§ 86-64. Changes or amendments.

(a)

Generally. 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.

(b)

Procedures.

(1)

Petition.

a.

Petitions for any change to the district boundaries and maps or amendments to the text regulations shall be addressed to the common council and shall be filed with the 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 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 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 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 council.

b.

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

c.

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

(2)

Recommendations. The common council or the 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 maps 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 amendments.

(3)

Hearings.

a.

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 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.

b.

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

(4)

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 three-fourths vote of the full common council membership is required to override the plan commission's determination.

(Code 1994, § 13-1-262)