HomeMy WebLinkAboutOrdinance 2023 (920)
Ordinance No. 920 (2023)
ORDINANCE AMENDING CHAPTER 13.10.B - ROAD SETBACK
REDUCTION WITHIN THE LAND DIVISION CHAPTER OF THE ST.
CROIX COUNTY CODE OF ORDINANCES.
COVER MEMO
TO: County Board of Supervisors
FROM: Ken Witt, County Administrator
Jason Kjeseth, Community Development Director
DATE: November 7, 2023
AGENDA ITEM: Ordinance Amending Chapter 13.10.B - Road Setback Reduction within
the Land Division Chapter of the St. Croix County Code of Ordinances.
______________________________________________________________________________
BACKGROUND INFORMATION
St. Croix County is proposing an amendment to St. Croix County Chapter 13 - Land Division.
Land divisions that were processed under the Land Division ordinance prior to 2006 were
required to have a 100-foot structure setback line from the road right-of-way drawn on the
approved map of record - either a final plat or a CSM (Certified Survey Map). After 2006, the
Land Division ordinance no longer required the setback line to be placed on a plat or CSM. The
zoning ordinance was amended to require a 50-foot setback from a road right-of-way. This
created a conflict between the amended structure setback of 50 feet allowed by the revised
ordinance and the previously recorded plats and CSMs that had the 100-foot structure setback
line drawn on them. A property owner can submit a road setback reduction request with the
Community Development Department to reduce the 100-setback requirement. Currently, a public
hearing is required to be held by the Community Development Committee (CDC). The revised
ordinance would address any setback reduction requests to be completed through an
administrative approval/denial process through the Zoning Administrator within the Community
Development Department.
A Class II notice was published in the Star Observer on October 5, 2023 and October 12, 2023,
establishing a public hearing on October 19, 2023 at 5:00 PM with the St. Croix County
Community Development Committee (CDC) in the St. Croix County Government Center Board
Room, 1101 Carmichael Road, Hudson, Wisconsin.
Prior to the public hearing, staff has conducted the following outreach with respect to the
proposed ordinance amendment:
1. On August 21, 2023, CDD (Community Development Department) staff sent an email to
all of the towns in St. Croix County with background information and the proposed draft
changes relating to road setback reduction processes in Chapter 13 - Land Division. The
email also directed towns to contact CDD staff with comments and/or questions.
2. On September 25, 2023, CDD staff sent an email to towns with the public hearing notice
and draft ordinance information relating to Chapter 13 - Land Division.
3. On September 25, 2023, CDD staff mailed notice of the public hearing to towns in St.
Croix County.
As of October 12, 2023, CDD staff had not received any comments on the proposed amendment
language.
Ordinance No. 920 (2023)
ORDINANCE AMENDING CHAPTER 13.10.B - ROAD SETBACK
REDUCTION WITHIN THE LAND DIVISION CHAPTER OF THE ST.
CROIX COUNTY CODE OF ORDINANCES.
1 To amend Chapter 13 of the St. Croix County Code of Ordinances - Land Division, the St. Croix
2 County Board of Supervisors does ordain as follows:
3
4 SECTION 1. Add B. to Section 13.10 as follows:
5
6 B. ROAD SETBACK REDUCTION
7
8 1. PURPOSE.
9 a. A road setback reduction may be approved on an approved final plat or certified
10 survey map if the setback reduction would not violate the general intent and
11 purpose of this Chapter or Chapter 15, St. Croix County Zoning Ordinance, or be
12 detrimental to the health, safety, general welfare or aesthetics of the
13 neighborhood.
14
15 2. APPLICATION FOR ROAD SETBACK REDUCTION.
16 a. An application for a road setback reduction shall be made by a subdivider,
17 property owner, or agent on a form provided by the Zoning Administrator.
18 b. The application shall fully state all facts relied upon to support the road setback
19 reduction and shall include drawings, plans, or other information that will aid the
20 Zoning Administrator in reviewing the application.
21
22 3. CRITERIA.
23 a. The Zoning Administrator shall comply with the following criteria when
24 determining whether to approve or deny a road setback reduction request:
25 1) The road setback reduction shall not violate the general intent and purpose of
26 this Chapter or be detrimental to the health, safety, general welfare, or
27 aesthetics of the neighborhood.
28 2) A road setback reduction may be allowed when the setback will allow the lot
29 or structure to be in greater compliance with the objectives and standards of
30 this Chapter and/or any of the underlying zoning chapters.
31
32 4. APPROVAL PROCESS.
33 a. Notice shall be mailed to the abutting landowners and the town in which the road
34 setback reduction is requested.
35 b. The Zoning Administrator shall be responsible for providing all notices.
36 c. Abutting landowners and the town in which the road setback reduction is
37 requested shall have 30 days from the date of the notice to provide comments for
38 approval or denial of the request to the Zoning Administrator.
39
40 5. DECISION.
41 a. The Zoning Administrator shall approve or deny an application for a road setback
42 reduction within 60 days of the filing of the application with the Community
43 Development Department.
44 b. The Zoning Administrator’s decision shall be in writing and explain the reasons
45 for the decision.
46 c. If the road setback reduction is approved, the subdivider or property owner is
47 required to prepare a corrective instrument and record it with the St. Croix County
48 Register of Deeds within 30 days of receipt of the written decision of the Zoning
49 Administrator.
50 d. A decision of the Zoning Administrator regarding a road setback reduction is an
51 administrative decision that may be appealed to the St. Croix County Board of
52 Adjustment following the procedures set forth in §13.10.C. below.
53
54 SECTION 2. This ordinance shall be effective upon passage and publication. (This section shall
55 not be codified).
Legal – Fiscal – Administrative Approvals:
Legal Note:
Fiscal Impact: No Financial Impact.
10/19/23 Enacted
10/19/23 Community Development Committee RECOMMENDED
RESULT: RECOMMENDED \[UNANIMOUS\]
MOVER: Ryan Sherley, Supervisor
SECONDER: Scott Counter, Vice Chair
AYES: Anderson, Counter, Hansen, Sherley, VanSomeren
EXCUSED: Dick Hesselink
Vote Confirmation.
St. Croix County Board of Supervisors Action:
Roll Call - Vote Requirement – Majority of Supervisors Present
RESULT: ENACTED \[UNANIMOUS\]
MOVER: Ryan Sherley, Supervisor
SECONDER: Jerry VanSomeren, Supervisor
AYES: Lind, Anderson, Long, Leaf, Koch, Adams, Berning, Ottino, Feidler, Ostness,
Counter, Sherley, Tellijohn, Carlson, Barcalow, Swanepoel, VanSomeren, Ramberg
EXCUSED: Daniel Hansen
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on November 7, 2023
Christine Hines, County Clerk