§ 60-338. Initiation of changes or amendments.

(a)

Initiation. A change or amendment may be requested by the plan commission and town board or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(b)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the town clerk, with payment of applicable fees, and shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

(1)

A plat plan or a plat of survey prepared by a registered land surveyor drawn to a scale of one inch equals 200 feet showing:

a.

The area proposed to be rezoned;

b.

Its location;

c.

Its dimensions;

d.

The location and classification of adjacent zoning districts; and

e.

The location and existing use of all properties and buildings within 300 feet of the area proposed to be rezoned.

(2)

The owners' names and addresses of all properties lying within 300 feet of the boundary line of the area proposed to be rezoned.

(3)

Petitioner's name, address, phone number, and interest in property (e.g., owner, broker, etc.).

(4)

Existing and proposed zoning district.

(5)

Proposed use (i.e., a statement of the type, extent, area, etc., of any development project).

(6)

Compatibility with adjacent lands (i.e., a statement of land uses and impact of zoning change).

(7)

Legal description of property to be rezoned.

(8)

Additional information required by the town board.

(c)

Recommendation. The plan commission shall review all proposed changes and amendments within the limits of the town and shall provide a written recommendation to the town board that the petition be granted as requested, modified, or denied. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

(1)

Existing uses or property within the general area of the property in question.

(2)

Zoning classification of property within the general area of the property in question.

(3)

Suitability of the property in question to the uses permitted under the existing zoning classification.

(4)

Trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.

(5)

The plan commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant.

(6)

The plan commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant.

(d)

Hearings. The town board shall, after publishing a Class 2 notice under Wis. Stats. ch. 985, hold a public hearing upon each proposed amendment. The notice shall list the time, place and the changes or amendments proposed. The town clerk shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment and to all property owners within 300 feet of the boundary lines of the areas of land included within the proposed amendment.

(e)

Town board's action. Following such hearing and after careful consideration of the plan commission's written report and recommendations, the town board shall vote on the passage of the proposed changes or amendments.

(Code 2006, § 13-1-181)