Village of Wales, WI Article XI Changes and Amendments

§ 435-96 Authority.

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, 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.

§ 435-97 Initiation. [1]

A change or amendment may be initiated by the Village Board, Village Plan Commission, Village Building Inspector, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 435-98 Petitions.

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the Village 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. Site plan drawn to a 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 300 feet of the area proposed to be rezoned.

B. Owners' names and addresses of all properties lying within 300 feet of the area proposed to be rezoned.

C. Additional information required by the Village Plan Commission or Village Board.

D. Fee receipt from the Village Clerk in accordance with § 435-112 of this chapter.

§ 435-99 Review and recommendation.

The Village Plan Commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified, or denied.

§ 435-100 Public hearing.

The Village Board shall hold a public hearing upon each proposed change or amendment recommended by the Village Plan Commission, giving public notice thereof as specified in Article XII of this chapter, listing the time, place, and the changes or amendments proposed. The Village Board may delegate to the Village Plan Commission the responsibility to hold public hearings as required under this section.

§ 435-101 Village Board action.

Following such public hearing and after careful consideration of the Village Plan Commission's recommendations, the Village Board shall act on the petition, either approving, modifying and approving, or disapproving of the same.

§ 435-102 Shoreland amendments.

Changes to shoreland C-1 Districts shall be limited in accordance with the following regulations:

A. Notice to DNR. The Village shall transmit a notice of any change (text or map) in the C-1 Conservancy District affecting five acres or more of wetlands in the shoreland, as defined in § 435-118 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 Clerk.

(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 five acres or more in area 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 thirty-day period, the Department of Natural Resources may notify the Village Board that it will adopt a superseding Shoreland Code for the Village, pursuant to § 61.351, Wis. Stats. If the Department does so notify the Village Board, the effect of this amendment shall be stayed until the § 61.351 adoption procedure is completed or otherwise terminated."

§ 435-103 Protest.

In the event of a protest against a district change or amendment to this chapter, duly signed and acknowledged by the owners of 20% or more either of the area of land included in such proposed change, or by the owners of 20% or more 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 changes or amendments shall not become effective except by the favorable vote of 3/4 of the Village Board members present and voting.