HomeMy WebLinkAboutOrdinance 2005 (694) ORDINANCE AMENDING CHAPTER 17
ST. CROIX COUNTY LAND USE ORDINANCE
REZONING LAND FROM AGRICULTURE TO AG- RESIDENTIAL
ORDINANCE NO._Laq " C 260
WHEREAS, the Statutes of the State of Wisconsin provide for a Planning and Development
Committee to act in all matters pertaining to county planning and zoning; and
WHEREAS, the St. Croix County Board has established the St. Croix County Planning and
Zoning Committee; and
WHEREAS, at the request of the County Board this Committee is to review petitions, hold
public hearings, and present its recommendations for rezoning requests to the County Board for
action; and
WHEREAS, the St. Croix County Planning and Zoning Committee held a public hearing on
the rezoning request of NORTH DAKOTA STATE UNIVERSITY on May 5, 2005, in the St.
Croix County Government Center in Hudson, Wisconsin; and
WHEREAS, the St. Croix County Planning and Zoning Committee having considered all
written information and verbal testimony presented at the hearing, and finding that the request
meets the requirements of Wis. Statute 91.77, voted to approve a rezoning of the following
described land:
134.89 + / -acres of land located in the West %2 of the NE 1 /4 and the East % of the NW 1 /4
of Section 11 lying north of the centerline of Coulee Trail; all in T28N, R1 9W, Town of
Troy, St. Croix County, Wisconsin.
Based on the following findings:
1. Adequate access to the site exists off of County Road U to the east and Coulee Trail to the
south.
2. The proposed land use district consistent with surrounding land use districts and is not
considered as "spot zoning ".
3. The proposed us is consistent with surrounding land uses.
4. The property does not appear to have economic deposits of sand and gravel.
5. The parcel is in the rural planning area and is an appropriate use.
6. The proposal of lot sizes less than 2.0 acres is consistent with plan policies due to the Town's
transfer of development rights program.
7. The request is consistent with the surrounding neighborhood, countryside or terrain.
8. Development can be designed to be consistent with environmental policies concerning
stormwater management, erosion and sediment control, placement of wells and POWTS
wetland protection, slope preservation, woodland preservation, open space preservation.
9. It appears that the proposed use can comply with standards in the Land Use, Subdivision and
Sanitary ordinances.
10. The Town of Troy has recommended approval of the rezoning and states that the rezoning
does comply with Wisconsin Statutes Chapter 91.77.
4
` THEREFORE, BE IT NOW ORDAINED by the St. Croix County Board of Supervisors, meeting
in regular session, that the 134.89 + / -acre parcel in the Town of St. Joseph is now rezoned from
Agriculture to Ag/Residential.
Dated this A day of n , 2005.
ST. CROIX COUNTY PLANNING AND ZONING COMMITTEE
RECOMMENDS DENIAL: RECOMMEND APPROVAL:
— N e�
G
Jan Zoerb
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Jan Zo
Brian Hurtgen Brian flurtg
Lois Bum B
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Stan Krueger tan et
Wallace Habhegger Wallace abhegger
Adopted: dalt ?-I 2.66S
Attest
Cindy Campb 1, County Clerk
TROY `E' PLAT T -28 -N • R -19 -W
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§ 17.09 DEFINITIONS_ This section contains brief definitions of key words and phrases used
throughout this chapter. For purposes of this chapter, certain terms shall be interpreted as
follows:
Delete: "For purposes of this chapter, certain terms shall be interpreted as follows:" and replace
with the fallowing:
1. INTERPRETATION
a. For the purpose of administering and enforcing this ordinance, the terms or words
used herein shall be interpreted as follows:
1) Words used in the present tense include the future: in the singular include the
plural and in the plural include the singular.
2) The word "shall" is mandatory, not permissive.
3) All distances, unless otherwise specified shall be measured horizontally.
4) All definitions that refer to Wisconsin Statutes shall incorporate any revisions
or amendments to statutory language. (Amended 7- 01 -05)
Delete: Accessory Structure or Use and replace with the following:
Accessory Structure: A subordinate structure, the use of which is incidental to, customarily
found in connection with, and located on the same lot as the principal structure or use of the
property. Accessory structures include, but are not limited to, detached garages, sheds, barns,
gazebos, swimming pools, hot tubs, fences, retaining walls and detached stairways and lifts; and
impervious, pervious or porous driveways, parking lots, sidewalks, patios and decks (both
detached and attached). (Adopted 7- 01 -05)
Accessory Use: A use subordinate to and serving the principal use on the same lot and
customarily incidental thereto. It must also be subordinate in area, extent or purpose to the
principal building or use served. Accessory uses include, but are not limited to, family daycare,
home occupations, and seasonal roadside stands. (Adopted 7- 01 -05)
Agricultural Use: The use of land for agricultural purposes, including 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. (Adopted 7- 01 -05)
Antenna: Any device or equipment used for the transmission or reception of electromagnetic
waves, which may include an omni— directional antenna (rod), a directional antenna (panel) or a
parabolic antenna (disc). (Adopted 7- 01 -05)
Base Zoning District: The underlying zoning district as outlined in Subchapter II, § 17.11 of
this ordinance. (Adopted 7- 01 -05)
Bed and Breakfast Operation: 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. (Adopted 7- 01 -05)
July 1, 2005 1
a
Best Management Practices (BMPs): Practices and industry standards designed to minimize
environmental damage. (Adopted 7- 01 -05)
Bluffline: A line along the top of the slope preservation zone. There can be more than one
bluffline. (Adopted 7- 01 -05)
Building Line: A line measured across the width of a lot at that point where the principal
structure is placed in accordance with setback provisions. (Adopted 7- 01 -05)
Camouflage Design: A wireless communication service facility that is disguised, hidden or
screened, but remains recognizable as a tower or antenna. (Adopted 7- 01 -05)
Compliant Building Location: An area on a lot where a building could be located in
compliance with all applicable ordinance requirements. (Adopted 7- 01 -05)
Diameter at Breast Height (DBH): The width of a tree as measured at 4.5 feet above the
ground surface. (Adopted 7- 01 -05)
Disabled: Having a physical or mental impairment that substantially limits one or more major
life activities. (Adopted 7- 01 -05)
Dock, Piers and Wharves: Structures extending into the water to facilitate the launching or
mooring of watercraft or for fishing during the open water season. (Adopted 7- 01 -05)
Earth -tone: Colors that harmonize with the natural surroundings on the site during leaf on
conditions. (Adopted 7- 01 -05)
Expansion: An addition to an existing structure regardless of whether the addition is vertical or
horizontal or both. (Adopted 7- 01 -05)
Filtered View of the St. Croix River: A view in which one can see the river through the
vegetation, while any structure remains visually inconspicuous. (Adopted 7- 01 -05)
Footprint: 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. (Adopted 7- 01 -05)
Foundation: The underlying base of a building or other structure, including but not limited to
pillars, footings, and concrete and masonry walls. (Adopted 7- 01 -05)
Ground Cover: Small plants such as mosses, forbs, ferns, grasses, and undershrubs growing on
a forest floor. (Adopted 7- 01 -05)
Land Division: 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 35 acres or less. (Adopted 7- 01 -05)
July 1, 2005 2
Landscape Architect: A person who has graduated with a major in landscape architecture from
a college accredited by the American Society of Landscape Architects. (Adopted 7- 01 -05)
Lift: 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. (Adopted 7- 01 -05)
Lower St. Croix Riverway or Lower St. Croix National Scenic Riverway: The area
described in § NR 118.02 (1). (Adopted 7- 01 -05)
Management Zones: The Lower St. Croix Riverway management zones established in § NR
118.04. (Adopted 7- 01 -05)
Mitigation: Action taken to minimize the adverse impacts of development. 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 storm water management. (Adopted 7- 01 -05)
Native Vegetation: Those species of vegetation that occurred naturally in pre - settlement
Wisconsin. Refer to the Original 1830's Vegetation Map of Wisconsin. (Adopted 7- 01 -05)
Net Project Area: Developable land area minus slope preservation zones, floodplains, road
rights -of -way, and wetlands. (Adopted 7- 01 -05)
Nonconforming Structure: A building or other structure whose location, dimensions or other
physical characteristics do not conform to the standards of this ordinance but which was legally
constructed or placed in its current location prior to the enactment of this ordinance or its
amendment that made it nonconforming. (Adopted 7- 01 -05)
Nonconforming Use: Any use that does not conform to the land use restrictions in this
ordinance, but which was legally established prior to the enactment of this ordinance or its
amendment that made it nonconforming. (Adopted 7- 01 -05)
Ordinary Maintenance and Repair: 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. (Adopted 7-
01 -05)
Overstory: The upper forest canopy layer. (Adopted 7- 01 -05)
Porch: A building walkway with a roof over it, providing access to a building entrance.
(Adopted 7- 01 -05)
Principal Structure: The main building or other structure on a lot that is utilized for the
property's principal use. Principal structure includes attached garages and porches. (Adopted 7-
01 -05)
July 1, 2005 3
Professional Engineer: One who is trained, registered, and professionally engaged in a specific
branch of engineering in the State of Wisconsin. (Adopted 7- 01 -05)
Reasonable Accommodation: 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 them
equal housing opportunity. (Adopted 7- 01 -05)
Reconstruction: The replacement of all or substantially all of the components of a structure
other than the foundation. (Adopted 7- 01 -05)
Selection Cut: 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. (Adopted 7- 01 -05)
Setback: The minimum horizontal distance between a structure and the OHWM, bluffline, side
and rear lot lines, and roads. (Adopted 7- 01 -05)
Shelterwood Cut: 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. (Adopted 7- 01 -05)
Single - family Residence: A detached structure used for human habitation for one family.
(Adopted 7- 01 -05)
Slope Preservation Zone: 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. (Adopted 7- 01 -05)
Small Regeneration Cut: A harvest of not more than one -third of the contiguous forested
ownership within a 10 —year period with each opening not exceeding 6 acres in size and not
closer than 75 feet at their closest points. (Adopted 7- 01 -05)
Delete: Structural Alteration and replace with the following:
Structural Alteration: The replacement or alteration of one or more of the structural
components of any of a structure's exterior walls. (Adopted 7- 01 -05)
Structural Component: 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. (Adopted 7- 01 -05)
Structural Erosion Control Measure: A retaining wall or other man -made structure whose
primary function is to control erosion. (Adopted 7- 01 -05)
Delete: Structure and replace with the following:
July 1, 2005 4
Structure: 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 river bed,
stream bed or lake bed or upon another structure. 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. 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. (Adopted 7- 01 -05)
Successional Climax Forest: Plant community dominated by native trees representing the
culminating stage of natural succession for that specific locality and environment.
Also referred to as old growth forest specific to the Lower St. Croix Riverway, including oak
forest, maple- basswood forest, and white -pine forest. (Adopted 7- 01 -05)
Transmission Services: 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 2 points, other than wireless communication service facilities. (Adopted 7- 01 -05)
Understory: The layer formed by the crowns of smaller trees beneath the forest canopy.
(Adopted 7- 01 -05)
Visually Inconspicuous: 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. (Adopted 7- 01 -05)
Wetland: 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.
(Adopted 7- 01 -05)
Ordinance No. 696 /(2005) Amendments To Section 17.36, St. Croix River Valley District And
Section 17.09, Definitions.
July 1, 2005 5