Pursuant to the provisions of § 62.23(7), Wis. Stats.,
the Common Council may, after first submitting the proposal to the
Plan Commission for report and recommendation and after notice and
public hearing as hereinafter provided, amend the regulations of this
chapter or change the district boundaries.
A.
Initiation. A proposal to amend the text or change the district mapping
of this chapter may be initiated by the Common Council on its own
motion, by recommendation of the Plan Commission, or by petition of
one or more property owners.
B.
Filing of petition. A petition for change or amendment submitted
by a private property owner shall be prepared on printed forms provided
for the purpose and filed with the Public Works and Development Director
or designee and shall be accompanied by a fee, as from time to time
established by resolution of the Common Council, to defray the cost
of giving notice, investigation and other administrative processing.
C.
Data required. In addition to all information required on the petition
form, the petitioner shall supply the following:
(1)
A plot map drawn in triplicate to a scale no smaller than 100
feet to the inch for tracts of less than 10 acres and no smaller than
200 feet to the inch for tracts of 10 acres or more showing the land
in question, its location, the length and direction of each boundary
thereof, the location and the existing use of all buildings on such
land and the principal use of all properties within 300 feet of such
land.
(2)
The names and addresses of the owners of all properties within
300 feet of any part of the land included in the proposed change.
(3)
Any further information which may be required by the Plan Commission
to facilitate the making of a comprehensive report to the Common Council.
D.
Plan Commission review and recommendation. The Public Works and Development
Director or designee shall transmit without delay one copy of such
petition to the Plan Commission. The Plan Commission shall conduct
a study and investigation and, where deemed desirable, an informal
hearing and report its recommendation to the Common Council within
a reasonable time once docketed on the Plan Commission agenda, unless
a longer period is stipulated by the Common Council. If the Plan Commission
determines that the services of a professional planning consultant
are required to determine the feasibility of a zoning change, the
fees incurred for such study shall be the responsibility of the petitioner.
E.
Official hearing. The Common Council shall hold a public hearing upon the petition in the manner provided by Article II of this code.
F.
Action.
(1)
As soon as possible after such public hearing the Common Council
shall act to approve, modify and approve, or disapprove the proposed
change or amendment.
(2)
The Common Council shall not take action without first having
the Plan Commission review the proposed change or amendment.
(3)
An approved change shall be by appropriate ordinance, and necessary
changes in the Zoning Map or text shall thereafter be made by the
Public Works and Development Department in a timely manner.
G.
Protest. In case of protest against a change duly signed and acknowledged
by the owners of 20% or more either of the area of land included in
such proposed change, or by the owners of 20% or more 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, an amendment
shall not become effective except by the favorable vote of 3/4 of
the members of the Council voting on the proposed change.[1]
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