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, 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 which 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)

Owner's names and addresses of all properties lying within 300 feet of the area proposed to be rezoned.

(c)

Additional information required by the city plan commission or common council.

The 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 shall be made at a plan commission meeting subsequent to the common council meeting at which the petition is first submitted and shall be made in writing to the common council.

(a)

The common council shall hold a public hearing upon each proposed change or amendment recommended by the plan commission, giving notice of the time, place, and the change or amendment proposed by publication of a Class Two notice under Wis. Stats. ch. 985 and as specified in section 13-1-229 of this chapter.

(b)

The common council may delegate to the plan commission the responsibility to hold public hearings as required under this section.

Following such hearing and after careful consideration of the city plan commission's recommendations, the common council shall vote on the passage of the proposed change or amendment.

The common council shall not permit changes to the floodland district boundaries that are inconsistent with the purpose and intent of this ordinance or in conflict with the applicable rules and regulations of the Wisconsin Department of Natural Resources(DNR) and the Federal Emergency Management Agency (FEMA), described as follows:

(a)

Changes in the FW Cedar Creek Floodway and FPC Floodplain Conservancy District boundaries shall not be permitted for flood stage increases equal to or exceeding 0.01 foot in height unless the petitioner has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. Petitions for floodway 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. No increase in flood stage shall be permitted to exceed one foot.

(b)

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 further provided that such lands are contiguous to lands lying outside of the floodlands.

(c)

Amendment to unnumbered "A" Zones shall not be permitted unless the petitioner provides the city with engineering data showing the flood profile, necessary river cross-sections, flow elevations, and any effect the establishment of a floodway/flood fringe will have on flood stages. The effects shall be limited as set forth in this section. If the unnumbered "A" Zone is less than five acres in area and where the cost of the proposed development is estimated to be less than 100 $125,000.00, the Department of Natural Resources (DNR) will assist the petitioner in determining the required flood elevations.

(d)

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.

(e)

Notice to DNR and FEMA. A copy of all notices for amendments or rezoning in the floodland districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA). Amendments to the floodland district boundaries or regulations shall not become effective until approved by the DNR and the FEMA. In the case of floodland district boundary changes, an official letter of map amendment from the FEMA shall also be required.

Changes to the C-1 Shoreland Wetland/Conservancy District shall further be limited to the following:

(a)

Notice to DNR. The city shall transmit a notice of any change (text or map) in the SW Shoreland Wetland/Wetland Overlay District if such change affects land in the shoreland, as defined in this chapter, 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 ten days' prior notice of any public hearing on a SW Shoreland Wetland/Wetland Overlay District zoning amendment.

(3)

Notice of a city plan commission recommendation no later than ten days following the recommendation.

(4)

Notice of a common council decision no later than ten days following the decision.

(b)

Review standards. No wetland in a SW Shoreland Wetland/Wetland Overlay 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 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 types.

(c)

DNR objections. If the DNR has notified the plan commission that an amendment to the shoreland portion of the SW Shoreland Wetland/Wetland Overlay 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 provision:

This amendment shall not take effect until more than 30 days have elapsed since written notice of the common councils' 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 common council that it will adopt a superseding shoreland ordinance for the city, pursuant to Wis. Stats. § 62.231. If the department does so notify the common council, the effect of this amendment shall be stayed until the Wis. Stats. § 62.231 adoption procedure is completed or otherwise terminated.

In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledge by the owners of 20 percent or more either of the areas of the land included in such 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 such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the full common council membership present and voting on the proposed change.