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 and/or the Supplementary Floodland
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 and/or the Supplementary Floodland
Zoning Map to be made a part of this chapter by reference.
A.
Petition.
(1)
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-Treasurer. The person
requesting such action shall provide all information requested on
the petition, including:
(a)
Name and street address of the petitioner.
(b)
The lot number of any real estate owned by the petitioner adjacent
to the area proposed to be changed.
(c)
Legal description of the property to be altered.
(d)
The existing use of all buildings on such land.
(e)
The principal use of all properties within 200 feet of such
land.
(f)
Purpose for which such property is to be used.
(g)
Reciting of facts indicating that the proposed change will not
be detrimental to the general public interest and the purposes of
this chapter.
(h)
Names and addresses of all abutting and opposite property owners
within 200 feet of the property to be altered.
(i)
Plot plan or survey plat, drawn to scale, showing the property
to be rezoned, location of structures, and property lines within 200
feet of the parcel.
(j)
Any further information requested to the petition or which may
be required by the Plan Commission to facilitate the making of a comprehensive
report to the Council.
(2)
Failure to supply such information shall be grounds for dismissal
of the petition. A petition for change or amendment submitted by a
private property owner shall be prepared in triplicate and filed with
the City Clerk-Treasurer and shall be accompanied by the appropriate
fee to defray the cost of giving notice, investigation and other administrative
processing.
B.
Recommendations. The Common Council or the City Clerk-Treasurer 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.
Hearings. 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.
D.
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.
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.
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.