Saukville Village City Zoning Code
ARTICLE XV
Changes and Amendments
§ 205-132 Authority.
Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Village Board of Trustees 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 Village Plan Commission and, where appropriate, the Community Development Authority.
§ 205-133 Initiation.
A change or amendment may be initiated by the Village Board, Village Plan Commission or Community Development Authority, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
§ 205-134 Petitions.
Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Village Administrator, 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 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 250 feet of the area proposed to be rezoned.
B.
Owners' names and addresses of all properties lying within 250 feet of the area proposed to be rezoned.
C.
Additional information required by the Village Plan Commission or Village Board.
§ 205-135 Review and recommendations.
The Village Plan Commission shall review all proposed amendments within the corporate limits and shall recommend that the petition be granted as requested, modified and granted, or denied. The Community Development Authority shall also review the proposed creation or amendment of any special district for the purpose of economic development, redevelopment, housing development, and/or blight elimination and shall recommend that the petition be granted as requested, modified and granted, or denied.
§ 205-136 Hearings.
The Village Board shall hold a public hearing upon each proposed change or amendment giving public notice thereof as specified in Article XVI of this chapter, listing the time, place, and the change or amendment proposed. The Village Board shall also give at least 10 days' prior written notice to the Clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.
§ 205-137 Action by Village Board.
As soon as possible after such public hearing, and after careful consideration of the Village Plan Commission's recommendations, the Village Board shall act on the proposed change or amendment either approving, modifying and approving, or disapproving of the same.
§ 205-138 Floodland District boundary changes limited.
A.
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 1.0 foot. Petitions for Floodway Overlay 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.
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 one-hundred-year recurrence interval flood and provided that such land is contiguous to lands lying outside of the floodlands.
C.
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 section, 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, 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: A copy of all notices for amendments or rezoning in the floodland districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) at least 10 days prior to the public hearing. No amendments to the floodland district boundaries or regulations shall become effective until approved by the DNR. In the case of floodland district boundary changes, an official letter of map amendments from the FEMA may also be required.
§ 205-139 Shoreland C-1 amendments.
A.
Notice to DNR. The Village shall transmit a notice of any change (text or map) in the C-1 District if such change affects land in the shoreland, as defined in Article XVII of 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 Village Administrator.
(2)
At least 10 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 10 days following the recommendation.
(4)
Notice of a Village Board decision no later than 10 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 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 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 Subsection B above, 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 shore land ordinance for the Village pursuant to Section 61.351 of the Wisconsin Statutes. If the Department does so notify the Village Board, the effect of this amendment shall be stayed until the Section 61.351 adoption procedure is completed or otherwise terminated." |
§ 205-140 Protest.
In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20% or more of the areas of the land included in such proposed change, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such change or amendment shall not become effective except by the favorable vote of 3/4 of the full Village Board membership.