Whenever the public necessity, convenience, general welfare or good zoning practice require, the city council may, by ordinance, change the district boundaries or amend, change or supplement the regulations established by this title or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the city plan commission.

(Ord. No. 1914A, 2-18-2016)

Except as noted, in this section, a change or amendment may be initiated by the city council or any member thereof, the city plan commission, or by a petition of one or more of the owners, lessees, or authorized agents of the lessees of property within the area proposed to be changed. For the R-2A, R-3A, B-1A, and B-2A overlay districts only the owners or authorized agents of the owners within the area proposed to be changed may initiate a petition for a change or amendment.

(Ord. No. 1914A, 2-18-2016)

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the city clerk, 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 one hundred feet, showing the area proposed to be rezoned, its locations, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within three hundred feet of the area proposed to be rezoned;

B.

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

(Ord. No. 1914A, 2-18-2016)

The city plan commission shall review all proposed changes and amendments within the corporate limits, conduct a public hearing (with Class 2 notice), and shall recommend that the petition be granted as requested, modified, or denied.

(Ord. No. 1914A, 2-18-2016)

Notice of the hearing shall be given to all owners of record of properties abutting and within three hundred feet of the property that is involved in the application, and to other persons who are determined by the zoning administrator to be parties of interest. The City of Whitewater Neighborhood Services Department shall have the authority to impose a larger buffer distance upon certain applications, if the city feels it necessary. Unintentional failure to accomplish these notifications shall not invalidate the procedures.

(Ord. No. 1914A, 2-18-2016; Ord. No. 2024-O-23, § I, 11-19-2024)

Following such hearing and after consideration of the city plan commission's recommendations, the city council shall vote on the passage of the proposed change or amendment. City council action on the zoning change must take place within thirty days of the plan commission's recommendations unless postponed for good cause by mutual agreement by the city council and applicant.

(Ord. No. 1914A, 2-18-2016)

The common council shall not permit changes to the floodland district boundaries that are inconsistent with the purpose and intent of this chapter, in conflict with the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA), or inconsistent with the provisions of Chapter 19.46.

(Ord. No. 1914A, 2-18-2016)

Amendments to wetland zoning districts shall be reviewed by the Wisconsin Department of Natural Resources in accordance with the following procedures:

A.

The city shall transmit a notice of any change (text or map) in the C-1 or FWW districts 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 manager;

2.

At least ten days prior notice of any public hearing on a C-1 or FWW 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.

No wetland in a C-1 or FWW 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, 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.

If the DNR has notified the city plan commission that an amendment to the C-1 or FWW district may have a significant adverse impact upon any of the criteria listed in subsection B. above, that amendment, if approved by the common council, shall contain the following provision:

1.

"This amendment shall not take effect until more than 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 30-day period, the Department of Natural Resources may notify the Common Council that it will adopt a superseding shore land ordinance for the City pursuant to Section 62.231 of the Wisconsin Statutes. If the Department does so notify the Common Council, the effect of this amendment shall be stayed until the Section 61.231 adoption procedure is completed or otherwise terminated."

(Ord. No. 1914A, 2-18-2016)

A.

In the event of a protest against such district change or amendment to the regulations of this title, duly signed and acknowledged by the owners of twenty percent or more either of the areas of land included in such proposed change, or by the owners of twenty percent or more of the land immediately adjacent extending one hundred feet therefrom, or by the owners of twenty percent or more of the land directly opposite thereto extending one hundred 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 members of the council voting on the proposed change. (See Wisconsin Statutes 66.23(7)(d)(2).)

B.

Protests against changes or amendments may also be filed by a petition duly signed by at least two hundred resident landowners in the city. In case of such a protest, such changes or amendments shall not become effective except by the favorable vote of three-fourths of the members of the council voting on the proposed change.

Steps for Zoning Amendment

(Ord. No. 1914A, 2-18-2016)