Mayville Dodge County
City Zoning Code
City Zoning Code
ARTICLE XVIII
Changes and Amendments
§ 430-125 Authority.
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Council 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 subject to the view and recommendation of the Plan Commission and the appropriate Joint Extraterritorial Zoning Commission.
§ 430-126 Initiation.
A change or amendment may be initiated by the Council, Plan Commission, appropriate Joint Extraterritorial Zoning Commission, or by a petition of one or more of the owners of the property within the area proposed to be changed.
§ 430-127 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:
A.
A plot plan drawn to a minimum 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 all area proposed to be rezoned.
C.
Additional information as may be required by the Council, Plan Commission, or appropriate Joint Extraterritorial Zoning Commission.
D.
Fee receipt from the City Clerk in the amount as stipulated in the fee schedule.
§ 430-128 Recommendations.
A.
The 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 Council.
B.
The appropriate Joint Extraterritorial Zoning Commission and the Plan Commission shall review all proposed changes and amendments within the extraterritorial zoning jurisdiction, but the members of the appropriate Joint Extraterritorial Zoning Commission shall only vote on matters relating to their zoning jurisdiction.
§ 430-129 Hearings.
A.
The Council shall hold a public hearing upon each recommendation, giving notice by publication of a Class 2 notice under Ch. 985, Wis. Stats. The Council shall also give at least 10 days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.
B.
Prior to the Council hearing, the appropriate Joint Extraterritorial Zoning Commission shall hold a public hearing upon each proposed change or amendment within its zoning jurisdiction, giving notice by publication of a Class 3 notice under Ch. 985, Wis. Stats.
C.
The Joint Extraterritorial Zoning Commission shall mail notice to the clerk of the affected town.
§ 430-130 Council action.
A.
Following the public hearing and after careful consideration of the Plan Commission's and appropriate Joint Extraterritorial Zoning Commission's recommendations, the Council shall vote on the passage of the proposed change or amendment.
B.
An unfavorable recommendation of the Plan Commission on a proposed change or amendment may only be overruled by a three-fourths vote of the full Council's membership.
C.
A favorable vote of a majority of the six members of the appropriate Joint Extraterritorial Zoning Commission is required before the Council may adopt any changes or amendments affecting its extraterritorial zoning jurisdiction.
§ 430-131 Protests.
In the event of a protest against any 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 land included in such proposed change, or by the owners of 20% of more 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 street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the full Council's membership.