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.
A change or amendment may be initiated by the
Town Board or Town Plan Commission or by a petition of one or more
of the owners or lessees of property within the area proposed to be
changed.
A.
Request for changes. Petitions for any change to the
district boundaries and map(s) or amendments to the text regulations
shall be filed with the Town Clerk, describe the premises to be rezoned
or the portions of the text regulations to be amended, list the reasons
justifying the petition, specify the proposed use, if applicable,
and have attached the following, if the petition is 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 200 feet of the
area proposed to be rezoned.
(2)
Owners' names and addresses of all properties lying
within 200 feet of the area proposed to be rezoned.
(3)
Additional information as may be required by the Plan
Commission or Town Board.
B.
Recommendations.
(1)
The Town Clerk 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 limits of the Town 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)
The Plan Commission shall recommend changes which
remove areas from the EA or AT District only after a consideration
of findings with respect to the following:
(a)
Adequate public facilities to accommodate development
either exist or will be provided within a reasonable time;
(b)
Provision of public facilities to accommodate
development will not place an unreasonable burden on the ability of
local units of government to provide them; and
(c)
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 unreasonable
adverse effect on rare or irreplaceable natural resources.
(3)
The Town Board shall notify the Wisconsin Department
of Agriculture, Trade and Consumer Protection of any change in the
EA or AT 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 and the owners
of all lands included in the petition and the owners of all lands
within 200 feet of lands included in the petition. Failure to comply
with this provision shall not, however, invalidate any previous or
subsequent action on the application.
(2)
The Town Board shall hold public hearings as required
under this section.
D.
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.
A.
In the event of a protest against an amendment to
the Zoning Map, 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 full Town
Board membership.
B.
In the event of protest against amendment to the text
of the regulations of this chapter, duly signed and acknowledged by
20% of the number of persons casting ballots in the last general election,
it shall cause a 3/4 vote of the full Town Board membership to adopt
such amendment.
