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Germantown City Zoning Code

17.51

CHANGES AND AMENDMENTS.

(1)

AUTHORITY. Whenever the public necessity, convenience or 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 chapter or amendments thereto. Such change or amendment shall be submitted to the Plan Commission for review and recommendation.

(2)

INITIATION. A change or amendment may be initiated by the Village Board or the Plan Commission or by a petition of one or more of the owners of property within the area proposed to be changed.

(3)

PETITIONS. (Am. Ord. #19-96; Am. Ord. #14-19) Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Village Planner, describe the premises to be rezoned by a metes and bounds description or the regulations to be amended, list the reasons justifying the petition, specify the proposed use, and have attached the following:

(a)

Plot plan drawn to a legible scale with sufficient information showing the area and size (in both square feet and acres) proposed to be rezoned, relative location within the Village, the boundaries and classification of adjacent zoning districts, and the boundaries and existing use of all abutting properties within 200 feet of the area proposed to be rezoned.

(b)

List of all tax parcel numbers, addresses and owners of all properties lying within the Village of Germantown and 1,000 feet outward from the exterior boundary of the area proposed to be rezoned and any undeveloped parcels greater than 10 acres abutting the area to be rezoned in a digital form acceptable to the Village Planner, or, a written request seeking assistance from the Village Planner to compile said list (subject to the payment of additional fee if applicable).

(c)

Additional information required by the Plan Commission or the Village Board.

(4)

HEARINGS AND RECOMMENDATIONS. (Am. Ord. #10-18; Am. Ord. #14-19) The Plan Commission shall hold a public hearing on the proposed changes and amendments and shall give notice as specified in section 17.53 of this chapter, and provide notice of the proposed rezoning to the owners or occupants of the properties lying within the Village of Germantown and 1,000 feet outward from the exterior boundary of the area proposed to be rezoned and any undeveloped parcels greater than 10 acres abutting the area to be rezoned. The Plan Commission shall review all proposed changes and amendments within the corporate limits and shall provide the Village Board with a recommendation and report as to whether the petition be granted as requested, modified or denied. The recommendation and report shall be made in writing to the Village Board (as presented by the Village Planner or designee). If the Village Board does not receive recommendations and a report from the Plan Commission within 60 days of submitting the proposed amendments, the Village Board may hold hearings without first receiving the recommendations and report.

(5)

Reserved. (Rep. Ord. #10-18)

(6)

VILLAGE BOARD ACTION. (Am. Ord. #11-2025) Following such hearing and after careful consideration of the Plan Commission's recommendations, the Village Board shall vote on the passage of the proposed change or amendment. Except as provided below, and except as provided in Wis. Stat. § 62.23(7)(d)2m, the enactment of the proposed change or amendment shall be approved by a simple majority of the members present and voting. In the event that the proposed change or amendment constitutes a down zoning ordinance as defined in Wis. Stat. § 66.10015(1)(as), enactment shall require approval by at least ⅔ of the members-elect, except that if the change or amendment is requested, or agreed to, by the owner of the land affected by the proposed change or amendment, such change or amendment may be enacted by approval of a simple majority of the members present and voting.

(7)

Repealed. (Rep. Ord. #11-2025)

State law references—Zoning amendments, Wis. Stats. §§ 61.35, 62.23(7)(d).