Port Washington City Zoning Code
ARTICLE VI
Changes and Amendments
§ 485-22 Authority to adopt amendments.
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.
§ 485-23 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 on a form provided by, and filed with, the Building Inspector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 scale no smaller than 100 feet to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 200 feet of such land.
(2)
The names and addresses of the owners of all properties within 200 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.
Referral.
(1)
The Building Inspector shall transmit without delay one copy of such petition to the Plan Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
The Plan Commission shall conduct a study and investigation and, where deemed desirable, an informal hearing and report its recommendation to the Common Council as promptly as possible.
E.
Official hearing. The Common Council shall hold a public hearing upon the petition in the manner provided by Article VII of this chapter.
F.
Notice. Notice of any proposed change in district boundaries and a copy of the public hearing notice shall be sent by regular mail to all owners of property within 200 feet of the property for which the change is proposed.
G.
Action.
(1)
After such public hearing and no later than the second Council meeting following receipt of the Plan Commission's recommendations, 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 having first heard the recommendations of the Plan Commission. Should the Council not concur in the recommendation of the Plan Commission, it shall re-refer the matter to the Plan Commission for reconsideration before taking final action.
(3)
An approved change shall be by appropriate ordinance, and necessary changes in the Official Zoning Map or text shall be made promptly.
H.
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 area of 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, and filed with the City Clerk no later than the close of work the day preceding the Common Council vote on the change, such change shall require a favorable vote of 3/4 of the Common Council for passage.
§ 485-24 Effective date of amendment.
Any map change or text amendment shall become effective upon passage and publication.
§ 485-25 Annexed lands.
A petition for a direct annexation, or a petition for referendum on the question of annexation, shall be filed with the City Clerk pursuant to the provisions of § 66.0217, Wis. Stats.
A.
Temporary zoning. Pursuant to § 66.0217(8), Wis. Stats., the Common Council shall refer to the Plan Commission, for recommendation as to temporary zoning classification, any land being considered for annexation and shall include in the annexing ordinance a provision designating temporary zoning classification for such area.
B.
Permanent zoning. As soon as practical after the annexation is final, the zoning classification for such annexed area shall be established by amendment according to the regular procedure outlined in this article.