§ 54-60. Amendments.

The common council may, from time to time, alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2, Wis. Admin. Code ch. NR 117, and the following:

(1)

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the department within five days of the submission of the proposed amendment to the city planning commission.

(2)

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the city plan commission, and a public hearing shall be held as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the department shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(3)

In order to ensure that the shoreland protection objectives in Wis. Stats. § 281.31 will be accomplished by the amendment, the common council may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:

a.

Stormwater and floodwater storage capacity;

b.

Maintenance of dry season stream flow or 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;

c.

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

d.

Shoreline protection against soil erosion;

e.

Fish spawning, breeding, nursery or feeding grounds;

f.

Wildlife habitat; or

g.

Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(4)

Where the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (3) of this section, the department shall so notify the city of its determination either prior to or during the public hearing held on the proposed amendment.

(5)

The appropriate district office of the department shall be provided with:

a.

A copy of the recommendations and report, if any, of the city plan commission on the proposed text or map amendment within ten days after the submission of those recommendations to the common council; and

b.

Written notice of the common council's action on the proposed text or map amendment within ten days after the action is taken.

(6)

If the department notifies the city plan commission, in writing, that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (3) of this section, that proposed amendment, if approved by the common council, may not become effective until more than 30 days have elapsed since written notice of the common council approval was mailed to the department, as required by subsection (5) of this section. If, within the 30-day period, the department notices the common council that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the city under Wis. Stats. § 62.231(6), the proposed amendment may not become effective until the ordinance adoption procedure under Wis. Stats. § 62.231(6) is completed or otherwise terminated.

(Code 1994, § 13-3-38)