Prescott City Zoning Code
ARTICLE XV
Changes and Amendments
§ 635-123 Authority.
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 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.
§ 635-124 Initiation of changes or amendments.
The Common Council, the Plan Commission, the Zoning Board of Appeals and other government bodies and any private petitioners may apply for an amendment to the text of this chapter, to the district boundaries hereby established or by amendments hereto in the accompanying zoning map made a part of this chapter.
§ 635-125 Procedure for changes or amendments.
[Amended 4-14-2025 by Ord. No. 04-25]
A.
Petition.
(1)
Petitions for any change to the district boundaries and map(s) or amendments to the text regulations shall be addressed to the Common Council and shall be filed with the City Clerk. The person requesting such action shall provide all information requested on the petition including:
(a)
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 changed.
(c)
Legal description of the property to be altered.
(d)
The existing use of all buildings on such land.
(e)
The principal use of all properties within 300 feet of such land.
(f)
Purpose for which such property is to be used.
(g)
Reciting of facts indicating that the proposed change will not be detrimental to the public interest and the purposes of this chapter.
(h)
Names and addresses of all abutting and opposite property owners within 300 feet of the property to be altered.
(i)
Plot plan or survey plat, drawn to scale, showing the property to be rezoned, location of structures, and property lines within 300 feet of the parcel.
(j)
Any further information requested, or which may be required by the Plan Commission to facilitate the making of a comprehensive report to the 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 Clerk and shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation, and other administrative processing.
B.
Recommendations. The Common Council or the City Clerk 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 proposed amendment(s).
C.
Hearings.
(1)
The Common Council, 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.
(2)
The Common Council may delegate to the Plan Commission the responsibility to hold public hearings as required under this section.
D.
Council's action. Following such hearing and after consideration of the Plan Commission's recommendations, the Common Council shall vote on the proposed ordinance effecting the proposed change or amendment. A simple majority vote of the full Common Council membership is required to override the Plan Commission's determination.
§ 635-126 Protest.
[Amended 4-14-2025 by Ord. No. 04-25]
A.
In the event of a protest against amendment to the Zoning Map, duly signed and acknowledged by the owners of 20% or more, either 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 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 a simple majority of the full Common Council 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 simple majority vote of the full Common Council membership to adopt such amendment.