§ 28-1048. Changes and amendments.

(a)

Authority. Pursuant to the provisions of Wis. Stats. § 62.23(7), whenever the public necessity, convenience, general welfare or good zoning practice require, the village board may by ordinance change the district boundaries or amend, change or supplement the regulations established by this article or amendments thereto.

(b)

Initiation. A change or amendment may be initiated by the village board, planning commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(c)

Petitions.

(1)

All petitions for a change, amendment or supplement of the established zoning districts and regulations connected therewith shall be filed by the person requesting such action on forms furnished by the village clerk/treasurer. The person requesting such action shall provide all information requested on the petition, including the following. Failure to supply such information shall be grounds for dismissal of the petition.

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 30 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 article.

h.

Names and addresses of all abutting and opposite property owners within 30 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 30 feet of the parcel.

j.

Any further information requested on the petition or which may be required by the planning commission to facilitate the making of a comprehensive report to the village board.

(2)

A petition for change or amendment submitted by a private property owner shall be filed with the village clerk/treasurer and shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

(d)

Planning commission review and recommendation.

(1)

The village clerk/treasurer shall transmit the petition to the planning commission.

(2)

The village planning commission shall conduct a study and investigation of all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made within 60 days from which the petition is first received and shall be made in writing to the village board.

(e)

Hearing. The village board shall hold a public hearing upon each proposed change or amendment recommended by the village planning commission, giving notice of the time, place and the change or amendment proposed by publication of a Class 2 notice under Wis. Stats. ch. 985. The village board shall also give at least ten days prior written notice to the village clerk/treasurer of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

(f)

Village board action. Following such hearing and after careful consideration of the village planning commission's recommendations, the village board shall vote on the passage of the proposed change or amendment.

(g)

Protest. In the event of a protest against such district change or amendment to the regulations of this article, signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed change; by the owners of 20 percent or more of the land immediately adjacent extending 100 therefrom; or by the owners of 20 percent or more of the land directly opposite thereto extending 100 from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full city council membership.

(Code 1989, § 13-1-130; Ord. of 10-5-2004, § 13-1-130)