A.
Areas to be regulated: Shoreland District. Areas regulated by this
chapter shall include all the lands (referred to herein as "shorelands")
in the unincorporated areas of Washington County which are:
(1)
Within 1,000 feet of the ordinary high-water mark (OHWM) of navigable
lakes, ponds or flowages. Lakes, ponds or flowages in Washington County
shall be presumed to be navigable if they are shown on the approved
Shoreland Zoning Maps.
(2)
Within 300 feet of the OHWM of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams in Washington County shall be presumed to be navigable if they are shown on the approved Shoreland Zoning Maps. When a project is proposed in the shoreland of a river or stream, the Administrator shall inspect the project site to determine whether the stream is navigable as defined in § 275-2 of this chapter or shall contact the regional office of the Department for a determination of navigability. Flood Hazard Boundary Maps, Flood Insurance Rate Maps, Flood Boundary/Floodway Maps, County Soil Survey Maps or other existing County Shoreland, Wetland and Floodplain Zoning Maps may be used to assist with the delineation of floodplain areas.
(3)
Determinations of navigability and OHWM location shall initially
be made by the Administrator. When questions arise, the Administrator
shall contact the appropriate regional office of the Department for
a final determination of navigability or OHWM. [The County may work
with surveyors with regard to § 59.692(1h), Wis. Stats.]
(4)
Under § 281.31, Wis. Stats., and NR 115, Wis. Adm. Code,
notwithstanding any other provision of law or administrative rule
promulgated thereunder, this chapter does not apply to lands adjacent
to farm drainage ditches if:
(a)
Such lands are not adjacent to a natural navigable stream or
river; and
(b)
Those parts of such drainage ditches adjacent to such lands
were not navigable streams before ditching; or
(c)
Lands adjacent to artificially constructed drainage ditches,
ponds or stormwater retention ponds or basins that are not hydrologically
connected to a navigable water body.
B.
Areas to be regulated: Shoreland Zoning Maps. Areas regulated by this chapter shall include all the lands in the unincorporated limits of Washington County, Wisconsin, that are designated as shorelands as defined in § 275-3A. The maps designated herein are hereby adopted and made part of this chapter and are maintained by the office of the Planning and Parks Department in digital format and available via the Washington County Geographic Information System (GIS) at https://www.co.washington.wi.us/departments/geographic_information_systems. The boundaries of the floodplains and wetlands areas identified in the maps referenced in this subsection, for floodplain management purposes, shall be as set forth in the FEMA Flood Insurance Rate Maps identified in § 275-14C and for the wetland boundary, as identified on the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer.
[Amended 1-12-2022 by Ord. No. 2021-9]
C.
General height regulation. To protect and preserve wildlife habitat
and natural scenic beauty, on or after February 1, 2010, construction
of a structure taller than 35 feet placed within 75 feet of the OHWM
is prohibited.
A.
Purpose. Minimum lot sizes in the shoreland area shall be established
to afford protection against dangers to health, safety and welfare
and to protect against pollution of adjacent water bodies. Lands located
under public waters cannot be included when calculating minimum lot
dimensions and square footage requirements for compliance with this
chapter.
B.
Minimum size for lots to be created served by public sanitary sewer.
The minimum lot area shall be 10,000 square feet, and the minimum
average lot width shall be 65 feet. The width shall be calculated
by averaging measurements at the following locations:
C.
Minimum size for lots to be created not served by public sanitary
sewer. The minimum lot area shall be 20,000 square feet, and the minimum
lot width shall be 100 feet with at least 100 feet of frontage at
the ordinary high-water mark. The width shall be calculated by averaging
measurements at the following locations:
D.
Substandard lots. An existing lot or parcel that met minimum area
and minimum average width requirements when created, but does not
meet the lot size requirements, may be used as a building site upon
issuance of a permit by the Administrator if it meets all of the following
requirements:
[Amended 4-12-2023 by Ord. No. 2023-2]
(1)
Such use is permitted in the zoning district.
(2)
The lot or parcel has never been reconfigured, combined, or merged
with another lot or parcel by plat, survey, or consolidation into
one property tax parcel.
(3)
The lot or parcel has never been developed with one or more of its
structures placed partly or wholly on the adjacent lot or parcel.
(4)
The lot or parcel complies with all other dimensional requirements
of this chapter.
A.
Except as reduced under this section, all temporary and permanent
structures shall be set back 75 feet from the OHWM of navigable waters
to the nearest part of a building or structure.
[Amended 4-12-2023 by Ord. No. 2023-2]
B.
Reduced principal structure setbacks (setback averaging). Where an
existing pattern of development in the area of the proposed construction
is at a setback less than required, a setback less than the seventy-five-foot
required setback from the OHWM shall be permitted for a proposed principal
structure and shall be determined as follows:
(1)
Where there are existing principal structures in both directions,
the setback shall equal the average of the distances the two existing
principal structures are set back from the OHWM, provided all of the
following are met:
(a)
Both of the existing principal structures are located on lots
immediately adjacent to the lot of the proposed principal structure.
[Amended 4-12-2023 by Ord. No. 2023-2]
(b)
Both of the existing principal structures are located within
250 feet of the proposed principal structure and are the closest structure.
(c)
Both of the existing principal structures are located less than
75 feet from the OHWM.
(d)
The average setback shall not be reduced to less than 35 feet
from the OHWM of any navigable water.
(2)
Where this is an existing principal structure in only one direction,
the setback shall equal the distance the existing principal structure
is set back from the OHWM and the required setback of 75 feet from
the OHWM, provided all of the following are met:
(a)
The existing principal structure is located on a lot immediately
adjacent to the lot of the proposed principal structure.
[Amended 4-12-2023 by Ord. No. 2023-2]
(b)
The existing principal structure is located within 250 feet
of the proposed principal structure and is the closest structure.
(c)
The existing principal structure is located less than 75 feet
from the OHWM.
(d)
The average setback shall not be reduced to less than 35 feet
from the OHWM of any navigable water.
(e)
When a new principal structure qualifies for a reduced building
setback, unenclosed accessory structures (functional appurtenances),
such as open decks or patios, if built in conjunction with the principal
structure, are allowed to be constructed at the reduced setback.
C.
Boathouses. Boathouses are exempt from the shoreland setback standards in § 275-5A if all of the following apply:
(1)
Boathouses shall contain no plumbing, be used solely for the storage
of boats and related equipment, and shall not be designed, constructed
or used for human habitation.
(2)
One boathouse is permitted on a lot as an accessory structure.
(3)
Boathouses shall be entirely above the OHWM.
(4)
Boathouses shall not exceed one story in height above the final grade
as measured on the water body side and 450 square feet in floor area.
The minimum size of a boathouse is 200 square feet. The boathouse
must have an appropriate door or double-wide doors facing the water
body for the purpose of entry and exit for boats or watercraft. Fireplaces,
plumbing or other features inconsistent with the purpose of the structure
are prohibited.
(5)
Boathouses shall be constructed in conformity with this chapter.
(6)
For boathouses with a flat roof, decks are allowed to be constructed
on the flat roof. No sidewalls or screens are allowed on the roof.
Railings on the roof are allowed, provided the railing meets the Department
of Safety and Professional Services standards.
(7)
Boathouses shall be located in the access and viewing corridor.
D.
Water access structures. Water access structures are exempt from the shoreland setback standard set forth at § 275-5A. Stairs, ramps, motorized lifts and walkways landward of the OHWM are allowed when necessary to access the shoreline. The following conditions shall apply as conditions of the permit:
[Amended 4-12-2023 by Ord. No. 2023-2]
(1)
A maximum of one walkway or stairway, including safety railings,
per property with a maximum width of 60 inches (outside dimensions,
including railings) is allowed.
(2)
Landings are allowed but shall not exceed 25 square feet in area,
and only one landing is permitted per each 12 feet of vertical separation.
(3)
In addition to the one set of stairs, one motorized tram/lift and
the associated landings for each property for access purposes may
be permitted, but each landing shall not exceed 25 square feet. The
motorized tram/lift shall not exceed 25 square feet. No canopies are
allowed on the tram/lift.
(4)
All water access structures must be located within the access and
viewing corridor.
E.
Minor structures.
[Amended 4-12-2023 by Ord. No. 2023-2]
(1)
A permit shall be granted for the construction or placement of a
minor structure on property in a shoreland setback area if all the
following apply:
(a)
The part of a structure that is nearest to the water is located
at least 35 feet landward from the OHWM.
(b)
The total floor area of all structures, except boathouses and
walkways, in the shoreland setback area of the property will not exceed
200 square feet. This includes all existing structures and any portion
of the principal structure that is within the shoreland setback area.
(c)
The structure that is the subject of the request for a permit
may have a roof but has no sides or has open or screened sides.
(d)
Structures shall be constructed using materials that blend with
the natural shoreline vegetation in the vicinity of the construction
during the peak growing season.
F.
In addition to § 275-5C and E, all of the following structures are exempt from the shoreland setback standard in § 275-5A:
(1)
Broadcast signal receivers, including satellite dishes or antennas
that are one meter or less in diameter and satellite earth station
antennas that are two meters or less in diameter.
(2)
Utility transmissions and distribution lines, poles, towers, water
towers, pumping stations, well pump house covers, private on-site
wastewater systems that comply with Ch. SPS 383, Wis. Adm. Code, and
other utility structures that have no feasible alternative location
outside of the minimum setback and that employ best management practices
to infiltrate or otherwise control stormwater runoff from the structure.
(3)
A fence along roadways that meets all of the following requirements:
[Added 4-12-2023 by Ord. No. 2023-2]
(a)
A height not taller than 15 feet.
(b)
Located not less than two feet landward of the ordinary high-water
mark.
(c)
Located entirely outside of a highway right-of-way.
(d)
Located not less than 10 feet from the edge of a roadway and not
more than 40 feet from the edge of a roadway or highway right-of-way,
whichever is greater.
(e)
Generally perpendicular to the shoreline.
G.
Consistent
with § 59.692(1k)(a)2m, Wis. Stats., existing exempt structures
may be maintained, repaired, replaced, restored, rebuilt or remodeled,
provided that the activity does not expand the footprint and does
not go beyond the three-dimensional building envelope of the existing
structure. Expansion of a structure beyond the existing footprint
is allowed if the expansion is necessary to comply with applicable
state or federal requirements.
NOTE: Section 59.692(1k)(a)2m, Wis. Stats., prohibits counties from requiring any approval or imposing any fee or mitigation requirement for the activities specified in § 275-5G. However, it is important to note that property owners may be required to obtain permits or approvals and counties may impose fees under ordinances adopted pursuant to other statutory requirements, such as floodplain zoning, general zoning, sanitary codes, building codes, or even stormwater erosion control.
[Amended 4-12-2023 by Ord. No. 2023-2]
H.
Structure setbacks to wetlands. All structures shall have a minimum setback of 25 feet from a wetland. This applies to all wetlands shown on the Official Washington County Shoreland, Wetland, and Floodplain Zoning Maps. These setbacks shall not apply to the maintenance of existing private driveways that are within a wetland or the construction or maintenance of a private driveway within 25 feet of a wetland, provided that the driveway complies with § 275-12C(3)(f)[2] through of this chapter.
I.
Floodplain structures. Buildings and structures to be constructed
or placed in a floodplain shall comply with applicable floodplain
zoning ordinances.
[Amended 4-12-2023 by Ord. No. 2023-2]
A.
Purpose. The purpose of tree, shrubbery and ground cover cutting regulations applicable to the shoreland area is to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreland and protect aquatic and shoreline wildlife habitat. The provisions shall not apply to the removal of dead, diseased or dying trees or shrubbery. These provisions shall be in addition to the vegetative buffer provisions required in § 275-8C.
B.
Shoreland cover cutting.
(1)
Access and viewing corridor. Tree, shrubbery and ground cover cutting
in an area parallel to the OHWM, extending inland from all points
along the OHWM, shall be limited to: 10 feet or up to 35% of the shoreline
frontage, whichever is greater, except that the maximum width of an
access and viewing corridor may not exceed 200 feet. The access and
viewing corridor may run contiguously for the entire maximum allowed
width of 200 feet. From the inland edge of the thirty-five-foot area
to the outer limits of the shoreland, the cutting of trees, shrubbery,
and ground cover shall be allowed when accomplished using accepted
forest management and soil conservation practices which protect water
quality.
(2)
The ground cover must be preserved. The area used for a boathouse is to be included in the access and view corridor area in applying the limits specified in Subsection D(1) and (2). Natural shrubbery and ground cover shall be preserved as far as practicable, and where removed, it shall be replaced with other shrubbery or ground cover that is equally or more effective in retarding runoff, preventing erosion and preserving natural beauty.
C.
Paths. Any path, road or passage within the access and view corridor
shall be constructed and planned in accordance with the current version
of Wisconsin's Forestry Best Management Practices for Water Quality.
D.
Cutting plan. As an alternative to § 275-6B of this chapter, a special cutting plan allowing greater cutting may be permitted by the administrator, pursuant to § 275-21 of this chapter. An application for such a permit shall include a plan of the lot and such information as may be required on the application form supplied by the Administrator. The plan shall include a complete list of all canopy, shrub layer, and ground cover and show the location of each proposed planting on the site. A permit may only be granted if it is determined that such special cutting plans:
(1)
Will not cause undue erosion or destruction of scenic beauty; and
(2)
Will provide substantial visual screening from the water of dwellings,
accessory structures, retaining walls, and parking areas. Where the
plan calls for replacement plantings, the administrator may require
the submission of a bond which guarantees the performance of the planned
tree, shrubbery or ground cover replacement by the lot owner.
A.
General provisions. The lawful use of a structure or property which
existed at the time this chapter was adopted, or an applicable amendment
to this chapter took effect, and which is not in conformity with the
provisions of this chapter, including the routine maintenance of such
a structure, may be continued, subject to the following conditions:
(1)
If a nonconforming use, permanent or temporary, is discontinued for
12 consecutive months, it is no longer allowed, and any future use
of the property or structure shall be made to conform to the applicable
requirements of this chapter.
(2)
The maintenance and repair of boathouses that extend waterward beyond
the OHWM of any navigable waters shall comply with the requirements
of § 30.121, Wis. Stats.
(3)
Uses or structures which have been deemed nuisances shall not be
allowed to continue as nonconforming and shall be removed or discontinued.
(4)
Minor structures constructed in compliance with § 275-5E of this chapter are deemed legal, conforming structures.
(5)
Design review and impervious areas standards of § 275-11 apply to all structures and/or development addressed in this section.
(6)
Maintenance, repair, replacement, restoration, rebuilding or remodeling
may be allowed if the activity does not expand the footprint, or change
the use or purpose unless it complies with ordinance provisions, of
the nonconforming structure including, but not limited to, detached
garages, sheds, barns, gazebos, patios, decks, swimming pools, hot
tubs, fences, retaining walls, driveways, parking lots, sidewalks,
detached stairways and lifts. An existing structure that was lawfully
placed when constructed, but does not comply with the required setback,
may be vertically expanded unless the vertical expansion would extend
more than 35 feet above grade level. Expansion beyond the footprint
may be allowed to comply with applicable state or federal requirements.
(7)
No modification or addition to any nonconforming structure or any structure with a nonconforming use which would exceed the impervious area limits as listed in § 275-11 shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter and contiguous dry-land access is provided in compliance with § 275-16C(1)(c) or (d).
[Amended 1-12-2022 by Ord. No. 2021-9]
B.
Expansion of an existing nonconforming principal structure beyond setback. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under § 275-5A may be expanded laterally, landward or vertically, provided that the expanded area meets the building setback requirements per § 275-5A and that all other provisions of this chapter are met. A mitigation plan is not required solely for expansion under this subsection, but may be required per § 275-11.
C.
Relocation of nonconforming principal structure. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per § 275-5A may be relocated on the property, provided all of the following requirements are met:
(1)
The use of the structure has not been discontinued for a period of
12 months or more if a nonconforming use.
(2)
The existing principal structure is at least 35 feet from the ordinary
high-water mark.
(3)
No portion of the relocated structure is located any closer to the
ordinary high-water mark than the closest point of the existing principal
structure.
(4)
The County determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for relocation that will result in compliance with the shoreland setback requirement per § 275-5A.
(5)
The County shall issue a permit that requires a mitigation plan that shall be approved by the County and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in § 275-8.
(6)
All other provisions of this chapter shall be met.
D.
Lateral expansion of nonconforming principal structure within the setback. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under § 275-5A may be expanded laterally or landward, all other provisions of this chapter, and the following requirements are met:
[Amended 1-12-2022 by Ord. No. 2021-9]
(1)
The use of the structure has not been discontinued for a period of
12 months or more.
(2)
The existing principal structure is at least 35 feet from the OHWM.
(3)
The lateral expansion is limited to a maximum of 200 square feet
over the life of the structure and no portion is closer to the OHWM
than the closest point of the existing principal structure.
E.
Maintenance, repair, replacement of illegal structures. A structure
that was illegally constructed which is older than 10 years and may
not be enforced under the shoreland ordinance may be maintained, repaired,
replaced, restored, rebuilt or remodeled if the activity does not
expand the footprint of the structure. (No vertical or lateral expansion
allowed for structures in violation.)
[Amended 4-12-2023 by Ord. No. 2023-2]
[Amended 4-12-2023 by Ord. No. 2023-2]
A.
Purpose. To protect natural scenic beauty, fish and wildlife habitat, and water quality, the planting of vegetation and other natural buffers are encouraged and the removal of shore cover is regulated under § 275-6.
B.
Mitigation. Before a permit is issued for projects that require mitigation under § 275-7C, 275-7D or 275-11E, the property owner shall submit a mitigation plan for review and approval by the county that includes the following:
(1)
Mitigation practices. The following mitigation options may be used to meet mitigation requirements. Existing buffers or previously permitted mitigation practices may not be used to meet additional mitigation requirements unless agreed to under Subsection B(1)(h).
(a)
Arboraceous buffer. Provide a shoreline tree and shrub buffer, outside the edges of the viewing corridor, that is within 35 feet of the OHWM and is greater than or equal to three times the area of the proposed addition or structure to be located within the setback, and subject to the conditions in Subsection B(2)(a) and (b).
(b)
Herbaceous buffer. Provide a shoreline grass buffer, outside the edges of the viewing corridor, that is within 35 feet of the OHWM and is greater than or equal to four times the area of the proposed addition or structure to be located within the setback, and subject to the conditions in Subsection B(2)(a).
(c)
Native grasses and forbs buffer. Provide a native prairie shoreline buffer, outside the edges of the viewing corridor, that is within 35 feet of the OHWM and is greater than or equal to two times the area of the proposed addition or structure to be located within the setback, and subject to the conditions in Subsection B(2)(a) and (c).
(d)
Minimize the access and viewing corridor. Expansion of an existing shoreline buffer that significantly narrows the viewing corridor to the minimum ten-foot width for the full thirty-five-foot depth (landward) from the OHWM inclusive of the water access structure. The existing shoreline buffer and expansion should meet or be enhanced to meet the requirements of Subsection (1)(a), (b) or (c) above and the conditions of Subsection (2)(a), (b) or (c) below.
(e)
Shoreline recreational buffer. A landward buffer between 35 feet and 75 feet from the OHWM that is greater than or equal to four times the area of the proposed addition or structure within the setback. A shoreline recreational buffer should meet or be enhanced to meet the requirements of Subsection B(1)(a), (b) or (c) above and the conditions of Subsection B(2)(a), (b) or (c) below.
(f)
Removal of existing minor or accessory structure within 50 feet
of the OHWM that is relatively equal to the area of the proposed addition
or structure within the setback.
(g)
Installation of a rain garden or other impervious treatment device designed to treat a minimum of two times the surface area being mitigated (this is not to be considered an option if needed under § 275-11F unless sized to meet both requirements).
(h)
Other mitigation practices deemed appropriate by the administrator
that are likely to provide significant benefits to meet the objectives
of this chapter. Factors that will be considered in making this determination
include but are not limited to:
(2)
Conditions.
(a)
Buffers provided for minor structures or mitigation purposes
shall not be mowed, and only routine maintenance of vegetation is
authorized.
(b)
The establishment of buffer zones specific to Subsection C(1)(a)
are subject to a density of at least one tree per 200 square feet
and two shrubs per 100 square feet of buffer zone area. Ground cover
shall be established to provide an adequate number of plants to obtain
complete coverage of exposed soil in one growing season and subject
to a density of 50 plants per 100 square feet or seeded at a rate
of 4 ounces per 1,000 square feet. This density must be maintained
through the maturity of the species.
(c)
Establishing native grasses and forbs specific to Subsection
C(1)(c) are subject to mix that includes at least three native grasses
and two native wildflowers. Establishing native grasses and forbs
is not a simple process, and consultation with a landscape architect
or other applicable native vegetation specialist to oversee and verify
the planting process and its successful establishment is recommended.
C.
Mitigation and vegetation buffer plan. Before a permit may be granted to the property owner for a minor structure per § 275-5E, or for the replacement or relocation a nonconforming structure per § 275-7C, or lateral expansion of a nonconforming structure per § 275-7D, or to exceed the maximum impervious surface standards per § 275-11E, the property owner shall include all of the following:
(1)
Submit a plot plan signed and dated by the property owner detailing
the vegetative buffer or mitigation practice to the administrator
for review and approval.
(2)
Provide current photographs showing status of property, including
all structures within the corresponding setback of the OHWM and documentation,
by photograph or list, of existing vegetation inhabiting the shoreland
setback area.
(3)
For vegetative buffers plans, provide details that clearly describes
planting location, species, and size at planting and at maturity,
expected maturity dates for each planting, appearance at maturity
and a sketch of the buffer as depicted from the water perspective
at maturity.
(4)
Installation schedule and completion date within one year of approval
of permit.
(5)
Erosion control methods/plan for period of installation and stabilization
of site.
(6)
Maintenance plan for the vegetative buffers or impervious treatment
practices.
(7)
Financial guarantee. A financial guarantee in the form of cash, bond,
escrow account or irrevocable letter of credit shall be required in
accordance with the following terms:
(a)
The type and amount of the financial guarantee shall be determined
by the administrator and shall be based on the estimated cost of developing
and installing the mitigation plan or vegetative buffer, plus any
cost required for maintenance during the installation phase or immediately
thereafter to ensure viability.
(b)
Each financial guarantee shall be accompanied by a written agreement
describing the purpose, amounts, and conditions for release.
(c)
The administrator shall release the financial guarantee only
after full compliance has been achieved with the following:
(8)
The administrator shall withhold from the financial guarantee amount
released to the permit holder for any costs incurred by the County
to complete installation or maintenance of the mitigation plan or
vegetative buffer through enforcement action described within this
chapter.
(9)
Provide evidence that an affidavit has been recorded at the Washington
County Register of Deeds office, describing:
(a)
The property's legal description.
(b)
The purpose for mitigation or buffer and details relative to
size, appearance and location.
(c)
The mitigation practice or vegetative buffer plan.
(d)
The requirement that mitigation practice or vegetative buffer
must be preserved and maintained permanently, unless the property
owner receives approval of a new mitigation plan meeting the same
requirements.
D.
Certification of completion. Within 18 months of issuance of the
permit, the property owner shall complete the mitigation practices
or vegetative buffer and shall certify, in writing, to the administrator
that the project has been completed. As part of the certification,
the property owner shall submit photos as documentation, the Planning
and Parks Department staff may conduct an on-site compliance inspection.
E.
Subsequent development. Subsequent permit applications shall require
additional mitigation and will be dependent on the scope of the project
and proportionate to the proposed activity. These will be minimal,
provided the original mitigation measures are maintained.
A.
Land division review. County review, pursuant to Chapter 257, Land Divisions, of the Code of Washington County and § 236.45, Wis. Stats., of all land divisions in shoreland areas which create three or more parcels or building sites of five acres each or less within a five-year period shall include the following factors:
[Amended 4-12-2023 by Ord. No. 2023-2]
B.
Conditional use permit to achieve reduced lot sizes and setbacks.
(1)
Purpose. In some instances, where an individual lot or small tract of land has unique characteristics, such as unique terrain, which would result in unnecessary hardship as defined in § 275-2, if the owner were required to comply with one or more of the requirements for minimum lot sizes, width and setback, the County Board of Adjustment may grant a variance that will not be contrary to the public interest. In other instances where larger areas are involved, the appropriate method for seeking a relaxation of the same minimum standards is by a planned unit development or condominium conditional use permit. The conditional use permit is intended to permit smaller lots and setbacks where the physical layout of the lots is so arranged (often by setting them back farther from navigable water) as to better assure the control of pollution and preservation of ground cover than would be expected if the lots were developed with the normal lot sizes and setbacks and without special conditions placed upon the planned unit development or condominium at the time of its approval. A condition of all planned unit development or condominium conditional use permits is the preservation of certain open space, preferably on the shoreland, permanently.
(2)
Requirements for planned unit development or condominium. The Land
Use and Planning Committee may, at its discretion, upon its own motion
or upon petition, approve a planned unit development or condominium
either by approving first a conditional use permit and then a plat
or by approving only a plat for the specific planned residential project
upon finding, after a public hearing, that all of the following facts
exist:
(a)
Area. The area for the proposed planned unit development or
condominium shall comply with the minimum acreage required by the
municipality's controlling ordinance, but in no case shall the acreage
involved be less than five acres.
(b)
Pollution control. The location and nature of the private on-site
wastewater treatment systems which will serve the home sites individually
or collectively will assure that effluent from the private on-site
wastewater treatment systems will not reach the groundwater or surface
waters in a condition which would adversely contribute to health hazards,
taste, odor, turbidity, fertility or impair the aesthetic character
of navigable waters.
(c)
Preservation of ground cover. The location of building sites
and the dedication of part of the land for use by the public or residents
of the planned unit development or condominium will preserve the ground
cover of the shoreland and scenic beauty of the navigable water, prevent
erosion and other pertinent factors. Land not used for lots and streets
shall be dedicated permanently to remain in open space. This may be
accomplished by conveyance in common to each of the owners of lots
in the development; a homeowners' association or similar legally constituted
body shall be created to maintain the open-space land. Any restriction
placed on platted land by covenant, grant of easement or any other
manner which was required by a public body or which names a public
body as grantee, promise or beneficiary shall vest in the public body
the right to enforce the restriction at law or in equity against anyone
who has or acquires an interest in the land subject to the restriction.
(d)
Density. The number of platted building sites shall not exceed those which would have been possible if the same land were platted in accordance with the minimum lot sizes, setbacks and widths provided by the applicable provisions in this chapter. This figure shall be determined by dividing the total area of the subdivision, excluding streets, by the minimum lot sizes required by § 275-4 of this chapter.
(e)
Lot sizes, widths, setbacks and tree-cutting. The lot sizes, widths and setbacks shall not be less than those provided for in §§ 275-4 and 275-5 of this chapter and shall be of adequate size and distance so as to not cause pollution or erosion along streets or other public highways and waterways. Shore cover provisions in § 275-6 of this chapter shall apply.
(3)
Procedure for establishing a planned unit development or condominium
conditional use permit. The procedure for obtaining a County conditional
use permit for a planned unit development or condominium shall be
as follows:
(b)
Review and hearing. The application shall be submitted to the Land Use and Planning Committee, which shall hold a public hearing. Copies of the notice of the hearing shall also be sent to the appropriate regional office of the Department as described in § 275-21E(4) of this chapter. The Committee's deliberations shall include the recommendations of any federal, state or local agency with which the Land Use and Planning Committee consults. If a petition seeks approval of a planned unit development or condominium plat without first seeking the granting of a conditional use permit, a hearing shall be held on such plat. If, however, a hearing is first held on the conditional use permit for a planned unit development or a condominium, a second public hearing need not be held in connection with the approval of a subsequent plat or plats which complies with the conditional use permit as approved.
(c)
Findings and conditions of approval. The Committee shall make written findings as to the compliance or noncompliance of the proposed County permit with each of the applicable requirements set forth in Subsection B(2) of this section. If the petition is granted in whole or part, the Committee shall attach such written conditions to the approval as are required by and consistent with Subsection B(2) of this section. The conditions of approval shall in all cases establish the specific restrictions applicable with regard to minimum lot sizes, width, setbacks and the location of private on-site wastewater treatment systems and the preservation of ground cover and open space.
(d)
Planning studies. A landowner or petitioner may at his or her own expense develop the facts required to establish compliance with the provisions of Subsection B(2) or may be required to contribute funds to the County to defray all or part of the cost of such studies being undertaken by the County or any agency or person with whom the County contracts for such work.
C.
Sanitary regulations. All County sanitary regulations for the protection
of health and the preservation and enhancement of water quality shall
apply to this chapter.
(1)
Where public water supply systems are not available, private well
construction shall conform to the Wisconsin Administrative Code.
(2)
Where a public sewage collection and treatment system is not available,
design and construction of private on-site wastewater treatment systems
shall be governed by the County Sanitary Code.
A.
Zoning permits. Filling, grading, lagooning, dredging, ditching,
excavating or paving in excess of 450 square feet may be authorized
by a zoning permit in the shoreland area, provided that:
(1)
The activity is done in a manner designed to minimize erosion, sedimentation
and impairment of fish and wildlife habitat and scenic beauty.
(2)
Filling, grading, lagooning, dredging, ditching, excavating and paving in a Shoreland-Wetland District meets the requirements of § 275-12C(2) of this chapter.
(3)
All applicable federal, state and local permits are obtained in addition
to a County permit under this chapter.
(4)
Any fill placed in the shoreland area is protected against erosion
by the use of riprap, vegetative cover or a bulkhead.
B.
Administrative permit.
(1)
General. An administrative permit is required for filling, grading,
lagooning, dredging, ditching, excavating and paving of more than
2,000 square feet which is within 300 feet landward of the OHWM of
navigable water and which has surface drainage toward the water.
[Amended 4-12-2023 by Ord. No. 2023-2]
(2)
County permit conditions as listed in §§ 275-8 and 275-21E(2) and (3) shall be attached to administrative permits, where appropriate.
(3)
An appeal of an administrative permit decision can be made to the
Land Use and Planning Committee. The Land Use and Planning Committee
decision can be appealed to the County Board of Adjustment.
C.
Conditional use permits. Except as provided in Subsections A and B of this section, a conditional use permit is required for all filling, grading, lagooning, dredging, ditching, excavating and paving of one acre or more within 300 feet of the OHWM of a navigable water body. See § 275-21 for other conditional use permit requirements.
[Amended 4-12-2023 by Ord. No. 2023-2]
D.
Exemptions from permits.
(1)
Soil conservation practices and agricultural drainage maintenance.
(2)
A County permit will not be required for filling, grading, lagooning,
dredging, ditching, excavating or paving for areas of less than 450
square feet with a depth of filling less than six inches in a Shoreland
or Floodfringe District. This does not apply to projects that change
or increase the drainage in the project area or adjacent properties.
[Amended 4-12-2023 by Ord. No. 2023-2]
(3)
A County permit will not be required for placing gravel, pavers, bricks, asphalt or concrete over existing gravel roads or driveways if it does not cause a change in grade of more than six inches or affect drainage on adjacent properties and does not require a County permit under Subsections A, B and C of this section and § 275-12.
(4)
After receipt of a Department permit or exemption, no County permit
is required for the reconstruction or maintenance of existing riprap,
provided similar materials are used and no expansion or addition is
done to the riprap.
(5)
After receipt of a Department permit or exemption, County permits
will not be required for dredging, pea gravel, sand blankets, standpipes
and fish cribs below the OHWM.
(6)
The replacement or reconstruction of existing town and County highways
and bridges is allowed without a permit, provided the Planning and
Parks Department is given a complete set of construction/erosion control
plans for replacement or reconstruction and approves the plans prior
to the start of construction. For maintenance of roads and road ditches,
the Wisconsin Best Management Practices shall be followed.
(7)
The repair and maintenance of stormwater management facilities is
allowed without a permit if completed under the direction of the Washington
County Land and Water Conservation Division of the Planning and Parks
Department or other government agency. A complete set of plans shall
be submitted to the Planning and Parks Department and approved prior
to the start of construction.
E.
Permit conditions. In granting a permit under this chapter, staff shall attach the following conditions, where appropriate, in addition to those provisions specified in § 275-21A and E:
[Amended 4-12-2023 by Ord. No. 2023-2]
(1)
The smallest amount of bare ground shall be exposed for as short
a time as feasible.
(2)
Temporary ground cover (such as mulch or jute netting) shall be used,
and permanent vegetative cover shall be established.
(3)
Diversion berms or bales, silting basins, terraces, filter fabric
fencing and other methods shall be used to prevent erosion.
(4)
Lagoons shall be constructed to avoid fish trap conditions.
(5)
Fill shall be stabilized according to accepted engineering standards.
(6)
Filling shall not restrict a floodway or destroy the flood storage
capacity of a floodplain.
(7)
Channels or artificial watercourses shall be constructed with side
slopes of three units horizontal distance to one unit vertical or
flatter, which shall be promptly vegetated, unless bulkheads or riprap
are provided.
F.
Dams. All work on existing or proposed dams must be authorized by
a Department permit. All work related to the project landward of the
OHWM will require County permits as enumerated in this chapter.
A.
Purpose. Establish impervious surface standards to protect water
quality and fish and wildlife habitat and to protect against pollution
of navigable waters. County impervious surface standards shall apply
to the construction, reconstruction, expansion, replacement or relocation
of any impervious surface on a riparian lot or parcel and any nonriparian
lot or parcel that is located entirely within 300 feet of the ordinary
high-water mark of any navigable waterway.
B.
Calculation of percentage of impervious surface.
(1)
Percentage of impervious surface shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark by the total surface area of that lot or parcel, and multiplied by 100. Impervious surfaces described in Subsection E of this section shall be excluded from the calculation of impervious surface on the lot or parcel. If an out-lot lies between the ordinary high-water mark and the developable lot or parcel and both are in common ownership, the lot or parcel and the out-lot shall be considered one lot or parcel for the purposes of calculating the percentage of impervious surface.
(2)
For properties that have been condominiumized, the impervious surface
calculations apply to the entire property. The property is still under
one legal description and the proposed expansion to a unit is not
the only impervious surface calculated since the regulation states
lot or parcel and not a unit. It will be important to remember, also,
that mitigation applies to the property as whole and not just to the
portion of the frontage that might be in front of the unit impacted.
D.
Impervious surface standard for highly developed shorelines. Up to
30% impervious surface area for residential land use and up to 40%
impervious surface area for commercial, industrial or business land
uses for lands that meets one of the following standards:
(1)
The highly developed shoreline is identified as an "urbanized area"
or "urban cluster" in the 2010 United States census or has a commercial,
industrial, or business land use as of January 31, 2013. The Urbanized
Area or Urban Cluster in the 2010 US census can be found on the Washington
County GIS Interactive Map.
(2)
After conducting a hearing and receiving approval by the Department
of Natural Resources, the County has mapped additional areas of highly
developed shorelines that are at least 500 feet in length and meet
the one of the following criteria:
E.
Maximum impervious surface. A property may exceed the impervious surface standard under Subsection B or C of this section, provided the following standards are met:
(1)
For properties where the general impervious surface standard applies under § 275-11C, a property owner may have more than 15% impervious surface but not more than 30% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark.
(2)
For properties on shorelands where the impervious surface standard for highly developed shorelines applies under § 275-11D, a property owner may have more than 30% impervious surface but not more than 40% impervious surface for residential land uses. For commercial, industrial or business land uses, a property owner may have more than 40% impervious surface but not more than 60% impervious surface.
[Amended 4-12-2023 by Ord. No. 2023-2]
F.
Treated impervious surfaces.
(1)
Impervious surfaces that can be documented to show they meet either of the following standards shall be excluded from the impervious surface calculations under § 275-11B.
(a)
The impervious surface is treated by devices, such as stormwater
ponds, constructed wetlands, infiltration basins, rain gardens, bioswales
or other engineered systems; or
(b)
The runoff from the impervious surface discharges to an internally
drained pervious area that retains the runoff on or off the parcel
and allows infiltration into the soil.
(2)
In order to qualify for exclusion from the calculation, an application
demonstrating the following must be submitted, reviewed and approved
by the County:
(a)
Calculations showing the amount of runoff from the impervious
surface area; and
(b)
Documentation demonstrating the impervious surface runoff is
being treated by a proposed treatment system, treatment device or
internally drained area; and
(c)
An implementation schedule and an enforceable obligation of
the property owner that the treatment method established for the runoff
will be maintained as evidenced by an instrument recorded in the Office
of the Register of Deeds to permit issuance; and
(d)
The documentation required in this subsection shall be prepared
and submitted by a professional engineer, landscape architect or other
appropriately qualified licensed professional and shall be designed
in accordance with the Department of Natural Resources' stormwater
post-construction technical standards.
G.
Existing impervious surfaces. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in § 275-11C or the maximum impervious surface standard in § 275-11D, the property owner may do any of the following:
(1)
Maintain and repair the existing impervious surfaces;
(2)
Replace existing impervious surfaces with similar surfaces within
the existing building envelope;
(3)
Relocate or modify an existing impervious surface with similar or
different impervious surface, provided that the relocation or modification
does not result in an increase in the percentage of impervious surface
that existed on the effective date of this chapter, and the impervious
surface meets the applicable setback requirements in Ch. NR 115.05(1)(b),
Wis. Adm. Code.
