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Council moves to align zoning code with state law on protest petition votes; second reading scheduled

January 07, 2025 | Waukesha City, Waukesha County, Wisconsin


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Council moves to align zoning code with state law on protest petition votes; second reading scheduled
The Common Council considered a zoning code amendment to repeal municipal code section 22.69(5)(b), the provision that requires a three‑quarter supermajority vote for zoning amendments when an opposing protest petition is filed.

Community Development staff explained the change is triggered by 2023 Act 16, which eliminates the state statute’s supermajority requirement and prevents municipalities from retaining a higher vote threshold. “The new provision states that zoning amendments only require a simple majority to pass, whether or not there's a petition filed,” staff said, noting the act took effect Jan. 1, 2025.

City Attorney/Legal staff and community development staff advised that repealing the local code provision would make the municipal code consistent with state law. The item was presented as a zoning code amendment and opened for public comment; no members of the public spoke specifically on the repeal during the hearing.

Council members moved and seconded the item and discussed timing. The mayor and staff clarified that, because this is a zoning‑code change, the ordinance requires a formal second reading and will be returned on the council’s next agenda for final action.

No final vote on adoption of the ordinance was recorded at Tuesday’s meeting; the council set the item for second reading and final consideration at a subsequent meeting.

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