Burlington City Zoning Code
ARTICLE XII
Changes and Amendments
§ 315-117 Authority.
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.
§ 315-118 Initiation.
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.
§ 315-119 Petitions.
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.
§ 315-120 Hearing and notice.
[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.
§ 315-121 Recommendations.
[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.
§ 315-122 Action by Common Council.
[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.
§ 315-123 (Reserved) [1]
[1]
Editor's Note: Former § 315-123, Amendments related to floodplain zoning districts, as amended, was repealed 3-6-2012 by Ord. No. 1943(20).
§ 315-124 Amendments to Shoreland Wetland Overlay District.
[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. |
§ 315-125 (Reserved) [1]
[1]
Editor's Note: Former § 315-125, Protest, was repealed 3-21-2023 by Ord. No. 2093(14).