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HomeMy WebLinkAboutOrdinance 1996 (391) ORDINANCE AMENDING COUNTY ZONING ORDINANCE SECTIONS 17.18, 17.19, AND 18.16 Ordinance No. 3 1 c ( G ) St. Croix County, Wisconsin The St. Croix County Board of Supervisors does ordain as follows: Section 17.18(1), County Zoning Ordinance, is hereby repealed and recreated as shown on the attachment; Section 17.19(1) and (6) is hereby repealed and Section 17.19(1) is recreated as shown on the attachment; Section 18.16(K)(3) is hereby amended by adding the language shown in bold print or bold and underlined on the attachment. • Dated this go day of 6,,i , 1996. Offered by: Planning and Development Committee NEGATIVE AFFIRMATIVE 0 4 - 7 , 64 eerz iceA / k ` . L L . STATE OF WISCONSIN COUNTY OF ST. CROIX I, Sue E. Nelson, 8t C alt Coanq Clerk DO HEREBY CERTFY the Iltateguls a trw and oonrat Dopy Adopted by the Hof "2� at their meetn hold n _ I (y r. Suo E. St. W VK County c edi • • 17.18 COMMERCIAL DISTRICT. The Commercial District is created to establish and protect locations in which a wide variety of compatible commercial uses may be located. Within this district most residential development, manufacturing and industrial, and nonretail commercial enterprises are not allowed in the interest of furthering the livelihood of the permitted retail commercial uses and protecting uses from the effects of incompatibility. (1) SPECIAL EXCEPTIONS. (a) Any use in the Commercial District shall only be allowed as a special exception if approved by the Board of Adjustment as provided in §17.70(7), and with approval of the town board of the affected town. For the purpose of this section, the affected town shall be the town where the use where the use will be located and any other town which is located within 1/4 mile of the site. (b) In reviewing a special exception application, the Board of Adjustment shall consider: the effect of the proposed use upon the health, safety, morals, convenience and general welfare of the occupants of the surrounding lands; existing and anticipated traffic conditions, including parking needs; the effect'on utility capacities; the effect on property values and scenic views in the surrounding area; drainage; erosion control; environmental effects; and how the proposed use relates to any adopted County or town comprehensive plan. The Board of Adjustment will give special attention to such factors as smoke, dust, noxious or toxic gases and odors, noise, glare, vibration, heavy vehicular traffic and increased traffic on the public streets. If it determines that the proposed use is not detrimental to the above factors and can comply with the above factors, and that the use is in harmony with the general purpose and intent of this ordinance and any comprehensive plan, the Board of Adjustment may grant such special exception permit. (c) If the Board of Adjustment grants the special exception permit, it may impose conditions which are considered necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate. (d) Any construction or land disturbance activities on slopes of 20% or more with the horizontal interval of measurement being 25 feet when calculating slope, except conservation practices identified in a currently approved soil and water conservation plan, shall require a special exception permit granted by the Board of Adjustment. (e) Application requirements. In the case of any commercial application, a site plan and facility plan shall be submitted for each new request. Significant changes to any existing commercial use will require Board of Adjustment review as a special exception and will require site plans and facility plans as part of the application. (f) Supplemental design and improvement standards for commercial special exceptions: 1. Minimum road rights -of -way shall be 80 feet unless 1. the right -of -way pre- exists adoption of this ordinance. In this case, the Board of Adjustment, in its discretion, may authorize a reduced minimum right -of -way based on the criteria listed in 10 below. 2. Minimum pavement width shall be 24 feet; 3. Minimum turn radiuses shall be sufficient to handle the size of vehicles likely to use the site; 4. All utilities, including electric, cable television, telephone, gas, water and storm and sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground; 5. Special exception use reviews shall include specification of planting and landscape areas. In design, every effort should be made to protect and retain existing trees, shrubbery and grasses not actually located in rights -of way, drainageways, vision triangles, and the like. Trees should be protected and preserved during construction. Planting shall be required in road setback areas and in side and rear yard offset areas, particularly where the development is immediately adjacent to a residential area. A minimum of at least 15% of the area within the property lines of each lot shall be devoted to landscape purposes; 6. Any commercial lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles; 7. The Board of Adjustment may require deed restrictions for architectural control and appear- ance consistent with guidelines established by the local community; 8. All roads, walks, driveways, parking lots and loading areas shall be paved. Roads shall be paved meeting a pavement design approved by the county highway department. 9. The Board of Adjustment may require cross easements where commercial lots are side -by -side to allow linking of parking areas; 10. Road standards for commercial developments may be increased by the Board of Adjustment. An increase of these standards will be based on relevant information such as Town plan, driveway widths, speed limit, number and types of vehicles using the road, parking availability, sound engineering judgment, and any other pertinent information. The county highway department shall review road plans and submit comments. 17.19 INDUSTRIAL DISTRICT. The Industrial District is created to provide a means for the location of industrial uses. Residential and institutional uses which would not be compatible with the permitted industrial uses and which would impede the development of industrially zoned lands for industrial purposes are prohibited. (1) SPECIAL EXCEPTIONS. (a) Any use in the Industrial District shall only be allowed as a special exception if approved by the Board of Adjustment as provided in §17.70(7), and with approval of the town board of the affected town. For the purpose of this section, the affected town shall be the town where the use will be located and any other town which is located within 1/4 mile of the site. (b) In reviewing a special exception application, the Board of Adjustment shall consider: the effect of the proposed use upon the health, safety, morals, convenience and general welfare of the occupants of the surrounding lands; existing and anticipated traffic conditions, including parking needs; the effect on utility capacities; the effect on property values and scenic views in the surrounding area; drainage; erosion control; environmental effects; and how the proposed use relates to any adopted County or town comprehensive plan. The Board of Adjustment will give special attention to such factors as smoke, dust, noxious or toxic gases and odors, noise, glare, vibration, heavy vehicular traffic and increased traffic on the public streets. If it determines that the proposed use is not detrimental to the above factors and can comply with the above factors, and that the use is in harmony with the general purpose and intent of this ordinance and any comprehensive plan, the Board of Adjustment may grant such special exception permit. (c) If the Board of Adjustment grants the special exception permit, it may impose conditions which are considered necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate. (d) Any construction or land disturbance activities on slopes of 20% or more with the horizontal interval of measurement being 25 feet when calculating slope, except conservation practices identified in a currently approved soil and water conservation plan, shall require a special exception permit granted by the Board of Adjustment. (e) Application requirements. In the case of any industrial application, a site plan and facility plan shall be submitted for each new request. Significant changes to any existing industrial use will require Board of Adjustment review as a special exception and will require site plans and facility plans as part of the application. (f) Supplemental design and improvement standards for industrial special exceptions: 1. Minimum road rights -of -way shall be 80 feet unless the right -of -way pre- exists adoption of this ordinance. In this case, the Board of Adjustment, in its discretion, may authorize a reduced minimum a , right -of -way based on the criteria listed in 10 below. 2. Minimum pavement width shall be 24 feet; 3. Minimum turn radiuses shall be sufficient to handle the size of vehicles likely to use the site; 4. All utilities, including electric, cable television, telephone, gas, water and storm and sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground; 5. Special exception use reviews shall include specification of planting and landscape areas. In design, every effort should be made to protect and retain existing trees, shrubbery and grasses not actually located in rights -of way, drainaceways, vision triangles, and the like. Trees should be protected and preserved during construction. Planting shall be required in road setback areas and in side and rear yard offset areas, particularly where the development is immediately adjacent to a residential area. A minimum of at least 15% of the area within the property lines of each lot shall be devoted to landscape purposes; 6. Any industrial lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles; 7. The Board of Adjustment may require deed restrictions for architectural control and appear- ance consistent with guidelines established by the local community; 8. All roads, walks, driveways, parking lots and loading areas shall be paved. Roads shall be paved meeting a pavement design approved by the county highway department. 9. The Board of Adjustment may require cross easements where industrial lots are side -by -side to allow linking of parking areas; 10. Road standards for industrial developments may be increased by the Board of Adjustment.` An increase of these standards will be based on relevant information such as Town plan, driveway widths, speed limit, number and types of vehicles using the road, parking availability, sound engineering judgment, and any other pertinent information. The county highway department shall review road plans and submit comments. 18. 16 (K) (3) 1. Supplemental design and improvement standards for commercial and industrial subdivisions: a. Minimum road rights -of -way shall be 80 feet unless the right -of -way pre - exists adoption of this ordinance. In this case, the committee, in its discretion, may authorize a reduced minimum right -of -way based on the criteria listed in (m) below. b. Minimum pavement width shall be 24 feet; c. Minimum turn radiuses shall be sufficient to handle the size of vehicles likely to use the site; d. The widths, lengths and shapes of lots shall be suited to the planned use of the -land, zoning requirements, and the need for convenient access to roads, control of traffic, the potential phasing or staged growth of the proposed subdivision and the limitations and opportunities presented by the topography. Lot layouts shall facilitate assembly of smaller lots into larger parcels. Generally, the overall topography of lots shall not exceed slopes of 6 %; e. All utilities, including electric, cable television, telephone, gas, water and storm and sanitary sewers, except electric power lines exceeding 1200 volts, shall be underground; f. Where the subdivision and /or development of the area will likely involve multiple parcels and /or buildings, the design shall include frontage roads, shared driveways or other means of reducing direct access to arterial roads. The subdivision review process shall include specification of the internal road network and internal driveway arrangements to assure that spacing of access points, queuing distances, turn radii, and the like are appropriate to the volumes of traffic and types of vehicles and vehicular movement likely to be associated with the development; g. In the case of a commercial or industrial subdivision involving four or fewer lots, a site plan shall be submitted for each lot. In the case of a subdivision having five or more lots, staff shall specify the dimensions of "typical" lots, and. site plans shall be ..s submitted for one or more such typical lots. The purpose of the site plan is to evaluate adequacy of sites for driveways, parking, loading areas and loading docks, perimeter landscape treatment, placement and screening of service areas, and any areas where outdoor display or storage of materials is proposed; h. Subdivision review shall include specification of planting and landscape areas. In design of the subdivision, every effort should be to protect and retain existing trees, shrubbery and grasses not actually located in rights -of way, drainageways, vision triangles, and the like. Trees should be protected and preserved during construction. Planting shall be required in road setback areas and in side and rear yard offset areas, particularly where the development is immediately adjacent to a residential area. A minimum of at least 15% of the area within the property lines of each lot shall be devoted to landscape purposes; i. Any commercial or industrial lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles; j. The Committee may require deed restrictions for architectural control and appearance consistent with guidelines established by the local community; k. All roads, walks, driveways, parking lots and loading areas shall be paved. Roads shall be paved meeting a pavement design approved by the county highway department; 1. The Committee may require cross easements where commercial lots are side -by -side to allow linking of parking areas; K Road standards for commercial or industrial developments may be increased by the Planning and Development Committee. An increase of these standards will be based on relevant information such as Town plan, driveway widths, speed limit, number and types of vehicles using the road, parking availability, sound engineering judgment, and any other pertinent information. The county •highway department shall review road plans and submit comments.