Whenever the public necessity, convenience, general welfare or good zoning practice requires, the village may, by ordinance, change the district boundaries established by this article and the zoning map incorporated herein or the supplementary floodland zoning map incorporated herein, or amend, change or supplement the text of the regulations established by this article or amendments thereto. The change or amendment shall be subject to the advisory review of the plan commission.

(Code 2003, § 13-1-180)

(a)

Initiation. A change or amendment may be initiated by the village board, the plan commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(b)

Petitions. Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the village administrator-clerk and shall 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:

(1)

A plot plan drawn to a scale of one inch equals 100 feet (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 200 feet of the area proposed to be rezoned.

(2)

The owners' names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.

(3)

Additional information required by the plan commission, village board or staff.

(c)

Recommendations. The plan commission shall hold a public hearing as provided for in Wis. Stats. § 62.23(7)(d) and 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 shall be made in writing to the village board.

(d)

Hearing; village board's action. The village board shall hold a public hearing as provided in Wis. Stats. § 62.23(7)(d) and section 54-654, review the plan commission's recommendation and make its determination.

(Code 2003, § 13-1-181)

The village board shall not permit changes to the floodland district boundaries that are inconsistent with the purpose and intent of this article or in conflict with the applicable rules and regulations of the state department of natural resources and the Federal Emergency Management Agency (FEMA):

(1)

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 one foot. Petitions for floodway 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.

(2)

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 100-year recurrence interval flood and provided that the land is contiguous to lands lying outside of the floodlands.

(3)

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 sections, 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 $125,000.00, the department of natural resources will assist the petitioner in determining the required flood elevations.

(4)

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.

(5)

Notice to DNR and FEMA. A copy of all notices for amendments or rezoning in the floodland districts shall be transmitted to the state department of natural resources and to the Federal Emergency Management Agency (FEMA) at least ten days prior to the public hearing. No amendments to the floodland district boundaries or regulations shall become effective until approved by the state department of natural resources.

(Code 2003, § 13-1-182)

(a)

Notice to DNR. The village shall transmit a notice of any change (text or map) in the C-1 district if the change affects land in the shoreland to the state department of natural resources. 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-clerk.

(2)

At least ten 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 ten days following the recommendation.

(4)

Notice of a village board decision no later than ten 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 storm or floodwater storage capacity; maintenance of dry season streamflow, 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 scare 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 the foregoing subsection that amendment, if approved by the village board, shall contain the following provision:

"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 shoreland ordinance for the village pursuant to Wis. Stats. § 61.351. If the department does so notify the village board, the effect of this amendment shall be stayed until the Wis. Stats. § 61.351 adoption procedure is completed or otherwise terminated."

(Code 2003, § 13-1-183)

(a)

In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of 20 percent or more, either of the areas of the land included in the proposed change, or by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of the opposite land, the changes or amendments shall not become effective except by the favorable vote of three-fourths of the full village board membership.

(b)

In the event of protest against amendment to the text of the regulations of this article, duly signed and acknowledged by 20 percent of the number of persons casting ballots in the last general election, it shall cause a three-fourths vote of the full village board membership to adopt the amendment.

(Code 2003, § 13-1-184)