A.
Structure color.
(1)
All new, expanded, or reconstructed structures shall be earthtone
in color.
(2)
Structures designated as historic buildings on local, state, or national
historic registers or located in designated historic districts shall
either be earthtone in color or colored appropriate to the period
in history for which they are designated.
B.
Signs. Signs are allowed with a land use permit per § 240-62 and if one or more of the following standards are met:
C.
Slope preservation zone.
(1)
No structures, except piers, wharves, structural erosion control
measures, stairways, and lifts, may be placed in slope preservation
zones.
(2)
Slopes greater than 12% may not be altered to become less than 12%.
(3)
No filling or grading is allowed in slope preservation zones that
directly face and/or drain directly to the river.
D.
Structural erosion control.
(1)
Except for rock riprap as allowed per Subsection F, structural erosion control measures above the OHWM and within the OHWM setback area and bluffline setback area are allowed with a land use permit if all of the following standards are met:
(a)
The structural erosion control measure is constructed outside
of the slope preservation zone.
(b)
The Zoning Administrator determines that structural erosion
control measures are necessary to address significant ongoing erosion
that nonstructural erosion control measures cannot control.
(c)
The structural erosion control measure is constructed of natural
materials and is made as visually inconspicuous as is reasonable.
(d)
The structural erosion control measure is designed in accordance
with USDA Wisconsin Field Office Technical Guide (WI FOTG) Section
IV or any subsequent revisions to USDA standards.
(2)
Constructing, updating, maintaining or reconstructing structural
erosion control measures in slope preservation zones is allowed by
a conditional use permit if all of the following standards are met:
(a)
The Zoning Administrator determines that structural erosion
control measures are necessary to address significant ongoing erosion
that nonstructural erosion control measures cannot control.
(b)
The structural erosion control measure is constructed of natural
materials and is made as visually inconspicuous as is reasonable.
(c)
The person seeking to construct the structural erosion control
measure submits and has approved by the Zoning Administrator all of
the following items:
[1]
A detailed construction plan with timelines and contact information.
[3]
An erosion control plan that shows 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.
E.
Filling and grading.
(1)
Filling and grading outside of a slope preservation zone as described in § 239-8B(2) are allowed with a land use permit if all of the following standards are met:
(a)
No filling, grading, or draining of wetlands is allowed.
(b)
No filling and grading activities within 40 feet of a slope
preservation zone are allowed.
(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, tree damage, and impairment
of fish and wildlife habitat.
(e)
WDNR stormwater construction technical standards are implemented.
(f)
Filling and grading activities does not disturb more than 10,000
square feet of land.
F.
Rock riprap and shoreland protection. Rock riprap within a slope
preservation zone and in the OHWM setback area is allowed with a land
use permit if the Zoning Administrator determines that riprap is necessary
to prevent erosion in flood-prone areas and if all of the following
standards are met:
(1)
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)
The rock riprap is designed in accordance with the WI FOTG Section
IV and any subsequent revisions to USDA standards, or approved by
the Land Conservation Department.
(3)
Existing vegetation on the shoreline and in the water is maintained
as much as possible, and reasonable, without disturbance.
(4)
All bare soil on the slope above the riprap shall be stabilized with
a native seed mix, native vegetation, or mulch.
(5)
Deep-rooted native vegetation shall be planted among the riprap to
help stabilize it, screen it, and enhance wildlife habitat.
(6)
The property owner shall be responsible for maintaining the riprap
as follows:
(a)
Upon the first rainfall following installation of the riprap,
an inspection shall be made.
(b)
Thereafter, riprapped areas shall be checked following large
storms or floods, especially those that are near or exceed the storm
frequency used in the design. Displaced riprap should be removed from
its downstream location and new riprap placed according to the specifications
above.
G.
Vegetation management.
(1)
Vegetation in the Riverway District shall be managed with the goals
of:
(a)
Maintaining the essential character, quality, and density of
native growth.
(b)
Screening structures to make them visually inconspicuous.
(c)
Preventing disturbance of environmentally sensitive areas such
as, but not limited to, steep slopes, shorelines, and blufftop areas.
(d)
Maintaining and restoring historically and ecologically significant
plant communities and enhancing diversity.
(e)
Maintaining and restoring native ground cover, understory, and
overstory vegetation.
(2)
Successional climax forest and presettlement oak savanna will be
the preferred ecotypes.
(3)
Vegetative screening of structures will take priority over restoration
and maintenance of preferred ecotypes.
(5)
All of the following vegetation management standards shall apply
whenever vegetation is disturbed in the Riverway District:
(c)
Lawns within the OHWM setback areas, slope preservation zones,
and bluffline setback areas may not be expanded. However, the mowing
of existing lawns may be continued.
(d)
The growth and harvest of non-wood fiber crops, the removal
of vegetation in order to allow permitted uses or structures or special
exception 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 per § 66.0407,
Wis. Stats., are allowed.
(e)
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
management plan.
(f)
Compatible and comparable native species of vegetation shall
be used for replacement or new plantings.
(g)
Noxious weeds, exotic species, poison ivy, poison oak, or any
other vegetation that is removed shall be replaced with native vegetation.
(h)
The practice of forestry shall be allowed on lands for which
a forest stewardship plan has been developed under Chapter 77, Wis.
Stats., or Wisconsin Administrative Code Chapter NR 46 or 47, and
on lands managed under forest stewardship.
[1]
Forest stewardship plans shall employ best management practices
for water quality protection, erosion control, and generally accepted
forest management guidelines and must be approved by a WDNR forester.
Generally accepted forest management guidelines are contained in Wisconsin
Forest Management Guidelines, PUB-FR-226 2003, available from the
WDNR.
[a]
Forest stewardship plans prepared under this section
shall be implemented to employ commonly accepted silvicultural practices
approved by a WDNR forester, to ensure that silvicultural practices
are compatible with the riverway goals or protecting natural scenic
values and ensuring that structures will remain visually inconspicuous.
[2]
Forest stewardship plans shall be submitted to the Zoning Administrator
to be kept in a property file.
[a]
Cutting, harvesting or removing 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:
[b]
Small regeneration cuts with boundaries designed
to harmonize with naturally occurring shapes;
[c]
Shelter wood cuts not to exceed the size, shape,
spacing or timing of regeneration cuts; or
[d]
Selection cuts leaving a residual timber stand
of at least 60 square feet basal area.
(i)
In addition to any other penalties, the penalty for removing
vegetation in violation of this chapter shall include replacement
of vegetation with native vegetation at the property owner's
expense according to the following schedule:
|
Tree Replacement Schedule
| ||
|---|---|---|
|
DBH of Existing Tree
Removed
|
Number of Replacement Trees
(2 inches DBH)
| |
|
Less than 6 inches
|
1
| |
|
Between 6 and 12 inches
|
3
| |
|
Between 12 and 18 inches
|
4
| |
|
Between 18 and 24 inches
|
5
| |
|
Between 24 and 30 inches
|
7
| |
|
Between 30 and 36 inches
|
10
| |
|
Greater than 36 inches
|
The equivalent of 2-inch DBH trees or greater needed to equal
the DBH of the removed trees
| |
|
DBH = Diameter at breast height.
| ||
H.
Private on-site wastewater treatment systems (POWTS). Private on-site wastewater treatment systems shall be constructed in accordance with the requirements of Wisconsin Administrative Code Chapter Comm 83 and Chapter 191, Pierce County Sanitary Ordinance.
I.
Land divisions. Land divisions are allowed by conditional use permit
if all of the following standards are met:
(1)
All lots proposed to be built upon shall meet the minimum lot size requirements per § 239-9 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 lots will not be allowed if there exists unfavorable soil
and rock formations, unfavorable topography, or any other feature
that 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 property owner shall consult with the State Historical Society
concerning potential impacts to archeological sites and provide related
documentation to the Zoning Administrator.
(a)
If the property is found to contain an archeological site, the
applicant shall work with the Zoning Administrator to develop and
implement a plan to avoid or mitigate impacts to the archeological
site with assistance from the State Historical Society.
J.
Planned residential and cluster developments. Planned residential
and cluster developments are allowed by conditional use permit if
all of the following standards 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 as provided in § 239-9.
K.
Wireless communications and other transmission facilities.
(1)
Installation, reconstruction, modification and replacement of wireless communications service facilities are allowed by conditional use permit if § 240-41C and all of the following standards are met:
(a)
Construction and maintenance shall be conducted using techniques
that 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.
(b)
Wireless communications service facilities shall use building
materials, colors, textures, screening and landscaping that blend
the facilities with surrounding natural features or nearby structures
and shall be visually inconspicuous.
(c)
Wireless communications service facilities shall be of camouflage
or stealth design, unless placed on existing structures.
(d)
Wireless communications service facilities 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 communications service facilities as measured horizontally,
whichever is higher.
(e)
New or reconstructed wireless communications service facilities
may not be placed in slope preservation zones, floodplains or wetlands.
(2)
Construction, updating, maintenance or reconstruction of transmission services are allowed by conditional use permit if § 240-41C and all of the following standards are met:
(a)
All new, updated or reconstructed transmission services shall
be placed underground when determined to be technically feasible by
the Zoning Administrator. If an applicant seeks to establish that
underground placement is technically infeasible, the application shall
explain in detail what factors make it infeasible.
(b)
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 District.
(c)
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.
(d)
The cutting or clearing of vegetation for transmission service
maintenance may be conducted subject to the following standards:
[1]
An understory layer of vegetation shall be maintained to prevent
erosion and allow succession.
[2]
Vegetation management shall protect the quality and diversity
of the plant community and prevent erosion.
[3]
Herbicide use shall be limited to direct topical application
to cut stems to prevent regrowth.
[4]
The pruning of normal tree growth for safety reasons or to prevent
interference with the transmission service and removal of noxious
weeds is allowed.
L.
Stairways. Stairways are allowed by conditional use permit 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 48 inches.
(3)
Landings are located at a vertical interval of not less than 20 feet
and shall not exceed 40 square feet in area.
(4)
Handrails may be permitted in conjunction with stairways and shall
be painted or stained the same color as the stairways.
(5)
Canopies or roofs are not allowed on stairways.
(6)
Stairways, handrails and landings shall be anchored and supported
above grade with pilings or footings.
(7)
Stairways shall be constructed of unfinished wood or stone or shall
be painted or stained with earthtone colors.
(8)
Stairways shall be visually inconspicuous and shall be located in
the most visually inconspicuous portion of the lot.
(9)
Native vegetation plantings shall be used to form a vegetative canopy
to screen the stairway from the river.
(10)
Vegetation shall effectively screen stairways from the river
within five years.
(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 river.
(13)
A plan shall be submitted to the Zoning Administrator and certified
by a registered professional engineer or architect showing that the
stairway components are securely anchored to prevent them from shifting
and from causing accelerated erosion.
M.
Lifts. Lifts are allowed by a conditional use permit if all of the
following standards 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 designed 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. Cars may
have handrails, but no canopies or roofs shall be allowed.
(4)
Lifts shall be located in the most visually inconspicuous portion
of the lot. The location of the transporting device or power source
shall be visually inconspicuous.
(5)
All visible parts of the lift shall be painted or finished in earthtone,
nonreflective colors and shall be visually inconspicuous.
(6)
Native vegetation plantings shall be used to form a vegetative canopy
to screen the lift from the river.
(7)
Vegetation shall effectively screen lifts from the river within five
years.
(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 river.
(10)
A plan shall be submitted to the Zoning Administrator and certified
by a registered professional engineer or architect showing that the
lift components are securely anchored to prevent them from shifting
and from causing accelerated erosion.
N.
Public and private roads.
(1)
Construction, reconstruction or right-of-way maintenance for public
roads and private roads serving two or more properties or single-family
residences is allowed by a conditional use permit if all of the following
standards are met:
(a)
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.
(b)
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.
(c)
New roads shall be visually inconspicuous.
(d)
Reconstruction of existing roads shall be performed in a manner
that does not increase visibility of the road from the river.
(e)
Cutting or clearing vegetation for road right-of-way maintenance
shall be conducted in accordance with the following standards:
[1]
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.
[2]
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 allowed.
[3]
The 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.
[4]
The cutting of trees more than four inches in diameter breast
height is prohibited, except that trees that pose a hazard to public
health or safety may be removed.
O.
Bed-and-breakfast operations. A bed-and-breakfast operation is allowed
by conditional use permit if all of the following standards are met:
P.
Nature-oriented, educational nonprofit facilities. A nature-oriented,
educational nonprofit facility is allowed by conditional use permit
if all of the following standards are met:
Q.
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.
