[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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, 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 Planning Committee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Common Council, the Planning Committee, 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 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 300 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 300 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 300 feet of the parcel.
(j) 
Any further information requested by the petition or which may be required by the Planning Committee to facilitate the making of a comprehensive report to the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Failure to supply such information shall be grounds for dismissal of the petition.
(3) 
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. 
Planning Committee recommendation. The Common Council or the City Clerk-Treasurer shall cause the petition to be forwarded to the Planning Committee for its consideration and recommendation. The Planning Committee 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 Planning Committee's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the Committee may on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
The Common Council, following receipt of recommendation of the Planning Committee, 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.
(2) 
The Common Council may delegate to the Planning Committee the responsibility to hold public hearings as required under this section.
D. 
Common Council action; rezoning voting; down zoning.
(1) 
Following such public hearing, the Planning Committee shall make a recommendation on the proposed rezoning ordinance making the proposed rezoning, change or amendment. The Common Council shall than review the Planning Committee's recommendation and make its determination.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
The Common Council may enact a down zoning ordinance only if the ordinance is approved by at least 2/3 of the members-elect, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.
(3) 
"Down zoning ordinance" means a zoning ordinance that affects an area of land in the following ways:
(a) 
By decreasing the development density of the land to be less dense than was allowed under its previous usage; or
(b) 
By reducing the permitted uses of the land that are specified in a zoning ordinance, or other land use regulation, to fewer uses than were allowed under its previous usage.[1]
[1]
Editor's Note: Original § 13-1-263, Protest, of the 1995 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definition. Per § 66.10015(1)(e), Wis. Stats., a "substandard lot" is a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements.
B. 
Prohibited actions regarding substandard lots. Notwithstanding any other law or rule, or any action or proceeding under common law, the City, and its subunits and officials, may not enact or enforce an ordinance or take any other action that prohibits a property owner from doing any of the following:
(1) 
Conveying an ownership interest in a substandard lot.
(2) 
Using a substandard lot as a building site if all of the following apply:
(a) 
The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.
(b) 
The substandard lot or parcel is developed to comply with all other ordinances of the City.
C. 
Prohibited lot merger requirement. Notwithstanding the authority granted under §§ 61.35 and 62.23, Wis. Stats., the City may not enact or enforce an ordinance or take any other action that requires one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.