Zoneomics Logo
search icon

Stanley City Zoning Code

ARTICLE M

Changes And Amendments To The Zoning Code

13-1-240 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 and/or the Supplementary Floodland 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.

13-1-241 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 and/or the Supplementary Floodland Zoning Map to be made a part of this Chapter by reference.

13-1-242 Procedure For Changes Or Amendments; Down Zoning Voting

  1. 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-Treasurer. The person requesting such action shall provide all information requested on the petition including:
      1. Name and street address of the petitioner.
      2. The lot number of any real estate owned by the petitioner adjacent to the area proposed to be changed.
      3. Legal description of the property to be altered.
      4. The existing use of all buildings on such land.
      5. The principal use of all properties within three hundred (300) feet of such land.
      6. Purpose for which such property is to be used.
      7. Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this Chapter.
      8. Names and addresses of all abutting and opposite property owners within three (300) feet of the property to be altered.
      9. Plot plan or survey plat, drawn to scale, showing the property to be rezoned, location of structures, and property lines within three hundred (300) feet of the parcel.
      10. Any further information requested to the petition or which may be required by the Plan 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 Clerk-Treasurer and shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.
  2. Plan Commission Recommendation. The Common Council or the City 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 proposed amendment(s).
  3. Public Hearing.
    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 Chapter 985, Wis. Stats. At least ten (10) days' prior, written notice shall also be given to the clerk of any municipality within one thousand (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.
  4. Common Council Action; Rezoning Voting; Down Zoning.
    1. Following such public hearing, the Plan Commission shall make a recommendation on the proposed rezoning ordinance making the proposed rezoning, change or amendment. The Common Council shall than review the Plan Commission's recommendation and make its determination.
    2. The Common Council may enact a down zoning ordinance only if the ordinance is approved by at least two-thirds of the members-elect, except that if the down zoning ordinance is requested, or agreed to, by the person who owns the land affected by the proposed ordinance, the ordinance may be enacted by a simple majority of the members-elect.
    3. "Down zoning ordinance" means a zoning ordinance that affects an area of land in the following ways:
      1. By decreasing the development density of the land to be less dense than was allowed under its previous usage; or
      2. By reducing the permitted uses of the land that are specified in a zoning ordinance, or other land use regulation, to fewer uses than were allowed under its previous usage.

State Law Reference: Section 66.1005, Wis. Stats.

13-1-243 Protest

  1. Statutory Protest - Rezoning. In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the areas of the land included in such proposed change, or by the owners of twenty percent (20%) or more of the land immediately adjacent extending one hundred (100) feet therefrom, or by the owners of twenty percent (20%) or more of the land directly opposite thereto extending one hundred (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 (3/4) of the full Common Council membership.
  2. Statutory Protest - Zoning Code Text Amendment. In the event of protest against amendment to the text of the regulations of this Chapter, duly signed and acknowledged by twenty percent (20%) of the number of persons casting ballots in the last general election, it shall cause a three-fourths (3/4) vote of the full Common Council membership to adopt such amendment.