(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 Village Board and shall be filed with the Village Administrator. 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 three hundred (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 general public interest and the purposes of this Chapter.
h. Names and addresses of all abutting and opposite property owners within three (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 three hundred (300) feet of the parcel.
j. 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 Village Board.
(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 Village Administrator and shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.
(b) Plan Commission Recommendation. The Village Board or the Village Administrator 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 recommenda- tion. In arriving at its recommendation, the Commission may on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).
(c) Public Hearing.
(1) The Village 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 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 Village Board may delegate to the Plan Commission the responsibility to hold public hearings as required under this Section.
(d) Village Board 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 Village Board shall than review the Plan Commission's recommendation and make its determination.
(2) The Village Board 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:
a. By decreasing the development density of the land to be less dense than was allowed under its previous usage; or
b. 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.