Somers Town City Zoning Code
Division VIII
Amendments and Changes
12.58.010 Intent.
While it is the intent of this Ordinance to provide stability and regularity in zoning and land use in Kenosha County, it is recognized that zoning is by no means static. It is the intent of this section to recognize that changed or changing conditions call for changed plans, and persons who own property in a particular zone or use district cannot enjoy an eternally vested right to that classification if the public interest demands otherwise. [Code § 12.38-1.]
12.58.020 Authority and limitations.
Whenever the public necessity, convenience and general welfare require, the Kenosha County Board of Supervisors may, by ordinance, amend any part of the Ordinance. Such amendments may include reclassification or rezoning of property, changes in district boundaries, or changes in the text of this Ordinance. Such amendments shall be enacted in accordance with the provisions of the Wisconsin Statutes and this Ordinance. The determination of when the public interest re-quires a change in the zoning ordinance shall remain within the discretion of the Kenosha County Board of Supervisors. Amendments may also be made upon a showing of a mistake or error on the part of the Kenosha County Department of Planning and Development. [Code § 12.38-2.]
12.58.030 Initiation.
A petition for amendment of this Ordinance may be made by any property owner or his agent or any individual having a vested interest in an option or offer to purchase the land in question in the area to be affected by the amendment, by the Town Board of any town wherein the Ordinance is in effect; by any member of the County Board or by the Kenosha County Planning, Development & Extension Education Committee. (11/5/84)
Prior to application, the petitioner shall set up a pre-application conference with Planning and Development staff. This conference is intended to inform the petitioner of the purpose and objectives of these regulations. In so doing, the petitioner and the planning staff may reach mutual conclusions regarding the possible effect of the project on abutting properties and the petitioner will gain a better understanding of subsequent required procedures. (8/6/02) [Code § 12.38-3.]
12.58.040 Petition (8/6/02).
Petitions for any change or amendment to the district boundaries or amendments to the text of this Ordinance shall be filed with the County Clerk, who shall immediately refer it to the Planning, Development & Extension Education Committee and Department of Planning and Development for its consideration, report and recommendation. Said petition shall describe the premises to be rezoned and the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following: (11/5/84)
(a) Petitioner’s name, address, phone number and interest in property. (Owner, broker, etc.)
(d) Proposed use (a statement of the type, extent, area, etc. of any development project)
(e) Compatibility with County plans (a statement of conditions warranting a change in zoning)
(f) Compatibility with adjacent lands (a statement of land uses and impact of zoning change)
(g) Legal description of property to be rezoned
(h) Plot plan or survey plat of property to be rezoned (showing location, dimensions, zoning of adjacent properties, existing uses and buildings of adjacent properties--drawn to scale)
(i) The exact language of any proposed change in the text of this ordinance.
(j) A map plan, when necessary, which accurately locates or describes the proposal with respect to the floodways and floodplains and which provides all pertinent information such as the fill dimensions and elevations, building floor elevations and floodproofing data.
(k) All computations which are required to show the effect of the proposal on flood heights, velocities and floodplain storage for all subdivision proposals and all other proposals if the area affected exceeds five acres or the estimated cost of the proposal exceeds $75,000, which information shall be transmitted to the Department of Natural Resources for review.
(l) Additional information as may be requested by the Kenosha County Department of Planning and Development
(m) The name of the County Supervisor of the district wherein the property is located
(n) Any information required by section 12.05.010 of this ordinance.
(o) The fee specified in section 12.05.080 of this ordinance.
Immediate notice of the petition shall be sent to the County Supervisor of any affected district. All petitions referred under this paragraph shall be brought to the attention of the Kenosha County Board at its next succeeding meeting. At such meeting of the County Board, the petition shall be formally referred directly to the Planning, Development & Extension Education Committee for its consideration, report and recommendations. (11/5/84) [Code § 12.38-4.]
12.58.050 Public hearing.
Pursuant to Wisconsin Statute 59.69(5)(e)2, upon receipt of such petition by the Planning, Development & Extension Education Committee, said committee shall call a public hearing thereon. Notice of the time and place of such hearing shall be given by publication in the County of a Class 2 Notice, under Chapter 985 of the Wisconsin Statutes. A copy of such notice shall be mailed by registered mail to the town clerk of each town affected by the proposed amendment at least 10 days prior to the date of such hearing. Additional notices shall be given as required by section 12.59 (Shoreland Amendments), 12.60 (Floodplain Amendments), and 12.31 (Agricultural Preservation District Amendments) and to those persons certified under section 12.58.040(i) of this ordinance. (11/5/84) [Code § 12.38-5.]
12.58.060 Town recommendations and veto.
Pursuant to Wisconsin Statutes section 59.69(5)(e)3 and amendments thereto, if a Town affected by the proposed amendment, with the exception of Shoreland and Floodplain amendments, disapproves of the proposed amendment, the Town Board of such Town may file a certified copy of the resolution adopted by such Board disapproving of the petition with the Committee prior to, at or within, ten days after the public hearing. If the Town Board of the Town affected in the case of an ordinance relating to the location of boundaries of districts files such a resolution, or the Town Boards of a majority of the Towns affected in the case of all other amendatory ordinances file such resolutions, the Planning, Development & Extension Education Committee may not recommend approval of the petition without change, but may only recommend approval with change or recommend disapproval. (11/5/84) [Code § 12.38-6.]
12.58.070 Committee recommendation.
Pursuant to Wisconsin Statute 59.69(5)(e)4 and amendments thereto, as soon as possible after such public hearing, the committee shall act, subject to the provisions set forth in section 12.58.060, on such petition either approving, modifying and approving, or disapproving of the same. If its action was favorable to granting the requested change or any modification thereof, it shall cause an ordinance to be drafted effectuating it determination and shall submit such proposed ordinance directly to the County board with its recommendations. If the committee after its public hearing, shall recommend denial of the petition, it shall report its recommendation directly to the County board with its reason for such action. Proof of publication of the notice of public hearing held by such committee and proof of the giving of the notice to the town clerk of such hearing shall be attached to either such report. Notification of town board resolutions filed under subsection 12.58.060 shall be attached to either such report. [Code § 12.38-7.]
12.58.080 County board action.
Pursuant to Wisconsin Statute 59.69(5)(e)5 and amendments thereto, upon receipt of such committee report, the County board may adopt the ordinance as drafted by the Department of Planning and Development or with amendments, or it may deny the petition for amendment or it may refuse to deny the petition as recommended by the committee in which case it shall re-refer the petition to the Planning, Development & Extension Education Committee with directions to draft an ordinance to effectuate the petition and report the same back to the County Board, which may then adopt or reject such ordinance. (11/5/84) [Code § 12.38-8.]
12.58.090 Protest.
In case a protest against a proposed amendment is filed with the County Clerk at least 24 hours prior to the date of the meeting of the County Board, at which the report of the Planning, Development & Extension Education Committee is to be considered, duly signed and acknowledged by the owners of 50 per cent or more of the area proposed to be altered, or by abutting owners of over 50 per cent of the total perimeter of the area proposed to be altered included within 300 feet of the parcel or parcels proposed to be rezoned, action on such ordinance may be deferred until the Planning, Development & Extension Education Committee has had a reasonable opportunity to ascertain and report to the County Board 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 lands owned by him. If such statements are found to be true, such ordinance shall not be adopted except by the affirmative vote of 3/4 of the members of the County 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. (11/5/84) [Code § 12.38-9.]
12.58.100 Effective date.
Pursuant to Wisconsin Statute 59.69(5)(e)6 and amendments thereto, if any such amendatory ordinance makes ONLY THE CHANGE SOUGHT IN THE PETITION AND IF THE PETITION WAS NOT DISAPPROVED AT OR WITHIN 10 DAYS AFTER THE PUBLIC HEARING BY THE TOWN BOARD of the town affected in the case of an ordinance relating to the location of district boundaries or by the town boards of a majority of the towns affected in the case of all other amendatory ordinances, it shall become effective on passage. The County Clerk shall record in his office the date on which such ordinance becomes effective and shall notify the town clerk of all towns affected by such ordinance of such effective date and also insert such effective date in the proceedings of the County board.
Any other such amendatory ordinance when so adopted shall within seven days thereafter be submitted in duplicate by the County clerk by registered mail to the town clerk of each town in which lands affected by such ordinance are located. If after 40 days from the date of such adoption a majority of such towns have not filed the certified copies of resolutions DISAPPROVING such amendment with the County clerk or if, within a shorter time, a majority of towns in which the ordinance is in effect have filed certified copies of resolutions APPROVING the amendment with the County clerk, the amendment shall thereupon be in effect in all of the towns affected by the ordinance.
Any such ordinance relating to the LOCATION OF BOUNDARIES OF DISTRICTS shall within seven days after adoption by the County board be transmitted by the County clerk by registered mail only to the town clerk of the town in which the lands affected by the change are located and shall become effective 40 days after the adoption of the ordinance by the County board unless such town board prior to such date files a certified copy of a resolution disapproving of such ordinance with the County clerk. If such town board approves the ordinance, said ordinance shall become effective upon the filing of the resolution of the town board approving same with the County clerk. The County clerk shall record in his office the date on which such ordinance becomes effective and shall notify the town clerk of all towns affected by such ordinance of such effective date and also make such report to the County board, which report shall be printed in the proceedings of the County board. [Code § 12.38-10.]
12.59.010 Procedure.
Pursuant to Wisconsin Statutes section 59.691, amendments affecting shoreland areas shall be governed by the procedures heretofore set forth with the exception that said amendments shall not require approval or be subject to disapproval by any town or town board. [Code § 12.39-1.]
12.59.020 Amendments to lands in the shoreland jurisdiction of this ordinance (11/5/86).
(a) Notice to DNR. The County shall transmit a notice of any change (text or map) to the shoreland provisions of this ordinance 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 County Clerk
2. At least 10 days prior notice of any public hearing on any Shoreland amendment.
3. Notice of a County Planning, Development & Extension Education Committee recommendation no later than 10 days following the recommendation.
4. Notice of a County Board decision no later than 10 days following the decision.
(b) Review Standards for C-1 Changes. 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, otherwise drain into navigable waters; shoreland 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. 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 Wis. Adm. Code.
(c) DNR Objections. If the DNR has notified the County Planning, Development & Extension Education Committee 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 paragraph (b) above, then that amendment, if approved by the County Board, shall contain the following provision:
“This amendment shall not take effect until more than 30 days have elapsed after written notice of the County board’s approval of this amendment is mailed to the Department of Natural Resources. During that 30-day period the Department of Natural Resources may notify the County board that it will adopt a superseding shoreland ordinance for the County under s. 59.692(6), Wis. Stats. If the Department does so notify the County board, the effect of this amendment shall be stayed until the adoption procedure is completed or otherwise terminated.”
[Code § 12.39-2.]
12.60.010 Amending floodplain limits (6/12/12).
Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 12.60.020.
(a) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s.12.60.020. Any such alterations must be reviewed and approved by FEMA and the DNR.
(b) In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with 12.60.020. [Code § 12.40-1.]
12.60.020 Actions requiring floodplain amendment (6/12/12).
The Department of Planning and Development shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in 12.60.030 below. Actions which require an amendment to the ordinance and/ or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
(a) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
(b) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
(c) Any changes to any other officially adopted floodplain maps listed in 12.02.130(c);
(d) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
(e) Correction of discrepancies between the water surface profiles and floodplain maps;
(f) Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
(g) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. [Code § 12.40-2.]
12.60.030 Procedures to amend floodplain limits (6/12/12).
Ordinance amendments may be made upon petition of any party according to the provisions of s.59.69, Stats. The petitions shall include all data required by 12.05(1)h. The Zoning Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
(a) No amendments shall become effective until reviewed and approved by the DNR.
(b) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body
(c) All proposed amendments shall be referred to the Department of Planning and Development for a public hearing and recommendation to the Kenosha County Planning, Development & Extension Education Committee and the Kenosha County Board of Supervisors which shall approve or disapprove the proposed amendment. (11/5/84) The amendment and notice of public hearing shall be submitted to the DNR’s Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions s. 59.69, Stats. [Code § 12.40-3.]
12.60.040 Floodplain boundary changes limited (6/12/12).
The County board shall not permit changes to the floodplain 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). In addition:
(a) Changes in the FPO Floodplain Overlay District boundaries shall not be permitted where the change will increase the flood stage elevation by 0.00 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 accordance with 12.60.010 and 12.60.020 above. Petitions for FPO Floodplain Overlay District changes shall show the effects of the change within the associated flood fringe, and shall provide adjusted water surface profiles and adjusted floodplain limits to reflect the increased flood elevations. It shall be the policy of the County board of supervisors that any area removed from the FPO Floodplain Overlay District shall create an equivalent area and volume of floodplain in the vicinity of the removal.
(b) Removal of land from the floodplain shall not be permitted unless the land has been filled to an elevation at least two (2) feet above the elevation of the 100-year recurrence interval flood and provided that such land is contiguous to lands lying outside of the floodlands, in accordance with 12.60.030.
(c) No river or stream or watercourse shall be altered or relocated until a floodplain zoning change has been applied for and granted in accordance with the requirements of this section, and until the town in which the change is located and all adjacent communities have been requested to review and comment on the proposed alteration or relocation. The flood carrying capacity of within the altered or relocated portion of the watercourse shall be maintained.
(d) A copy of all notices for amending the floodplain provisions of this ordinance or the floodplain maps shall be transmitted to the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA). No amendment to the floodplain boundaries or regulations shall be effective until approved by the DNR. The amendment procedure shall comply with the provisions of s. 59.69. [Code § 12.40-4.]
12.61.010 Procedure.
When any lands previously under the jurisdiction of this ordinance have been finally removed from the jurisdiction of this ordinance by reason of annexation to an incorporated municipality, and after the regulations imposed by this ordinance have ceased to be effective as provided in Wisconsin Statute 59.69(7), the County Board, may, on the recommendation of its Planning, Development & Extension Education Committee, adopt such amendatory ordinances as shall remove or delete such annexed lands from the official zoning map or written descriptions without following any of the procedures provided above, and such amendatory ordinances shall become effective upon passage and publication. A copy of such ordinance shall be forwarded by the County Clerk to the clerk of each town in which the lands affected were previously located. Nothing in this paragraph shall be construed to nullify or supersede section of the Wisconsin Statutes relating to widening of highways and the establishment of excessive highway widths. (11/5/84) [Code § 12.42-1.]
12.61.020 Continued effect of ordinance.
Pursuant to Wisconsin Statue section 59.69(7), whenever any area which has been subject to this ordinance petitions to become part of a village or city, the regulations imposed by this ordinance shall continue in effect, without change, and shall be enforced by such village or city until such regulations have been changed by official action of the governing body of such village or city, except that in the event an ordinance of annexation is contested in the courts, the County zoning shall prevail and the County shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action. [Code § 12.42-2.]
12.62.010 Procedure.
Pursuant to section 59.69(9) of the Wisconsin Statutes and amendments thereto, the County board may, by ordinance, rezone any lands owned by the County without the necessity of securing the approval of the town boards of the towns wherein such lands are situated and without following the procedures outlined above; provided, that the County board shall give written notice to the town board of the town wherein such lands are situated of its intent to so rezone and shall hold a public hearing on the proposed rezoning ordinance and give notice of such hearing by posting in five public places in the town. [Code § 12.43-1.]