Whenever the public necessity, convenience, general welfare,
or good zoning practice require, the Common Council may by ordinance,
change the district boundaries or amend, change, or supplement the
regulations established by this Ordinance or amendments thereto. Such
change or amendment shall be subject to the review and recommendation
of the Plan Commission. This section and the following provisions
of Division 15-9.0200 shall not apply to any amendment of the land
division regulations set forth within this Ordinance, including any
regulations under Parts 1, 11 and 12 of this Ordinance pertaining
to land division, Division 15-2.0100, Division 15-2.0300, Division
15-9.3000 and Parts 4, 5, 7 and 8, the amendment of which shall be
subject to the procedures specified pursuant to § 236 .45(4),
Stats., as amended. Amendments to the zoning provisions of this Ordinance
shall be made as set forth in this Ordinance and § 62.23(7)(d),
Stats., as amended and such other statutes as may apply to the amendment
of a specific zoning provision as may be set forth in this Ordinance.
Amendments to the land division provisions of this Ordinance shall
be made as set forth in § 236.45(4), Stats., as amended.
A change or amendment may be initiated by the Common Council,
the City Plan Commission, or by a petition of one or more of the owners
or lessees of property within the area proposed to be changed.
Petitions for any change in the district boundaries or amendments
to the regulations shall be filed with the City Clerk, shall describe
the premises to be rezoned or the regulations to be amended, shall
list the reasons justifying the petition, and shall specify the proposed
use, and shall include the following:
A. Owners' Names and Addresses Required. Name, address,
and telephone number of the petitioner for a zoning amendment agent;
and tax key numbers, names, and addresses of all property owners of
all properties lying within 200 feet of the area proposed to be rezoned.
B. Plot Plan Required. Plot plan drawn to a reasonable
scale (as determined by the City Planner and/or City Engineer) and
fully dimensioned 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
200 feet of the area proposed to be rezoned.
C. Description of Requested Zoning District Boundary
Change or Unified Development Ordinance Text Amendment Required. The
petitioner shall provide a complete legal description of the property
for which a change in zoning is requested. In the case of a proposed
Ordinance text amendment, the petitioner shall provide a copy of the
text proposed to be changed as well as the new text being proposed
by the petitioner.
D. General Description of Proposed Development Required.
A general description of the proposed development of the property.
E. Site Plan Required. A Site Plan of the proposed
development of the property meeting the requirements set forth under
Division 15-7.0100 of this Ordinance.
F. Landscape Plan Required. A Landscape Plan meeting
the requirements set forth under Division 15-7.0300 of this Ordinance.
Any required bufferyard easements shall be so noted on the Landscape
Plan. An applicant may elect to only file a preliminary landscape
plan generally depicting the landscaping for the premises at the time
of Petition filing, with the later submission of a Landscape Plan
to be a condition of any final Petition approval, except where Department
of City Development staff requires the filing of a Landscape Plan
with the Petition or the Plan Commission requires the Landscape Plan
submission during its review of the Petition, upon a determination
that same is reasonably necessary in order to properly review the
visual impacts of the proposed change or amendment. Landscape Plans
must be approved by the Plan Commission.
G. Natural Resource Protection Plan Required. If natural
resource features are present on the subject property, as defined
in Divisions 15-4.0100 and 15-11.0100 of this Ordinance, a Natural
Resource Protection Plan meeting the requirements set forth in Division
15-7.0200 of this Ordinance.
H. Site Intensity and Capacity Calculations Required.
Site intensity and capacity calculations meeting the requirements
set forth in Division 15-3.0500 and in the prescribed format set forth
in the City's application form.
I. Architectural Plans. Architectural plans meeting
the requirements of Division 15-7.0800 of this Ordinance.
J. Additional Information May be Required. Additional
information may be required by the Plan Commission or the Common Council.
After holding a public hearing as set forth in this Division,
the Plan Commission shall review all proposed changes and amendments
within the corporate limits and shall recommend that the petition
be granted as requested, be modified, or be denied. The recommendation
shall be made within 30 days after the public hearing, and shall be
made in writing to the Common Council.
The Plan Commission, as a committee of the Common Council, shall
hold a public hearing upon each proposed change or amendment giving
notice of the time and place of such hearing by publication in the
City of a Class 2 notice under Chapter 985 of the Wisconsin Statutes.
Written notice of the public hearing shall also be delivered by regular
mail to all owners of properties or portions of properties within
500 feet of the lands described in the application, mailed not less
than 10 days prior to the hearing, with the ownership to be determined
by the records on file in the Office of the City Assessor; notice
to one of joint or in-common owners being notice to all. At least
10 days' prior written notice shall be given to the clerk of any municipality
within 1,000 feet of any land to be affected by the proposed change
or amendments. Due notice of all public hearings on petitions for
changes to the floodplain districts or amendment to the regulations
affecting the floodplain districts shall be transmitted to the Wisconsin
Department of Natural Resources (DNR) and the Federal Emergency Management
Agency (FEMA). Amendments to the floodplain district boundaries or
regulations shall not become effective until approved by the DNR and
the FEMA. In the case of floodplain district boundary changes, an
official letter of map amendment from the FEMA shall also be required
and the provisions set forth in § 15-9.0207 of this Division
shall be followed. Only statutorily required notice is to be given
for text amendment applications; written and mailed notice to owners
of properties is not required for the hearing upon an application
for a text amendment.
Following such hearing and after careful consideration of the
Plan Commission's recommendations, the Common Council shall vote on
the passage of the proposed change or amendment.
In the event of a protest against such district change or amendment
to the regulations of this Ordinance, duly signed and acknowledged
by the owners of 20% or more either of the areas of the land included
in such proposed amendment, 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% of more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such change or amendment shall not become effective except by the
favorable vote of 3/4 of the full Common Council membership. No application
for a zoning amendment pertaining to specific lands which describes
the property to be subject to such proposed zoning amendment so as
to create a "buffer zone", which buffer zone is found by the Common
Council to have been created to avoid the effect of a protest petition
and which buffer zone proposal is not supported by a substantial land
use reason or a reasonable zoning practice purpose, shall be approved.
The burden of proof with regard to the findings to be made by the
Common Council hereunder shall be upon the applicant.