Trenton Town Washington County
City Zoning Code
City Zoning Code
ARTICLE XII
Changes and Amendments
§ 380-120 Authority.
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Town Board 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.
§ 380-121 Initiation.
A change or amendment may be initiated by the Town Board or Town Plan Commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
§ 380-122 Procedure.
A.
Request for changes. Petitions for any change to the district boundaries and map(s) or amendments to the text regulations shall be filed with the Town Clerk, describe the premises to be rezoned or the portions of the text regulations to be amended, list the reasons justifying the petition, specify the proposed use, if applicable, and have attached the following, if the petition is for change of district boundaries:
(1)
Plot plan, drawn to a scale of one inch equals 100 feet, showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.
(2)
Owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.
(3)
Additional information as may be required by the Plan Commission or Town Board.
B.
Recommendations.
(1)
The Town 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 limits of the Town 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 the proposed amendment(s).
(2)
The Plan Commission shall recommend changes which remove areas from the EA or AT District only after a consideration of findings with respect to the following:
(a)
Adequate public facilities to accommodate development either exist or will be provided within a reasonable time;
(b)
Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of local units of government to provide them; and
(c)
The land proposed for rezoning is suitable for development, and development will not result in undue water and air pollution, cause unreasonable soil erosion or have an unreasonable adverse effect on rare or irreplaceable natural resources.
(3)
The Town Board shall notify the Wisconsin Department of Agriculture, Trade and Consumer Protection of any change in the EA or AT District.
C.
Hearings.
(1)
The Town Board, 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 and the owners of all lands included in the petition and the owners of all lands within 200 feet of lands included in the petition. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
(2)
The Town Board shall hold public hearings as required under this section.
D.
Board's action. Following such hearing and after consideration of the Plan Commission's recommendations, the Town Board shall vote on the proposed ordinance effecting the proposed change or amendment.
§ 380-123 Protest.
A.
In the event of a protest against an 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 3/4 of the full Town Board 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 3/4 vote of the full Town Board membership to adopt such amendment.