Whenever the public necessity, convenience, general welfare or good zoning practice requires, the common council may, by ordinance, change the district boundaries established by this title and the zoning map incorporated herein and/or the supplementary floodland zoning map incorporated herein, or amend, change, or supplement the text of regulations established by this title or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the planning commission.

(Prior Code, § 13-1-260; Code 1998, § 17.84.010; Ord. No. 346, § 1(part), 1997)

The common council, the planning commission, the zoning board of appeals, and other government bodies and any private petitioners may apply for an amendment to the text of this title to the district boundaries established or by amendments hereto in the accompanying zoning map made a part of this title and/or the supplementary floodland zoning map to be made a part of this title by reference.

(Prior Code, § 13-1-261; Code 1998, § 17.84.020; Ord. No. 346, § 1(part), 1997)

A.

Petition.

1.

Petitions for any change to district boundaries, maps or amendments to the text regulations shall be addressed to the common council and filed with the zoning official. The person requesting such action shall provide all information requested on the petition including:

a.

The name and street address of the petitioner;

b.

The lot number of any real estate owned by the petitioner adjacent to the area proposed to be change;

c.

The legal description of property to be altered;

d.

The existing use of all buildings on such land;

e.

The principal use of all properties within 200 feet of such land (parcel);

f.

The purpose for which the property is to be used;

g.

Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this title;

h.

The names and addresses of all abutting and opposite property owners within 200 feet of the property which is be altered;

i.

Plot plan or survey plat, drawn to scale, showing the property to be rezoned, location of structures, and property lines within 200 feet of parcel;

j.

Any further information requested to the petition or which may be required by the planning commission to facilitate the making of a comprehensive report to the common council.

2.

Failure to supply such information shall be grounds for dismissal of the petition.

3.

A petition for change or amendment submitted by a private property owner shall be prepared in triplicate and filed with the city administrator/clerk and shall be accompanied by the appropriate fee to defray the costs of giving notice, investigation, and other administrative processing.

B.

Recommendations. The council or city administrator shall cause the petition to be forwarded to the planning commission for its consideration and recommendation. The planning commission shall review all proposed amendments to the text and zoning map 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 planning commission's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the planning commission may on occasion, of its own volition, conduct its own public hearing on proposed amendments.

C.

Hearings.

1.

The common council, following receipt of recommendation of the planning 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 Wis. Stats. ch. 985. At least ten 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.

2.

The common council may delegate to the planning commission the responsibility to hold public hearings as required under this section.

D.

Common Council's Action. Following such hearing and after consideration of the planning commission's recommendations, the common council shall vote on the proposed ordinance effecting the proposed change or amendment. A three-fourths vote of the full common council membership is required to override the planning commission's determination.

(Prior Code, § 13-1-262; Code 1998, § 17.84.030; Ord. No. 346, § 1(part), 1997)

In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of 20 percent or more, either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent 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 three-fourths of the full common council membership.

(Prior Code, § 13-1-263; Code 1998, § 17.84.040(B); Ord. No. 346, § 1(part), 1997)