The purpose of this article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth in Article II of this chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include mandatory protections against natural hazards, mandatory protections of valued natural resources, special design guidelines, and measures to ensure compatibility with airport flight operations. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V.
A given property may lie within one or more overlay zoning district based on its geographic location. The provisions of this article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district (see Article II). For each overlay district established in this article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the mandatory development regulations.
For the purpose of this chapter, the following overlay zoning
districts are hereby established.
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AP-O
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Airport Overlay
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GWP-O
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Groundwater Protection Overlay
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WF-O
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Water Frontage Overlay
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WP-O
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Woodlands Protection Overlay
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Except where otherwise indicated in this article, the overlay
zoning districts are represented on the Official Zoning Map, adopted
and from time to time amended by the City of Shawano.[1]
[1]
Editor's Note: The Zoning Map is on file in the City offices.
(1)
Intent. The intent of this overlay district is to regulate and restrict
the height of structures and objects of natural growth in the vicinity
of the Shawano Municipal Airport, to promote public safety, welfare
and convenience, to increase safety in airport operations, to protect
persons and property within the area, and protect the municipal investment
in the airport facilities.
(2)
Applicability. This district overlays other districts, and its regulations
further restrict provisions of the underlying district.
(3)
Permitted principal, accessory or special exception uses and structures.
Same as for the underlying district except that no use shall create
electrical interference with radio communication between the airport
and aircraft, or make it difficult for pilots to distinguish between
airport lights and others, or result in glare in the eyes of pilots
using the airport, or impair visibility in the vicinity of the airport
or otherwise endanger the landing, takeoff or maneuvering of aircraft.
(4)
Dimensional requirements. Same as for the underlying district, except
that no structure shall be constructed, altered or located, or permitted
to remain after such construction, alteration or location, and that
no trees shall be allowed to grow to a height in excess of the height
limit indicated on the 2010 Wisconsin Bureau of Aeronautics Official
Height Limitation Zoning Map, Shawano Municipal Airport, Shawano,
Wisconsin, which is adopted as part of this chapter.[1]
[1]
Editor's Note: Said map is on file in the City offices.
(1)
Intent. The City of Shawano recognizes that consequences of certain
land use activities, whether intentional or accidental, can seriously
impair groundwater quality. The purpose of the Groundwater Protection
Overlay District is to protect municipal groundwater resources from
certain land use activities by imposing appropriate restrictions upon
lands located within the approximate groundwater recharge area of
the City of Shawano's municipal wells. The restrictions imposed herein
are in addition to those of the underlying residential, commercial
or industrial zoning districts or any other provisions of the Zoning
Ordinance.
(2)
Overlay zones. The Groundwater Protection Overlay District is hereby
divided into Zone A and Zone B as follows:
(a)
Zone A is identified as the primary source of water for the
municipal well aquifer and as the area most likely to transmit groundwater
contaminants to the municipal wells. Zone A is more restrictive than
Zone B. Zone A is within 1,000 feet of any well.
(b)
Zone B is identified as a secondary source of water for the
municipal well aquifer and as the area where there is a lower probability
of surface contamination reaching the municipal well fields. Zone
B is less restrictive than Zone A.
(3)
Map. The locations and boundaries are established by this section
as set forth on the Official Zoning Map, which is incorporated herein
and hereby made a part of this chapter. Said map, together with everything
shown thereon and all amendments thereto, shall be as much a part
of this chapter as though fully set forth and described herein.
(4)
Zone A prohibited uses. The following
land uses are hereby found to have a high potential to contaminate
or have already caused groundwater contamination problems in Wisconsin
and elsewhere. The following principal or accessory uses are hereby
prohibited within Zone A of the Groundwater Protection Overlay District:
(a)
Areas for dumping or disposal of garbage, refuse or demolition
material.
(b)
Asphalt products manufacturing plants.
(c)
Automotive laundries.
(d)
Automotive service stations.
(e)
Building materials and products sales.
(f)
Cartage and express facilities.
(g)
Cemeteries.
(h)
Chemical storage, sale, processing or manufacturing plants.
(i)
Dry-cleaning establishments.
(j)
Electronic circuit assembly plants.
(k)
Electroplating plants.
(l)
Exterminating shops.
(m)
Fertilizer manufacturing or storage plants.
(n)
Foundries and forge plants.
(o)
Garages for repair and servicing of motor vehicles, including
body repair, painting or engine rebuilding.
(p)
Highway salt storage areas.
(q)
Industrial liquid waste storage areas.
(r)
Junkyards and auto graveyards.
(s)
Metal reduction and refinement plants.
(t)
Mining operations.
(u)
Motor and machinery service and assembly shops.
(v)
Motor freight terminals.
(w)
Paint products manufacturing.
(x)
Petroleum products storage or processing.
(y)
Photography studios, including the developing of film and pictures.
(z)
Plastics manufacturing.
(aa)
Printing and publishing establishments.
(bb)
Pulp and paper manufacturing.
(cc)
Residential dwelling units on lots less than 15,000 square feet
in area. However, in any residential district, on a lot of record
on the effective date of this chapter, a single-family dwelling may
be established regardless of the size of the lot, provided that all
other requirements of the City of Shawano Zoning Ordinance are complied
with.
(dd)
Septage disposal sites.
(ee)
Sludge disposal sites.
(ff)
Storage, manufacturing or disposal of toxic or hazardous materials.
(gg)
Underground petroleum products storage tanks for industrial,
commercial, residential or other uses.
(hh)
Woodworking and wood products manufacturing.
(5)
Zone A conditional uses. The following conditional uses may be allowed
in the Groundwater Protection Overlay District, subject to the provisions
of the City of Shawano Zoning Ordinance:
(6)
Zone B prohibited uses. The following principal or accessory uses
are hereby prohibited within Zone B of the Groundwater Protection
Overlay District:
(a)
Underground petroleum products storage tanks for industrial,
commercial, residential or other uses.
(8)
Exemptions and waivers.
(a)
Exemption and conditions for existing facilities which may cause
or threaten to cause environmental pollution.
1.
Facilities shall provide copies of all federal, state, and local
facility operation approvals or certificates and ongoing environmental
monitoring results to the Department of Public Works.
2.
Facilities shall provide additional environmental or safety
monitoring as deemed necessary by the Department of Public Works.
3.
Facilities shall replace equipment or expand in a manner that
improves the existing environmental and safety technologies already
in existence.
(b)
Exemptions for future nonpermitted uses.
1.
Individuals may request the Department of Public Works, in writing,
to permit additional land uses in the City of Shawano Groundwater
Protection Overlay District.
2.
All written requests to permit additional land uses in the City
of Shawano Groundwater Protection Overlay District must include an
environmental assessment report prepared by a licensed environmental
engineer on the proposed land use and include payment for the Department
of Public Works' review.
3.
Any exemptions granted will be made conditional and may include
environmental and safety monitoring. The exemption will be made void
if environmental and safety monitoring indicate the facility is emitting
any releases of harmful contaminants to the surrounding environment.
The facility will stop operation until cleanup occurs and another
environmental assessment is submitted to the Department of Public
Works with payment for review. The facility will be held financially
responsible for all environmental cleanup costs. The City of Shawano
may condition a bond to be posted for future monitoring and cleanup
costs if deemed necessary at the time of granting an exemption.
4.
Exempted facilities must also provide the Department of Public
Works with the items contained in Subsection (8)(a) of this section.
(1)
Intent. The intent of this overlay district is to protect any navigable
water from the harmful effects of abutting development.
(2)
Applicability. This district overlays other districts and includes
all land 75 feet inward from the ordinary high watermark. Its regulations
further restrict provisions of the underlying district.
(3)
Permitted principal uses and structures: none.
(4)
Permitted accessory uses and structures. All accessory structures shall comply with the required setbacks and maximum building heights for accessory structures in Article II, except as otherwise provided for below.
(a)
Piers, wharves, and boathouses. All piers and wharves shall be so constructed as to comply with § 30.13, Wis. Stats., as it may from time to time be amended. Piers and wharves shall be exempt from the required setbacks for accessory structures in Article II. Boathouses shall not extend beyond the natural shoreline.
(b)
Patios, decks three feet in height or less, open gazebos, open
arbors, or similar structures which do not have walls higher than
three feet.
(c)
Small storage sheds for water-oriented equipment, including
carry-in watercraft such as a kayak or canoe, oars, life preservers,
seat cushions, fishing equipment, and electric trolling motors. Sheds
shall not exceed a length of 24 feet, a width of eight feet, a gross
floor area of 200 square feet, or a height of 15 feet.
(5)
Permitted paving. Gravel, asphalt, or concrete paths up to five feet
wide running directly from the developed portion of the lot to the
ordinary high watermark.
(6)
Dimensional requirements: same as for the underlying district except
for the following:
(a)
All land 35 feet inland from the ordinary high watermark shall
not exceed an impervious surface ratio of 50% per lot.
(b)
No more than 50% of the lot width as measured at the ordinary
high watermark shall be occupied by elevated structures such as decks,
gazebos, arbors, sheds, or similar structures.
(1)
Purpose. This district is intended to set forth special requirements
for the protection of woodlands from the adverse effects of development.
Woodlands provide a wide variety of environmental functions. These
include atmospheric benefits, such as removing airborne pollutants,
carbon dioxide uptake, oxygen production, and evapotranspiration returns.
Water quality benefits include substantial nutrient uptake rate (particularly
for nitrogen and phosphorus) and surface runoff reduction in terms
of both volumes and velocities. Woodlands provide unique wildlife
habitats and food sources. Woodlands are excellent soil stabilizers,
greatly reducing runoff-related soil erosion. Woodlands also serve
to reduce wind velocities, which further reduces soil erosion. Finally,
under proper management techniques, woodlands serve as regenerative
fuel sources.
(2)
Definition. Woodlands are defined as areas of trees in which combined
canopies cover a minimum of 80% of an area of one acre of more, as
shown on air photos for the City of Shawano and its environs.
(3)
Determination of boundaries. General woodland boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property containing a woodland depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 10-174. This analysis shall depict the location of all woodland areas on the subject property as described in Subsection (2) above.
(7)
Where woodlands have been clear cut without a conditional use permit
or clear cut beyond the limits of an approved conditional use permit,
the area that was clear cut shall be reforested per the following
requirements:
(a)
Each area required to be reforested shall be reforested and
maintained in a manner appropriate to site conditions.
(b)
A detailed reforestation plan shall be submitted by the property
owner and approved by the City. This plan shall be reviewed by a reforestation
consultant approved by the City and said consulting services shall
be funded at the expense of the property owner.
