Description: From time to time, it may be necessary or desirable to amend the text of the zoning code and the zoning map. Procedures and requirements are found in Division 1 of Article 7.

Initiation: Any of the following may submit an application:

1. a property owner in the area to be affected by the proposed amendment,
2. the zoning administrator,
3. the Plan Commission,
4. the Zoning Board of Appeals,
5. the Mayor, and
6. the Common Council.

Decision-maker(s): Plan Commission makes a recommendation and the Common Council makes the final decision

Application fee: $200

Submittal deadline: 30 days before the Plan Commission meeting

Decision criteria: 
  (a) Text amendment. If a proposed amendment would revise the text of this chapter, the Plan Commission in making its recommendation and the Common Council in making its decision shall consider the following factors:

1. whether the amendment is consistent with the City’s comprehensive plan;
2. whether the amendment is consistent with other planning documents adopted by the Common Council;
3. whether this chapter with the amendment is internally consistent;
4. whether the amendment is the least restrictive approach to address issues of public health, safety, and welfare;
5. the extent to which the text amendment will likely create new nonconforming uses and structures;
6. if the proposed amendment relates to floodplain regulations, whether the chapter as amended complies with ss. 62.23 and 87.30, Wis. Stats., ch. NR 116, Wis. Admin. Code, and other state laws;
7. if the proposed amendment relates to shoreland-wetland regulations, whether the chapter as amended complies with s. 62.231, Wis. Stats.; ch. NR 117, Wis. Admin. Code; and other state laws;
8. whether the proposed amendment is needed to comply with a new or revised state or federal law; and
9. any other factor not specifically or generally listed, but deemed appropriate by the Plan Commission or Common Council given the particular circumstances.

  (b) Zoning map amendment. If a proposed amendment would revise the zoning map, the Plan Commission in making its recommendation and the Common Council in making its decision shall consider the following factors:

1. whether the amendment is consistent with the City’s comprehensive plan, including future land use maps or similar maps;
2. whether the amendment is consistent with other planning documents adopted by the Common Council;
3. the extent to which the amendment will or will likely increase or decrease the number of nonconforming uses and structures ; and
4. any other factor not specifically or generally listed, but deemed appropriate by the Plan Commission or Common Council given the particular circumstances.

  (c) Special review criteria for amendments to the shoreland-wetland overlay district boundary. To ensure this chapter remains consistent with the shoreland protection objectives of s. 144.26, Wis. Stats., the Common Council shall 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 wetland functions:

1. storm and flood water 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 erosion;
5. fish spawning, breeding, nursery, or feeding grounds;
6. wildlife habitat; or
7. areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.

Procedure:

1. Submittal of application materials. The applicant shall submit a complete application to the zoning administrator along with the application fee as may be established by the Common Council.
2. Distribution to Department of Natural Resources. If the proposed amendment would revise floodplain or shoreland-wetland regulations in this chapter, the zoning administrator shall send a copy of the application to the regional office of the Wisconsin Department of Natural Resources within 5 days of receipt.
3. Staff review. Within 30 days of submittal, the zoning administrator shall either schedule a date for the public hearing with the Plan Commission if the application is deemed complete or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
4. Special notice to airport. If the application is for any change in an airport affected area, as defined in s. 62.23(6)(am)1.b., Wis. Stats., the zoning administrator shall mail a copy of the notice by regular mail to the owner or operator of the airport bordered by the airport affected area.
5. Special notice to specified municipaliies. At least 10 days prior to the date of the public hearing, the zoning administrator shall give notice of the proposed amendment to the clerk of any municipality whose boundary are within 1,000 feet of any lands included in the proposed amendment.
6. Special notice to Department of Natural Resources. If the proposed amendment would revise the floodplain regulations in this chapter, the zoning administrator shall send a copy of the  public hearing notice to the regional office of the Wisconsin Department of Natural Resources at least 10 days before the date of the public hearing.
7. General notice by type of application. If a proposed amendment would revise the text of this chapter, the zoning administrator shall provide for class 2 public notice, distribution list notice, and meeting agenda notice consistent with Division 2 of Article 6. If a property owner initiates a proposed amendment that would revise the zoning map, the zoning administrator shall provide for class 2 public notice, property owner notice, distribution list notice, and meeting agenda notice consistent with Division 2 of Article 6. If the City initiates a proposed amendment that would revise the zoning map, the zoning administrator shall provide for class 2 public notice, distribution list notice, and meeting agenda notice consistent with Division 2 of Article 6.
8. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and Common Council, the applicant, and any other interested person upon request.
9. Public hearing. Allowing for proper notice, the Plan Commission and the Common Council shall conduct a joint public hearing to review the application consistent with Division 3 of Article 6. Prior to the close of the public hearing, the applicant, the Plan Commission, or the Common Council may request a continuance consistent with Division 3 of Article 6.
10. Recommendation. After considering the public comments received at the public hearing and the staff report, the Plan Commission, no more than 40 days after the public hearing, shall make a recommendation to the Common Council based on the decision criteria contained in this division to (1) approve the amendment, (2) approve the amendment with conditions, or (3) deny the amendment.
11. Transmittal of recommendation. If the Plan Commission action is favorable, the zoning administrator shall draft an ordinance effectuating its determination. If the Plan Commission action is not favorable, the Plan Commission shall report its determination to the Common Council including its reasons for denial.
12. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
13. Common Council meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
14. Decision. The Common Council after considering the Plan Commission’s recommendation shall make a decision based on the decision criteria contained in this division to (1) approve the amendment, (2) approve the amendment with conditions, or (3) deny the amendment.
15. Required vote with a protest by qualified property owners. An amendment to the zoning map may not become effective except upon a favorable vote of 3/4 of the Common Council members voting on the proposed change when (1) those owning 20 percent or more of the land area within the proposed map amendment file a written protest, (2) those owning 20 percent or more of the land area within 100 feet of the proposed map amendment file a written protest, or (3) those owning 20 percent or more of the land directly opposite of the proposed map amendment but within 100 feet of the street frontage file a written protest.[2]
16. Required vote with protest of airport. If a proposed amendment would make any change in an airport affected area, as defined under s. 62.23(6)(am)1.b., Wis. Stats., and the owner or operator of the airport bordered by the airport affected area files a protest against the proposed amendment, no ordinance which makes such change may be approved except by the affirmative vote of two-thirds of the members of the Common Council present and voting.[3]
17. Preparation of decision notice. Based on the action of the Common Council, the zoning administrator shall prepare a decision notice consistent with this division.
18. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
19. Notification to Department of Natural Resources. If the proposed amendment is approved and modifies the floodplain regulations or shoreland wetland regulations in this chapter, the zoning administrator shall mail a copy of the ordinance to the regional office of the Wisconsin Department of Natural Resources within 10 days of the date of decision.
20. Preparation of new zoning map. If the proposed amendment is approved and modifies the zoning map, the zoning administrator shall cause a new zoning map to be prepared consistent with Division 2 of Article 8.

---