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HomeMy WebLinkAboutOrdinance 1987 (164) i ORDINANCE NO. / er0 AN ORDINANCE TO CODIFY PART OF THE GENERAL ORDINANCES OF THE COUNTY OF ST. CROIX, WISCONSIN WHEREAS, it is deemed expedient and necessary that part of the general ordinances of the County of St. Croix, Wisconsin, be revised, codified and arranged in appropriate chapters, sections and subsections; that omissions be supplied, defects be amended and new ordinances be enacted; and that the same be published in book form to make the whole thereof plain, concise, intelligible and convenient; and WHEREAS, the County Board of Supervisors authorized the pre- paration of Chapter 15, "Sanitary Code, Chapter 17, "Zoning Code" and Chapter 18, "Subdivision and Platting ", of a code of general ordinances for the County; and WHEREAS, a copy of such chapters has been on file and open for public inspection in the office of the County Clerk for not less than 2 weeks, as required by §66.035, Wis. Stats., and no- tice thereof was given by publication on week of January 26th, 1987, in the rrnint.y Newspapers THEREFORE, THE COUNTY BOARD OF THE COUNTY OF ST. CROIX, WIS- CONSIN, ORDAINS AS FOLLOWS: Section 1. That Chapters 15, 17 and 18 of a Code of General Ordinances for the County of St. Croix, Wisconsin, a copy of which is on file in the office of the County Clerk for public inspection, shall be and is hereby adopted as part of the general ordinances in and for the County of St. Croix, Wisconsin. Section 2. This ordinance shall take effect the day after passage and publication as provided by law. Dated this lq day of 42/i Ljc3s "J 1982. THE COUNTY BOARD BY County Board Chairman ATTEST: County Clerk e I ' • CERTIFICATE OF FILING State of Wisconsin ) ss. County of St. Croix ) r I. U' /7n4 0e / , Clerk of the County of St. Croix, Wisconsin, hereby certify that on January 13th , 1987, I placed permanently on file and open to public inspection in my office the attached copy of Chapters 15, 17 and 18 of the General Code of St. Croix County, Wisconsin, containing part of the gen- eral ordinances of St. Croix County, Wisconsin, and that these chapters were duly adopted by the Board of Supervisors of St. Croix County, Wisconsin, on January 13th 1987 , at least two weeks after they were placed on file in my office. County Clerk St. Croix County, Wisconsin NOTICE OF PROPOSED ADOPTION OF PART OF A GENERAL CODE OF ORDINANCES FOR ST. CROIX COUNTY, WISCONSIN PLEASE TAKE NOTICE that the County Board of St. Croix County, Wisconsin, at its regular meeting on \./CMC4.1i-c/ /3 , 198 at 9 :N) gr:m. in the Courthouse at Hudson, Wisconsin, will consider action on the adoption of three chapters of a General Code of Ordinances for St. Croix County, Wisconsin. YOU ARE FURTHER NOTIFIED that a copy of the proposed chapters of the General Code of Ordinances will be on file and open for public inspection in the office of the County Clerk for two weeks prior to its adoption and permanently thereafter. . ,-� ■ounty •lerk St. Croix County, Wisconsin ZONING CODE 17.14(6)(h) III (c) Over other than congested areas. An alti- tude of 500 feet above the surface except over open water or sparsely populated areas. In that case, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with routes or altitudes specifically prescribed for helicopters by the Administrator. (h) Feedlots (defined the same as "large animal feeding operations" in NR 243, except that the jurisdictional number of animal units shall be 250) shall be approved only if the location is found not to be likely to create unreasonably objectionable impacts on neighboring properties and if stan- dards of Ch. NR 243, Wis. Adm. Code, adopted herein by re- ference, are complied with. 17.15 AGRICULTURAL RESIDENTIAL DISTRICT. This district is created to establish areas within which agricultural . uses, commercial uses serving agriculture, limited commer- cial, institutional residential uses may be located. The Agricultural Residential District is intended to include areas in which exclusive agricultural use on an area -wide basis is not warranted due to such factors as the existence of mixed uses prior to the date the district was established and located, demonstrated or expected ability of farm and selected nonfarm uses to exist in close proximity without undue conflict or a determination that the area is in a state of transition to urban residential character. (1) PERMITTED USES. (a) Any use permitted in the Agri- cultural District. (b) Agricultural supply businesses such as farm machi- nery dealers and seed, fertilizer and chemical dealers, and industries which process agricultural products largely pro - duced on nearby farms. (c) Raising or maintaining farm animals on a parcel 35 acres or larger in size. (d) Raising or maintaining farm animals on a parcel that is 1.5 acres or larger but below 35 acres in area, III ST. CROIX COUNTY 10/01/86 ZONING CODE 17.15(1)(e) 411 provided that the number of combined animal units does not exceed one per acre with fractions rounded down to the next whole number. (e) Single family residences. (2) MINIMUM LOT AREA. The provisions of §17.13(2)(b) shall apply to residential parcels. (3) HEIGHT. The provisions of §17.13(3) shall apply to buildings used for human habitation. (4) SIDE YARD. The provisions of §17.13(4) shall apply to residential parcels. (5) REAR YARD. The provisions of §17.13(5) shall apply to residential parcels. (6) SPECIAL EXCEPTIONS. The following uses may be al- lowed within the Agricultural Residential District as a special exception upon approval of the Board of Adjust:..ent as provided in subchapter VII. (a) Two family dwellings. . Drive -in theaters. The Board of Adjustment will give (b) special c onsideration to problems of traffic conges tion, parking and proximity of residential districts. (c) Medical, correctional or charitable institutions. Buildings devoted wholly or partly to such uses or accessory thereto shall be not less than 50' from any lot line shared with premises used for residential purposes. (d) Contractor's storage yard. Any such yard shall be so placed or screened by planting as not to be visible from any public highway or any residential building other than that of the owner of such yard, his agent or employee. (e) Pea viners, sawmills or charcoal kilns when located not less than 700' from any lot line shared with premises devoted to residential use other than that of the owner of the premises, his agent or employee, and not less than 1,000' from the right -of -way lines of any federal, State or County trunk highway, provided that this regulation shall not apply to portable pea viners and sawmills where there is no stacking of vines or mill residue. (f) Kennels, when located less than 700' from any lot line shared with premises devoted to residential use, other 411 than that of the owner of the kennel, his agent or employee. ST. CROIX COUNTY 10/01/86 ZONING CODE 17.15(6)(o) 111 (0) Feedlots (defined the same as "large animal feeding operations" in Ch. NR 243, Wis. Adm. Code), except that the jurisdictional number of animal units shall be 250, shall be approved only if the location is found not to be likely to create unreasonably objectionable impacts on neighboring properties and if standards of Ch. NR 243, Wis. Adm. Code, adopted herein by reference, are complied with. (p) Airstrips, private or personal, subject to the pro- cedures and standards established under §17.14(6)(g). 17.16 CONSERVANCY DISTRICT. The Conservancy District is established to preserve and perpetuate in an open state certain areas such as lowland swamps, marshes and wetlands, floodplains and stream beds, slopes, bluffs, wooded areas and other areas of aesthetic value which, because of their unique physical features, are deemed desirable to be re- tained for the benefit of this and future generations. The regulations of the Conservancy District are intended not on- ly to preserve and perpetuate open space land and water areas consistent with the intent and purpose of this chap- ter, but also to protect the community and the County from costs and consequences which may be incurred when unsuitable development occurs in such areas. (1) PERMITTED USES. (a) Grazing. (b) Those uses specified in §17.33(2) of this chapter. (2) SPECIAL EXCEPTIONS. Special exceptions are those specified in §17.33(2). In determining special exceptions, the Board of Adjustment shall seek to preserve the natural character of the land for its value to wildlife, water con- servation, flood control, forestry and other purposes appro- priate to the physical characteristics of the land. 17.17 RESTRICTED COMMERCIAL DISTRICT. The Restricted Commercial District is created to establish and protect certain types of commercial uses which lend themselves to a contiguous grouping as a unified and arcaded shopping cen- ter, producing a conservation of space, savings in structur- al costs and improved community appearance. This district also allows as permitted uses or special exceptions certain other uses which are . compatible with the primary uses and which provide convenience to customers. • ST. CROIX COUNTY 10/01/86 ZONING CODE 17.70(3)(b)4. • Depth to groundwater or bedrock if less than 6'. Slope in feet per one hundred or contour lines at 2 foot intervals in the area of the pro - posed absorption field and well. 4. When the application concerns land subject to floodplain zoning, the plans shall also include detailed information on the elevation of the lot and the location of existing or proposed fill or storagae materials. This shall be in addition to that required by pars. (b)2. and 3. above. 5. Applications which are found by the County Zoning Administrator on the basis of slope indications on the ap- plication, sketch or observations made in the course of field inspection, to involve slopes in excess of 12% shall be approved only if the proposed construction is in compli- ance with erosion control conditions set in the course of subdivision review under this chapter or in the case of properties not subject to such conditions, if the project is deemed not to threaten serious erosion or sedimentation problems. The Administrator may attach reasonable erosion prevention conditions to a permit approved for issuance. • 6. Permits or special exceptions issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use arrangement or construction at variance with that authorized shall be deemed a violation of this chapter. (c) Fees. 1. Schedule. Whenever an applicant files an application for any permit or review in this chapter, the applicant shall pay a fee in accordance with a schedule that shall be adopted and amended from time to time as necessary by the Zoning Committee. 2. Because of the unique public interest in having lands rezoned into the amended Agricultural District, the Zoning Administrator shall, upon a finding that several applications are being presented to the County during the same month to place lands into the amended Agricultural 111 ST. CROIX COUNTY 10/01/86 • ZONING CODE 1 ?.70(3)(c)3. District, temporarily waive collection of the normal appli- cation fee. At the start of the Committee's hearing the Administrator shall assess a single fee amount of $200 to the applicants from each town who shall then allocate such fee among themselves and pay the aggregate fee of $300 per town to the Administrator. 3. Temporary occupancy permits. Any other provisions to the contrary notwithstanding, no person shall place, oc- cupy or use a trailer, van, mobile home, recreational ve- hicle, tent, bus, truck, automobile or similar apparatus for residential purposes, temporary or permanent, on any parcel not having a legal and occupied principal structure other than in areas specifically zoned and approved for such oc- cupancy. However, the owner of a parcel who holds a valid zoning and sanitary permit for construction of a principal structure may apply for and obtain approval by special ex- ception for temporary placement and occupancy of a mobile dwelling unit during construction on condition of connecting such unit to and use of a legal sanitary system. The County will consider only applications that are accompanied by ap- proval letters from the town chairperson. All County ap- proved applications will be contingent upon filing by the applicant of a deed restriction by which the property owner agrees to abide by all town and County conditions and to 0 obey time deadlines for removal of the unit unless the dead- lines are extended by the town board. All residential occupancy of the mobile home unit shall cease when the principal home is capable of occupancy. (4) NONCONFORMING USES. (a) General Limitations. When any structure or the use of any structure or premises has become a nonconforming use as defined in §17.09, such use may continue subject to the following limitations: 1. As long as no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classifi- cation. Once a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use. 2. No nonconforming use shall be expanded, enlarged or altered in any way which increases its nonconformity. ST. CROIX COUNTY 10/01/86 ZONING CODE 17.14(6)(h) III (c) Over other than congested areas. An alti- tude of 500 feet above the surface except over open water or sparsely populated areas. In that case, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters. Helicopters may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section if the operation is conducted without hazard to persons or property on the surface. In addition, each person operating a helicopter shall comply with routes or altitudes specifically prescribed for helicopters by the Administrator. (h) Feedlots (defined the same as "large animal feeding operations" in NR 243, except that the jurisdictional number of animal units shall be 250) shall be approved only if the location is found not to be likely to create unreasonably objectionable impacts on neighboring properties and if stan- dards of Ch. NR 243, Wis. Adm. Code, adopted herein by re- ference, are complied with. 17.15 AGRICULTURAL RESIDENTIAL DISTRICT. This district is created to establish areas within which agricultural . uses, commercial uses serving agriculture, limited commer- cial, institutional residential uses may be located. The Agricultural Residential District is intended to include areas in which exclusive agricultural use on an area -wide basis is not warranted due to such factors as the existence of mixed uses prior to the date the district was established and located, demonstrated or expected ability of farm and selected nonfarm uses to exist in close proximity without undue conflict or a determination that the area is in a state of transition to urban residential character. (1) PERMITTED USES. (a) Any use permitted in the Agri- cultural District. (b) Agricultural supply businesses such as farm machi- nery dealers and seed, fertilizer and chemical dealers, and industries which process agricultural products largely pro - duced on nearby farms. (c) Raising or maintaining farm animals on a parcel 35 acres or larger in size. (d) Raising or maintaining farm animals on a parcel that is 1.5 acres or larger but below 35 acres in area, ST. CROIX COUNTY 10/01/86 ZONING CODE 17.15(1)(e) provided that the number of combined animal units does not exceed one per acre with fractions rounded down to the next whole number. (e) Single family residences. (2) MINIMUM LOT AREA. The provisions of §17.13(2)(b) shall apply to residential parcels. (3) HEIGHT. The provisions of §17.13(3) shall apply to buildings used for human habitation. (4) SIDE YARD. The provisions of §17.13(4) shall apply to residential parcels. (5) REAR YARD. The provisions of §17.13(5) shall apply to residential parcels. (6) SPECIAL EXCEPTIONS. The following uses may be al- lowed within the Agricultural Residential District as a special exception upon approval of the Board of Adjustment as provided in subchapter VII. (a) Two family dwellings. (b) Drive -in theaters. The Board of Adjustment will give special consideration to problems of traffic conges- tion, parking and proximity of residential districts. (c) Medical, correctional or charitable institutions. Buildings devoted wholly or partly to such uses or accessory thereto shall be not less than 50' from any lot line shared with premises used for residential purposes. (d) Contractor's storage yard. Any such yard shall be so placed or screened by planting as not to be visible from any public highway or any residential building other than that of the owner of such yard, his agent or employee. (e) Pea viners, sawmills or charcoal kilns when located not less than 700' from any lot line shared with premises devoted to residential use other than that of the owner of the premises, his agent or employee, and not less than 1,000' from the right -of -way lines of any federal, State or County trunk highway, provided that this regulation shall not apply to portable pea viners and sawmills where there is no stacking of vines or mill residue. (f) Kennels, when located less than 700' from any lot line shared with premises devoted to residential use, other 411 than that of the owner of the kennel, his agent or employee. ST. CROIX COUNTY 10/01/86 t ZONING CODE 17.15(6)(o) III (o) Feedlots (defined the same as "large animal feeding o perations" in Ch. NR 243, Wis. Adm. Code), except that the jurisdictional number of animal units shall be 250, shall be approved only if the location is found not to be likely to create unreasonably objectionable impacts on neighboring properties and if standards of Ch. NR 243, Wis. Adm. Code, adopted herein by reference, are complied with. (p) Airstrips, private or personal, subject to the pro - cedures and standards established under §17.14(6)(g). 17.16 CONSERVANCY DISTRICT. The Conservancy District is established to preserve and perpetuate in an open state certain areas such as lowland swamps, marshes and wetlands, floodplains and stream beds, slopes, bluffs, wooded areas and other areas of aesthetic value which, because of their unique physical features, are deemed desirable to be re- tained for the benefit of this and future generations. The regulations of the Conservancy District are intended not on- ly to preserve and perpetuate open space land and water areas consistent with the intent and purpose of this chap- ter, but also to protect the community and the County from costs and consequences which may be incurred when unsuitable development occurs in such areas. 111 (1) PERMITTED USES. (a) Grazing. (b) Those uses specified in §17.33(2) of this chapter. (2) SPECIAL EXCEPTIONS. Special exceptions are those specified in §17.33(2). In determining special exceptions, the Board of Adjustment shall seek to preserve the natural character of the land for its value to wildlife, water con- servation, flood control, forestry and other purposes appro- priate to the physical characteristics of the land. 17.17 RESTRICTED COMMERCIAL DISTRICT. The Restricted Commercial District is created to establish and protect certain types of commercial uses which lend themselves to a contiguous grouping as a unified and arcaded shopping cen- ter, producing a conservation of space, savings in structur- al costs and improved community appearance. This district also allows as permitted uses or special exceptions certain other uses which are compatible with the primary uses and which provide convenience to customers. 410 ST. CROIX COUNTY 10/01/86 ZONING CODE 17.70(3)(b)4. ° Depth to groundwater or bedrock if less than 6'. ° Slope in feet per one hundred or contour lines at 2 foot intervals in the area of the pro - posed absorption field and well. 4. When the application concerns land subject to floodplain zoning, the plans shall also include detailed information on the elevation of the lot and the location of existing or proposed fill or storagae materials. This shall be in addition to that required by pars. (b)2. and 3. above. 5. Applications which are found by the County Zoning Administrator on the basis of slope indications on the ap- plication, sketch or observations made in the course of field inspection, to involve slopes in excess of 12% shall be approved only if the proposed construction is in compli- ance with erosion control conditions set in the course of subdivision review under this chapter or in the case of properties not subject to such conditions, if the project is deemed not to threaten serious erosion or sedimentation problems. The Administrator may attach reasonable erosion prevention conditions to a permit approved for issuance. ® 6. Permits or special exceptions issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use arrangement or construction at variance with that authorized shall be deemed a violation of this chapter. (c) Fees. 1. Schedule. Whenever an applicant files an application for any permit or review in this chapter, the applicant shall pay a fee in accordance with a schedule that shall be adopted and amended from time to time as necessary by the Zoning Committee. 2. Because of the unique public interest in having lands rezoned into the amended Agricultural District, the Zoning Administrator shall, upon a finding that several applications are being presented to the County during the same month to place lands into the amended Agricultural ST. CROIX COUNTY 10/01/86 1 + , ZONING CODE 17. ?0(3)(c)3. District, temporarily waive collection of the normal appli- cation fee. At the start of the Committee's hearing the Administrator shall assess a single fee amount of $200 to the applicants from each town who shall then allocate such fee among themselves and pay the aggregate fee of $300 per town to the Administrator. 3. Temporary occupancy permits. Any other provisions to the contrary notwithstanding, no person shall place, oc- cupy or use a trailer, van, mobile home, recreational ve- hicle, tent, bus, truck, automobile or similar apparatus for residential purposes, temporary or permanent, on any parcel not having a legal and occupied principal structure other than in areas specifically zoned and approved for such oc- cupancy. However, the owner of a parcel who holds a valid zoning and sanitary permit for construction of a principal structure may apply for and obtain approval by special ex- ception for temporary placement and occupancy of a mobile dwelling unit during construction on condition of connecting such unit to and use of a legal sanitary system. The County will consider only applications that are accompanied by ap- proval letters from the town chairperson. All County ap- proved applications will be contingent upon filing by the applicant of a deed restriction by which the property owner agrees to abide by all town and County conditions and to obey time deadlines for removal of the unit unless the dead- lines are extended by the town board. All residential occupancy of the mobile home unit shall cease when the principal home is capable of occupancy. (4) NONCONFORMING USES. (a) General Limitations. When any structure or the use of any structure or premises has become a nonconforming use as defined in §17.09, such use may continue subject to the following limitations: 1. As long as no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classifi- cation. Once a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use. 2. No nonconforming use shall be expanded, enlarged or altered in any way which increases its nonconformity. • ST. CROIX COUNTY 10/01/86