The Common Council may, from time to time, alter, supplement
or change the district boundaries and the regulations contained in
this chapter in accordance with the requirements of § 62.23(7)(d)2,
Wis. Stats., and the following:
A. A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the Department within five days
of the submission of the proposed amendment to the City planning agency.
B. All proposed text and map amendments to the shoreland-wetland zoning
regulations shall be referred to the City planning agency, and a public
hearing shall be held as required by § 62.23(7)(d)2, Wis.
Stats. The appropriate district office of the Department shall be
provided with written notice of the public hearing at least 10 days
prior to such hearing.
C. In order to ensure that the shoreland protection objectives in § 281.31,
Wis. Stats., will be accomplished by the amendment, the Common Council
may not rezone a wetland in a shoreland-wetland zoning district, or
any portion thereof, where the proposed rezoning may result in a significant
adverse impact upon any of the following:
(1) Stormwater and floodwater storage capacity;
(2) Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
(3) Filtering or storage of sediments, nutrients, heavy metals or organic
compounds that would otherwise drain into navigable waters;
(4) Shoreline protection against soil erosion;
(5) Fish spawning, breeding, nursery or feeding grounds;
(7) Areas of special recreational, scenic or scientific interest, including
scarce wetland types and habitat of endangered species.
D. Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection
C of this section, the Department shall so notify the City of its determination either prior to or during the public hearing held on the proposed amendment.
E. The appropriate district office of the Department shall be provided
with:
(1) A copy of the recommendations and report, if any, of the City planning
agency on the proposed text or map amendment within 10 days after
the submission of those recommendations to the Common Council; and
(2) Written notice of the Common Council's action on the proposed text
or map amendment within 10 days after the action is taken.
F. If the Department notifies the City planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection
C of this section, that proposed amendment, if approved by the Common Council, may not become effective until more than 30 days have elapsed since written notice of the Common Council approval was mailed to the Department, as required by Subsection
E of this section. If within the thirty-day period the Department notifies the Common Council that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the City under § 62.231(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under § 62.231(6), Wis. Stats., is completed or otherwise terminated.