Whenever the public necessity, convenience,
general welfare, or good zoning practice require, the Village Board
of Trustees may, by ordinance, change the district boundaries or amend,
change, or supplement the regulations established by this chapter
or amendments thereto. Such change or amendment shall be subject to
the review and recommendation of the Village Plan Commission and,
where appropriate, the Community Development Authority.
A change or amendment may be initiated by the
Village Board, Village Plan Commission or Community Development Authority,
or by a petition of one or more of the owners or lessees of property
within the area proposed to be changed.
Petitions for any change to the district boundaries
or amendments to the regulations shall be filed with the Village Administrator,
describe the premises to be rezoned or the regulations to be amended,
list the reasons justifying the petition, specify the proposed use,
and have attached the following:
A.
Plot plan drawn to scale of one inch equals 100 feet
showing the area proposed to be rezoned, its location, its dimensions,
the location and classification of adjacent zoning districts, and
the location and existing use of all properties within 250 feet of
the area proposed to be rezoned.
B.
Owners' names and addresses of all properties lying
within 250 feet of the area proposed to be rezoned.
C.
Additional information required by the Village Plan
Commission or Village Board.
The Village Plan Commission shall review all
proposed amendments within the corporate limits and shall recommend
that the petition be granted as requested, modified and granted, or
denied. The Community Development Authority shall also review the
proposed creation or amendment of any special district for the purpose
of economic development, redevelopment, housing development, and/or
blight elimination and shall recommend that the petition be granted
as requested, modified and granted, or denied.
The Village Board shall hold a public hearing upon each proposed change or amendment giving public notice thereof as specified in Article XVI of this chapter, listing the time, place, and the change or amendment proposed. The Village Board shall also give at least 10 days' prior written notice to the Clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.
As soon as possible after such public hearing,
and after careful consideration of the Village Plan Commission's recommendations,
the Village Board shall act on the proposed change or amendment either
approving, modifying and approving, or disapproving of the same.
A.
Changes in the FWO Floodway Overlay District boundaries
shall not be permitted where the change will increase the flood stage
elevation by 0.01 foot or more, unless the petitioner has made appropriate
legal arrangements with all affected units of government and all property
owners affected by the stage increase. In no event shall a change
be permitted that would increase the flood stage elevation by more
than 1.0 foot. Petitions for Floodway Overlay District changes shall
show the effects of the change within the associated flood fringe,
and shall provide adjusted water surface profiles and adjusted floodland
limits to reflect the increased flood elevations.
B.
Removal of land from the floodland districts shall
not be permitted unless the land has been filled to an elevation at
least two feet above the elevation of the one-hundred-year recurrence
interval flood and provided that such land is contiguous to lands
lying outside of the floodlands.
C.
Amendment of floodlands which were delineated by approximate
methods shall not be permitted unless the petitioner provides the
Village with engineering data showing the flood profile, necessary
river cross section, flood elevations, and any effect the establishment
of a floodway/flood fringe will have on flood stages. The effects
shall be limited as set forth above for changes in the FWO District.
If the approximate flood zone is less than five acres in area, and
where the cost of the proposed development is estimated to be less
than $125,000, the Department of Natural Resources (DNR) will assist
the petitioner in determining the required flood elevations.
D.
No river or stream shall be altered or relocated until
a floodland zoning change has been applied for and granted in accordance
with the requirements of this section, and until all adjacent communities
have been requested to review and comment on the proposed alteration
or relocation. The flood-carrying capacity of the altered or relocated
watercourse shall not be reduced to less than the flood-carrying capacity
before the watercourse was altered or relocated.
E.
Notice to DNR: A copy of all notices for amendments
or rezoning in the floodland districts shall be transmitted to the
Wisconsin Department of Natural Resources (DNR) at least 10 days prior
to the public hearing. No amendments to the floodland district boundaries
or regulations shall become effective until approved by the DNR. In
the case of floodland district boundary changes, an official letter
of map amendments from the FEMA may also be required.
A.
Notice to DNR. The Village shall transmit a notice of any change (text or map) in the C-1 District if such change affects land in the shoreland, as defined in Article XVII of this chapter, to the Wisconsin Department of Natural Resources (DNR). Notice requirements shall be as follows:
(1)
A copy of every petition for a text or map change
mailed within five days of filing with the Village Administrator.
(2)
At least 10 days prior notice of any public hearing
on a Shoreland C-1 zoning amendment.
(3)
Notice of a Village Plan Commission recommendation
no later than 10 days following the recommendation.
(4)
Notice of a Village Board decision no later than 10
days following the decision.
B.
Review standards. No wetland in a Shoreland C-1 District
shall be rezoned if the rezoning may result in a significant adverse
impact on stormwater or floodwater storage capacity; maintenance of
dry season stream flow, the discharge of groundwater from the wetland
to another area, or the flow of groundwater through a wetland; filtering
or storage of sediments, nutrients, heavy metals, or organic compounds
that would otherwise drain into navigable waters; shoreline protection
against soil erosion; fish spawning, breeding, nursery or feeding
grounds; wildlife; habitat; or areas of special recreational, scenic
or scientific interest, including scarce wetland types.
C.
DNR objections. If the DNR has notified the Village Plan Commission that an amendment to the shoreland portion of the C-1 District may have a significant adverse impact upon any of the criteria listed in Subsection B above, that amendment, if approved by the Village Board, shall contain the following provision:
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"This amendment shall not take effect until
more than 30 days have elapsed since written notice of the Village
Board's approval of this amendment was mailed to the Department of
Natural Resources. During that 30-day period, the Department of Natural
Resources may notify the Village Board that it will adopt a superseding
shore land ordinance for the Village pursuant to Section 61.351 of
the Wisconsin Statutes. If the Department does so notify the Village
Board, the effect of this amendment shall be stayed until the Section
61.351 adoption procedure is completed or otherwise terminated."
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In the event of a protest against such district
change or amendment to the regulations of this chapter, duly signed
and acknowledged by the owners of 20% or more of the areas of the
land included in such proposed change, or by the owners of 20% or
more of the area of the land immediately adjacent extending 100 feet
therefrom, or by the owners of 20% or more of the land directly opposite
thereto extending 100 feet from the street frontage of such opposite
land, such change or amendment shall not become effective except by
the favorable vote of 3/4 of the full Village Board membership.
