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:
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.
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.