Muskego City Zoning Code
ARTICLE XXIII
Changes and Amendments
§ 400-217 Authority.
Pursuant to the provisions of § 62.23(7), Wis. Stats., the Common Council may, after first submitting the proposal to the Plan Commission for report and recommendation and after notice and public hearing as hereinafter provided, amend the regulations of this chapter or change the district boundaries.
§ 400-218 General amendment procedure.
A.
Initiation. A proposal to amend the text or change the district mapping of this chapter may be initiated by the Common Council on its own motion, by recommendation of the Plan Commission, or by petition of one or more property owners.
B.
Filing of petition. A petition for change or amendment submitted by a private property owner shall be prepared on printed forms provided for the purpose and filed with the Public Works and Development Director or designee and shall be accompanied by a fee, as from time to time established by resolution of the Common Council, to defray the cost of giving notice, investigation and other administrative processing.
C.
Data required. In addition to all information required on the petition form, the petitioner shall supply the following:
(1)
A plot map drawn in triplicate to a scale no smaller than 100 feet to the inch for tracts of less than 10 acres and no smaller than 200 feet to the inch for tracts of 10 acres or more showing the land in question, its location, the length and direction of each boundary thereof, the location and the existing use of all buildings on such land and the principal use of all properties within 300 feet of such land.
(2)
The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed change.
(3)
Any further information which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Common Council.
D.
Plan Commission review and recommendation. The Public Works and Development Director or designee shall transmit without delay one copy of such petition to the Plan Commission. The Plan Commission shall conduct a study and investigation and, where deemed desirable, an informal hearing and report its recommendation to the Common Council within a reasonable time once docketed on the Plan Commission agenda, unless a longer period is stipulated by the Common Council. If the Plan Commission determines that the services of a professional planning consultant are required to determine the feasibility of a zoning change, the fees incurred for such study shall be the responsibility of the petitioner.
E.
Official hearing. The Common Council shall hold a public hearing upon the petition in the manner provided by Article II of this code.
F.
Action.
(1)
As soon as possible after such public hearing the Common Council shall act to approve, modify and approve, or disapprove the proposed change or amendment.
(2)
The Common Council shall not take action without first having the Plan Commission review the proposed change or amendment.
(3)
An approved change shall be by appropriate ordinance, and necessary changes in the Zoning Map or text shall thereafter be made by the Public Works and Development Department in a timely manner.
G.
Protest. In case of protest against a change duly signed and acknowledged by the owners of 20% or more either of the area of land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent and 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, an amendment shall not become effective except by the favorable vote of 3/4 of the members of the Council voting on the proposed change.[1]
 |