Waukesha staff seek zoning-code repeal to match state law; council schedules second reading

City staff told the Waukesha Common Council on Jan. 7 that the city should repeal municipal code section 22.69(5)(b) so local zoning rules match a change in state law enacted by 2023 Act 16.

Doug explained that the state law removed the requirement that zoning amendments subject to a protest petition receive a three‑quarters favorable vote; under the current state provision, a simple majority suffices whether or not a petition is filed. Staff recommended repealing the city’s residual provision so the municipal code is consistent with state statutes effective Jan. 1, 2025.

The city attorney said the recent act explicitly prevents municipalities from keeping a supermajority threshold that would override state law: "Now what this is doing is it's saying that...you can't do that anymore," he told the council, explaining that zoning amendments now require only a simple majority to pass.

Council members and staff discussed the item in the context of the city’s zoning code update. Because this matter is on its required readings, the council acknowledged it is on a second‑reading schedule and will return on the next agenda for final action after the second reading process.

What's next: staff will return the item for the council’s next meeting as a second reading for formal adoption, at which point the city code will be amended if the council votes to finalize repeal.