Community Affairs To Discuss Zoning Protest Petitions Change

WAUWATOSA, WI—The Wauwatosa Community Affairs Committee will review a text amendment proposal which would eliminate the zoning protest petition, along with its supermajority voting requirement in the city.

The city has allowed owners or neighbors of land which is proposed for rezoning to file a protest petition, which forces any such map amendment to be passed by a 3/4 vote of the governing body.

The Wisconsin legislature eliminated the protest petition provision in 2019 but the city chose to maintain its zoning protest provision independently from state law, according to a memorandum by the city attorney.

"The Common Council recently suggested in its discussion that it now wished to eliminate the provision from local law in order to be more consistent with state law," the memorandum said.

The provision has been used in the past to limit or stop redevelopment when neighbors are not in favor of it, the memorandum said.

"It has been viewed as a limitation to new and novel uses of land, and sometimes its use has been seen to have a more negative impact by allowing such persons to object based upon the identity of the applicant for such changes," the memorandum said.

The memorandum also said housing experts think the provision creates a barrier to affordable and equitable housing.

The proposed change must first be acted upon by the Plan Commission, following a referral from the Common Council. It would come back to the Common Council for final action.

The Community Affairs Committee meets on Tuesday.