Whenever the public necessity, convenience,
general welfare or good zoning practice require, the Common Council
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 City Plan Commission.
A change or amendment may be initiated by the
Common Council, City Plan Commission, 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 City Clerk,
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 a 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 300 feet of
the area proposed to be rezoned.
B. Owners' names and addresses of all properties lying
within 300 feet of the area proposed to be rezoned.
[Amended 11-18-2003 by Ord. No. 1740(20)]
C. Additional information required by the City Plan Commission
or Common Council.
[Amended 3-21-2023 by Ord. No. 2093(14)]
The Common Council delegates to the Plan Commission
the authority to hold a public hearing upon each proposed change or
amendment petition prior to the City Plan Commission giving a recommendation
on the proposed change or amendment. The City Plan Commission shall
give notice of the time, place, and the change or amendment proposed
by publication of a Class 2 notice under Ch. 985, Wis. Stats., for
the public hearing. The City shall also give at least 10 days' prior
written notice of the public hearing to the clerk of any municipality
within 1,000 feet of any land to be affected by the proposed change
or amendment and at least 10 days' prior written notice of the public
hearing to all property owners with 300 feet of any land to be affected
by the proposed change or amendment.
[Amended 6-1-1993 by Ord. No. 1437(9); 3-21-2023 by Ord. No. 2093(14)]
The City Plan Commission shall review all proposed
changes and amendments within the corporate limits and shall recommend
that the petition be granted as requested, modified, or denied. The
recommendation may be made at the same meeting in which the petition
is introduced unless a member of the Plan Commission objects; if there
is an objection, such recommendation may be put for action if 2/3
of the members present concur. The recommendation shall be made in
writing to the Common Council via ordinance or resolution.
[Amended 3-21-2023 by Ord. No. 2093(14)]
Following such public hearing and after careful
consideration of the City Plan Commission's recommendations, the Common
Council, at a duly noticed Common Council meeting, shall vote on the
passage of the proposed change or amendment petition.
[Added 4-6-1994 by Ord. No. 1467(40)]
The Common Council shall not permit changes
(text or map) in the Shoreland Wetland Overlay District that are not
consistent with the guidelines set forth below or in conflict with
the applicable rules and regulations of the Wisconsin Department of
Natural Resources (DNR).
A. Notice to the DNR. The City shall transmit a notice
of any change (text or map) in the SWO District 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 City Clerk.
(2) At least 10 days' prior notice of any public hearing
on an SWO District zoning amendment.
(3) Notice of a City Plan Commission recommendation no
later than 10 days following the recommendation.
(4) Notice of a Common Council decision no later than
10 days following the decision.
B. Review standards. No wetland in an SWO 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 type(s).
C. DNR objections. If the Department of Natural Resources
has notified the City Plan Commission that an amendment to the shoreland
portion of the SWO District may have a significant adverse impact
upon any of the criteria listed above, that amendment, if approved
by the Common Council, shall contain the following provisions:
|
This amendment shall not take effect until more
than 30 days have elapsed since written notice of the Common Council's
approval of this amendment was mailed to the Department of Natural
Resources. During that thirty-day period, the Department of Natural
Resources may notify the Common Council that it will adopt a superseding
shoreland ordinance for the City pursuant to § 62.231, Wis.
Stats. If the Department does so notify the Common Council, the effect
of this amendment shall be stayed until the § 62.231, Wis.
Stats., adoption procedure is completed or otherwise terminated.
|