HomeMy WebLinkAboutOrdinance 2012 (813)
Ordinance No. 813(2012)
ORDINANCE AMENDING CHAPTER 17 - ZONING OF THE ST.
ST. CRO j-UNTY CROIX COUNTY CODE OF ORDINANCES SECTIONS 17.09,17.12
17.14 AND 17.15.
1 WHEREAS, upon publication of recreated St. Croix County Code of Ordinances Chapter
2 11 - Animal Waste Storage Facilities, amendments to Chapter 17 - Zoning are necessary to
3 provide consistency with ordinance administration and enforcement; and
4
5 WHEREAS, Chapter 17 - Zoning, sections 17.09, 17.12, 17.14 and 17.15 have been
6 amended to be consistent with recreated Chapter 11 - Animal Waste Storage Facilities for
7 livestock structures, animal waste storage facilities, definitions, uses and standards; and
8
9 WHEREAS, minor grammatical changes have also been made (e.g. 60' to 60 feet).
10
11 THEREFORE, the St. Croix County Board of Supervisors does ordain as follows:
12
13 St. Croix County Code of Ordinances Chapter 17 - Zoning, Sections 17.09, 17.12, 17.14
14 and 17.15 are hereby amended as attached. These amendments shall become effective
15 upon publication of St. Croix County Code of Ordinances Chapter 11 - Animal Waste
16 Storage Facilities.
Sponsored By: Community Development Committee on July 19, 2012
Legal- Fiscal- Administrative Approvals:
Legal Note: None
Fiscal Impact: None
Don Gillen, Corporation C #W"71 /2012 Ta e i nee Direc r 7/12/2012
St Croix County Board of Supervisors Action:
Page 1
Roll Call - Vote Requirement - Majority of Supervisors Present
RESULT: ADOPTED [UNANIMOUS]
MOVER: Agnes Ring, Supervisor
SECONDER: Travis Schachtner, Supervisor
AYES: Travis Schachtner, Agnes Ring, Tim Hood, Daryl Standafer, Fred Yoerg, Buck Malick, Chris Kilber, Richard
Ottino, Dave Ostness, Roger Larson, Fred Horne. Ron Kiesler, Andy Brinkman, David Peterson, Joe Hurtgen, Brian
Hurtgen, Duane Russett, William Peavey
ABSENT: Tom Hawksford
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on August 7, 2012
Cindy Campbell, County Clerk
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Page 2
8-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
The following definitions will be modified or added to the existing definitions in §17.09 by
inserting them in alphabetical order and sequentially numbering all definitions:
1. Animal Waste Storage Facility: One or more animal waste storage structures used for
te.anporary storage of animal waste or other organic waste, including stationary equipment
and piping used to load and unload an animal waste storage structure if the equipment is
specifically designed for that pMose and is an integral part of the facility. It does not
include equipment used to apply animal waste to land or animal waste that is confined
within an animal housing structure.
2. Animal Waste Storage Structure: A waste storage impoundment made by constructing
embankments, excavating a pit or dugout, or fabricating a structure. Defe&-lt does not
include equipment used to apply waste to land. For purposes of §§ATCP 51.12 (2)
setbacks and 51.14 (odor), does not include any of the following:
(a) A structure used to collect and store animal waste under a livestock structure housing
facility.
(b) A waste digester consisting of a sealed structure in which animal waste is subjected to
managed biological decomposition.
3. Applicant: Any person who applies for a permit under this ofdiffaff&echapter.
4. Bedrock: The solid rock that underlies the soil and other unconsolidated material or that is
exposed at the surface.
5. Conservation Practice: A facility or practice that is designated to prevent or reduce soil
erosion. prevent or reduce non-point pollution, or achieve or maintain compliance with soil
and water conservation standards; it includes a nutrient management plan.
6. Construction Permit: T a;A written, * document issued by the
Code Administrator:
authorizing design, location., enlargement, construction and/or
reconstruction; e o of an animal waste storage facility or part thereof.
7. Groundwater: Any of the waters ofthe state, as defined in Wisconsin Statutes
281.01(18), occurring in a saturated subsurface geological formation of rock or soil.
3 8. Karst Feature: Ali area or surficial geologic feature subject to bedrock dissolution so that
it is likely to provide a conduit to groundwater, and. may include caves, enlarged fractures,
mine :features, exposed bedrock surfaces, sinkholes. springs, seeps or swallets.
9. Operation Permit: ATE signed, documentwriftem issued by the gCode
Administrator; Land r „ , n , r+ , its aRew fer
authorizing operation, closure or use conversion of an animal waste storage facility or part
thereof.
10. Pollution: Contaminating or rendering unclean or impure the land and/or waters of the
state or making the same injurious to public health harmful for commercial or recreation
t
8-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
use or deleterious to fish, bird. animal. or plant life.
11. Plan Revision: A modification to an approved application where a valid. permit is in
effect.
12. Professional Engineer: One who is trained, registered and professionally engaged in a
specific branch of engineering pursuant to Wisconsin Statutes §443.04.
13. Waters of the State: Those portions of Lake Michigan and Lake Superior within the
boundaries of Wisconsin, all. lakes. bays, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, water courses, drainage systems and other surface water or
groundwater, natural or artificial, public or private within the state or under its jurisdiction,
except those waters which are entirely confined and retained. completely upon the property
of a person.
4;14. Well: ffiea-ns An excavation opening in the ground made by digging, boring, drilling,
driving or other methods, to obtain groundwater regardless of its intended use.
2
8-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
Amend the following sections, found on pages 17.1-2 thru 17.1-5, as shown with underlined
additions and strikeout deletions below:
17.12 GENERAL PROVISIONS.
(1) No part of a yard or other open space provided about any building for the purpose of
complying with the provisions of this chapter shall be included as a part of a yard or
other open space required for another building.
(2) Every dwelling hereafter erected in the County shall provide not less than 720 sq. ft.
of floor area for a one story building for each family dwelling therein, nor less than
1,000 sq. ft. of floor area for a two-story building for each family dwelling therein.
(3) When a lot has an area less than the minimum number of square feet per family, as
required for the district in which it is located, and was of record as such at the time
of the passage of this chapter, such lot may be occupied by one family subject to the
setback, rear yard and side yard requirements for the district.
(4) Every part of a required yard shall be open to the sky unobstructed, except for
accessory buildings in a rear yard and the ordinary projection of sills, belt courses,
cornices and ornamental features projecting not more than 202.. inches.
(5) Accessory buildings which are not a part of the main building shall not occupy more
than 30% of the area of the required rear yard and shall not be more than 2OL20 feet
in height.
(6) The regulations contained throughout this chapter relating to the heiglA of buildings
or structures height and the size of yard and other open spaces shall be subject to the
following exceptions:
(a) Churches, schools and other public and quasi-public buildings may be
erected to a height not exceeding 6OL60 feet or ~-five stories, provided the
front, side and rear yard-, setbacks required in the district in which such a
building or structure is to be located are each increased at least one foot for
each additional foot of height above the height limit otherwise established
for the district.
(b) Chimneys, cooling towers, church steeples or spires, cupolas, tanks, water
towers, television antennas, microwave radio relay or broadcasting towers,
masts or aerials, farm silos, barns and other farm structures and necessary
mechanical appurtenances are hereby excepted from the height regulations
of this chapter and may be erected in accordance with other regulations or
ordinances of the County, or of other jurisdictions such as the Federal
Aviation Administration FAA .
(c) Facilities subject to pa s. (a) and (b) above require a bland use permit
to be issued by the Zoning Administrator. Before issuing the permit, the
Zoning Administrator shall investigate and determine whether any such
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8-7-12 Chapter 17 Zoning Ordinance Amendments
-
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
facility which is to exceed 3-~35 fect in height above ground level will
create or may create fire protection problems.
(d) Upon a written determination that such problems may result, the request for
a permit shall be referred by the Zoning Administrator to the Board of
Adjustment, which shall invite fire or other public safety officials to appear
and offer recommendations. The Board of Adjustment may attach such
conditions as it deems reasonable and necessary based upon advice of fire
and public safety officials to the granting of the permit.
(7) Any construction or land disturbance activities affecting more than 10,000 square
feet on slopes 12 to 19.9% with the slope measured over a horizontal distance of
x°50 feet, shall require a land use permit and shall be subject to the following
standards:
(a) An erosion and sediment control plan shall be submitted and incorporate
Best Management Practices (BMP-s) that meet or exceed the Wisconsin
Department of Natural.Resources (WDNR) Stormwater Management
Technical Standards.
(b) The erosion and sediment control plan shall include all of the following
items:
1. Description of construction sequencing.
2. Contact information for property owner, grading contractor, and
erosion control subcontractor as applicable.
3. Site map showing all of the following:
a. Property boundaries.
b. Existing and proposed buildings.
C. Locations of buildings on adjoining properties.
d. Soil types.
e. Grading limits.
f. Pre and post construction drainage patterns.
g. The locations and quantities of all BMPs.
h. Water bodies with Ordinary High Water Marls (OHWM)
and OHWM setback.
i. Wetland boundaries.
j. Existing and proposed wells and Private Onste Wastewater
"Treatment Systems (POWTS.)
k. Existing and proposed vegetation.
(8) Any construction or land disturbance activities affecting slopes 20 to 24.9% with the
slope measured over a horizontal distance of -5W50 feet, shall require a land use
permit and shall be subject to the following standards:
(a) An erosion and sediment control plan shall be submitted and shall
incorporate BMP's that meet or exceed the WDNR Stormwater
Management Technical Standards.
4
8-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
(b) A stormwater management plan shall be submitted and shall meet the
performance standards described in Wisconsin Administrative Code NR
151 Subchapter III, Non-Ag Performance Standards.
(c) The erosion and sediment control plan and the stormwater management
plan must be prepared by a registered landscape architect, professional soil
scientist, professional engineer, engineer in training, certified professional
in erosion and sediment control, certified professional in storm water
quality, certified soil tester, or other licensed professional acceptable to the
Zoning Administrator.
(d) The erosion and sediment control plan shall include all of the following
items:
1. Description of construction sequencing.
2. Contact information for property owner, grading contractor, and
erosion control subcontractor as applicable.
3. Site map showing all of the following:
a. Property boundaries.
b. Existing and proposed buildings.
C. The location of buildings on adjoining properties.
d. Soil types.
e. Grading limits.
f. Pre and post construction 2-foot contours.
g. Pre and post construction drainage patterns.
h. The locations and quantities of all BMPs.
i. Water bodies with OHWM and OHWM setback.
j. Wetland boundaries.
k. Existing and proposed wells and POWTS.
1. Existing and proposed vegetation.
(e) Construction may not proceed until the Zoning Administrator has
approved the plans.
(f) The property owner shall execute and record an affidavit describing the
approved storm water management plan and maintenance requirements
with the County Register of Deeds within 30 days after construction is
completed.
1. The affidavit shall alert subsequent purchasers of the land of the
maintenance requirements of the plans.
2. The property owner shall submit a copy of the affidavit along with
a record drawing and photos of the storm water retention/detention
devices; and drainage ways to the Zoning Administrator.
(9) Any construction or land disturbance activities for public improvements affecting
slopes 25 to 29.9% with the slope measured over a horizontal distance of -54150 feet,
shall require a land use permit and shall be subject to the standards in (8) above.
5
8-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
(10) Any construction or land disturbance activities other than for public improvements
affecting slopes 25% or greater with the slope measured over a horizontal distance
of -SW50 feet, shall be prohibited.
(11) Any construction or land disturbance activities for public improvement affecting
slopes 30% or greater with the slope measured over a horizontal distance of x'50
feet, shall be prohibited.
(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 Nutrient Management, is allowed without a
permit on lots or parcels of -3-three 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, including
animal waste storage structures, and other structures housing e of mere 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 right-of-way if the facility has less than 1000 animal units.
(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) All animal waste storage structures for less than 500 animal. units must be
set back at least 100 feet from any property line or the nearest point of any
public road right-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.
6
8-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
(d) All aAnimal waste storage structures for 500 or more animal units must be
set back at least 350 feet from any property line or the nearest point of any
public road right-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, includins~
animal waste storage structures, and other structures housing fltei~e animal
units in the Agricultural Residential District.
(a) All structures must be set back at least 100 feet from any property line or 100
feet from any public road right-of-way for lots or parcels with less than 500
animal units.
(ab) All structures must be set back at least 200 feet from any property line or 150
feet from any public road right-of-way for lots or parcels with 500 or more
animal units.
_ bc) Animal waste storage structures must be set back at least 1003-5-0 feet from
any property line or nearest point of any public road right-of-way.
(1.5) Equipment and piping used to transport animal waste from a livestock facility to
an animal waste storage structure shall be exempt from the setback provisions in
(13) and (14) above.
7
B-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
This chart is not part of the ordinance regulation, it is provided for informational purposes
only.
F Summary of Existing/Proposed Setback Standards
Zoning Livestock & Animal Housing Structures Animal Waste Storage Structures**
District < 500 AU* =1>500 AU* < 500AU* 500 AU*
gricultural 100 ft Property Line 200 ft Property Line 100 330 ft Property 350 ft Property Line
100 ft Road ROW 150 ft Road ROW Line 100 ft Road 350 ft Road ROW
ROW
g Two 100 ft Property Line 200 ft Property Line 100 350 ft Property 350 ft Property Line
100 ft Road ROW 150 ft Road ROW Line 100 ft Road 350 ft Road ROW
ROW
tsidential 100 ft Property Line 200 ft Property Line 1004-5 ft Property 350 ft Property Line
100 ft Road ROW 150 ft Road ROW Line 100-3-5,0 ft Road 350 ft Road ROW
3 acres ROW
Conservancy/ Residential/ Not permitted Not permitted Not permitted
Commercial/Industrial
*AU=Animal Units
**There are exceptions for existing and expanding structures.
This chart will not be added to the ordinance, it is provided for informational purposes
only.
Existing Setback Standards
Zoning Livestock & Animal Housing Structures Animal Waste Storage Structures**
District < 1,000 AU* =/>1,000 AU* Any AU*
Agricultural 100 ft Property Line 200 ft Property Line 350 ft Property Line
100 ft Road ROW 150 ft Road ROW 350 ft Road ROW
Ag Two 100 ft Property Line 200 ft Property Line 350 ft Property Line
100 ft Road ROW 150 ft Road ROW 350 ft Road ROW
Ag 200 ft Property Line 200 ft Property Line 350 ft Property Line
Residential 150 ft Road ROW 150 ft Road ROW 350 ft Road ROW
3 acres
Conservancy/ Residential/ Not permitted Not permitted
Commercial/Industrial
*AU=Animal Units
* *There are exceptions for existing and expanding structures.
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8-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
17.13 RESIDENCE DISTRICT (This section has no amendments or deletions.)
17.14 AGRICULTURAL DISTRICT. (Amendments or deletions are shown as underline and
strikeout.)
(1) PERMITTED USES.
(h) Livestock facilities that do not exceed one animal unit per acre ofjand suitable for
animal waste utilization or Aftjg-4-qqless than 500 animal units, are allowed
without a land use permit, if all the following minimum standards are met:
1. Wisconsin Administrative Code Chapter NR 243, Animal. Feeding Operations.
2. Wisconsin Administrative Code Chapter NR 15 J., Runoff Management.
3. St. Croix County Code of Ordinances Chapter 11, Animal Waste Storage
Facilities.
4. Natural Resources Conservation Service (MRCS) Conservation Practice
Standard Code 590, Nutrient Management.
(i) 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, subje;teif all the following minimum standards
are met:
(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-Storage
Facilities" "an e
(5)_ Natural Resources Conservation Service (MRCS) Conservation Practice
Standard Code 590, Nutrient Management.
(2) MINIMUM LOT AREA. (Section continues with no amendments or deletions.)
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.
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8-7-12 Chapter 17 Zoning Ordinance Amendments
AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT CHAPTER 17 ZONING:
Livestock Structures and Animal Waste Storage Structures, Sections 17.09, 17.12, 17.14 and 17.15
(b) Livestock facilities that do not exceed one animal. unit per acre of land suitable for
animal waste utilization or less than 500th animal units, are allowed
without a land use permit. if all the following minimum standards are met:
1. Wisconsin Administrative Code Chapter NR 243, Animal Feeding Operations.
2. Wisconsin Administrative Code Chapter NR 151, Runoff Management.
3. St. Croix County Code of Ordinances Chapter 1.1., Animal Waste Storage
Facilities.
4. Natural Resources Conservation Service (NRCS) Conservation Practice
Standard Code 590, Nutrient Management.
(bc) 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.
(ed) One single-family dwelling.
(de) 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.
(6) SPECIAL EXCEPTIONS.
(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, may be allowed
with a special exception permit, subjee all the following minimum standards are
met:
f1), Wisconsin Administrative Code Chapter ATCP 51, Livestock Facility Siting.
k2), 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
n'~anage
~Storage Facilities.
(5)_ Natural Resources Conservation Service (MRCS) Conservation Practice
Standard Code 590, Nutrient Management.
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