Mazomanie Village City Zoning Code
ARTICLE XII
Amendments
§ 415-95 Authority.
Whenever the public necessity, convenience, general welfare or good zoning practice require, the Village Board may, by ordinance, change the district boundaries established by this chapter and the 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.
§ 415-96 Initiation.
The Village Board, the Village Plan Commission, the Zoning Board of Appeals and other governmental bodies and any private petitioners may apply for an amendment to the text of this chapter or to the district boundaries hereby established or by amendments hereto in the accompanying Zoning Map made a part of this chapter.
§ 415-97 Procedure.
A.
Petitions for any change to the district boundaries and map(s) or amendments to the text regulations shall be addressed to the Village Board and shall be filed with the Zoning Administrator, describe the premises to be rezoned or the portions of the text regulations to be amended, list the reasons justifying the petition, specify the proposed use, if applicable, and have attached the following, if the petition is for change of district boundaries:
(1)
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 300 feet of the area proposed to be rezoned.
(2)
Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.
(3)
Additional information as may be required by the Plan Commission or Village Board.
B.
Recommendations. The Village Board or the Village 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 Map(s) 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 the proposed amendment(s).
C.
Hearings.
(1)
The Village Board, 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 Ch. 985, Wis. Stats. At least 10 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.[1]
(2)
The Village Board may delegate to the Plan Commission the responsibility to hold public hearings as required under this section.
D.
Board action. Following such hearing and after consideration of the Plan Commission's recommendations, the Village Board shall vote on the proposed ordinance effecting the proposed change or amendment.
§ 415-98 Protest.
A.
In the event of a protest against amendment to the Zoning Map, duly signed and acknowledged either by the owners of 20% or more of the areas of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite therefrom 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 Village Board membership.
B.
In the event of protest against amendment to the text of the regulations of this chapter, duly signed and acknowledged by 20% of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full Village Board membership to adopt such amendment.