1. AMENDMENTS. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Common Council may by ordinance, after recommendation thereon by the Plan Commission and subject to the procedures provided in this Chapter, amend, supplement, or change the regulations, district boundaries or classifications of property now or hereafter established by this Chapter or amendments thereof. The Plan Commission shall submit its recommendations regarding all applications or proposals for amendments or supplements. A tie vote shall be deemed a recommendation against the proposed amendment or supplement. An amendment, supplement, reclassification or change may be initiated by the Plan Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected.
2. PROCEDURE FOR CHANGE. Applications for any change of district boundaries or classifications of property as shown on the Zoning Map, and for amendment of regulations, shall be submitted to the Plan Commission upon such forms, and accompanied by such data and information, as may be prescribed for that purpose by the Plan Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments or district changes initiated by the Plan Commission itself shall be accompanied by its own motion pertaining to such proposed amendment.
3. RECOMMENDATIONS. The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application not be granted. These recommendations shall then be certified to the Common Council.
4. HEARING. After receiving from the Commission the certification of recommendations on the proposed amendment or amendments and before adoption of such amendment, the City Council shall hold a public hearing thereon giving notice of the proposed changes and the time and place of the hearing by a Class 2 notice under Chapter 985, Wisconsin Statutes. At least ten (10) days prior written notice of any such hearings shall be given to the clerk of any municipality whose boundaries are within one thousand (1,000) feet of any lands included in the proposed amendment but failure to give such notice shall not invalidate such district plan or regulations.
5. FINAL ACTION. (Am. #34-02) Following the hearing provided for under sub. (4) and prior to the City Council taking action on the proposed amendment to the text of this chapter or the Zoning Map, the City Council shall consider the recommendations of the Plan Commission.
6. REZONING OF SHORELANDS IN THE C-1 CONSERVANCY DISTRICT.
   1. For all proposed text amendments in the C-1 District and for C-1 District map amendments located in the shorelands, as defined in Section 22.05(166), the City shall transmit the following to the State Department of Natural Resources:
      1. A copy of every petition for a text or map amendment to the C-1 Conservancy District, within five (5) days of the filing of such petition with the City Clerk;
      2. Written notice of the public hearing to beheld on a proposed amendment, at least ten (10) days prior to such hearing;
      3. A copy of the Plan Commission's findings and recommendations on each proposed amendment, within ten (10) days after the submission of those findings and recommendations to the Common Council;
      4. Written notice of the Council's decision on the proposed amendment, within ten (10) days after it is issued.
   2. A wetland, or a portion thereof, in the shoreland portion of the C-1 District shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:
      1. Storm and flood water storage capacity;
      2. Maintenance of dry season stream flow, the discharge of groundwater from 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 otherwise drain into navigable waters;
      4. Shoreline protection against soil erosion;
      5. Fish spawning, breeding, nursery or feeding grounds;
      6. Wildlife habitat; endangered species habitat; or
      7. Areas of special recreational, scenic or scientific interest, including scarce wetland types.
         
   3. If the DNR has notified the Plan Commission that a proposed amendment to the shoreland portion of the C-1 District may have a significant adverse impact upon any of the criteria listed in the paragraph (b) of this Section, that amendment, if approved by the Common Council, shall contain the following provision:
      This amendment shall not take effect until more than thirty (30) days have elapsed since written notice of the Common Council's approval of this amendment was mailed to the Department of natural Resources. During that thirty (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 Section 62.231, of the Wisconsin Statutes. If the Department does so notify the City Council, the effect of this amendment shall be stayed until Section 62.231 adoption procedure is completed or otherwise terminated.
7. AMENDMENTS TO FLOODLAND DISTRICTS. The Common Council shall not permit changes to the Floodland District boundaries that are inconsistent with the purpose and intent of this chapter or in conflict with the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).
   1. Changes in the Floodway Overlay and Flood Storage Overlay District Boundaries. Changes to the Floodway Overlay and Flood Storage Overlay District Boundaries shall not be permitted where the change will increase the flood stage elevation by more than 0.01 foot, unless approved by the DNR and FEMA. In no event shall a change be permitted that would increase the flood stage elevation by more than 1.0 foot unless a waiver is granted by FEMA. Petitions for Floodway Overland District or Flood Storage 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.
   2. Excavating and Soil Removal. Excavating, removal of soil or earth from floodland districts shall not be permitted unless the surface has been filled to an elevation at least two (2) feet above the elevation of the 100-year recurrence internal flood. In addition, the excavating, soil or earth removal must be contiguous to lands lying outside of the floodlands.
   3. Engineering Data Required. Changes to floodland district boundaries shall not be permitted unless a petitioner provides the City with engineering data showing the flood profile, necessary stream cross-sections, flood elevations, and any effect the establishment of a floodway/flood fringe will have on flood stages. If the floodland area subject to the proposed change is less than five (5) acres in area, and where the cost of the proposed development is estimated to be less than one hundred twenty five thousand dollars ($125,000), the DNR will assist the petitioner in determining the required flood elevations.
   4. Alteration or Relocation of Rivers or Streams. 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 or 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. (Am. #3-04) A copy of all notices for amendments or rezoning in the Floodland Districts shall be transmitted to the DNR at least ten (10) days prior to the public hearing. No amendments to the floodland district boundaries or regulations shall become effective until approved by the DNR and FEMA. In the case of floodland district boundary changes, an official letter of map amendments from the FEMA may also be required.
8. FEES. Each application for a zoning amendment, except those initiated by the Commission, shall be accompanied by payment to the City sufficient to cover the costs of publishing, posting and mailing notices of hearings.

(Cr. #66-01)