Herman Town Dodge County
City Zoning Code
City Zoning Code
ARTICLE XI
Changes and Amendments
§ 384-88 Authority.
Whenever the public necessity, convenience, health, safety, or general welfare requires, the Town Board may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this chapter or amendments hereto in accordance with § 62.23(7), Wis. Stats.
§ 384-89 Initiation.
A change or amendment may be initiated by the Town Board, Plan Commission or by a petition of one or more property owners within the area proposed to be affected.
§ 384-90 Petitions for amendment.
A petition for any change to the district boundaries or amendment to the regulations shall be filed with the Town Clerk, who shall present it to the Town Board at its next succeeding meeting; such petition shall describe the premises to be rezoned or the regulations to be amended, lists the reasons justifying the petition, specify the proposed use and have attached the following:
A.
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.
B.
Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.
C.
Additional information required by the Plan Commission or Town Board.
D.
Fee in an amount set from time to time by resolution of the Town Board.
§ 384-91 Hearing and Town Board action.
The Town Plan Commission shall hold a public hearing upon each petition. Notice of the time and place of such a hearing shall be given by publication in the Town of a Class 2 notice under Ch. 985, Wis. Stats. Notice of the hearing should be provided to the owner, applicant, all owners of property within 200 feet of the subject site, the Zoning Administrator and the Town Board.
A.
Recommendations. Within 45 days after the public hearing, the Town Plan Commission shall act on such petition, approving, modifying or disapproving the petition. The recommendation shall be made in writing to the Town Board.
B.
Action by the Town Board. After careful consideration of the Town Plan Commission recommendation, the Town Board shall vote on the passage of the proposed change or amendment within 45 days after receiving the Plan Commission recommendation.
§ 384-92 Approval by County Board.
After approval by the Town Board, the Dodge County Board of Supervisors shall approve the proposed change or amendment.
§ 384-93 Protest.
In case of a protest against an amendment proposed duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed amendment, or by the owners of 20% or more of the area 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 road frontage of such opposite land, such amendment shall not become effective except by the favorable vote of three-fourths of the members of the Town Board voting on the proposed change.
§ 384-94 Rezoning land out of A-1 Farmland Preservation District.
The Town must submit a report on A-1 Farmland Preservation District rezonings to the Department of Agriculture, Trade and Consumer Protection and to the County by March 1 of each year in accordance with § 91.48(2), Wis. Stats. Land may be rezoned out of the A-1 Farmland Preservation Zoning District if the Town Board finds that all of the following apply:
A.
The land is better suited for a use not allowed in the A-1 Farmland Preservation Zoning District.
B.
The rezoning is consistent with the Town of Herman Comprehensive Plan.
C.
The rezoning is substantially consistent with the Dodge County Farmland Preservation Plan.
D.
The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.