(a)

Whenever the public necessity, convenience, general welfare or good zoning practice require, the board of supervisors and such town board as required by W.S.A., § 59.97, may, by ordinance, change the district boundaries or amend or supplement the regulations established by this chapter or amendments thereto.

(b)

Such change or amendment shall be subject to the review and recommendation of the economic development and land use planning committee.

(Code 1975, § 7.0111; Ord. No. 2020-110, 4-13-21)

The amending ordinance shall be mailed by the county clerk to the appropriate town clerk as provided by W.S.A., § 59.97(5)(e)6, and shall become effective unless disapproved within forty (40) days by the appropriate town board as provided in W.S.A., § 59.57(5)(e)6. Town board approval or disapproval shall not apply to floodland and shoreland amendments, however, such amendments shall be subject to approval by the state department of natural resources.

(Code 1975, § 7.0110; Ord. No. 86-86, § 7.0119, 8-26-86; Ord. No. 86-17, § 7.0118, 7-22-86)

The county board may from time to time, alter, supplement or change the regulations contained in this chapter in accordance with the requirements of W.S.A. § 59.9(5)(e), W.A.C. ch. NR 115 and this chapter where applicable. Amendments to this chapter may be made on petition of any interested party as provided in W.S.A § 59.69(5).

(Ord. No. 2020-110, 4-13-21)

A petition for change or amendment may be made by any property owner in the area to be affected by the change or amendment, by the town board of any town wherein this chapter is in effect, or by any member of the board of supervisors.

(Code 1975, § 7.0113)

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the planning and zoning development committee. The petition shall describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the change, specify the proposed use and have attached the following:

(1)

Plot plan drawn to a scale of one (1) inch equals one hundred (100) feet showing the area proposed to be rezoned, its locations, its dimensions, the location and classification of adjacent zoning district, and the location and existing use of all properties within three hundred (300) feet of the area proposed to be rezoned, including those property owners whose parcels are on the opposite side of the highway, regardless of the width of the right-of-way or names and addresses of all abutting property owners to the larger parcel, when the area to be rezoned is a part of said larger parcel. Abutting property owners include those whose parcels are on the opposite side of the highway, regardless of the width of the right-of-way.

(2)

Owners' names and addresses of all properties lying within three hundred (300) feet of the area proposed to be rezoned.

(3)

Additional information required by the county economic development and land use planning committee or board of supervisors.

(4)

Fee receipt from the zoning administrator for the fee required by the schedule of fees adopted by board of supervisors which are on file in the zoning administrator's office, plus the cost of publishing.

(Code 1975, § 7.0113; Ord. No. 91-130, § 7-0113, 11-5-91; Ord. No. 2020-110, 4-13-21)

The economic development and land use planning committee shall review all such proposed changes or amendments and shall make a recommendation to the board of supervisors. In making its recommendation to the board of supervisors, the committee may recommend approval or denial of an amendment, or any part thereof, as the public necessity, convenience, general welfare of good zoning practice may require. The committee may also recommend modifications to an amendment, including, in the case of a map amendment, a different zoning classification than requested, provided that if the zoning classification recommended is a more intense, or higher, classification than that requested, at least one (1) additional public hearing, with notice given in accordance with the provisions of this chapter, shall be held. The committee may also, in the case of a map amendment, recommend reducing the area of the proposed amendment; or may recommend increasing the area of the proposed amendment, provided at least one (1) additional public hearing, with notice given in accordance with the provisions of this chapter, is held. Recommendation to the board of supervisors shall be made in writing.

(Code 1975, § 7.0114; Ord. No. 2005-69S, 9-13-05)

(a)

The economic development and land use planning committee shall hold a public hearing upon each proposed change or amendment, giving notice of the time and place of such hearing by publication in the county of a class 2 notice, under W.S.A., ch. 985. A copy of each such notice shall be sent to the town clerk of each town affected by the proposed amendment at least ten (10) days prior to the date of such hearing.

(b)

Written notice of the public hearing to be held on a proposed shoreland or shoreland-wetland amendment shall be sent to the DNR district office at least ten (10) days prior to the hearing. A copy of the board of supervisor's decision on each proposed amendment shall be forwarded to the DNR district office within ten (10) days after the decision is issued.

(c)

When it is determined by the economic development and land use planning committee, in consultation with corporation counsel's office, that there is a material defect in the rezoning petition, or when the committee determines that insufficient/inadequate notice was provided for a public hearing, the committee reserves the right to require a new public hearing. Such determination must be made within ninety (90) days of the initial hearing. Costs for the second hearing are the responsibility of the petitioner.

(Code 1975, § 7.0115; Ord. No. 86-17, § 7.0115, 7-22-86; Ord. No. 97-203, 1-13-98; Ord. No. 2015-35, 7-14-15)

(a)

Following a hearing under this division and after careful consideration of the county economic development and land use planning committee's recommendations, the board of supervisors shall vote on the passage of the proposed change or amendment.

(b)

Amendments to regulations or changes to districts affecting shorelands shall not require the approval, or be subject to the disapproval, of any town.

(Code 1975, § 7.0116; Ord. No. 2020-110, 4-13-21)

Editor's note— Ord. No. 2011-131S, adopted April 10, 2012, repealed § 20-166 which pertained to limiting floodland district boundary changes and derived from § 7.0117 of the 1975 Code and Ord. No. 94-155, § 5, adopted Nov. 10, 1994.

(a)

For all proposed text and map amendments to the SWO shoreland-wetland overlay district, the appropriate district office of the department of natural resources shall be provided with the following:

(1)

A copy of every petition for a text or map amendment to the shoreland-wetland overlay district, within five (5) days of the filing of such petition with the county clerk;

(2)

Written notice of the public hearing to be held on a proposed amendment, at least ten (10) days prior to such hearing;

(3)

A copy of the committee's findings and recommendations on each proposed amendment, within the ten (10) days after the submission of those findings and recommendations to the board of supervisors; and

(4)

Written notice of the board of supervisor's decision of the proposed amendment within ten (10) days after it is issued.

(b)

A wetland, or a portion thereof, in the SWO shoreland-wetland overlay district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:

(1)

Stormwater and floodwater storage capacity;

(2)

Maintenance of dry season stream flow, 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 normally drain into navigable waters;

(4)

Shoreline protection against soil 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.

(8)

Wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas as defined in NR 103.04 which can be accessed at the following website: http://www/legis.state.wi.us/rsb/code.nr/nr103/pdf.

(c)

If the department of natural resources has notified the committee that a proposed amendment to the SWO shoreland-wetland overlay district may have a significant adverse impact on any of the criteria stated above, that amendment, if approved by the board of supervisors, shall contain the following provision:

"This amendment shall not take effect until more than thirty (30) days have lapsed since written notice of the board of supervisors' 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 board of supervisors that it will adopt a superseding shoreland ordinance for Racine County under W.S.A. § 59.692(6) of the Wisconsin Statutes. If the department does so notify the county board, the effect of this amendment shall be stayed until the [W.S.A.] § 59.692(6) adoption procedure is completed or otherwise terminated."

(Ord. No. 86-17, § 7.0118, 7-22-86; Ord. No. 2020-110, 4-13-21)

In the event a protest against a proposed change or amendment is filed with the county clerk at least twenty-four (24) hours prior to the date of the meeting of the board of supervisors at which the recommendation of the economic development and land use planning committee is to be considered, duly signed and acknowledged by the owners of fifty (50) percent or more of the area proposed to be altered, or by abutting owners of over fifty (50) percent of the total perimeter of the area proposed to be altered included within three hundred (300) feet of the parcel or parcels proposed to be rezoned, action on such ordinance may be deferred until the economic development and land use planning committee has had a reasonable opportunity to ascertain and report to the board of supervisors as to the authenticity of such ownership statements. Each signer shall state the amount of area or frontage owned by him and shall include a description of the land owned by him. If such statements are found to be true, such ordinance shall not be adopted except by the affirmative vote of three-fourths (¾) of the members of the board of supervisors present and voting. If such statements are found to be untrue to the extent that the required frontage or area ownership is not present, such protest may be disregarded.

(Code 1975, § 7.0119; Ord. No. 86-17, § 7.0118, 7-22-86; Ord. No. 2020-110, 4-13-21)

The flood protection standards in this chapter are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by manmade or natural causes. This chapter does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages, nor does this chapter create liability on the part of, or a cause of action against, the county or any office or employee thereof for any flood damage that may result from reliance on this chapter.

(Ord. No. 2005-155, 1-10-06)

The Racine County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR116, Wis. Adm. Code, and the National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevations and the location of the floodway.

(Ord. No. 2005-155, 1-10-06)

Editor's note— Ord. No. 2011-131S, adopted April 10, 2012, repealed § 20-171 which pertained to general development standards and derived from Ord. No. 2005-155, adopted Jan. 10, 2006.