Can a property owner sign a
zoning protest petition if his or her property is within the distance
specified by statute but outside the municipality’s boundaries?
Yes. Wisconsin Statutes section
62.23(7)(d)2m.a allows property owners to file a petition protesting
rezoning if they live within a certain distance from the property
proposed to be rezoned. Nothing in the statute indicates that a person
must reside in the municipality to sign a protest petition. Therefore,
although there is no case law which answers this question, it is the
League’s opinion that a court would conclude that a property owner whose
property is located within the distance specified by statute must be
allowed to sign a protest petition regardless of whether his or her
property is located within the municipal boundaries.