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HomeMy WebLinkAboutOrdinance 2006 (740) 1 -, AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Sections; 17.09, 17.12, 17.14, 17.145 and 17.15 Ordinance No. - 1 q b C St. Croix County, Wisconsin The St. Croix County Board of Supervisors does ordain as follows: WHEREAS, Chapter 17 Zoning, St. Croix County Code of Ordinances, needs to be updated to conform to Wisconsin Statutes § 93.90 and Wisconsin Administrative Code Chapter ATCP 51 Livestock Facility Siting. THEREFORE, Sections 17.09, 17.12, 17.14, 17.145 and 17.15 of Chapter 17 of the St. Croix County Code of Ordinances is hereby amended as shown in the attached document titled "AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Sections; 17.09, 17.12, 17.14, 17.145 and 17.15," dated October 31, 2006. Offered by the Planning and Zoning Committee on October 31, 2006. YES NO ABSTAIN ABSENT SUPERVISOR SIGN ❑ ❑ ❑ Wallace Habhegger f4 ❑ ❑ ❑ Lois Burri ❑ ❑ ❑ Stan Krueger ❑ ❑ ❑ Eugene Ruetz C& ❑ ❑ ❑ Ronald Troyer !1� This Resolution was opted by the St. Croix County Board Reviewed by Corporation Counsel on _ a 0 0 6, of Supervisors on C C+ . 3 f a 66 �o Greg TirWnerman, Corporation Counsel Cindy Campbel , C unty Clerk STATE OF WISCONSIN COUNTY OF ST. CROIX I. Cindy Ca r*W, St. Croix County Clerk, DO HEREBY CERTIFY that the foregoing is a true and correct copy of adopted by the County oard of Supervisors at theb rn*@ g. heid I ( ° Cindy Campbei , St. Croix County Clerk 1 fi AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Sections; 17.09, 17.12, 17.14, 17.145 and 17.15 October 31, 2006 Amendments are identified and shown below. Specific language changes are shown as strike out for deletions and underline for additions in each section. 17.09 DEFINITIONS.... Ani U O an i m al ;t sh be defi the equ i v alent of any e fth f ll v vv One ( 1 ) e ew, s ,-1.,,,11. 9, F-atif (4) llamas; - keys; T✓ a 100 e hie rer ,. Y 100 rabbits. Animal Unit: As defined in Wisconsin Administrative Code Chapter NR 243. Animal Waste: Manure, milking center waste and other organic waste generated by livestock, farm animals, or any number combination of animal units or portion thereof. It includes animal bedding, water, soil, hair, feathers, and other debris that becomes intermingled with animal excreta in normal waste handling operations. Animal Waste Storage Structure: A waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. Does not include equipment used to apply waste to land. For purposes of §§ ATCP 51.12 (2) and 51.14, does not include any of the following: (a) A structure used to collect and store waste under a livestock housing facility. acility. (b) A waste digester consisting of a sealed structure in which animal waste is subjected to managed biological decomposition. Animal Waste Utilization: The a ibati6 lrofi ti►itnal waste on suitable land in a manner which will achieve compliance.. with,� ; L,ve�s�,. Mer ''A"`ce standards and prohibitions established in Wisconsin AdministratiV&IC6 e.-C -hapMf� lNI. 5I:,.`WCS Conservation Practice Standard Code 590 and meet other`designated`water quality bbj2cNYves. Land suitable for animal waste utilization excludes wetlaxids,br lends. hglk vu,.Ah ,gHWM, closed depressions, slopes in excess of 25% and other areas that may he..det %edea &{st nsitive and adversely affecting surface water or groundwater quality ... 1 x AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Sections; 17.09, 17.12, 17.14, 17.145 and 17.15 Livestock: Domestic animals traditionally used in this state in the production of food fiber or other animal products including cattle swine poultry, sheep and goats It does not include equine animals, bison, farm— raised deer, fish captive game birds ratites camelids or mink Livestock Facility: A feedlot dairy farm or other operation where livestock are or will be fed confined, maintained or stabled for a total of 45 days or more in any 12 —month period It includes all of the tax parcels of land on which the facility is located but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for purposes of this ordinance except that an operator may elect to treat a separate species facility as a separate livestock facility. Livestock Structure: A building or other structure used to house or feed livestock to confine livestock for milking to confine livestock for feeding other than grazing, to store livestock feed or to collect or store waste generated at a livestock facility. Livestock structure includes a barn milking parlor, feed storage facility, feeding facility, animal lot or animal waste storage structure. Livestock structure does not include a pasture or winter grazing area a fence surrounding a pasture or winter grazing area a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock. 17.12 GENERAL PROVISIONS.... (12) The following regulations apply to all animal units except household pets in all districts: (a) No animal units may be kept on lots or parcels less than three acres (b) No animal units may be kept on lots or parcels in a major subdivision unless provided for in the plat. (c) One animal unit per acre of land suitable for animal waste utilization consistent with NRCS 590 is allowed without a permit on lots or parcels of 3 acres or more in size. (d) Exceeding one animal unit per acre of land suitable for animal waste utilization, consistent with NRCS 590 or 500 or more animal units may be allowed with a special exception permit Separate standards for livestock facilities are found in each agricultural district (13) The following structure setback provisions apply to livestock structures animal waste storage structures and other structures housing one or more animal units in the Agricultural and Agricultural Two Districts (a) All structures must be set back at least 100 feet from any Property line or public road ri ght -of -way if the facility has less than 1000 animal units 2 AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Sections; 17.09, 17.12, 17.14, 17.145 and 17.15 (b) All structures must be set back at least 200 feet from any property line or 150 feet from a public road right-of-way if the facility has 1000 animal units or more. (c) Animal waste storage structures must be set back at least 350 feet from any property line or the nearest point of any public road ri t -of -way unless: 1. The animal waste storage structure existed prior to May 1, 2006. 2. The animal waste storage structure is a single new structure constructed no closer to the relevant property line or public road than an animal waste storage structure that existed on the same tax parcel prior to May 1, 2006, provided that the new structure is no larger than the existing structure and is located within 50 feet of the existing structure. ( 14) The following; structure setback provisions apply to livestock structures, animal waste storage structures and other structures housing one or more animal units in the Agricultural Residential District. (a) All structures must be set back at least 200 feet from any property line or 150 feet from any public road ri t- of-way. (b) Animal waste storage structures must be set back at least 350 feet from any property line or nearest point of any public road right -of -wad ... 17.14 AGRICULTURAL DISTRICT.... (1) PERMITTED USES.... (h) Livestock facilities that exceed one animal unit per acre of land suitable for animal waste utilization or livestock facilities of 500 animal units or more are allowed with a land use permit, subject to the following minimum standards: (1) Wisconsin Administrative Code Chapter ATCP 51, Livestock Facility Sitin . (2) Wisconsin Administrative Code Chapter NR 243, Animal Feeding Operations. (3) Wisconsin Administrative Code Chapter NR 151, Runoff Management. (4) St. Croix County Code of Ordinances Chapter 11, Animal Waste Management. (5) Natural Resources Conservation Service (MRCS) Conservation Practice Standard Code 590, Nutrient Management. 3 M AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Sections; 17.09, 17.12, 17.14, 17.145 and 17.15 (4) SIDE YARD. The provisions of §17.12(13) and §17.13(4) shall apply_; eft (5) REAR YARD. The provisions of §17.12(13) and §17.13(5) shall apply, -exeept greenhouses or- buildings that hetise livesteek ef poultry shall be leeated 100 fi�� (6) SPECIAL EXCEPTIONS. ... Home occupation, pursuant to sec. 17.155. Slaughterhouses which shall not be located less than 700' from any lot line shared with property upon which a dwelling�may be located. 0 Pea viners sawmills or charcoal kilns which shall not be located less than 700' from any lot line shared with property upon which a dwelling maybe located. (gl') Airstrips, private or personal, subject to the following procedures and standards:... 3. Each such written application shall be accompanied by the payment of the appropriate tagethet: the ,,� A �; Y heari a a befere the Board- of AgJt1S� ... (h) Livesteek aper-afie- )f efte animal unit per- aeFe of land. siaitable -evision of Ch. NR 243, Wis. Adm. anifnal waste disposal, eensistent with the pr Slaughter-houses, whieh shall net be leeated less then . e from any lot line she& > > v4tieh shall net be laeaed less Offin 700' from 17.145 AGRICULTURAL DISTRICT TWO.... (4) SIDE YARD. The provisions of § 17.12(3) and § 17.13(4) shall apply. (5) REAR YARD. The provisions of §17.12(13) and §17.13(4) shall apply. (6) SPECIAL EXCEPTIONS. ... 4 AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Sections; 17.09, 17.12, 17.14, 17.145 and 17.15 (11 T , .,t .ek epef i o o of o an i fn a4 , it pe aefe e f 1.,,xd t 1.1 3ui �uvi� fer- animal waste dispesal, eensistepA with the pfeN4s-iens ef Ch. ? 243, Wis n ,a,., Ced (ml) Airstrips, private or personal, subject to procedures and standards established under § 17.14(6)(g). (nm) Bed and breakfast establishment, in compliance with §50.50, Wisconsin Statutes. (en) Golf course and uses incidental to a golf course, including the limited service of food and beverages. (po) Home occupation, pursuant to § 17.155. 17.15 AGRICULTURAL RESIDENTIAL DISTRICT. ... (1) PERMITTED USES. (a) Any use permitted in the Agricultural District except livestock facilities that exceed one animal unit per acre of land suitable for animal waste utilization or livestock facilities of 500 animal units or more. (b) Agricultural supply businesses such as farm machinery dealers and seed, fertilizer and chemical dealers, and industries which process agricultural products largely produced on nearby farms. 1 aefes of mer-e when-. aer-es in size, 2. One ani i m ed unit , m tt e 5 (dc) One smgle_family r°s�ee dwelling (ed) Conservation Design Development pursuant to § 17.21 CONSERVATION DESIGN DEVELOPMENT and Conservation Design Development application, and design review, objectives and standards pursuant to Chapter 13 Land Division Ordinance.... (3) HEIGHT. The provisions of §17.13(3) shall apply to buildings used for human habitation. (4) SIDE YARD. The provisions of § 17.12 (14) and § 17.13(4) shall apply_ to residential 5 AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING: Sections; 17.09, 17.12, 17.14, 17.145 and 17.15 (5) REAR YARD. The provisions of § 17.12 (14) and § 17.13(5) shall apply, to (6) SPECIAL EXCEPTIONS.... for- aiiimal waste dispesa4, eensistent with the pro i i ns ef Ch. NR 243, Wis. Adm. Cede, ef the keeping ef Afm anifaals on pafeels less than 2 1 74 acres. (po) Airstrips, private or personal, subject to the procedures and standards established under § 17.14(6)(gi). (qp) Bed and breakfast establishment, in compliance with §50.50, Wisconsin Statutes. (rq) Golf course and uses incidental to a golf course, including the limited serving of food and beverages. (sr) Home occupation, pursuant to sec. 17.155. (us) Institutional and governmental uses. (vt) Temporary establishment and operation of a portable ready -mix concrete plant for the production of material to be used in the construction or maintenance of public roads, to be limited in time to a specific project duration. (u) Livestock facilities that exceed one animal unit per acre of land suitable for animal waste utilization or livestock facilities of 500 animal units or more maybe allowed with a special exception permit, subject to the following minimum standards: (1) Wisconsin Administrative Code Chapter ATCP 51, Livestock Facility Siting. (2) Wisconsin Administrative Code Chapter NR 243, Animal Feeding Operations. (3) Wisconsin Administrative Code Chapter NR 151, Runoff Management. (4) St. Croix County Code of Ordinances Chapter 11, Animal Waste Mana e ment. (5) Natural Resources Conservation Service (MRCS) Conservation Practice Standard Code 590, Nutrient Management. ... 6 AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING Section 17.72 Rezoning Amendments Ordinance No. - 7 4 41 (2-000 St. Croix County, Wisconsin The St. Croix County Board of Supervisors does ordain as follows: WHEREAS, Tom and Tony Dallman applied to St. Croix County Planning and Zoning Department to rezone approximately 9 acres in the SW 1/ of Section 31, T28N, R17W, Town of Pleasant Valley, from Agricultural to Agricultural Residential; and WHEREAS, the St. Croix County Planning and Zoning Committee held a public hearing on the rezoning request on September 27, 2006 in the St. Croix County Government Center in Hudson, Wisconsin; and WHEREAS, the St. Croix County Planning and Zoning Committee considered all written information and verbal testimony presented at the hearing, and made the following findings in support of the request: 1. The Town of Pleasant Valley has recommended approval and identified that the proposed use is in compliance with WSS 91.77. 2. The request is consistent with the County Development Management Plan and the County Natural Resources Management Plan based on: a. The parcel is in the rural planning area and is an appropriate use. b. The proposed use is consistent with minimum lot size requirements in the rural planning area. c. The request is consistent with the surrounding neighborhood, countryside or terrain. d. The proposed use has minimal potential to adversely impact stormwater management and can be easily managed. e. The proposed use has minimal potential to adversely impact water resources with sedimentation resulting from erosion. f. The proposed use has minimal potential to adversely impact shoreland areas or wetlands and closed depressions located in shoreland areas. g. The proposed use has minimal potential to adversely impact closed depressions or wetlands. h. The proposed use is consistent with restricting development on slopes in excess of 20 %. i. The proposed use is consistent with policies to preserve woodlands, prairie remnants, unique open spaces, or environmental corridors. }. The prop9seduse is generally consistent or not in conflict with the St. Croix County Natural Resources Management Plan. 3. the proposed use can comply with applicable County Land Use Ordinances. 4. The request is consistent with the spirit and intent of applicable County Land Use Ordinances. 1