reasons for the proposed change.
F. 
Whether or not the proposed zoning request is consistent with the Town Land Use and Transportation Plan and the County Farmland Preservation Plan.
G. 
Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 1,000 feet of the area proposed to be rezoned.
H. 
Owner's names and addresses of all properties lying within 1,000 feet of the area proposed to be rezoned.
I. 
Additional information required by the Planning and Zoning Committee or Town Board.
J. 
Fee for a petition to rezone a parcel of land to any other district shall be an appropriate fee as set by the Town Board by separate resolution, from time to time, as deemed appropriate. The Town Board may retain an attorney, planner, engineer, architect or other professional consultants to advise the Town Board and/or Planning and Zoning Committee on any or all aspects of the rezoning petition. The cost of hiring these professionals shall be borne by the applicant.
The following standards shall be used by the Planning and Zoning Committee and Town Board when considering proposed zoning changes. The Town may approve petitions for rezoning only after consistent findings are made based on the following:
A. 
Whether the proposed change is consistent with the Town Land Use and Transportation Plan and the County Farmland Preservation Plan. Amendments to this chapter affecting the A-1 Exclusive Agricultural District, not consistent with the Town Land Use and Transportation Plan and County Farmland Preservation Plan, can effect the certification of this chapter for farmland owner property tax credits in the Town.
B. 
Whether the proposed change is consistent with the purpose and intent section of the new zoning district.
C. 
Wisconsin case law relating to the proposed change.
D. 
Whether adequate public facilities are available or can be made available to accommodate the proposed use within a reasonable time.
E. 
Whether public facilities needed to accommodate the proposed use will place an unreasonable burden on the ability of local units of government and school districts to provide the service.
F. 
Whether the land proposed for rezoning is:
(1) 
Suitable for development;
(2) 
A threat to the health and safety of the future people that will be living or using the land;
(3) 
Has the potential to result in undue water and/or air pollution; and
(4) 
On erosive soil or will have an adverse effect on rare or irreplaceable natural resources.
G. 
The protection of property values and the property tax base.
H. 
Amount of daily and peak-hour traffic that will be generated, related to site size, and existing automobile traffic on the existing road network.
I. 
Amount of daily and peak-hour traffic that will be generated relative to existing and anticipated traffic from other land uses affecting the existing and planned road network.
J. 
Expected composition of site-generated traffic by vehicle types.
K. 
Safety and convenience to future users.
L. 
Access to commercial areas.
M. 
Relation to aesthetic, scenic, and recreation values.
A. 
The Town Planning and Zoning Committee shall hold a public hearing upon each recommendation for a zoning change or amendment.
B. 
Notice of public hearings shall be mailed by the Town Clerk to all parties-in-interest at least 10 days before the hearing. "Parties-in-interest" shall be defined as the applicant, the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition, and the owners of all lands included in the petition and all lands lying within 1,000 feet of lands included in the petition. This notification shall specify the date, time, place, and matters to be considered at said hearing.
C. 
Notice of any public hearing which the Town Planning and Zoning Committee is required to hold under the terms of this section of this chapter shall be published as Class 2 notice under Ch. 985, Wis. Stats., listing the date, time, place, and changes or amendments proposed.
The Planning and Zoning Committee shall review all proposed changes and amendments within the limits of the Town following the public hearing and shall recommend to the Town Board that the petition be granted as requested, modified, or denied. The Committee's review of the proposed changes and amendments shall consist of a review of the relevant sections of this chapter, including the standards set forth in Article VII of this chapter and § 400-96; a review of the relevant sections of the Town Land Use and Transportation Plan text and map; and consideration of the comments and suggestions made by the people speaking at the public hearing. The recommendation shall be made at a properly noticed meeting subsequent to the meeting at which the petition is first submitted and shall be, in writing, to the Town Board.
The Town Board shall vote to approve or deny the proposed change or amendment after careful consideration of the Town Planning and Zoning Committee recommendation; a review of the relevant sections of this chapter, including the standards set forth in Article VII of this chapter and § 400-96; a review of the relevant sections of the Town Land Use and Transportation Plan text and map; and consideration of the comments and suggestions made by the people speaking at the public hearing.
In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more either of the land area included in such proposed change, or by the owners of 20% or more of the area of the land immediately adjacent and 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 a three-fourths vote of the Town Board.