Zoneomics Logo
search icon

Elkhorn City Zoning Code

ARTICLE 17

13. - Changes and Amendments

17.13-1 - Authority.

(1)

Whenever the public necessity, convenience, general welfare or good zoning practice require, the Common Council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto.

(2)

Such change or amendment shall be subject to the review and recommendation of the City Plan Commission.

(Ord. No. 14-05, §§ 1, 2, 2014.)

17.13-2 - Initiation.

A change or amendment may be initiated by the Common Council, City Plan Commission, or by a petition of one or more of the owners or agents of the owner of property within the area proposed to be changed.

(Ord. No. 14-05, §§ 1, 2, 2014.)

17.13-3 - Petitions.

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the City Clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following (applications deemed incomplete shall not be accepted by the City):

(1)

Plot plan drawn to a scale of one inch equals 100' 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' of the area proposed to be rezoned.

(2)

Owners' names and addresses of all properties lying within 100' of the area proposed to be rezoned.

(3)

Additional information required by the City staff, City Plan Commission or Common Council.

(Ord. No. 14-05, §§ 1, 2, 2014.)

17.13-4 - Recommendations.

The City Plan Commission shall review 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 at a meeting subsequent to the meeting at which the petition is first submitted and shall be made in writing to the Common Council.

(Ord. No. 14-05, §§ 1, 2, 2014.)

17.13-5 - Hearings.

(1)

The Common Council shall hold a joint Plan Commission and Common Council public hearing upon each proposed change or amendment recommended by the City Plan Commission, giving notice of the time and place, and the change or amendment proposed by publication of a Class 2 notice, under Chapter 985, Wis. Stats. The Common Council shall also give at least 10 days' prior written notice to the clerk of any municipality within 1,000' of any land to be affected by the proposed change or amendment.

(2)

The Common Council may delegate to the City Plan Commission the responsibility to hold public hearings as required under this section. In the case of a Planned Unit Development, the process followed shall be as directed in Section 17.4-24 of this Code.

(Ord. No. 14-05, §§ 1, 2, 2014.)

17.13-6 - Common Council's action.

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

(Ord. No. 14-05, §§ 1, 2, 2014.)

17.13-7 - Protest.

In accordance with Section 62.23(7), Wis. Stats., and amendments thereto, in the event of a protest against district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed amendments, or by the owners of 20% or more of the land immediately adjacent extending 100' therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100' from the street frontage of such opposite land, such amendments shall not become effective except by the favorable vote of ¾ of the members of the Common Council voting on the proposed change.

(Ord. No. 14-05, §§ 1, 2, 2014.)