The existing and planned uses within the City shall be shown on a Zoning Map prepared and adopted by the Common Council under § 62.23(7)(b), Wis. Stats. Within such areas or "districts" the land shall be used only for uses compatible with the general characteristics of the districts as enumerated in §§ 480-17 through 480-38.
Since §§ 480-26 through 480-38 do not enumerate uses permitted by right, conditional uses or prohibited uses but indicate the general characteristics of each district, the Zoning Administrator under §§ 480-24 through 480-25, except for conditional uses, and the Commission in these and in all cases shall determine whether the proposed use is compatible with the district by applying the general performance standards and the performance standards enumerated in each section.
Since uses within the zoning districts are not specifically enumerated except according to the characteristics of the district, a rezoning amendment will not be required unless the Commission determines that a proposed use is incompatible with the district characteristics. If such is the case, the rezoning procedure of § 480-46 shall apply. However, the Commission shall annually review the Zoning Map and, on its own motion, may propose amendments to the Zoning Map to the Common Council pursuant to § 480-46.
A.
Council may award. The Common Council may from time to time on its
own motion or on petition, after first submitting the proposal to
the Commission, amend, supplement or change the district boundaries
or the regulations for the zoning districts, after hearing and report
thereon by the Commission.
B.
Notice and action on district changes.
(1)
Commission. Any proposal to change the classification of any lot
or parcel of land or the boundaries of any zoning district or the
district regulations shall be submitted to the Commission for recommendation
and report to the Common Council.
(2)
Notice and hearing. Upon referral of any proposal under Subsection B(1) to it, the Commission shall give notice by publication of a Class II notice under Ch. 985, Wis. Stats., in the official newspaper of the proposed changes and of hearings thereon and shall give any person interested an opportunity to be heard. The Commission shall also give at least 10 days' written notice of the proposed changes and the time and place of the hearing at which any proposed change will be considered to the owner of any lot or parcel of land immediately adjacent to or extending 100 feet from the land included in the proposed change and extending 100 feet from the street frontage of such opposite land. Such notice shall contain the street names and house, lot or parcel numbers of the land included in the proposed change. Such notice shall also be accompanied by a scale or plat map showing the land included in the proposed change in relation to nearby streets. The Commission shall also give at least 10 days' prior written notice of any such change in the district plan to the clerk of any municipality whose boundaries are within 1,000 feet of the land to be affected by the proposed change. Failure to give personal notice to any property owner or to the clerk of any affected municipality shall not invalidate any such change.
(3)
Report to Common Council. The Commission shall report the result
of any such hearing and its recommendation on any proposed change
to the Common Council at the next regular meeting of the Council following
such hearing. The Commission shall recommend adoption of the opposed
change or recommend its rejection or report that the Commission took
no action thereon. Written notice of the Commission's recommendation
shall be given prior to the Council meeting at which the recommendation
will be reported to the Council to each person who appeared before
the Commission and to any other person who requests such notice. Failure
to give such notice shall not affect Council action on any such recommendation.
The Commission may also recommend that any proposed change be amended,
and if such suggestion is accepted in writing by the petitioners,
a hearing on the revised change shall be held at a subsequent meeting
of the Commission and notice shall be given as required herein. The
Commission shall report any such recommendation to the Council for
information purposes only.
C.
Action by Council. If the recommendation is to grant the proposed
change, the City Clerk upon receipt of the recommendation shall refer
the report and recommendations to the City Attorney for drafting the
appropriate ordinance. The Common Council may, however, grant a zoning
change which the Commission has not recommended or may deny a zoning
change recommended by the Commission. If any such action requires
the drafting of an amendment to this chapter, the matter shall be
referred to the City Attorney for drafting.
D.
Appearances before Council. Any person interested in any such petition and the report and recommendation of the Commission may appear before the Common Council and shall be given an opportunity to appear and be heard with respect thereto. Any such person shall be heard under the order of business permitting public appearances as provided in Chapter 94, Mayor and Common Council, of the Code of the City of Monona. The Common Council may amend any zoning changed before it, but if the effect of such amendment is to make the change a new proposal, such matter shall be re-referred to the Commission, and the notice and hearing provisions of this section shall apply.
E.
Protests. In case of protest against such change duly signed and
acknowledged by the owners of 20% or more either of the areas of land
included in such proposed amendment, supplement or change or by the
owners of 20% or more of the area 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 amendment, supplement or change
shall not become effective except by the favorable vote of 3/4 of
the members of the Council.
(Note: This section was adopted as Charter Ordinance C1-76-92.)
Territory annexed to the City shall be zoned as provided in
the annexation ordinance under § 66.0217(8)(a), Wis. Stats.,
until amended.
