City of Madison - File #: 46996

• File #: 46996
• Version: 2
• Name: Changing the deadline for filing, changing & withdrawing a protest petition
• Type: Ordinance
• Status: Passed
• File created: 4/24/2017
• In control: PLAN COMMISSION
• On agenda: 5/2/2017
• Final action: 6/6/2017
• Enactment date: 6/20/2017
• Enactment #: ORD-17-00053
• Title: SUBSTITUTE Amending Sections 28.182(5)(c)4.of the Madison General Ordinances to change the deadline for filing, changing, and withdrawing a protest petition.
• Sponsors: Ledell Zellers, Marsha A. Rummel

Date	Ver.	Action By	Action	Result
6/6/2017	1	COMMON COUNCIL	Adopt and Close the Public Hearing	Pass
6/6/2017	2	COMMON COUNCIL EXECUTIVE COMMITTEE	RECOMMEND TO COUNCIL WITH THE FOLLOWING RECOMMENDATIONS - PUBLIC HEARING	Pass
5/22/2017	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
5/2/2017	1	COMMON COUNCIL EXECUTIVE COMMITTEE	Refer
5/2/2017	1	COMMON COUNCIL	Refer	Pass
4/24/2017	1	Attorney's Office/Approval Group	Referred for Introduction

Fiscal Note
No fiscal impact.
Title
SUBSTITUTE Amending Sections 28.182(5)(c)4.of the Madison General Ordinances to change the deadline for filing, changing, and withdrawing a protest petition.
Body
DRAFTER'S ANALYSIS: Currently, Sec. 28.182(5)(c)4.c., MGO, requires that a protest petition be filed by noon on the Thursday preceding final Common Council consideration of a zoning map amendment. This ordinance changes that deadline to noon on the Monday before the proposed map amendment is initially set for final Common Council consideration.

This change will allow individuals wishing to protest a zoning map amendment three additional days to compile their petition. Furthermore, by including the requirement that they be filed before the proposed amendment is initially set for final Common Council consideration, this ordinance also eliminates the possibility that additional protest petitions can be filed if, for some reason, the proposed map amendment is referred to a future meeting. Consistent with these changes, this ordinance also changes the deadline for withdrawing a protest petition and provides a deadline for making any changes to a petition. While these changes give petitioners more time to file a petition, they potentially to leave staff with even less time before the Common Council meeting to determine if a petition is valid. Thus, this ordinance also provides that if a protest petition is filed after noon on the Thursday before the Common Council meeting the matter shall be automatically referred to the next Common Council meeting so that staff has enough to time to determine if the petition is valid.

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The Common Council of the City of Madison do hereby ordain as follows:

Paragraph 4. entitled “Protest Petition Procedure” of Subdivision (c) entitled “Protest Petition” of Subsection (5) entitled “Decision” of Section 28.182 entitled “Text and Map Amendments” of...