Amendment Proposals.

Amendments to this Subchapter, or the Official West Allis Zoning Map, are within the legislative authority of the Common Council. The Common Council may, in the exercise of its discretion, entertain proposals for amendments upon petition of one or more owners of property to be affected by the proposed amendment. In such cases, the process outlined in this Section should be adhered to. However, nothing in this Section should be construed to in any manner define or limit the authority of the Common Council nor create any procedural right or entitlement.

(1) 

Criteria. In considering petitions for amendment, the Plan Commission and the Common Council shall use the following as guidelines:

(a) 

The property in question cannot be reasonably used as currently zoned.

(b) 

The proposed change is supported by the adopted City Comprehensive Land Use Plan.

(c) 

The change is consistent with the established land use pattern.

(d) 

The existing infrastructure, including the street system, public and private utilities and City-provided services, can accommodate the proposed change.

(e) 

The proposed change does not have a negative impact on the natural environment, including floodplains, natural drainage ways and natural areas within and adjacent to the City.

(f) 

The request constitutes a continuation or an extension of an existing Zoning District.

(g) 

A change in conditions in the area supports the proposed amendment or map change.

(h) 

The proposed request is consistent with the needs of the community.

(2) 

Procedures. The procedure for amending this Subchapter or the Zoning Map is as follows:

(a) 

The process begins with a written request from the applicant, addressed to the Mayor and Common Council and submitted to the City Clerk. The request shall state the proposed amendment to this Subchapter or the Zoning Map. The letter of application shall also include the reason for the request and any appropriate documentation and shall be accompanied by the necessary application fee. The Common Council has set a fee schedule for this process. The office of the City Clerk has a list of appropriate fees.

(b) 

Upon receipt of an application, the City Clerk will place the application on the agenda of the Common Council. The Common Council will refer the matter to the City Plan Commission for review and a recommendation. The City Plan Commission is advisory to the Common Council. All final decisions are made by the Common Council.

(c) 

The City Plan Commission will review the application in an open public session. Members of the public will be allowed to address the Commission and those public comments will be considered by the Commission in making their recommendation within sixty (60) days from referral of the application. Recommendations of the Commission will be forwarded to the Safety and Development Committee of the Common Council for further consideration.

(d) 

The Safety and Development Committee of the Common Council will meet to review the recommendations of the Plan Commission. As with the Commission, its meetings are open to the public. The public can make comments to the Committee with the approval of the Chair. The Safety and Development Committee will make its own decision on the application which may agree or disagree with that of the Plan Commission. The decision of the Committee will be forwarded to the Common Council along with the recommendation of the Plan Commission.

[Ord. O-2004-0044, 10/19/2004]

(e) 

If a majority of the Safety and Development Committee approve the application, a public hearing shall be scheduled by the Common Council. Notice of the time and place of the hearing shall be made in the official City newspaper as a Class II notice, as provided by law. In addition, the City Clerk shall mail notice of the hearing to property owners within two hundred (200) feet of the effected property at least ten (10) days prior to any such hearing, but failure to give such notice shall not invalidate any amendments.

[Ord. O-2004-0044, 10/19/2004]

(f) 

Following the public hearing and receipt of the recommendations of the Plan Commission and the Safety and Development Committee, the Common Council will render a final decision on the application. This decision will be to approve, disapprove or refer the application back to the Safety and Development Committee for further study.

(3) 

Re-application. No application for an amendment to this Subchapter, which has been wholly, or in part, disapproved may be resubmitted for a period of one (1) year from the date of final Common Council action on the original application, except in the case of new information or changed conditions which are found valid by the Common Council upon inspection.