[HISTORY: Adopted by the Village Board of
the Village of Osceola 1-9-2007 by Ord. No. 07-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 92.
Historic preservation — See Ch. 130.
Subdivision of land — See Ch. 218.
Zoning — See Ch. 219.
[1]
Editor's Note: This ordinance also repealed
former Ch. 217, St. Croix River District, adopted 5-10-2005 by Ord.
No. 05-04.
The following rules are necessary to reduce
the adverse effects of overcrowding and poorly planned shoreline and
bluff area development, to prevent pollution and contamination of
surface waters and groundwaters and soil erosion, to provide sufficient
space on lots for sanitary facilities, to minimize flood damage, to
maintain property values, and to preserve and maintain the exceptional
scenic, cultural and natural characteristics of the water and related
land of the Lower St. Croix riverway in a manner consistent with the
National Wild and Scenic Rivers Act (P.L. 90-542), the Federal Lower
St. Croix River Act of 1972 (P.L. 92-560) and the Wisconsin Lower
St. Croix River Act (§ 30.27, Wis. Stats.).
Section 30.27 of the Wisconsin Statutes is hereby
adopted by reference. This chapter also incorporates by reference
the Standards for the Lower St. Croix National Scenic Riverway (NR
118). This chapter is intended to supplement the regulation of activities
within the District as provided by NR 118 and shall be administered
in strict conformity with NR 118.
A.
The boundaries of the St. Croix River District shall
include those areas of the Village within the boundaries of the St.
Croix National Scenic Riverway.
B.
The boundaries of the St. Croix River District shall
also include any platted lots, whether current or in the future, located
immediately across any public highway or street from properties located
within the Small Town Historic and River Town Management Zones of
the St. Croix National Scenic Riverway.
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate structure, the use of which is incidental to,
and customarily found in connection with, the principal structure
or use of the property. Accessory structures include, but are not
limited to, detached garages, sheds, barns, gazebos, patios, decks
(both detached and attached), swimming pools, hot tubs, fences, retaining
walls, driveways, parking lots, sidewalks, detached stairways, and
lifts.
A use subordinate to and serving the principal use on the
same lot and customarily incidental thereto.
Beekeeping; livestock grazing; orchards; raising of grain,
grass or seed crops; raising of fruits, nuts or berries; placing land
in federal programs in return for payments in kind; owning land, at
least 35 acres of which is enrolled in the conservation reserve program
under 16 USC 3831 to 3836; and vegetable raising.
Any device or equipment used for the transmission or reception
of electromagnetic waves, which may include an omnidirectional antenna
(rod), a directional antenna (panel) or a parabolic antenna (disc).
A place of lodging for transient guests that is the owner's
personal residence, that is occupied by the owner at the time of rental,
and in which the only meal served to guests is breakfast.
A line along the top of the slope preservation zone.
A line measured across the width of a lot at that point where
the principal structure is placed in accordance with setback provisions.
A wireless communication service facility that is disguised,
hidden or screened, but remains recognizable as a tower or antenna.
An area on a lot where a building could be located in compliance
with all applicable ordinance requirements.
A use that is specifically listed in a local zoning ordinance
as either a conditional use or special exception and that may only
be permitted if the local zoning authority determines that the conditions
specified in the ordinance for that use are satisfied.
The Wisconsin Department of Natural Resources.
Having a physical or mental impairment that substantially
limits one or more major life activities.
Colors that harmonize with the natural surroundings on the
site during leaf-on conditions.
An addition to an existing structure regardless of whether
the addition is vertical or horizontal or both.
One can see the river through the vegetation, while any structure
remains visually inconspicuous.
The land area covered by a structure at ground level, measured
on a horizontal plane. The footprint of a residence includes attached
garages and porches, but excludes decks, patios, carports, and roof
overhangs.
The underlying base of a building or other structure, including
but not limited to pillars, footings, and concrete and masonry walls.
An area designated by the Village Board, on recommendation
of the Commission, that contains two or more historic improvements
or sites.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, or upon which an
historic event has occurred, and which has been designated as an historic
site under this chapter, or an improvement parcel, or part thereof,
on which is situated an historic structure and any abutting improvement
parcel, or part thereof, used as and constituting part of the premises
on which the historic structure is situated.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of Osceola, the state or nation and which
has been designated as an historic structure pursuant to the provisions
of this chapter.
The use of a building or other structure for human occupancy,
including but not limited to cooking, eating, bathing, and sleeping.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property or any part of
such betterment, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
Any division of a parcel of land by the owner or the owner's
agent, for the purpose of transfer of ownership or building development,
which creates one or more parcels or building sites of 20 acres or
less.
A person who has graduated with a major in landscape architecture
from a college accredited by the American Society of Landscape Architects.
A mechanical device, either temporary or permanent, containing
a mobile open-top car including hand or guard rails, a track upon
which the open-top car moves, and a mechanical device to provide power
to the open-top car.
Any county, town, city or village zoning ordinance, portion
of an ordinance, or amendments thereto, adopted by a village, with
authority from state enabling legislation, which regulates the use
of land within the Lower St. Croix riverway.
A contiguous parcel of land with described boundaries.
The area described in NR 118.02(1).
The Lower St. Croix riverway management zones established
in NR 118.04.
Action taken to minimize the adverse impacts of development.
The term "mitigation" includes, but is not limited to, the installation
of vegetative buffers, the removal of nonconforming structures from
the shoreland setback area, and the implementation of best management
practices for erosion control and stormwater management.
Developable land area minus slope preservation zones, floodplains,
road rights-of-way and wetlands.
A building or other structure whose location, dimensions
or other physical characteristics do not conform to the standards
in the current local zoning ordinance but which was legally constructed
or placed in its current location prior to the adoption of the ordinance
or ordinance amendment that made it nonconforming.
The use of land, a structure, or other premises that does
not conform to the land use restrictions in the current local zoning
ordinance, but which was legally established prior to the adoption
of the ordinance or ordinance amendment that made it nonconforming.
Has been defined by the Wisconsin Supreme Court to mean the
point on the bank or shore up to which the presence and action of
surface water is so continuous as to leave a distinctive mark such
as by erosion, destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation, or other easily recognized characteristic.
Where the bank or shore at any particular place is of such character
that it is difficult or impossible to ascertain where the point of
ordinary high water mark is, recourse may be had to the opposite bank
of a stream or to other places on the shore of a lake or flowage to
determine whether a given stage of water is above or below the ordinary
high water mark.
Any work done on a nonconforming structure that does not
constitute expansion, structural alteration, or reconstruction and
does not involve the replacement, alteration, or improvement of any
portion of the structure's foundation.
A pattern of development that places residences into compact
groupings as a means of preserving open space.
A building walkway with a roof over it, providing access
to a building entrance.
The main building or other structure on a lot that is utilized
for the property's principal use. The term "principal structure" includes
attached garages and porches.
Allowing a disabled person to deviate from the strict requirements
of the county's zoning ordinances if an accommodation is necessary
and reasonable, in order not to unlawfully discriminate against the
disabled person and to allow him or her equal housing opportunity.
The replacement of all or substantially all of the components
of a structure other than the foundation.
The removal of selected trees throughout the range of merchantable
sizes at regular intervals, either singly or in small groups, leaving
a uniformly distributed stocking of desirable tree and shrub size
classes.
The minimum horizontal distance between a structure and either
the ordinary high water mark or the bluffline.
A partial removal of mature trees leaving trees of desirable
species and form to provide shade, seed source, and a desirable seedbed
for natural regeneration with the final removal of the overstory after
adequate regeneration is established.
A detached structure used for human habitation for one family.
The area riverward from the bluffline where the slope towards
the river is 12% or more, as measured horizontally for a distance
of not more than 50 feet or less than 25 feet.
A harvest of not more than one-third of the contiguous forested
ownership within a ten-year period with each opening not exceeding
six acres in size and not closer than 75 feet at their closest points.
A wireless communication service facility that models or
mimics in size or shape and color something in the surrounding landscape,
such as silos in farm settings and trees in forested lands, and are
unrecognizable year round as an antenna or antenna mount.
The replacement or alteration of one or more of the structural
components of any of a nonconforming structure's exterior walls.
Any part of the framework of a building or other structure.
The structural components of a building's exterior walls include the
vertical studs, top and bottom plates, and window and doorsills and
headers. A structural component may be non-load-bearing, such as the
framework of a wall at the gable end of a one-story house. Wall-coverings,
such as siding on the exterior and dry wall on the interior, are not
included in the definition of structural component.
A retaining wall or other man-made structure whose primary
function is to control erosion.
Any man-made object with form, shape and utility, that is
constructed or otherwise erected, attached to or permanently or temporarily
placed, either upon the ground, a riverbed, streambed, or lakebed
or upon another structure. For the purposes of this chapter, the term
"structure" includes swimming pools, hot tubs, patios, decks and retaining
walls, but does not include landscaping or earthwork such as graded
areas, filled areas, ditches, berms, or earthen terraces. The term
"structure" does not include small objects that are easily moved by
hand, such as lawn chairs, portable grills, portable picnic tables,
bird feeders, birdhouses, and birdbaths.
A lot with dimensions that do not conform to all of the requirements
of the local zoning ordinance.
Electric power lines, telephone and telegraph lines, communication
towers, cables, sewage lift stations, sewer and water pipes, and other
pipes, conduits and accessory structures that are used to transport
power, convey information or transport material between two points,
other than wireless communication service facilities.
Difficult to see, or not readily noticeable, in summer months
as viewed from at or near the mid-line of the Lower St. Croix River.
Has the meaning found in § 23.32(1), Wis. Stats.
|
Note: Section 23.32 (1), Wis. Stats., defines
wetland to mean an area where water is at, near, or above the land
surface long enough to be capable of supporting aquatic or hydrophytic
vegetation and which has soils indicative of wet conditions.
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Hardware that provides wireless communication services, including
antennas, towers, all associated equipment, and buildings and other
structures.
A.
The Lower St. Croix riverway is divided into five
management zones. Management zones exist without regard to municipal
boundaries and may not be changed by annexation or any action other
than revision by the State of Wisconsin. The following management
zones in the Village of Osceola are established as follows:
(1)
River Town. The River Town Management Zone reflects
the character of a small city and contains a mixture of commercial,
park and residential developments that reflect the community's historic
character. Dense, intensive development may be present, including
utilities, multistory structures and nonresidential buildings.
B.
Small Town Historic.
(1)
The Small Town Historic Management Zone contains mostly
single-family residences and is primarily historic in character. While
some residences are newer and there are some commercial buildings
that are historic in character, the predominant character of this
district is of a late 19th or early 20th century residential area.
A combination of man-made features, residential lawns and natural
features will be found in this management zone.
(2)
The Small Town Historic Management Zone is established
within the Village limits of Osceola, as they existed on January 1,
1976, and shall also include any platted lots, whether current or
in the future, located immediately across any public highway or street
from properties located within the Small Town Historic Management
Zone as designated by the State of Wisconsin.
C.
Conservation.
(1)
The Conservation Management Zone is primarily natural
and mostly wooded, with some single-family residential uses. Shoreline
areas are natural and do not contain residential lawns.
(2)
The Conservation Management Zone is established in
both of the following locations:
(a)
In an area bounded on the north by the south
boundary of Wisconsin Interstate State Park and on the south by the
north Village limits of Osceola, as they existed on January 1, 1976.
(b)
In an area bounded on the north by the south
Village limits of Osceola, as they existed on January 1, 1976, and
on the south by the Arcola High Bridge.
(3)
The Conservation Management Zone shall also include
any platted lots, whether current or in the future, located immediately
across any public highway or street from properties located within
the Conservation Management Zone as designated by the State of Wisconsin.
A.
Permitted uses and structures.
[Amended 3-14-2023 by Ord. No. 23-03]
(1)
All
management zones.
(a)
Permitted uses. The following uses are allowed in all management zones if the applicable standards set forth in § NR 118.06, Wis. Adm. Code, and Village Code § 217-7 are met:
[1]
Single-family residential and accessory uses.
[2]
Conservancy.
[3]
Forestry.
[4]
Agriculture.
[5]
Public parks, areas devoted to natural resource management and interpretation,
waysides, rest areas, information areas and scenic overlooks.
[6]
Filling and grading outside of slope preservation zones.
(b)
Permitted structures. The following structures are allowed in all management zones if the applicable standards set forth in § NR 118.06, Wis. Adm. Code, and Village Code § 217-7 are met:
[1]
Single-family residences and accessory structures.
[2]
Piers or wharves that have required state and federal permits or
that meet statutory criteria or administrative rule standards and
do not require a state or federal permit.
[3]
Signs.
[4]
Structural erosion control measures constructed outside of slope
preservation zones. Rock riprap may be allowed within a slope preservation
zone and in the ordinary high water mark setback area if the local
zoning authority determines that riprap is necessary to prevent erosion
in flood-prone areas, and either a state permit is granted for the
riprap or statutory criteria or administrative rule standards are
met and a state permit is not required for the riprap.
(2)
River Town Management Zone. In the River Town Management Zone, other uses and structures that are allowed by the local unit of government's underlying zoning ordinance may be allowed as permitted uses and structures, provided that the permitted uses and structures are listed in the local zoning ordinance and the applicable standards of §§ 217-7 and 219-92 are applied for those permitted uses and structures in a manner that satisfies all of the following criteria:
B.
Conditional uses.
(1)
All management zones. The following uses and structures
are conditionally permitted uses in all management zones. Conditional
use permits for these uses and structures shall comply with the applicable
requirements in NR 118.06 and 118.07.
(a)
Land divisions.
(b)
Planned cluster developments for single-family
residences.
(c)
Transmission services.
(d)
Wireless communication service facilities.
(e)
Filling and grading within slope preservation
zones.
(f)
Structural erosion control measures constructed
in slope preservation zones.
(g)
Docks and piers.
(h)
Stairways.
(i)
Lifts.
(j)
Public roads and private roads serving two or
more properties or single-family residences.
(k)
Bed-and-breakfast operations.
(l)
Home occupations.
(m)
Nature-oriented educational, nonprofit facilities.
(2)
Small Town Historic Management Zones. In the Small
Town Historic Management Zone, other uses and structures that are
listed as conditional uses or special exceptions in the Village's
underlying zoning ordinance may be allowed as conditional uses, provided
that they are listed in the Riverway ordinance with standards for
those conditional uses that satisfy all of the following criteria:
C.
Prohibited. All uses and structures not listed as
permitted or conditional uses shall be prohibited.
A.
Dimensional and other standards.
(1)
Minimum lot size. The minimum lot size for parcels
that are allowed to be used as building sites in each management zone
shall be as follows:
(a)
In the River Town and Small Town Historic Management Zones, the minimum lot size shall be as established for the zoning district pursuant to the Village Code in the local riverway ordinance (§ 219-13 for residential districts; § 219-15 for commercial districts; and § 219-16 for industrial districts).
(b)
In the rural residential and conservation management
zones, the minimum lot size shall meet the following standards:
[1]
The minimum lot size shall have at least one
acre of net project area.
[2]
If the lot is not served by a public sewage
system or community sewage collection and treatment services, the
lot shall have adequate room for one single-family residence and two
private on-site wastewater treatment systems.
(3)
Minimum lot width. The minimum lot width shall apply
at the building line and at the side of the lot nearest the river.
The minimum lot width for each management zone shall be as follows:
(4)
Maximum structure height. The maximum structure height
shall be measured between the average ground elevation and the uppermost
point of the structure, excluding chimneys. The maximum structure
height for each management zone shall be as follows:
[Amended 3-14-2023 by Ord. No. 23-03]
(a)
In the River Town Management Zone, the maximum structure height shall
be 35 feet, except for wireless communication service facilities which
meet the requirements of § NR 118.07(4)(c) and (d), Wis.
Adm. Code. A conditional use permit may be granted for a maximum structure
height up to 45 feet.
[1]
A conditional use permit may be issued pursuant to this § 217-7A(4)(a) if all of the following criteria are met:
[a]
The structure is visually inconspicuous, meaning it is difficult
to see, or not readily noticeable, in the summer months as viewed
from at or near the mid-line of the Lower St. Croix riverway.
[b]
The natural and scenic qualities of the Lower St. Croix riverway
are protected.
[c]
The use does not negatively impact public health and safety.
[d]
The structure is designed to blend in with the historic character
of the community.
(b)
In the Small Town Historic Management Zone, the maximum structure
height shall be 35 feet, except for wireless communication service
facilities in the Rural Residential Management Zone which meet the
height requirements of § NR 118.07(4)(c), (d) and (e), Wis.
Adm. Code.
(c)
In the Conservation Management Zone, the maximum structure height
shall be 25 feet, except for wireless communication service facilities
which are subject to the height requirement of § NR 118.07(4)(c)
and (e), Wis. Admin. Code.
(5)
Ordinary high water mark setback. Except as provided in Subsection A(7), the ordinary high water mark setback shall be measured on a horizontal plane from the point of the structure that is nearest the ordinary high water mark, including roof overhangs and any cantilevered portions of the structure. The ordinary high water mark setback for each management zone shall be as follows:
(a)
In the River Town and Small Town Historic Management
Zones, all structures, except piers, wharves, structural erosion control
measures, stairways and lifts, shall be set back at least 100 feet
from the ordinary high water mark.
(b)
In the Conservation Management Zone, all structures,
except piers, wharves, structural erosion control measures, stairways
and lifts, shall be set back at least 200 feet from the ordinary high
water mark.
(6)
Lot line setbacks.
(a)
Bluffline setback. Except as provided in Subsection A(7), the bluffline setback shall be measured on a horizontal plane from the point of the structure that is nearest the bluffline, including roof overhangs and any cantilevered portions of the structure. The bluffline setback for each management zone shall be as follows:
[1]
In the River Town and Small Town Historic Management
Zones, all structures, except piers, wharves, structural erosion control
measures, stairways and lifts, shall be set back at least 40 feet
from the bluffline.
(7)
The Village shall measure the ordinary high water mark setback and the bluffline setback on a horizontal plane from the point of any cantilevered portions of the structure that is nearest the ordinary high water mark or bluffline. The Village shall also require any cantilevered portion of the structure other than roof overhangs to be set back from the ordinary high water mark as required in Subsection A(5) and to be set back from the bluffline as required in Subsection A(6).
B.
Structure color standards. The following structure
color standards shall apply:
(1)
In all management zones, structures designated as
historic buildings or located in designated historic districts shall
be either earth-tone colored or colored appropriate to the period
in history for which they were constructed.
C.
Sign standards. Signs are allowed in all management
zones if one or more of the following criteria are met:
D.
Structural erosion control measures. Except for rock
riprap that is allowed in compliance with the requirements in NR 118.05(1)(a)2.d.,
structural erosion control measures may only be placed above the ordinary
high water mark and within the ordinary high water mark setback area
and bluffline setback area if all of the following criteria are met:
(1)
The structural erosion control measure is constructed
outside of slope preservation zones, or a conditional use permit has
been issued in compliance with the requirements of NR 118.07(6).
(2)
The local zoning authority determines that structural
erosion control measures are necessary to address significant ongoing
erosion that nonstructural erosion control measures cannot control.
(3)
The structural erosion control measure is constructed
of natural materials and is made as visually inconspicuous as possible.
(4)
The person seeking to construct the structural erosion
control measure submits a detailed construction plan, an erosion control
plan and a vegetative management plan, showing how the structural
erosion control measure will be constructed, what land-disturbing
activities will take place, what, if any, vegetation will be removed,
and how new, native vegetation will be reestablished. Construction
may not proceed until the Building Inspector for the Village of Osceola
has approved the plans.
E.
Slope preservation zone standards. No structures,
except piers, wharves, structural erosion control measures, stairways
and lifts, may be placed in slope preservation zones. Slopes greater
than 12% may not be altered to become less than 12%.
F.
Vegetation management.
(1)
Goals. All of the following goals apply to all management
zones:
(a)
The primary goals of these vegetative management
provisions are to screen structures to make them visually inconspicuous
and to prevent disturbance of environmentally sensitive areas such
as steep slopes, shorelines and bluff top areas.
(b)
A secondary goal is to maintain and restore
historically and ecologically significant plant communities and enhance
diversity.
(c)
Successional climax forest and presettlement
disturbed oak savanna will be the preferred forest ecotype examples
of significant plant communities.
(d)
Vegetative screening of structures will take
priority over restoration and maintenance of significant plant communities.
(2)
Standards.
(a)
Vegetation management standards in all management
zones. In all management zones, all of the following vegetation management
standards shall apply:
[1]
Vegetation in ordinary high water mark setback
areas, slope preservation zones and 40 feet landward of blufflines
shall be left undisturbed, except as provided elsewhere in this subsection
or in NR 118.07(3), (4) or (9).
[2]
Vegetation may not be disturbed or removed if
it would disrupt the visually inconspicuous character of structures,
reduce the quality or diversity of the plant community, or increase
the potential for erosion, except as provided elsewhere in this subsection
or in NR 118.07(3), (4), or (9).
[3]
Routine pruning of trees or shrubs to improve
their health and vigor, pruning to provide a filtered view of the
river, pruning to prevent property damage, or removing trees that
pose an imminent safety hazard to persons or structures is allowed.
[4]
Lawns within the ordinary high water mark setback
areas, slope preservation zones, bluffline setback areas and within
conservation management zones may not be expanded. However, mowing
of existing lawns may be continued.
[5]
These standards do not prohibit the growth and
harvest of non-wood-fiber crops, the removal of vegetation in order
to allow permitted uses or structures or conditional uses, the removal
of state-designated noxious weeds, and the pruning or removal of vegetation
to prevent insect infestation or disease that threatens large areas
of vegetative cover.
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Note: Noxious weeds include those species designated
by § 66.96(2), Wis. Stats.,[1] which includes Canada thistle, leafy spurge and field
bindweed, and any other such weeds as the governing body of any municipality
or the county board of any county by ordinance or resolution declares
to be noxious within its respective boundaries.
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[1]
Editor's Note: Section 66.96, Wis. Stats.,
was renumbered by 1999 Act 150, §§ 617 to 619, effective
1-1-2001. For a definition of "noxious weed," see now § 66.0407(1)(b),
Wis. Stats.
(b)
Additional vegetation management standards in River Town and Small Town Historic Management Zones. In addition to the vegetation management standards found in Subsection F(2)(a), the following vegetation management standards also apply in the Small Town Historic Management Zone: If there are fewer than 25 trees over five inches in diameter on the lot between the building line and the river, the existing number of trees over five inches in diameter shall be maintained, and any trees that are removed as allowed in Subsection F(2)(a) shall be replaced by trees that are at least one inch in circumference at the base.
(c)
Additional vegetation management standards in the Rural Residential and Conservation Management Zones. In addition to the standards found in Subsection F(2)(a), all of the following standards also apply in the Rural Residential and Conservation Management Zones:
[1]
Herbicide use shall be limited to direct topical
application to cut stems to kill noxious weeds, exotic species, poison
ivy, poison oak, or poison sumac, or as a prescribed treatment within
a forest stewardship plan.
[2]
The practice of forestry shall be allowed on
lands for which a forest stewardship plan has been developed under
ch. 77, Wis. Stats., or ch. NR 46 or 47, and on lands managed under
forest stewardship plans that employ best management practices for
water quality protection, erosion control and generally accepted forest
management guidelines and have been approved by a department forester.
Forest stewardship plans prepared under this section shall be implemented
to employ commonly accepted silvicultural practices approved by a
department forester, to ensure that silvicultural practices are compatible
with the riverway goals of protecting natural scenic values and ensuring
that structures will remain visually inconspicuous. Cutting, harvesting
or removal of timber under this provision on land that is visible
from the river during the time when the leaves are on the deciduous
trees may only include the following practices: small regeneration
cuts with boundaries designed to harmonize with naturally occurring
shapes; shelterwood cuts not to exceed the size, shape, spacing or
timing of regeneration cuts; or selection cutting leaving a residual
timber stand of at least 60 square feet basal area.
[3]
Native vegetation shall be utilized for replacement
planting when noxious weeds, exotic species, poison ivy, poison oak,
poison sumac, or any other vegetation are removed.
(d)
Penalties. In addition to any other penalties
assessed by local authorities, the penalty for removing vegetation
in violation of a local zoning ordinance implementing these rules
shall include replacement of vegetation with native vegetation at
the property owner's expense.
G.
Private on-site wastewater treatment systems. Private
on-site wastewater treatment systems shall be constructed in accordance
with the requirements of ch. Comm. 83.
H.
Filling and grading. Filling and grading may be permitted
outside slope preservation zones if all of the following requirements
are met:
(1)
Filling and grading activities are set back at least
40 feet from slope preservation zones.
(2)
Filling and grading activities do not disturb more
than 10,000 square feet of land.
(3)
No wetlands are filled or drained.
(4)
Any vegetation that is removed is replaced with native
vegetation.
(5)
Filling and grading activities are designed and implemented
in a manner to minimize erosion, sedimentation, and impairment of
fish and wildlife habitat.
(6)
As part of an erosion control plan, Wisconsin construction
site best management practices are implemented.
The conditional uses and structures listed in
NR 118.05(2) may be permitted if the requirements in NR 118.06 and
the following standards are met:
A.
Land divisions. A conditional use permit may be granted
to divide property into lots if all of the following conditions are
met:
(1)
All lots proposed to be built on shall meet the minimum
lot size requirements in NR 118.06(1)(a) and (c), and shall be suitable
for residential development in their existing condition without the
need for a variance.
(2)
All lots are suitable for their proposed use and will
not be subject to the potential for flooding, inadequate drainage,
severe erosion, inadequate water supply, or inadequate sewage disposal
capabilities.
(3)
Use of the lots will not be limited by unfavorable
soil and rock formations, unfavorable topography, or any other feature
which is likely to result in harm to the health, safety, or welfare
of future residents of the lots or of the local community.
(4)
The local zoning authority shall consult with the
state historical society concerning potential impacts to archeological
sites. If the property is found to contain an archeological site,
the Village and the applicant shall develop and implement a plan to
avoid or mitigate impacts to the archeological site with the assistance
from the state historical society.
B.
Planned cluster unit developments. A conditional use
permit may be issued for a planned cluster development for single-family
residences if all of the following criteria are met:
(1)
The proposed clustering provides a better means of
preserving scenic views, open space, and shoreline than a traditional
single-family residential subdivision.
(2)
The proposed structures comply with the minimum ordinary
high water mark and bluffline setbacks and height standards in NR
118.06(1).
(3)
Exceptions to the standards in NR 118.06(1)(a) and
(c) may be allowed for planned cluster developments, provided that
the total number of single-family residences may not exceed 50% more
than the total number of single-family residences allowed if the development
complied with all standards in NR 118.06(1)(a) and (c).
(4)
On any lots that abut the river, all of the standards
in NR 118.06(1) shall be met.
C.
Transmission services. A conditional use permit may
be issued for the construction, updating, maintenance, or reconstruction
of transmission services if all of the following conditions are met:
(1)
All new, updated, or reconstructed transmission services
shall be placed underground, if underground placement is determined
to be technically feasible by the Village. If an applicant seeks to
establish that underground placement is technically infeasible, the
application shall explain what factors make it infeasible.
(2)
If underground placement is determined to be technically
infeasible, overhead or aboveground transmission services may be permitted,
but shall be designed to minimize the adverse visual impact on the
scenic character of the riverway.
(3)
New, updated or reconstructed transmission services
shall be constructed and maintained using minimally invasive techniques
for construction and maintenance, including erosion control. Existing
transmission facilities shall be maintained using minimally invasive
techniques for maintenance, including erosion control.
(4)
Cutting or clearing of vegetation for transmission
service maintenance may be conducted; however, an understory layer
of vegetation shall be maintained to prevent erosion and allow succession.
Vegetation management shall protect the quality and diversity of the
plant community and prevent erosion. Herbicide use shall be limited
to direct topical application to cut stems to prevent regrowth. The
pruning of normal tree growth for safety reasons or to prevent interference
with the transmission service and removal of noxious weeds is allowed.
D.
Wireless communication service facilities. A conditional
use permit may be issued for the installation, reconstruction, modification,
and replacement of wireless communication service facilities if all
of the following criteria are met:
(1)
Construction and maintenance shall be conducted using
techniques which minimize the cutting or pruning of vegetation in
order to preserve mature vegetation and provide screening of the facilities.
Erosion control measures shall be used.
(2)
Wireless communication service facilities shall use
building materials, colors, textures, screening and landscaping that
blend the facilities in with surrounding natural features or nearby
structures and shall be visually inconspicuous.
(3)
Wireless communication service facilities shall be
of camouflage or stealth design, unless placed on existing structures.
(4)
In the River Town and Small Town Historic Management
Zones, the facilities shall be of a height designed to blend in with
the historic character of the community.
(5)
Wireless communication service facilities in the Rural
Residential or Conservation Management Zones may not exceed a height
of 50 feet or not more than 20 feet above the tallest structure or
tree canopy within a three-hundred-foot radius of the proposed wireless
communication service facilities as measured horizontally, whichever
is higher.
(6)
New or reconstructed wireless communication service
facilities may not be placed in slope preservation zones, floodplains,
or wetlands.
E.
Filling and grading activities.
(1)
A conditional use permit may be issued for filling and grading activities in the following areas if the conditions in Subsection E(2) are satisfied:
(2)
A conditional use permit may be issued for filling and grading in the areas described in Subsection E(1) if all of the following conditions are met:
(a)
Filling and grading activities do not disturb
more than 10,000 square feet of land within a slope preservation zone.
(b)
No wetlands are filled or graded.
(c)
Any vegetation that is removed is replaced with
native vegetation.
(d)
Filling and grading activities are designed
and implemented in a manner to minimize erosion, sedimentation, and
impairment of fish and wildlife habitat.
(e)
As part of an erosion control plan, Wisconsin
construction site best management practices are implemented.
F.
Structural erosion control measures in slope preservation
zones. A conditional use permit may be issued for the construction,
updating, maintenance, or reconstruction of structural erosion control
measures in slope preservation zones if all of the following conditions
are met:
(1)
The local zoning authority determines that structural
erosion control measures are necessary to address significant ongoing
erosion that nonstructural erosion control measures cannot control.
(2)
The structural erosion control measure is constructed
of natural materials and is made as visually inconspicuous as possible.
(3)
The person seeking to construct the structural erosion
control measure submits a detailed construction plan, an erosion control
plan and a vegetative management plan, showing how the structural
erosion control measure will be constructed, what land-disturbing
activities will take place, what, if any, vegetation will be removed,
and how new native, vegetation will be reestablished. Construction
may not proceed until the local zoning authority has approved the
plans.
G.
Docks and piers. Docks and piers may be permitted
if the following standards are met:
(1)
Docks and piers associated with riparian residential
developments shall be allowed from May 1 through November 1.
(2)
Docks and piers shall only extend into the water the
minimum distance necessary to allow the launching and mooring of watercraft.
(3)
Docks and piers shall be parallel to the shoreline
whenever possible.
(4)
Docks and piers shall not exceed the resource limitations
of the site.
(5)
Docks and piers shall not extend beyond the slow speed
shore zone.
(6)
No covered slips or framed canopies shall be constructed.
(7)
Docks and piers shall be in earth tones.
(8)
Lighting of dock or pier areas is permitted only if
required by federal, state, or local laws or for lighting municipal
facilities in incorporated areas only for health and safety reasons.
(9)
All other federal and state requirements related to
the installation of docks and piers on the St. Croix River are met.
H.
Stairways. A conditional use permit may be issued
for a stairway if all of the following standards are met:
(1)
The stairway is required to provide pedestrian access
to the river because of steep, rocky, unstable, or wet site conditions.
(2)
The tread width of the stairway may not exceed 36
inches.
(3)
Landings are located at a vertical interval of not
less than 20 feet and may not exceed 40 square feet in area.
(4)
Hand rails may be permitted in conjunction with stairways.
(5)
Railings or handrails are permitted in conjunction
with stairs and shall be painted or stained the same color as the
stairways.
(6)
Canopies and roofs are not allowed on stairways.
(7)
Stairways, handrails and landings shall be anchored
and supported above grade with pilings or footings.
(8)
Stairways shall be constructed of unfinished wood
or stone, or shall be painted or stained with earth-tone materials.
(9)
Stairways shall be visually inconspicuous and shall
be located in the most visually inconspicuous portion of the lot.
(10)
Native vegetation plantings shall be used to form
a vegetative canopy to screen the stairway from the river. Vegetation
shall be planted to effectively screen stairs within five years or
the stairs shall be removed.
(11)
Existing vegetation may be removed within one foot
of either side of the stairway route and up to eight feet above the
stairway floor.
(12)
Only one stairway may be permitted on a lot that abuts
the Lower St. Croix River.
(13)
No construction shall begin until the applicant has
submitted a plan for the stairway to the Building Inspector showing
all necessary construction data, including location, design, dimensions,
color, construction materials and other pertinent information. The
plan shall contain a certification by a registered professional engineer
or architect that the stairway components are securely anchored to
prevent them from shifting and from causing accelerated erosion.
I.
Lift standards. A conditional use permit may be issued
for a lift on soil face bluffs only if all of the following requirements
are met:
(1)
The lift is required to provide pedestrian access
to the river because of steep, rocky, unstable, or wet site conditions.
(2)
No lift shall be designated and utilized for the transport
of boats or machinery up or down the bluff face.
(3)
The car of the lift may not exceed four feet by six
feet.
(4)
Canopies and roofs are not allowed.
(5)
All visible parts of the lift shall be painted or
finished in earth-tone, nonreflective materials and shall be visually
inconspicuous
(6)
Lifts and their transporting device or power source
shall be visually inconspicuous and shall be located in the most visually
inconspicuous portion of the lot.
(7)
Native vegetation plantings shall be used to form
a vegetative canopy to screen the lift from the river. Vegetation
shall be planted to effectively screen the lift within five years
or the lift shall be removed.
(8)
Existing vegetation may be removed within one foot
on either side of the lift route and up to eight feet above the lift
floor.
(9)
Only one lift may be permitted on a lot that abuts
the Lower St. Croix River.
(10)
No construction shall begin on any lift until the
applicant has provided the Building Inspector with a plan showing
all necessary construction data, including the location of the lift,
design, size, color, dimensions, and other pertinent information.
The plan shall contain a certification by a registered professional
engineer or architect that the lift components are securely anchored
to prevent them from shifting and from causing accelerated erosion.
J.
Public roads and private roads serving two or more
properties or single-family residences. A conditional use permit may
be issued for the construction, reconstruction, or right-of-way maintenance
for public roads and private roads serving two or more properties
or single-family residences if all of the following conditions are
met:
(1)
No new road may be constructed in slope preservation
zones, in an area 40 feet landward of blufflines, within 200 feet
of the river, within 100 feet of tributary watercourses or in wetlands.
(2)
Route design and construction or reconstruction shall
minimize visual impacts by using terrain features to blend the road
into the landscape, avoiding cuts and fills as much as feasible.
(3)
New roads shall be visually inconspicuous. Reconstruction
of existing roads shall be performed in a manner that does not increase
visibility of the road from the river.
(4)
Cutting or clearing vegetation for road right-of-way
maintenance shall be conducted in accordance with the following requirements:
(a)
Vegetation shall be managed to allow an understory
layer to remain in place to prevent erosion and allow succession.
Vegetation may not be disturbed in such a way that there would be
reduced quality or diversity of the plant community or increased potential
for erosion.
(b)
Herbicide use shall be limited to direct topical
application to cut stems to prevent regrowth. The pruning of normal
tree growth for safety reasons or to prevent interference with infrastructure
and the removal of noxious weeds is permitted.
(c)
Mowing of a safety zone from the edge of the
pavement back 15 feet or to the ditch bottom, whichever is less, and
clearing intersection vision triangles is allowed. Other parts of
the right-of-way may be mowed to control noxious weeds and undesirable
brush only after July 15 of each year to avoid impacts to ground-nesting
birds.
(d)
Cutting of trees more than four inches in diameter
at breast height is prohibited, except that trees that pose a hazard
to public health or safety may be removed.
K.
Bed-and-breakfast operations. A conditional use permit
may be issued for a bed-and-breakfast operation if all of the following
requirements are met:
L.
Home occupations. A conditional use permit may be
issued for the use of a single-family residence for a home occupation
if all of the following requirements are met:
(1)
The owner or person who rents the residence on a full-time
basis conducts the home occupation.
(2)
The home occupation is conducted inside of the residence
and is subordinate to the use of the home as a principal residence.
(3)
The home occupation will not cause environmental pollution.
(4)
If the home occupation causes additional persons to
visit the residence, sufficient parking is provided on the lot or
on public streets.
M.
Nature-oriented educational, nonprofit facilities.
A conditional use permit may be issued for a nature-oriented educational,
nonprofit facility if all of the following requirements are met:
N.
Reasonable accommodations for disabled people. Persons who claim to be disabled and who are requesting that they be allowed to take action because of their disability that would otherwise be prohibited under the zoning ordinance may apply for a variance pursuant to the procedures for a variance outlined in § 217-13. In order to allow a disabled person who is entitled to reasonable accommodations under the Americans with Disabilities Act, the Federal Fair Housing Act or the Wisconsin Open Housing Law to take action that would otherwise violate the requirements of a Lower St. Croix River District zoning ordinance, the Village shall issue an administrative permit to the disabled person. The Village may not issue variances to disabled persons unless the statutory variance criteria in § 59.694(7)(c), Wis. Stats., or § 62.23(7)(e)7, Wis. Stats., are satisfied. Any exterior structures that are constructed under an administrative permit must be removed within 90 days after the structures is no longer necessary as a "reasonable accommodation".
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Note: The Americans with Disabilities Act ("ADA"),
42 USC 12101 to 12213, requires states and local units of government
to take action to avoid discriminating against disabled persons in
their employment practices, in public accommodations and in all programs,
activities and services provided by the governmental entity. The Federal
Fair Housing Act, 42 USC 3601 to 3631, and the Wisconsin Open Housing
Law, § 106.50, Wis. Stats., require local governments to
make "reasonable accommodations" in the application of zoning ordinances
in order to provide equal opportunity to housing to disabled persons.
However, the issuance of a variance is not the appropriate mechanism
for granting reasonable accommodations that are required because of
a person's disabilities because, under Wisconsin law, variances can
only be granted based on the unique characteristics of the property.
|
A.
Nonconforming uses. A nonconforming use may not be
expanded or enlarged. An increase in the volume, intensity, or frequency
of use is allowed if the area used for the nonconforming use is not
enlarged. A change from one nonconforming use to another nonconforming
use is not allowed. If a nonconforming use is discontinued for a period
of 12 months, any future use of the building and premises shall conform
to all of the requirements of the local zoning ordinance.
B.
Nonconforming principal structures. In all management
zones, ordinary maintenance and repair of nonconforming principal
structures is allowed. However, structural alteration, reconstruction,
and expansion of nonconforming principal structures and replacement,
improvement or structural alteration of the foundation may only be
allowed if all of the following requirements are met, where applicable:
(1)
Reconstruction of nonconforming principal structures.
Nonconforming principal structures located within the ordinary high
water mark setback area, bluffline setback area or slope preservation
zone may be structurally altered or reconstructed and foundations
may be replaced, improved, or structurally altered if all of the following
requirements are met:
(a)
The lot has an area of at least 7,000 square
feet.
(b)
The altered or reconstructed structure will be visually inconspicuous or will be rendered so through mitigation in accordance with Subsection E.
(c)
The structure is altered or reconstructed in
the same footprint as the preexisting structure.
(d)
The height of the altered or reconstructed structure
complies with NR 118.06(1)(d). The reconstructed structure may not
be any taller than the preexisting nonconforming structure, except
that a flat roof may be replaced with a pitched roof.
(e)
The color of the structure complies with NR
118.06(2).
(f)
The property owner submits a mitigation plan that complies with the requirements of Subsection E. If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved, by the local zoning authority. The mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition.
(g)
Private on-site wastewater treatment systems
are brought into compliance with the requirements of ch. Comm. 83.
(h)
The foundation of the structure may not be replaced,
improved, or structurally altered. Notwithstanding the definition
of reconstruction in NR 118.03(36) and the preceding sentence, the
foundation of the structure may be replaced, improved, or structurally
altered in conjunction with the reconstruction of the structure if
the entire structure is more than 50 feet from the ordinary high water
mark and is not located in a slope preservation zone.
(i)
An erosion control plan and revegetation plan
shall be submitted to the local zoning authority for approval, or
modification and approval, prior to the issuance of a permit for the
structural alteration or reconstruction.
(j)
There will be no filling and grading activities
conducted during the alteration or reconstruction, except for the
minimum necessary to accomplish the alteration or reconstruction in
compliance with other provisions of this chapter, and as needed to
upgrade a private on-site wastewater treatment system, to replace
sewer or water laterals, or to install stormwater or erosion control
measures.
(k)
If the nonconforming principal residence is
located in a slope preservation zone, it may be reconstructed only
if Wisconsin construction site best management practices applicable
to steeper sloped areas are implemented to control erosion.
(2)
Expansion of nonconforming principal structures. Nonconforming
principal structures located in the ordinary high water mark setback
area or bluffline setback area may be expanded and the preexisting
foundation may be replaced, repaired, or structurally altered in conjunction
with the expansion if all of the applicable following requirements
are met:
(a)
Structures located wholly or partially within
50 feet of the ordinary high water mark may not be expanded.
(b)
Structures located wholly or partially within
slope preservation zones may not be expanded.
(c)
Structures entirely set back more than 50 feet
from the ordinary high water mark but located wholly or partially
less than 75 feet from the ordinary high water mark may be expanded
only if there is no compliant building location available on the lot.
(d)
Structures entirely set back more than 75 feet
from the ordinary high water mark may be expanded regardless of whether
a compliant building location exists elsewhere on the lot.
(e)
The lot has an area of at least 7,000 square
feet.
(f)
The expanded structure will be visually inconspicuous
or will be rendered so through mitigation.
(g)
Any reconstructed portion of the nonconforming
structure may only be reconstructed in the same footprint as the preexisting
structure. Notwithstanding the definition of "reconstruction" in NR
118.03(36), the preexisting foundation of a structure that is more
than 50 feet from the ordinary high water mark and is not within a
slope preservation zone may be replaced, repaired, or structurally
altered in conjunction with the expansion of the structure.
(h)
For structures located wholly or partially within
the ordinary high water mark setback area, the total footprint of
the structure may not exceed 1,500 square feet.
(i)
For structures located wholly or partially within
the bluffline setback, but not within the ordinary high water mark
setback area, the total footprint of the structure may not exceed
2,000 square feet, and the structure shall comply with all of the
requirements in NR 118.06(1)(f)4.
(j)
Expansion is on the side of the structure farthest
from the river or, if landward expansion is not possible, the expansion
is parallel to the ordinary high water mark or bluffline.
(k)
The height of the structure complies with NR
118.06(1)(d).
(l)
The color of the structure complies with NR
118.06(2).
(m)
The property owner submits a mitigation plan that complies with the requirements of Subsection E. If a permit is issued after a mitigation plan is approved, or modified and approved, by the local zoning authority, the mitigation plan shall be incorporated into the permit, and the property owner shall be required to implement the mitigation plan as a permit condition.
(n)
Private on-site wastewater treatment systems
are brought into compliance with the requirements of ch. Comm. 83.
(o)
An erosion control plan and revegetation plan
shall be submitted to the local zoning authority for approval, or
modification and approval, prior to the issuance of a permit for the
expansion.
(p)
There will be no filling or grading conducted
as part of the reconstruction or expansion except as necessary to
reconstruct or build the expansion in compliance with other provisions
of this chapter, upgrade a private on-site wastewater treatment system,
replace sewer or water laterals, or install stormwater or erosion
control measures.
C.
Nonconforming accessory structures. In all management
zones, ordinary maintenance and repair of nonconforming accessory
structures is allowed. Nonconforming accessory structures may not
be structurally altered, reconstructed, or expanded, except that garages
and storage sheds may be structurally altered, reconstructed, or expanded
if all of the following requirements are met where applicable:
(1)
The entire garage or storage shed is not located in
a slope preservation zone.
(2)
The entire garage or storage shed is set back more
than 75 feet from the ordinary high water mark.
(3)
The garage or storage shed is not used for human habitation.
(4)
The total footprint of all nonconforming accessory
structures, other than existing driveways, within 75 feet of the ordinary
high water mark, within a slope preservation zone or within the bluffline
setback area may not exceed 500 square feet.
(5)
The garage or storage shed is built with earth-tone
building materials that are nonreflective, except that windows may
be made of ordinary window glass or nonreflective glass, but may not
be made of glass designed to reflect more light than ordinary window
glass.
D.
Substandard lots. Lots of record in the Register of
Deeds' office on January 1, 1976, or on the date of the adoption of
an amendment to a riverway ordinance that makes a lot substandard,
which do not meet the requirements of this chapter, may be allowed
as building sites, provided that the following criteria are met:
(1)
Ownership.
(a)
The lot is in separate ownership from abutting
lands; or
(b)
The lot by itself or in combination with an
adjacent lot or lots under common ownership in an existing subdivision
has at least one acre of net project area. Adjacent substandard lots
in common ownership may only be sold or developed as separate lots
if each of the lots has at least one acre of net project area.
(2)
All structures that are proposed to be constructed
or placed on the lot and the proposed use of the lot comply with the
requirements of the Village's Lower St. Croix riverway ordinance and
any underlying zoning or sanitary code requirements.
E.
Mitigation requirements. Expansion or reconstruction
of nonconforming principal structures, and the expansion, reconstruction
or structural alteration of nonconforming accessory structures, shall
trigger mitigation requirements to offset the impacts of the proposed
project. Mitigation measures shall be roughly proportional to the
magnitude of the impacts of the proposed project on scenic resources,
water quality, erosion potential and the protection of the shoreland
area. Mitigation shall include, but may not be limited to, the following:
(1)
Planting trees capable of screening the entire structure,
if existing vegetation is not sufficient to render the structure visually
inconspicuous. The trees shall be native to the area, at least two
inches' diameter at breast height and planted no more than 12 feet
apart.
(2)
The vegetation in the area within 50 feet of the ordinary
high water mark shall be preserved or restored through planting of
native vegetation. Vegetation shall be established or maintained at
densities that are adequate to protect the water quality, habitat,
and natural scenic beauty of the shoreland area. If a nonconforming
structure is located in this area, the vegetation shall be planted
surrounding the structure, although the owner may create a screened
view of the river from the structure and may leave a fifteen-foot-wide
mowed area around the structure to protect it from wildfire.
(3)
Best management practices shall be followed to encourage
stormwater infiltration and to limit erosion and runoff. Note: Approved
best management practices for construction site erosion control can
be found in Wisconsin's Construction Site Best Management Practice
Handbook (WDNR Pub. WR-222 November 1993 Revision), which is available
from the Wisconsin Department of Administration, Document Sales, 202
S. Thornton Avenue, Madison, WI 53707.
(4)
An affidavit describing the approved mitigation plan
shall be executed and recorded with the County Register of Deeds by
the property owner within 14 days after approval of the mitigation
plan. The affidavit shall alert subsequent purchasers of the land
of the requirements of the mitigation plan.
The St. Croix River District is intended to
be an overlay district for purposes of interpreting the Village's
Zoning Code.[1] The intent and purpose of the district shall be to protect
and strengthen desirable and unique physical features, design characteristics,
and recognized identity, charm and flavor associated with living within
the Riverway. The primary emphasis is given to the preservation of
existing historic buildings and to ensure that all future erection,
construction, reconstruction, or additions to primary and accessory
structures meet the historic theme architectural standards. The design
of new structures should enhance and contribute to the aesthetic character
and function of the property and the surrounding neighborhood.
A.
All permits for construction, reconstruction, expansion, or structural alteration of a building or other structure or other land development shall be submitted pursuant to the Building Construction and Fire Prevention Code (Chapter 92).
B.
Regulated activities. Activities regulated within
the Small Town Historic District shall include any act or process
that changes one or more of the architectural features of a structure
or site, including, but not limited to, the demolition, erection,
construction, reconstruction, relocation of, or addition to a structure,
including fences. All regulated activities shall require the issuance
of a certificate of appropriateness by the Historic Preservation Commission.
C.
Historic theme architectural standards.
(1)
The following standards shall apply to all regulated
activities within the River Town and Small Town Historic Districts:
(a)
The regulated activity should be consistent
with the goal of preserving and maintaining the exceptional scenic,
cultural, and natural characteristics of the Lower St. Croix Riverway.
(b)
The existing historic characteristics of any
property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a
property shall require Historic Preservation Commission approval.
(c)
Each property shall be recognized as a physical
record of its time, place, and use.
(d)
New additions, exterior alterations, or related
construction shall not destroy the materials that characterize the
property.
(e)
New work shall be compatible with the massing,
size, scale, and architectural features of existing structures on
the property or to the existing character of the neighborhood.
(2)
The specific requirements for review by the Historic
Preservation Commission are as follows:
(a)
For all projects:
[1]
Written design statement on the architectural
intent of the structure.
[2]
Written analysis of how the proposed development
meets the applicable design guidelines and all other applicable standards
and criteria.
[3]
Site analysis, including information on any
significant man-made and natural features, historic and archaeological
sites, and features to be retained, moved or altered.
[4]
Photographs of all four sides of any existing
structures. (Photographs shall be submitted in printed copy and in
digital form.)
(b)
For new construction, addition or extensive
renovation or repair:
[1]
Survey plat of the property showing all property
lines with metes and bounds and dimensions.
[2]
Site plan of the property at an appropriate
engineering scale showing the proposed use and relevant information
regarding proposed improvements in relation to property line, including
building footprints, parking, walks, driveways, curb cuts, curblines,
any other paved areas, ramps, parking, and access provisions for the
handicapped, walls, fences, dumpster pads and screening materials,
and easements.
[3]
Analysis of architectural elements within 200
feet of the subject site.
[4]
Pictures of principal buildings on surrounding
properties. (Photographs shall be submitted in printed copy and in
digital form.)
[5]
Front, rear, and side building elevation drawings
of existing and proposed buildings, drawn to an appropriate architectural
scale. Said exterior elevation drawings shall clearly show in sufficient
detail the exterior appearance and architectural design of proposed
change(s) to buildings or structures and new construction, as applicable.
[6]
Elevation drawing of accessory structures (e.g.,
signs and lighting) that are made a part of the application.
[7]
Material samples and color palate for exterior
finishes.
A.
Purpose and interpretation. In order to give the district
use regulations of this chapter the flexibility necessary to achieve
the objectives of the Village Master Plan, conditional uses are permitted,
subject to the granting of a use permit. Conditional uses include
those uses generally not suitable in a particular zoning district,
but which may, under some circumstances, be suitable. When such circumstances
exist, a conditional use permit may be granted. The permit shall be
issued for a particular use and not for a particular person or firm.
Conditional use permits shall not be required for the occupancy of
any building whose general use is consistent with the underlying zoning
district and where the occupancy will not require any addition, alteration,
or improvement to the structure or will result in noncompliance with
current stormwater regulations.
B.
Criteria for issuance of permit. In granting a conditional
use permit, the Plan Commission and the Village Board shall find that:
(1)
The use will be in conformity with the Village's Master
Plan and with the purpose, intent, and applicable standards of this
chapter.
(2)
The use shall be located, designed, maintained, and
operated to be compatible with the existing or intended character
of that zoning district in which it is located.
(3)
The use shall not depreciate values of surrounding
property.
(4)
The use shall not be hazardous, detrimental or disturbing
to present and potential surrounding land uses due to noises, glare,
smoke, dust, odor, fumes, water pollution, vibration, general unsightliness
or other nuisances. Specific conditions shall include:
(a)
All refuse areas shall be screened in materials
architecturally compatible with the primary structure.
(b)
No vehicles may be parked on grass, curb islands,
sidewalks, and other landscaped areas.
(c)
No outside storage of scrap metal, auto parts,
or the like is allowed.
(d)
All outdoor illumination shall provide lenses,
reflectors, or shades that will concentrate the light upon the premises
to prevent glare or direct rays of light from being visible upon any
adjacent public right-of-way or any private property. Lighting from
any source on the property may not exceed three footcandles as measured
from the center line of any adjacent street nor three footcandles
at any property line, which is not also a public right-of-way line.
(5)
The use shall be served adequately by essential public
services, such as streets, police, fire protection, and utilities
(where available).
(6)
The use shall not create excessive additional requirements
at public cost for public facilities and services and shall not be
detrimental to the economic welfare of the Village.
(7)
The use shall preserve and incorporate the site's
important natural and scenic features into the development design.
(8)
The use shall cause minimal adverse environmental
effects.
(9)
The use shall not adversely affect the potential development
of adjacent vacant land.
C.
Application for permit. An application for a conditional
use permit shall be filed with the Village Administrator and shall
be accompanied by 10 copies of the information required pursuant to
NR 118.09(2)(b).
D.
Public hearing by Plan Commission. The Plan Commission
shall hold at least one public hearing, giving at least thirty-day
notice to the Department of Natural Resources, the West Central Regional
Planning Commission, and the National Park Service. The written record
of the hearing and report to the Village Board shall comply with NR
118.09(2)(d).
E.
Action by Board. The Village Board shall take action
on conditional use permit applications, and the granting of a conditional
use permit shall require a majority vote of the Village Board.
F.
Revocation of permit. A violation of any condition
set forth in a conditional use permit shall be a violation of this
chapter and shall constitute grounds for revocation of the conditional
use permit by the Village Board.
G.
Expiration of permit. A conditional use permit shall
be for a period of one year and may be renewed as the Village Board
may provide. Any permit not used within one year of issuance shall
become void.
A.
Purpose and interpretation. Variances can be granted
from the requirements of this chapter that will not be contrary to
the public interest and where, due to special conditions, a literal
enforcement of the provisions of the chapter will result in unnecessary
hardship, so that the spirit of the chapter shall be observed and
substantial justice done. Economic considerations alone may not constitute
a hardship if a reasonable use for the property exists under the conditions
allowed by this chapter. Conditions may be imposed in the granting
of variances to ensure compliance and to protect properties and the
public interest, especially concerning the view of the river.
B.
Application for variance. An application for a variance
shall be filed with the Village Administrator and shall be accompanied
by 10 copies of the information required pursuant to NR 118.09(2)(b).
C.
Public hearing by Board of Appeals. The Board of Appeals
shall hold at least one public hearing, giving at least thirty-day
notice to the Department of Natural Resources, the West Central Regional
Planning Commission and the National Park Service. The written record
of the hearing shall comply with NR 118.09(2)(d).
D.
Action by Board of Appeals. Action on a variance applications
shall be taken by the Board of Appeals pursuant to the authority granted
under § 62.23(7)(e), Wis. Stats.
Any person violating any provision of this chapter or any rule, regulation or order made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
A.
Table of permitted (p) and conditional (c) uses in
residential districts.
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B.
Table of permitted (p) and conditional (c) accessory
uses in residential districts.
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C.
Table of permitted (p) and conditional (c) uses in
nonresidential districts.
[Amended 4-11-2023 by Ord. No. 23-05]
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D.
Table of permitted (p) and conditional (c) accessory
uses in nonresidential districts.
[Amended 4-11-2023 by Ord. No. 23-05]
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