Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the Town Board 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 Plan Commission.
The Town Board, the Plan Commission, the Zoning
Board of Appeals and other government bodies and any private petitioners
may apply for an amendment to the text of this chapter or to the district
boundaries hereby established or by amendments hereto in the accompanying
Zoning Map made a part of this chapter and/or the Supplementary Floodland
Zoning Map to be made a part of this chapter by reference.
A.
Petition. Petitions for any change to the zoning district
boundaries and map(s) or amendments to the text regulations shall
be addressed to the Town Board and shall be filed with the Town Administrator.
[Amended 12-3-2003 by Ord. No. 2003-23]
(1)
Petitions for changes to text regulation shall include
the following:
(2)
Petitions for changes to zoning district/boundary
map.
(a)
Complete the application for rezoning completely.
(b)
List the reasons justifying the petition.
(c)
Specify the proposed use.
(d)
Attach the following for change of district
boundaries:
[1]
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 300 feet
of the area proposed to be rezoned.
[2]
Owners' names and addresses of all properties
lying within 1,000 feet of the area proposed to be rezoned.
[3]
Additional information as may be required by
the Plan Commission or Town Board.
[4]
Fee receipt from the Town in the amount as set
by the Town Board.
B.
Recommendations.
(1)
The Town Board or the Town Administrator shall cause
the petition to be forwarded to the Plan Commission for its consideration
and recommendation. The Plan Commission 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 Plan
Commission's official minutes shall constitute the required written
recommendation. In arriving at its recommendation, the Commission
may on occasion, of its own volition, conduct its own public hearing
on the proposed amendment(s).
(2)
No change in the A-2 Prime Agricultural District shall
be recommended unless the Plan Commission finds that:
(a)
Adequate facilities in accordance with all Town
requirements and ordinances exist or will be provided within a reasonable
time.
(b)
The land proposed for rezoning is suitable for
development, and development will not result in undue water and air
pollution, cause unreasonable soil erosion or have an unreasonably
adverse effect on rare or irreplaceable natural resources.
(c)
Provision of public facilities to accommodate
development will not place an unreasonable burden on the ability of
affected local units of government to provide them.
[Amended 12-3-2003 by Ord. No. 2003-23]
(3)
The Town Board shall notify the Wisconsin Department
of Agriculture, Trade and Consumer Protection (DATCP) of any change
in the A-2 Prime Agricultural District.
C.
Hearings.
(1)
The Town Board, following receipt of recommendation
of the Plan Commission, 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 Town Board may delegate to the Plan Commission
the responsibility to hold public hearings as required under this
section.
D.
Town Board's action. Following such hearing and after
consideration of the Plan Commission's recommendations, the Town Board
shall vote on the proposed ordinance effecting the proposed change
or amendment. The Town Plan Commission's recommendations may only
be overruled by a three-fifths majority of the Town Board's membership
present.
In the event of a protest against amendment
to the Zoning Map or the regulations, duly signed and acknowledged
by the owners of 20% or more either of the areas of the land included
in such proposed change, or by the owners of 20% or more 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 changes
or amendments shall not become effective except by the favorable vote
of 3/4 of the members of the Town Board voting on the proposed change.
