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 and/or the Supplementary Floodland 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.

(Code 2005, § 13-1-180)

The Common Council, the Plan Commission, the 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 and/or the Supplementary Floodland Zoning Map made a part of this chapter by reference.

(Code 2005, § 13-1-181)

The following are procedures for changes or amendment:

(1)

Information required. Petitions for any change to the district boundaries and map 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 or which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Council.

Failure to supply such information shall be grounds for dismissal of the petition.

(2)

Filing. 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 a fee in an amount as established from time to time by the Common Council and maintained in the fee schedule available in the office of the City Clerk-Treasurer. to defray the cost of giving notice, investigation and other administrative processing.

(3)

Recommendations. The Common Council or the Clerk-Treasurer 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 maps 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 proposed amendment. In all cases in which rezoning is granted, the Plan Commission shall retain continuing authority to review conditions relative to vehicular traffic, noise, activity, lighting, or other such conditions which exist on the property which has been granted rezoning. If, in the opinion of the Plan Commission, the rezoned use adversely affects adjoining and/or adjacent properties, or were deemed appropriate for the best interest of the general public health, safety or welfare, the Plan Commission may establish additional conditions for the continued use of the rezoned property. Such conditions may include, but are not limited to:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion duties;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

Any other requirements necessary to fulfill the purpose and intent of this chapter.

(4)

Hearings. The Common Council, 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 Wis. Stats. ch. 985. At least ten 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. The Common Council may delegate to the Plan Commission the responsibility to hold public hearings as required under this section.

(5)

Council Action. Following such hearing and after consideration of the Plan Commission's recommendations, the Common Council shall vote on the proposed ordinance effecting the proposed change or amendment.

(Code 2005, § 13-1-182)

(a)

In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of 20 percent or more, either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent 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 three-fourths of the full Common Council membership.

(b)

In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20 percent of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full Common Council membership to adopt such amendment.

(Code 2005, § 13-1-183)