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Home My WebLink AboutOrdinance 2015 (833) Ordinance No. 833 (2015) ORDINANCE AMENDING CHAPTER 17 --ZONING SUBCHAPTER I SECTION 17.09; SUBCHAPTER II SECTIONS ST R01 QNTY 17.11, 17.14, 17.145, 17.21; SUBCHAPTER VII SECTIONS 17.70, 17.72; SUBCHAPTER VIII SECTION 17.85; AND ADOPTING AMENDED ZONING DISTRICT MAPS FOR THE TOWNS OF BALDWIN, ERIN PRAIRIE, SOMERSET AND STANTON. 1 WHEREAS, Wisconsin's Farmland Preservation Program, Chapter 91 of Wisconsin 2 State Statutes was repealed and recreated under 2009 Wis. Act 28; and 3 WHEREAS, Chapter 17 - Zoning of the St. Croix County Code of Ordinances must 4 reflect the policies set forth in the certified Farmland Preservation Plan and the St. Croix County 5 Comprehensive Plan, and comply with the new Ch. 91 of the Wisconsin Statutes; and 6 WHEREAS, the St. Croix County Community Development Department submitted to the 7 Department of Ag, Trade and Consumer Protection (DATCP) an application for certification of 8 the County's Farmland Preservation Zoning Districts, Ag-1 and Ag-2, and town zoning maps for 9 the towns of Baldwin, Cylon, Erin Prairie, Pleasant Valley, Rush River, Stanton and Somerset; 10 and 11 WHEREAS, DATCP reviewed the zoning maps and district text for state compliance 12 requirements and issued an Order granting Certification through 2024 contingent upon County 13 Board approval of the proposed amendments outlined below; and 14 WHEREAS, copies of the amendments for both text and maps were accessible for 15 viewing at the Government Center in Hudson, the Agricultural Services Center in Baldwin, and 16 online; and 17 WHEREAS, the St. Croix County Community Development Committee held a duly 18 advertised public hearing regarding the proposed text amendments to Chapter 17 and proposed 19 map amendments to the town zoning district maps and recommends approval of both. 20 THEREFORE, the St. Croix County Board of Supervisors does ordain as follows: 21 St. Croix County Code of Ordinances Land Use and Development, Chapter 17, regulating 22 Farmland Preservation Zoning is amended as follows: 23 24 1) Subchapter I, §17.09 Definitions is amended as attached hereto; 25 2) Subchapter II, §17.11 Districts is amended as attached hereto; 26 3) Subchapter II, §17.14 B. Permitted Uses is amended as attached hereto; 27 4) Subchapter II, §17.14 D. & §17.145 D., Standards for Conditional Uses in Ag-1 & Ag-2 28 are amended as attached hereto; 29 5) Subchapter II, §17.14 F. & §17.145 F., General Limitations Applicable to Both Permitted 30 and Conditionally Permitted Uses in the Ag-1 & Ag-2 District are amended as attached 31 hereto; 32 6) Subchapter II, §17.14 B. Permitted Uses is amended as attached hereto; 33 7) Subchapter II, §17.145 C. Conditional Uses is amended as attached hereto; 34 8) Subchapter II, §17.21 Conservation Design Development is amended as attached hereto; 35 9) Subchapter VII, §17.70(4)Nonconforming Uses is amended as attached hereto; 36 10)Subchapter VII, §17.72 Amendments is amended as attached hereto; 37 11)Subchapter VIII, §17.85 District Requirements is amended as attached hereto; 38 39 The zoning district maps for the following towns, on file with the Zoning Administrator in the 40 Community Development Department (see attached maps), are amended and incorporated as part 41 of the St. Croix County Zoning Ordinance, Chapter 17: 42 The following parcels are rezoned from AG-1 Agricultural or AG-2 Agricultural to Rural 43 Residential: 44 45 Town of Baldwin 46 002-1028-95-150 47 Lot 2 of Certified Survey Map Volume 25,Page 5814 located in part of the Northwest Quarter of the Northwest 48 Quarter in Section 14,Township 29 North,Range 16 West. 49 50 002-1083-10-001 51 Lot 1 of Certified Survey Map Volume 25,Page 5899 located in part of the Southwest of the Northeast of Section 52 33,Township 29 North,Range 16 West. 53 54 002-1064-50-100 55 Lot 2 of Certified Survey Map Volume 12,Page 3480 and the east 240.40 feet of the south 1226.95 feet of the 56 Southwest quarter of the Southwest quarter except CSM Volume 12,Page 3480 all in Section 26,Township 29 57 North,Range 16 West. 58 59 002-1019-50-005 60 Lot 3 of Certified Survey Map Volume 26,Page 6077 located in part of the Southeast of the Southwest and 61 Southwest of the Southeast Section 9,Township 29 North,Range 16 West. 62 63 Town of Erin Prairie 64 012-1051-50-200 65 Lot 1 of Certified Survey Map Volume 20,Page 5122 located in the Northeast of the Northwest of Section 23, 66 Township 30,Range 17 West. 67 68 012-1055-40-000 69 A parcel of land located in the Southwest Quarter of the Northwest Quarter described as commencing at the West 1/4 70 corner of said section thence North on the West line of Section 25 for a distance of 866.9 feet to the place of 71 beginning;thence continuing North on the West line of said Section 25 for a distance of 208.71 feet;thence East at 72 right angles to the West line of said Section 25 a distance of 104.35 feet;thence South parallel with the West line of 73 said Section 25 for a distance of 208.71 feet;thence West for a distance of 104.35 feet to the place of beginning. 74 75 012-1063-40-000 76 The West 871 feet of the South 465 feet of the Southwest Quarter of the Southwest Quarter of Section 29,Township 77 30 North,Range 17 West. 78 79 80 012-1068-30-000 81 That part of the Southwest Quarter of the Northwest Quarter being the West 351.12 feet of the North 1981.98 of the 82 Northwest Quarter of Section 32,Township 30 North,Range 17 West. 83 84 Town of Somerset 85 032-1030-30-000 86 A parcel of land in the Northwest Quarter of the Northeast Quarter commencing at a point,which point is from the 87 quarter section corner between Sections 2 and 11 thence South 65 degrees East 9 Chains,32 Links(615.12');thence 88 East 4 Chains,27 Links(281.82');thence South 2 Chains,47 Links(163.02');thence West 3 Chains, 82 Links 89 (252.12');thence North 12.5 degrees West 2 Chains,48 Links(163.68')to the place of beginning EXCEPT HWY, 90 all in Section 11,Township 31 North,Range 19 West. 91 92 Town of Stanton 93 036-1081-60-050 94 That part of the Northwest Quarter of the Northwest Quarter in Section 32,Township 31 North,Range 17 West, 95 EXCEPT as described in Volume 1675,Page 112 of records,and EXCEPT Certified Survey Map Volume 11,Page 96 3020 and EXCEPT Certified Survey Map Volume 12,Page 3418. Legal—Fiscal—Administrative Approvals: Legal Note: none Fiscal Impact: There will be no fiscal impact to St. Croix County as a result of adopting these ordinance amendments. Al' d Cott .a, Cox, Corpora oh(oun�el 9/2015 1 obert it et, Assistant Finance i rec X2015 Pa rick ` of ."S"On, County I mini AN/2015 02/19/15 Enacted 02/19/15 Community Development Committee RECOMMENDED RESULT: RECOMMENDED [UNANIMOUS] MOVER: Daniel Hansen, Vice Chair SECONDER: Shaela Leibfried, Supervisor AYES: Agnes Ring, Daniel Hansen, Shaela Leibfried EXCUSED: Jill Ann Berke, Judy Achterhof Vote Confirmation. A t e: Rmg, 'aupervisoz° 2/25/20.15 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present RESULT: ENACTED [16 TO 1] MOVER: Agnes Ring, Supervisor SECONDER: Jill Ann Berke, Supervisor AYES: Schachtner, Ring, Babbitt, Novotny, Nielsen, Nelson, Berke, Ostness, Larson, Hansen, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey NAYS: Chris Kilber ABSENT: Roy Sjoberg, Ron Kiesler This Ordinance was ENACTED by the St. Croix County Board of Supervisors on March 3,2015 Cindy Campbell, County Clerk Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft AMENDMENTS TO ST.CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17: Amend the sections as shown below with underlined additions and strikeout deletions: Chapter 17 Zoning Subchapter I 17.09 DEFINITIONS of the St.Croix County Code of Ordinances is amended to include the following definition. The definition is inserted in alphabetical order and sequentially numbered: Contiguous:Adjacent to or sharing a common boundary. Chapter 17 Zoning Subchapter II General Zoning 17.10(3),of the St.Croix County Code of Ordinances is amended to read as follows: Within most districts there are listed"permitted uses"and"conditional uses." Permitted uses are uses which are allowed in that district provided that the property owner obtains a permit by showing that the proposed use is listed as a permitted use. Conditional Uses are uses that are allowed only after the County Board of Adjustment reviews the proposed use,holds a public hearing and decides whether to approve, based upon the application of standards found in this subchapter or in§17.70 5& 4&kai tom". 17.10(4),of the St.Croix County Code of Ordinances is amended to read as follows: The fact that a use is shown as a permitted use does not always mean that the project may proceed. The Chapter 12 Ssanitary ca&,Chapter 13 Land Division Chlg,the "" ' '^^eede Ch.1 ,or other sections of this cod°^hapteF may result in a permitted use not being allowed to proceed,depending upon the manner in which those provisions apply. 17.11 DISTRICTS,of the St.Croix County Code of Ordinances is amended to read as follows: 17.11 DISTRICTS. For the purpose of general zoning,there are created 84 districts and 3 Overlay Districts. All land zoned under this subchapter shall be designated as one of the following types: (1) Residence District. L?, AEG "!,Agricultural District. (3) AG-2 Agricultural l)i Lir cft (43) Rural Residential District. (`24) Conservancy District. ( I;) Restricted Commercial District. ( 4) Commercial District. J�4) Industrial District. (9) home Occupations Overlay District. 1 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft LIDJ Adult Entertainment Overlay District(AEO) (11) Conservation De (CDD) 17.13(6)Conditional Uses,of the St.Croix County Code of Ordinances is amended to read as follows: <Q CONDITIONAL USES. The following uses may be allowed aoa conditional use upon | approval bv the Board vf Adjustment ao provided in : | 17.14 B.3.,4.,5.,6.,7.,and 8.,of the St.Croix County Code of Ordinances are amended to read as follows: | l Any residence lawfully existingaoof JMUary may be continued in residential use and may be exempted from any limitations imposed or authorized under Wisconsin's non-conformities statue 59.69(10)provided they remain residential and meet zoning standards,and all other county ordinance requirements. 4. The rental of principal or secondary residences in existence on a farm as of 1,11 I�,fl`/1^ | and no longer utilized in the operation ofthe farm. s. Minor Home Occupations pursuant myz/.zss which do not impair v,limit current or future agricultural use of the farm vn which they are performed and which dvnot engage or employ any persons other than the residents of the principal residence located on the farm. | 91�01(!�` o. Agricultural Entertainment Activities not to exceed 15 calendar days per each 12 months in succession,which may include the incidental preparation and sale of beverages and food.For all such activities planned for or anticipated to have attendance of more than 100 persons during a 24 hour period,an event plan adequately addressing parking, proposed days and hours vf operation,ingress and egress permit ao determined bv appropriate road jurisdiction,sanitation,signage,solid waste management,and other public safety issues shall be filed and approved with a land use permit from the zoning administrator. The applicant shall file the approved land use permit with the appropriate town clerk,servicing fire department,emergency medical service provider, St.Croix Sheriff's Department and any local law enforcement agency for such agricultural entertainment activities,at least 30 days prior to the start of any agricultural entertainment activities in each calendar year. 7. Seasonal storage for compensation vf recreational equipment and motor vehicles owned by persons other than those persons residing on the premises,but only if fully enclosed inan agricultural accessory structure and compU,]OG*44f�with WL�s SLaLs. | This shall not include the storage ma dealer's inventory. o. Farm-related exhibitions,sales or events,including auctions,dairy breakfasts, exhibitions of farm machinery and technology,agricultural association meetings and 2 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft similar activities but not to exceed 5 calendar days per calendar year. l I L frZi i°,(U l Wl fro, c �cir �!Eg� r�12l7�LW'I WS.sLaLs91.01("I(.. 17.14 B.11.,of the St.Croix County Code of Ordinances is amended to read as follows: family farm residence based on a density of one(1)lot per ALL rl,,,Lci, 1 4 1 / ,,,,,, 11. One((1 1)€i gle 4,,sited in compliance with the County and town subdivision regulations. The Community Development Department shall determine allowable farm divisions so as to ensure that farms existing as of the effective date of this section shall not be divided in such a manner after the effective date so as to create in excess of the allowable number of lots per LL,ri Lci LL,ri Lci (1/4-1/4>. Remaining acreage of a farm not constituting a full�IWII-L2 LL,ri Lci (1/4-1/4(shall be divided by 40 for parcels zoned AG-1 with the resulting quotient used to determine the number of additional residential units to be allowed,with fractions rounded down to whole numbers. 17.14 C.,of the St.Croix County Code of Ordinances is amended to read as follows: C. Conditional Uses. he f2ILMLZ L�s:.c 2'e'fl lowed ir:I..L hc AEG ;f, ffl Li i�L...as(-,01 lffl Liam ml USeS Ubjr ]EL Lo L e sLanda pis°i I 4 6::y4e 4:�6111 e AG 4:.iP,44 4 Ab 04c.b�6oi�44F4Mb 4 � V 44L� 17.14 C.1.and 17.14 C.1.a.,of the St.Croix County Code of Ordinances are amended to read as follows: I �4� Agricultural Accessory Uses which„,,eet the^^{'„'+'^„of agFie It Fa'aee,,—� use „deF r., 09(76 c Ft4e+limited to the following d,—,c+he a. A business,activity or enterprise,whether or not associated with an agricultural use,that is conducted by the owner or operator of a farm,that requires no buildings,structures or improvements other than those described in§ 17.09(6)(.!x(and that employ no more than four(4)full time employees annually and that does not impair or limit the current or future agricultural use of the farm or other protected farmland. 17.14 C.3.,of the St.Croix County Code of Ordinances is amended to read as follows: 3. Transportation,communications,utility or drainage uses not fitting under B.10.,above as permitted uses,subject to compliance with Ch.17,§17.80 17.900 uh„ha„+^r"”' 17.14 D.,of the St.Croix County Code of Ordinances is amended to read as follows: D. Standards for Conditional Uses in the AG-1 District. In addition to the requirements of& h„h.”" §17.70_(7),the Board of Adjustment must find that the following standards are met before approving any conditional use permit for land in the AG-1 District. 17.14 F.2.,of the St.Croix County Code of Ordinances is amended to read as follows: 2. Density and Minimum Lot Area: One single-family farm residence based on a density of one(1)lot per quarter-quarter(1/4-1/41 with a minimum lot size of three(3)acres. After reaching maximum density allowed,the remaining farm acreage may only be used 3 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft for the permitted and conditional uses set forth in Section B and C above,except that no additional residential uses are allowed. 17.14 F.3.a.3)and 17.14 F.3.a.5),of the St.Croix County Code of Ordinances are amended to read as follows: a. Side yard setbacks on each side of buildings: 1) The aggregate width of the side yards for principal buildings shall be not less than 25'and no single side yard shall be less than 10'wide. 2) For lots less than eighty(80)feet in width and of record as of the effective date of this ordinance,the aggregate width of the side yards shall be equivalent to 3"for each foot of the lot width and no single side yard shall be less than 40%of the aggregate width. The buildable width of any lot shall not be reduced to less than 24'. 3) The minimum permitted side yard for an accessory building shall be 5' provided that it is detached from the principal building. When an accessory building is attached to the principal building,it shall be considered to be part of the principal building and the standards under + 1 above-,shall apply. 4) To be considered to be detached,an accessory building shall be separated from all other buildings by a minimum of 10',measured from the edges of each roof overhang. 5) The highway setback regulations set forth in 17.600 "c-". shall apply to all corner lots. 17.14 F.5.,of the St.Croix County Code of Ordinances is amended to read as follows: 5. Rezoning of Property in the AG-1 District to Another Zoning Classification. No land in the AG-1 District shall be rezoned except in accordance with§17.72 (4(h)(44)and §91.48,Wis.Stats. The title of 17.145,of the St.Croix County Code of Ordinances is amended to read as follows: 17.145 AG-2 AGRICULTURAL DISTRICT 17.145 B.S.,of the St.Croix County Code of Ordinances is amended to read as follows: 5. One(1)single family farm residence based on a density of two(2)lots per gWfl Lel-,,,,, ci (1/4-1/4�sited in compliance with the County and town subdivision regulations. The Community Development Department shall determine allowable farm divisions so as to ensure that farms existing as of the effective date of this section shall not be divided in such a manner after the effective date so as to create in excess of the number / / 4-1/4�. Remaining acreage of a farm ci J1 4-1€4/shall be divided by 20 for parcels zoned nlot cobstitut n afulllots per `................... AG-2 with the resulting quotient used to determine the number of additional residential units to be allowed,with fractions rounded down to whole numbers. 4 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft 17.145 C.,17.145 C.1.,and 17.145 C.2.,of the St.Croix County Code of Ordinances are amended to read as follows: C` Conditional Uses. I. All conditional uses allowed in the Aa'z District under§z7.z4. z. Agricultural accessory uses 17.145 C.2.b.and 17.145 C.2.c.,of the St.Croix County Code of Ordinances are amended to read as fvUvmo: u. A business activity v,enterprise,whether v,not associated with anagricultural use,that io conducted bv the owner v,operator ofa farm,that requires nv buildings,structures v,improvements other than those described in | yz7opo)(,,4)and that employs nv more than 4 full-time employees annually, and that does not impair v,limit the current v,future agricultural use ofthe farm v,other protected fa,m|and. 17.145 C.3.,and 4.,of the St.Croix County Code of Ordinances are amended to read as follows: a. Agriculture-related uses a. Plant v,livestock genetic laboratories,agriculture-related experimental laboratories. b. Landscape supply v,contracting businesses associated with a plant v,tree numerp C. Dead stock hauling services,nv portion of which shall be located less than 7oo feet from any lot line shared with a property vn which a residence iolocated. d. Sales v,storage of agricultural byproducts. e. Stock yards and livestock auction facilities. t ui*dieoe|and ethanol manufacturing facilities. m. Manure processing facilities. h. uivpvwe,facilities for distribution,retail v,wholesale sales. � 4. 6�aovemmental,instuutwnal,e|4givu,mnvn-pmfitmmmunnvuos. z7.z4scze,m the St.Croix County Code of Ordinances io amended m read aofollows: 5 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft 17.14sC.D,of the St.Croix County Code of Ordinances io amended m read aofollows: | o. A uses,subject to the following procedures and standards: z7.14ao,m the St.Croix County Code vf Ordinances io amended m read aofollows: D. Standards for Conditional Uses in the ws'zDistrict. |n addition tv the requirements vfsubE�. | V4�a��Q(7)'the Board vf Adjustment must find that the following standards are met before approving any conditional use permit for land in the Aa'zDistrict. 17.145 F.2.3.,and 5.,of the St.Croix County Code of Ordinances are amended to read as follows: z. Density and Minimum Lot Area. One single-family farm residence based vna density vf | two(z)lots per 1/41/4 with a minimum lot size vf three(a)acres. After reaching maximum density allowed,the remaining farm acreage may only be used for the permitted and conditional uses set forth in Section B and C above,except that no | additional residential uses are aUvwed. | a. Setback Requirements. Buildings that are erected,altered v,moved m land in the Aa-2 District shall be subject m the setbacks prescribed inyyz7.mXo)andz7.za(4and(s), subject tv the following express requirements imposed in the ws'zDistrict: a. Side yard setbacks vn each side ofbuildings: z) The aggregate width of the side yards for the principal building shall not be less than zs'and nv single side yard shall be less than zo'wide.-T4* z) For lots less than eighty<mN feet wide and of record aoof the effective date vf this ordinance,the aggregate width of the side yards shall be equivalent tva^for each foot of the lot width and nv single side yard shall be less than 4o%of the aggregate width. The buildable width of any lot shall not be reduced m less than z4' a) The minimum permitted side yard for an accessory building shall bes' provided that itio detached from the principal building. When an accessory building io attached m the principal building,it shall be considered tvbe part of the principal building and the standards under | �JJlabocve-,shall apply. 4) Tobe considered detached,an accessory building shall beseparated from all other buildings bva minimum ofzo''measured from the edges of each roof overhang. 6 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft 5) The highway setback regulations set forth in 17.600 4&h V shall apply to all corner lots. 5. Rezoning of land in the AG-2 District to another Zoning Classification. No land in the AG- 2 District shall be rezoned except in accordance with§17.72(.% (h)(42)and§91.48,Wis. Stats. 17.15(6),of the St.Croix County Code of Ordinances is amended to read as follows: (6) CONDITIONAL USES. The following uses may be allowed within the Rural Residential District as a conditional use upon approval of the Board of Adjustment as provided in The title of 17.155,of the St.Croix County Code of Ordinances is amended to read as follows: 17.155 HOME OCCUPATION OVERLAY DISTRICT. 17.155(3)(c),of the St.Croix County Code of Ordinances is amended to read as follows: (c) A major home occupation is a home occupation that is authorized as a conditional use by the Board of Adjustment under `e44' - "17.70(5)-(8). 17.155(7)(e),of the St.Croix County Code of Ordinances is amended to read as follows: (e) Revocation. Conditional use permits for a major home occupation,once granted, may be revoked by the Board of Adjustment for cause after hearing before the Board of Adjustment. All such revocations shall be administered in accordance with 17.70(7)(c)5 of this^r�cha ter. 17.18(1)d.,of the St.Croix County Code of Ordinances is amended to read as follows: d. This district and the uses in the district shall reflect the goals,objectives and policies regarding commercial uses and development in the St.Croix County Comprehensive Plan,adopted November 5,2012 and St.Croix County Development Management Plan,adopted March,2000. 17.18(3)h.,of the St.Croix County Code of Ordinances is amended to read as follows: h. Wireless Communication Service and Other Transmission Facilities as specified in c behaptervnl,§§17.80--17.90. 17.18(9)cc.,of the St.Croix County Code of Ordinances is amended to read as follows: cc. Wireless Communication Service and Other Transmission Facilities as specified in c laeh,pteF Vill,§§17.80--17.90. 17.19(3)f.,and 17.19(9)h.,of the St.Croix County Code of Ordinances are amended to read as follows: f. Wireless Communication Service and Other Transmission Facilities as specified in c behaptervnl,§§17.80--17.90. 7 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft h. Wireless Communication Service and Other Transmission Facilities as specified in Suibehapt,,V444—,§§17.80--17.90. The title of 17.20,of the St.Croix County Code of Ordinances is amended to read as follows: 17.20 ADULT ENTERTAINMENT OVERLAY DISTRICT(AEO). 17.20(1),of the St.Croix County Code of Ordinances is amended to read as follows: (1) Intent. It is the intent of this nr�district to protect the health,safety,general welfare and morals of the residents of St.Croix County,to preserve the quality of family life,to preserve the rural and urban characteristics of its neighborhoods in St.Croix County and to prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods. Being mindful of the effects of adult entertainment upon minors and the criminal activity and disruption of public peace associated with such establishments, while also giving due consideration to civil rights of persons partaking in such entertainment,it is the intent of this section to regulate the location of such establishments of adult entertainment. By the enactment of this ordinance,the St.Croix County Board of Supervisors does not intend to give any explicit,implicit or tacit approval or condone any activity relating to adult entertainment. The title of 17.21,of the St.Croix County Code of Ordinances is amended to read as follows: 17.21 CONSERVATION DESIGN DEVELOPMENT OVERLAY DISTRICT 17.21(1)(a),of the St.Croix County Code of Ordinances is amended to read as follows: To for the unified a and planned development elo ment of clustered,residential uses, (a) T prnclae, p , ,,which are designed and located to reduce the perceived density of development,while still providing privacy for dwellings,and incorporate large areas of permanently protected common open space. Chapter 17 Zoning Subchapter VII ADMINISTRATION AND ENFORCEMENT The title of 17.70(4),of the St.Croix County Code of Ordinances is amended to read as follows: (4) NONCONFORMING USES&c STRUCTURES. 17.70(4)(a)4.,of the St.Croix County Code of Ordinances is amended to read as follows: 4. a. Damaged or destroyed nonconforming structures may be restored to Formatted:Indent:Left: 1.25",Hanging: the size, location and use that they had immediately before the damage or 0.38",Space After: 0 pt,Line spacing: single, Don't adjust space between Latin and Asian text destruction occurred,without limitation as to the costs of repair reconstruction,or improvement,if all of the following apply: 1) A Land Use Permit per§17.70(3)is required. 2) The nonconforming structure was damaged or destroyed after March 2,2006. 8 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft vandalism,fire,flood,ice,snow, old or infestation. dimensions of the damaged structure and proposed r storation. 5) Repair and econstruction are limited to that p rt of a structure building_mate rials_are employed 6) Repair and econstruction are in compliance with applicable reguirements. b. The size of a structure shall be allowed to be larger tha the size it was 17.70(5)(a),of the St.Croix County Code of Ordinances is amended to read as follows: (a) Authorization and Composition. The County Board Chairman shall appoint a Board vf | Adjustment consisting vf-3-5 members All appointments shall besubject to confirmation bv the County Board. 17.70(7)(g),and(h),of the St.Croix County Code of Ordinances are amended to read as follows: | (m) Formatted:Indent:Left: 1",Hanging: 0.38", Space After: 0 pt,Line spacing: single,Don't z. The following special procedures and standards apply tv all conditional use adjust space between Latin and Asian text applications involving lands in the Aaz and AaaDistricts. z. The Wisconsin Department vf Agriculture,Trade and Consumer Protection shall be notified vf all such applications bv sending the Department a copy vf the hearing notice published for the application and vf the disposition vfall such applications bv sending the Department a copy vf the Board vf Adjustment's written decision. 14�,Le4 belevf� Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft Vey e eF"vot al s pFr Gpa e«i oyrc pGteoLl"oy k4i sd Lv ,,e... l s yr c ..:0;4t nraL�ki be ei s fled by 04e (I,:�,) he�,o4 pi�o4oa t�v4y r,444g I yob beei�ce�4�,c,iered iI�the Iec,,441�aG Lhe.,rr&4 p.I,epea,eci.fe y ex GM"1 RR 17.72(h),of the St.Croix County Code of Ordinances is amended to read as follows: (h)S ecial ICI avI�,I"ew, iii SLai idards€pplicable to Amendments to the Zoning Map Removing Lands from the Agricultural District(s) Ag f, La L. 1. The following special procedures and standards apply to all petitions to rezone land out of the Agricultural Districts AiG f„°f ! iGa .. g � ( )E �. The Wisconsin Department of Agriculture,Trade and Consumer Protection shall be notified of all such petitions by sending the Department a copy of the Committee's hearing notice on the petition and of the disposition of all such petitions by sending the Department a copy of the proceedings of any County Board meeting that involves a vote on ordinance amendments involving rezones from the Agricultural District(s)or a recording of a receipt of town board resolutions on such amendments. Formatted:Space After: 0 pt,Line spacing: e single, No bullets or numbering,Don't eI,r e L of q l rll I, IA rI l a e rvl ye„frI I,I oykie r el,al,:L rI1«i r�f,.l,to tl�..., `� "� � � hyphenate,Tab stops: 1.75",Left+Not at vl k-,UILUrc, I l Mie,f;rl A«=01ISUI rIel IlroLevLl""ai i cle,ri l kici�Llfyll E 0.5" the I IUI nber of a res LI aL have beerri re/of ied aUL of L he ceI Lified fa i n1a id ,I e eI v';I„LIaI ,ai i iZ« LI Ict( �Ll Ik::1Z LI 2 1 I,I,Ma,� Y .rl:-. A,Dec Decisions rezones o an from the Agricultural District(s)(Ag " Cf Z g L reskiei I,c aI r aI I I ` L L by the Committee,the County a Board and the affected town board shall be governed by the standards of §91.48,Wis.Stats. These standards shall be read into the record of the meeting of the Committee,the County Board and the town board before votes may be taken to approve of a rezone and either the report accompanying the County Board ordinance and the Town Board Resolution of approval or the ordinance and resolutions themselves shall contain findings that the rezone will meet standards listed below: a. The land is better suited for a use not allowed in the Farmland Preservation Zoning District. 10 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft b. The rezoning is consistent with fn iy,:1 I Iiv,:1 le cof r pl -el1c�vc l lfri (St. Croix County's Comprehensive Plan„ ri�d iL,i!.:c jp.c„v.t.i,°„ ,cL,a„�,nr„i1 v r� cl ci�vc pI,,:i! . c. The rezoning is substantially consistent with the St.Croix County Farmland Preservation Plan d. The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted agricultural use. e. There rMll I c ri Z:adequate public facilities to serve the proposed and potential land use changes that would be enabled by the rezoning. f. The burdens on the local government for providing the needed services to the proposed and potential land use changes that would be enabled by the rezoning are reasonable. g. The development will not cause unreasonable air or water pollution,soil erosion,or adverse effects on valued natural areas. h. The soil productivity rating has been considered in the location of the area proposed for rezoning. Chapter 17 Zoning Subchapter VIII Wireless Communication Service and Other Transmission Facilities: 17.82(1)(a)and 17.82(3)(b),of the St.Croix County Code of Ordinances is amended to read as follows: (a) Any transmission facility for which a permit has been issued prior to August 28,1997 shall not be required to meet the requirements of this subchapter exceeding those in effect at the time the permit was granted,�a,, ,,^^17.88,and: (b) Any transmission facility for which a permit has been issued prior to the effective date of this subchapter and after August 28,1997 shall not be required to meet the requirements of this subchapter exceeding those in effect at the time the permit was granted,§'�17.88,and: 17.85(1)(a),17.85(1)2.(b),of the St.Croix County Code of Ordinances are amended to read as follows: (a)The following are permitted with a county land use permit from the Zoning Administrator issued under this subchapter and�&@E e 17.70(3): (b)The following may be permitted with a conditional use permit issued under this subchapter and 17.70(7): 17.85(2)(a),and 17.85(2)2.(b),of the St.Croix County Code of Ordinances are amended to read as follows: (a)The following are permitted with a county land use permit from the Zoning Administrator issued under this subchapter and�a,, ,,^^17.70(3): (b)The following may be permitted with a conditional use permit issued under this subchapter and 17.70(7): 17.85(2)(b)2.(a),of the St.Croix County Code of Ordinances is amended to read as follows: Lai I 1 pose facHCLCes I'ocaLCi E yLW,iCi i LI ie sLaLe cei LMed AG I ai A AEG %tii„Li C L,, are SUI ��EL t2 LLCS.SU;tL'1 f Formatted:Indent:Left: 0.5” 17.85(3)(a),of the St.Croix County Code of Ordinances is amended to read as follows: 11 Proposed Ordinance Amendments 2-19-14 CDC Public Hearing Draft (a)The following are permitted with a conditional use permit issued under this subchapter and �&e& ^^ 17.70(7): 17.85(4)(a),of the St.Croix County Code of Ordinances is amended to read as follows: (a)With a conditional use permit issued under this subchapter and�&eE 9-n 17.70(7), an antenna or generator attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure and where the total height of the addition would not increase the maximum height to over 200 feet. 17.87(2),(3),and(4),of the St.Croix County Code of Ordinances is amended to read as follows: (2)County Land Use Permits.Any stealth facility or the addition of an antenna or generator to an existing structure permitted under this subchapter may be authorized by the Zoning Administrator,as indicated above,upon the submission and approval of a properly completed application and the fee for a county land use permit under this section and�4eE e 17.70(3).A county land use permit may be issued by the Zoning Administrator,but may not be issued by a deputy zoning administrator. The Zoning Administrator shall not issue such a county land use permit prior to ten days after mailing notice of the application to the town in which the transmission facility is proposed to be built. (3)Conditional Use Permits. Any other transmission facility requires a conditional use permit under this subchapter authorized by the Board of Adjustment upon the submission and approval of a properly completed application for a conditional use under this section and �,,e ^^17.70(7)and the fee. (4)Applications.In addition to the application requirements of�&eE e 17.70(3)or 17.70(7),any application for a county land use permit or conditional use permit for a new transmission facility shall include the following information. Applications for land use permits may omit(b)4 below. 12 Official County Zoning Map Town of Baldwin St. Croix County, Wisconsin T29N, x16W i 5TH AVE i. RD 3 �� --' 11 t'E)' , � SPRUCE - o 2 _ f fi3 1fOTHAV -- , rI 1TOT AVE 'TIRO --. i07T-AVE I ---- I 7 11] b i 1 2 — i i i i a a , - ..- 16 — -14 a- — i 90TH n , I V 1- 20 __ BST. -- ---- .- -_ 21 23 24 i TH 1 it I - 801 AVE ...-...._.. INSETr'A' I i6THAVE i,---- fF CARTS Si f ' INSET' 29 L2s TH SON „FRIDGE y 70 STIR ]I t i 12 Mull DARV zvtn a Z — n ....,,_ 34 m dd �6 _ "5 S/Tjj p S .+..�.«.,....., u I INSET'A' ®° T INSETB�� 12 ww 12 n„ III zsR soa St.Croix County Community Zoning Districts N Development Department W E 1101 Carmichael Rd. Residential Conservancy s Hudson,WI Phone:715.386.4680 Rural Residential Ag-1 0 0.25 0s 10,1,, Email:pz @co.saint-croix.wi.us Commercial Ag-2 This official county zoning map is a visual representation of the Industrial zoning district boundaries as created and amended by the St.Croix County Board of Supervisors through county zoning ordinance amendments on file with the St.Croix County Clerk. Contact the Planning&Zoning Department for floodplain,shoreland,and wetland zoning. 3/3/2015 Official County Zoning Map Town of Erin Prairie St. Croix County, Wisconsin T30N, R17W p I ) ua 4 111111. I =MOTH I x I 165THAVE 8; _ 8 - - 10 i 7�2� II I I I i 16DTHAVi.. BOTH SIT L7 116 14 _ IIN N I 1 I h � € I I M i � 26 �� - E I I ...140TH AVE ._A....... :._.III.,., € € 0 — - 29 - 28 -27 — 26 — —5 I 13OTHM VE t € i 150TH ST f E I I 120TH , J............,..,. �� _ ...,,. ..._... ..... ................m.................... AVE ,........ ,,,. —, — I � I N St.Croix County Community Development Department w E 1101 Carmichael Rd. Residential Conservancy s Hudson,WI Phone:715.386.4680 Rural Residential Ag-1 0 0.25 0.5€maes Email:pz @co.saint-croix.wi.us Commercial Ag-2 This official county zoning map is a visual representation of the Industrial zoning district boundaries as created and amended by the St.Croix County Board of Supervisors through county zoning ordinance amendments on file with the St.Croix County Clerk. Contact the Planning&Zoning Department for floodplain,shoreland,and wetland zoning. 3/3/2015 Official County Zoning Map Town of Somerset St. Croix County, Wisconsin Tao & 31N, R19 & 20W IL J{j 1 { k I a_ —X 27 29 � y ^ a I I I , o, t , y ,a w�E Ir I � ` 4, �Q mM N St.Croix County Community Development Department W E 1101 Carmichael Rd. Residential Conservancy s Hudson,WI Phone:715.386.4680 Rural Residential Ag-1 0 0.25 0s r 10,1" i , , , , Email:pz @co.saint-croix.wi.us Commercial Ag-2 This official county zoning map is a visual representation of the Industrial zoning district boundaries as created and amended by the St.Croix County Board of Supervisors through county zoning ordinance amendments on file with the St.Croix County Clerk. Contact the Planning&Zoning Department for floodplain,shoreland,and wetland zoning. 3/3/2015 Official County Zoning Map Town of Stanton St. Croix County, Wisconsin T3 IN, RI 7W ._.-1 I 2 � I hieiH�T t ��I c ( ooTH sT.S f- __..._.x 10 ---------._ E II f 116 215tH t. � I I � I 1 00TH STS - I zio Hove h 74 I I j I I I I ti I _ ,li f4urxsr/ 310 f . �g— _27 131 � o � I 1 I I' r5 ' 6- �asTxave E- .. 1. f 74fiiH Si i I 1 ek f C 11� 1 a 1 �f r. onn {t,Ff; wa sB"u a�oae oa 6'. T AE ��r t w N St.Croix County Community Development Department W E 1101 Carmichael Rd. Residential Conservancy s Hudson,WI Phone:715.386.4680 Rural Residential Ag-1 0 025 0s lmaes 1 Email:pz @co.saint-croix.wi.us Commercial Ag-2 This official county zoning map is a visual representation of the Industrial zoning district boundaries as created and amended by the St.Croix County Board of Supervisors through county zoning ordinance amendments on file with the St.Croix County Clerk. Contact the Planning&Zoning Department for floodplain,shoreland,and wetland zoning. 3/3/2015 FARMLAND PRESERVATION ZONING DISTRICTS St. Croix County Chapter 17, Subchapter I, Subchapter II, Subchapter VII, and Subchapter VIII PUBLIC HEARING NOTICE The St. Croix County Community Development Committee will hold a public hearing on Thursday, February 19, 2015 at 6:00 p.m., or shortly thereafter, at the Hudson Government Center's County Board Room, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following proposed text and zoning map amendments to the St. Croix County Code of Ordinances Land Use and Development, Chapter 17, regulating Farmland Preservation Zoning; Text Amendments 1) Subchapter I, §17.09 Definitions. 2) Subchapter II, §17.11 Districts. 3) Subchapter II, §17.14 B. Permitted Uses. 4) Subchapter II, §17.14 D. & §17.145 D., Standards for Conditional Uses in AG-1 &AG-2. 5) Subchapter II, §17.14 F. &§17.145 F., General Limitations Applicable to Both Permitted and Conditionally Permitted Uses in the AG-1 &AG-2 District. 6) Subchapter II, §17.14 B. Permitted Uses. 7) Subchapter II, §17.145 C. Conditional Uses. 8) Subchapter II, §17.21 Conservation Design Development. 9) Subchapter VII, §17.70(4) Nonconforming Uses. 10) Subchapter VII, §17.72 Amendments. 11) Subchapter VIII, §17.85 District Requirements. Zoning Map Amendments: The following parcels are not eligible to participate in a certified agricultural zoning district and must be rezoned from AG-1 Agricultural or AG-2 Agricultural to Rural Residential: Town of Baldwin 002-1028-95-150 Lot 2 of Certified Survey Map Volume 25, Page 5814 located in part of the Northwest Quarter of the Northwest Quarter in Section 14,Township 29 North, Range 16 West. 002-1083-10-001 Lot 1 of Certified Survey Map Volume 25, Page 5899 located in part of the Southwest of the Northeast of Section 33,Township 29 North, Range 16 West. 002-1064-50-100 Lot 2 of Certified Survey Map Volume 12, Page 3480 and the east 240.40 feet of the south 1226.95 feet of the Southwest quarter of the Southwest quarter except CSM Volume 12, Page 3480 all in Section 26,Township 29 North, Range 16 West. 002-1019-50-005 Lot 3 of Certified Survey Map Volume 26, Page 6077 located in part of the Southeast of the Southwest and Southwest of the Southeast Section 9,Township 29 North, Range 16 West. Town of Erin Prairie 012-1051-50-200 Lot 1 of Certified Survey Map Volume 20, Page 5122 located in the Northeast of the Northwest of Section 23,Township 30, Range 17 West. 012-1055-40-000 A parcel of land located in the Southwest Quarter of the Northwest Quarter described as commencing at the West%corner of said section thence North on the West line of Section 25 for a distance of 866.9 feet to the place of beginning;thence continuing North on the West line of said Section 25 for a distance of 208.71 feet;thence East at right angles to the West line of said Section 25 a distance of 104.35 feet;thence South parallel with the West line of said Section 25 for a distance of 208.71 feet;thence West for a distance of 104.35 feet to the place of beginning. 012-1063-40-000 The West 871 feet of the South 465 feet of the Southwest Quarter of the Southwest Quarter of Section 29,Township 30 North, Range 17 West. 012-1068-30-000 That part of the Southwest Quarter of the Northwest Quarter being the West 351.12 feet of the North 1981.98 of the Northwest Quarter of Section 32,Township 30 North, Range 17 West. Town of Somerset 032-1030-30-000 A parcel of land in the Northwest Quarter of the Northeast Quarter commencing at a point,which point is from the quarter section corner between Sections 2 and 11 thence South 65 degrees East 9 Chains,32 Links(615.12');thence East 4 Chains,27 Links (281.82');thence South 2 Chains,47 Links(163.02');thence West 3 Chains,82 Links(252.12');thence North 12.5 degrees West 2 Chains,48 Links(163.68')to the place of beginning EXCEPT HWY,all in Section 11,Township 31 North, Range 19 West. Town of Stanton 036-1081-60-050 That part of the Northwest Quarter of the Northwest Quarter in Section 32,Township 31 North, Range 17 West, EXCEPT as described in Volume 1675, Page 112 of records,and EXCEPT Certified Survey Map Volume 11, Page 3020 and EXCEPT Certified Survey Map Volume 12, Page 3418. In August 2014, the Community Development Department submitted to the Department of Ag, Trade and Consumer Protection (DATCP)an application for certification of the County Farmland Preservation Zoning Districts, Ag-1 and Ag-2, and town zoning maps for the towns of Baldwin, Cylon, Erin Prairie, Pleasant Valley, Rush River, Stanton and Somerset. DATCP reviewed the maps and zoning district text and required these proposed amendments in order to meet state compliance requirements. The amendments were developed, reviewed by St. Croix County Corporation Counsel and submitted to DATCP for review. In December DATCP approved all the amendments and granted conditional certification of St. Croix County's Farmland Preservation Zoning Ordinance through December 2024, contingent upon County Board approval of the proposed amendments outlined above. Copies of the proposed text and map amendments, correspondence with DATCP, planning documents, related maps and appendices are available at the Community Development Department, Government Center, Hudson and the Agriculture Service & Education Center, Baldwin. The documents may also be viewed or downloaded from the St. Croix County website at: http://www.sccwi.us/farmpresplan. The committee meeting will start at 6:00 p.m. with the hearing to begin shortly thereafter. County staff will provide a short presentation and answer questions before public comments are heard. Oral and written comments will be accepted through the end of the hearing. Comments may also be submitted prior to, or at the hearing; in person, by mail, fax or email to: Amanda Engesether 1101 Carmichael Rd., Hudson, WI 54016 715-386-4672 or 715-386-4686 Fax amanda.en gesetheraco.saint-croix.wi.us or cdda-co.saint-croix.wi.us In the case of cancellation of this hearing, please call the Community Development Department at 715-386-4680 before 5:00 p.m. on the day of the hearing. Agnes Ring, Chair Community Development Committee Land Us'e S T. C R — JX,� 60,1 Planning . Resource Management Community DevelopMent Department M1 mAw�upuG�!tt�al, a raafrtl�i Ira �1 owe' .mM19 n°��"aw,w�M �retiyvir,o�ml¢vl, � IW4N\NM!IA§GM1KNHAGUW1f1iMHIpHMmII IIAIIPo;IG§tt!MIHINdIVMrIAkmHMm'✓MIM tlkmAlNrcCfilMM1lm!§GM1IYfHNWiI"IN41Y1(fdtt1111if.fiClNl M1111#11\1d(WfMA6WIfA&INttNIINVMNMIN44IHIHN"tt111!N/!IIttiAV(NdY!HIPNANINttNA1G(NNIMAIdIN1N1AIIVNNh1911f VINNNM14hUkf i'HNI!Md141tt7MIM1:1114IA!#W9ttw<I7(M^IIgM1QPH4(M1IIIIVMII@ IINSISp1411IRW'iN@ 1H\II\NIIiMAI!II@ IIViNAfIQXW4M1lttl St Uffhxfl4lVItlN@ INIIM1'IIOpfJIMdMU§YX!MCW0tlM6MN1 'wi+ 'I" ' 'uJ' rr mWMIA6W11UJ11%1,...AIM14'dSIiEVIMNNGHIN!IIAdNBIWAbSilta✓11 @/71YtlWMIgIA4)1NIfiUi44llyIITW 91!MI6hIL7NItt6Y'FI.'4ANINMIIWi 8/12/2014 Scott Karel Wisconsin Department of Agriculture, Trade, and Consumer Protection Agricultural Resource Management Division WORKING LANDS PO Box 8911 Madison, WI 53708-8911 Dear Mr. Karel; St. Croix County is seeking farmland preservation zoning ordinance certification for two (2) of its zoning districts: Agricultural-1 and Agricultural-2 for seven (7) towns: Baldwin, Cylon, Erin Prairie, Pleasant Valley, Rush River, Stanton, and Somerset. Below you will find a summary of the outreach used to develop the ordinance, the relationship between the County's Comprehensive Plan/County Farmland Preservation Plan, and a bulleted summary of the key text changes within the new farmland preservation zoning districts. The St. Croix County Board of Supervisors adopted the St. Croix County Farmland Preservation Plan at their meeting on Tuesday January 3, 2012. The state-certified farmland preservation plan combined with the existing work on the agricultural element of the comprehensive plan resulted in an integrated Agriculture and Farmland Preservation element of St. Croix County, WI 2012-2035 Comprehensive Plan adopted on November 5, 2012. The state certified St. Croix County Farmland Preservation Plan and Map identifies those lands eligible for the new, proposed for certification, Farmland Preservation Zoning Districts, AG-1 and A -2. All maps, presentations, planning documents, complete ordinance, etc. can be accessed by visiting our website at: r w c : usjff mpEg5p�a . The planning documents and process incorporated a community survey, identification workshops, informational meetings, and open houses. Outreach for drafting of the new Ag Zoning Districts included two kick-off meetings held in January 2013. Immediately following the kick-off meetings, staff initiated and received requests by nine towns for a formal presentation and input gathering session(s). These nine ( ) town meetings took place between March and June of 2013 with over 125 residents in attendance. St. Croix County crafted a press release that was published throughout the county seeking input and mailed 320 first class-notices to all interested parties including the Town Chairs, Clerks, and Planning Commission Chairs. The Community Development Committee (CDC) reviewed the ordinance in both July and August of 2013. The official Public Hearing was held on September 1 , 2013. Changes and a recommendation were made by the CDC at the public hearing. The County Board of Supervisors adopted this comprehensive revision of the zoning ordinance at their October 1st, 2013 meeting. mlNru!soaasulmnnsswuuuwanmiaduaurlamivaNmmlmmuindHln\mmmAmnmttemulmsmumisml mllm'N!IwulAmti'uNlllmmomvllIMAVAOmu+mrvnmlcalnduvuuaMUlmN'ouvuamvuulmuultim',dwlvinlminn'mlAdw,ullGmlausmulAlvuuµumlurvlw h!IIrcwIUlmoll»mlurmmrmmnvunw,'nuAVM1mluammrvumosnunw<urmimrorrAVAV wmNUmulww'm+wAVVI'wMdmAdmmMmAVrlululAGliminlmdlGVweul'AGGiwmncmvvallmlu�uaullaGlm>aoumHAa li!rnununllAVloumsvorrMNOSUmatiwmeHlevlulmun\muGalrruxvllrcascwM1luxv\ml!mG,mIMIMV! nuuum rcttumrc,vwmlAmvuM1mndwwrmirm§ Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 w1w .sc cwi u ,! alai a�rw�an� a. i a a ma�.� :a �� a a i au7ro �gint-a e:a i,a ml.us (,'ommunity Development Department Page 2 Since the adoption of the revised farmland preservation ordinance, the towns have been using their statutorily required one-year window to decide whether to readopt county zoning and revise their zoning maps accordingly. Staff has attended 45 meetings with Clerks, Plan Commissions, and/or Town Board meetings regarding the comprehensive revision process. These town meetings have included extensive resident outreach and input between the months of November 2013 and July 2014. The official Public Hearing on the county-wide revised amended zoning maps took place on July 17, 2014. The abbreviated timeline is shown below for your convenience. II ............. a "0. 10M ............. .... ... ......... The draft ordinance establishes consistency with the following 12® Comprehensive Plan Policies: Volume 1-7: Agriculture/Farmland Preservation 1. 1.12: Amend zoning ordinance to allow residential densities of I unit/40 acres and 1 unit/20 acres 2. 2.11: Amend zoning ordinance to establish multiple AG zoning districts to accommodate diverse agricultural activities and related businesses. 3. 2.10: Ag uses should include a broad range of activities such as livestock & crop production, plant nurseries, tree farms, orchards, community-supported agriculture, hobby farms, organic production, vineyard, bio-energy production and all other alternatives. 4. 3.15: Ag-related commercial and industrial development should be compatible with adjacent land uses and located on non-productive soils. Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 WWW'5CCWi'ij�Add CO.Saint croixwi'us Community Developmeni Department Page 3 IIf1IlIIIVIRlY1mHIttttINMOdlIIt0IIt4xNAI11p111rtltttfIIINNrtPoAA14p\NI1Ip101NPNAIIF111YUp1IM0@III4RWMIh69NG11\RIB(P91ilIIdIIIIp1 U1N11I11YN114Y10I1109 111111NImIVN1161111h1 011111161MIPAMI11I111Y1XImIVWMPPItNIlIl01IIBA011YMIAdNtlIIIm011WIPx'AAIII101A1NAIIh4N1IAIWNIf11N➢t M1IWAXM1IIImIrtnINIIIIM0111@ 11 1R0@ IIfII1V1A1➢IO114tt0ANWlIIPIIl01NI1tIYdtYMMIIWAg,MIt6IPInmA111pI1IBWNl6\YNRId@ NM'M9INIIPfitlltiVllEAlYN11f11{IWMW+aUpl(f VfA366'NIIMIG(9hlQ(M1IVd'T1 WJ,rivS4INIlP/INhV1141111411M!�tlIWmWAN1;NIAYXNIN11Ik1NVal Volume 1-6: Economic Development . 4.1 The primary focus for economic development in rural portions of the county will be the support of agriculture, agricultural-related businesses, and cottage industries. Key ordinance changes inclu Detailed purpose statements have been revised and created to establish parameters for the districts. The statements include policy goals and objectives for the districts, reference to the types and nature of permitted and conditional uses (currently known as special exceptions), as well as their characteristics and potential impacts. The purpose statements provide a context for the districts that can be used to gauge proposed agricultural, agricultural accessory, and agricultural-related uses. All new and revised definitions within State Statute Chapter 91 and those added by staff have been incorporated into the definitions in Section 17.09 of the St. Croix County Zoning Ordinance. New definitions such as: Agricultural Accessory Use and Agriculture-Related Use are broad new use categories as defined in State Farmland Preservation Law. Ag accessory uses include farm related activities and businesses. Ag-related uses represent more intensive commercial Ag uses found within the AG-2 zoning district. Removed all references to the term "Special Exception" and replaced with "Conditional Use" in all parts of the Code of Ordinances. While the two terms can be used interchangeable, the term "special" is often times considered a unique or rare circumstance which is not the intent of the existing definition. "Conditional Use" is the term used universally indicating the use itself would not be appropriate generally, however, if appropriate conditions are imposed on the use it would not be detrimental to the public health, safety or general welfare. ® Model ordinance provided rules and structure for placement of specific uses as Permitted vs. Conditional Uses. (yodel ordinance can be located at: Greater flexibility and latitude for permitted agricultural accessory uses. Limited processing of agricultural goods will now be allowed on a farm. Some permitted uses will no longer be listed: limited commercial recreational activities, contractor's storage yard, and farm consolidation language. While not specifically listed, many uses can still be accommodated through our defined Agricultural Accessory uses and removal of 35 acre minimum lot size. Introduction and allowance of the Agricultural Accessory Use, Agricultural Entertainment (known to some as Aritourism), on a farm. Some activities will require a Conditional Use permit depending on scale and impact. o Agricultural Entertainment. A farm based enterprise, or business that combines the elements and characteristics of agriculture and tourism. Agricultural Entertainment includes a wide array of farm and farm-related activities, including outdoor recreation (nature based tourism, fishing, hunting, wildlife study, horseback riding); educational ri nces (day camps, hands-on chores, cannery tours, cooking classes, wine tasting, on-farm museums); entertainment (harvest festivals, barn dances, "petting"farms); and hospitality services (weddings, overnight farm or ranch stays, guided tours, on-farm direct sales, "'pick-your-own" operations, roadside stands, and farmers markets). ® For activities planned for or anticipated to have attendance of more than 100 persons during a 24 hour period, an event plan is necessary. This plan will need to adequately address parking, proposed days and hours of operation, ingress and egress permits as determined by appropriate road jurisdiction, sanitation, sinae, solid waste management, and other public safety issues, and shall be filed and approved with a land use permit from the zoning administrator. wmtiuumuomm^aur�u4mUmwviorunvunwssw�mnonWeiorao�;�!uAUUUwusrmmtivmmAOuurenommiwssuarmw�vurtiormxvrAmvmiroxiainnwomumuu�:oomnnsi!�mi�ummmwwanimawau!�maim�wawo.mvsuunu�imvuiwmnudm�sw•niureuimwm�sumvomuvr¢wuirmmimwr¢wmaunNvuumumtivNAVernmra9rnaacirwour!mueuausNmioomaowwuNmNmnimwovsuaNUmsioiivmswcnuauoaauwiwrmunrra Phone 715.. 86.4680 Government Center, 1101 Carmichael Road, Hudson, W1 54016 Fax 715.. 86.4686 mfaW.1.Sccwi,u i cild fl uo vr. �� r6tc tPN t,in l YM Community evela ae t Department P tt e •ureuiumcuunumvwamRwwlwuumurw,irouorvwiwwmvwuuuuumurimmua�muimuu;mwmwumumwnnwmwinmianmumumommvrauw,pumwnmuos�wmarwiwwwuwaawni�wmiummmmuuumamumrvonmionmmwuumiuomimuinmGmuumtimmsiowuuuoGwiGwimnuamvietiwvro�nnwiwumuaysouumm;uoivauimu�uioi¢uww�!www,uwuwuau,riawn.ommmwmrvrauwirvmn.iumuuin!n�viiAUawmumarmnim�mumuwuuuwueurmstiunwrvrrnuwramuua A new section has been added for Standards for Conditional Uses in both the AG-1 and AG-2 districts. These standards will provide staff and the Board of Adjustment with more guidance and oversight on specific proposed uses and structures. • Large non-agricultural land users such as: golf courses, junkyards, and new commercial kennels, are no longer allowed within the state-certified Agricultural districts. • Removal of 35 acre minimum lot size. New districts based on densities of one (1) farm residence per quarter-quarter in the AG-1 District and two (2) farm residences per quarter- quarter in the AG-2 District. Minimum 3 acre lot size, meeting County and Town subdivision requirements. • There are no land-use changes proposed for the existing Agricultural-Residential District (Ag- Res). The only significant change is a name change from "Agricultural-Residential"to"Rural Residential"to better align with the development of rural, large-lot residential subdivisions located within the unincorporated Ag-Res zoned areas of the county. A second comprehensive revision, beginning in 2014, will have more significant changes to the Ag-Res District. When the time comes to start that revision, the County will actively seek out Town and public input. • If your interested Town is either not eligible for Farmland Preservation Zoning, or decides not to participate in Farmland Preservation Zoning, all lands currently zoned Exclusive Ag or Agriculture-II would become Rural Residential (currently known as Agricultural Residential, or Ag-Res). Eligible lands are still able to petition the state for an Agricultural Enterprise Area (AEA) regardless of the Town's decision to adopt Farmland Preservation Zoning. • No major subdivisions allowed in the certified Farmland Preservation Zoning Districts. • All Rezonings and Conditional Use (currently known as Special Exception) permits need to be reported annually to DATC . • Every 10 years the County will need to seek recertification of its Farmland Preservation Plan and corresponding Zoning Maps. • Rezoning standards within Section 17.70 Administration and Enforcement have been amended to meet state statute. Please feel free to contact Amanda Engesether, Senior Planner, for any questions regarding the ordinance, process, or application for proposed certification. She can be reached at 715-386-4672, rn andal e:rgaether rra.,saunt:..,c..iroii a mj , or Community Development Department, 1101 Carmichael Road, Hudson, WI 54016. We thank you in advance for reviewing our ordinance for certification. Sincerely, Ellen Denzer 4 Community Development Director mwmnKuximouimuuii!rim.�wiooaw^imwniunummweimmmoomNOmoimmmnmuouwH;wamurtommimui�noruoeoiinienwimirutiw.auuw.vwuiumiavwwsssuwnwaiimwWUimH mwawevrsreaw�wemiuwwemmno�rmumwMawwuwu�artsumeuu�iaw�mimimiouu�unuiaiwuumvmw�rv:rimuowoio�W,oimoio,�awoanuomu!uwaunnw,n�uwrrmwumrmuiwru��umrrvanMir�wiwrerci!ivauwaaawnmwu�uummuem Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 ,Oyke,TR A&e, State of Wisconsin Governor Scott Walker ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Department of Agriculture, Trade and Consumer Protection co Ben Brancel, Secretary DATE: September 15, 2014 TO: Amanda Engesether, Senior Planner FROM: Scott Karel, Land Management Section SUBJECT: St. Croix County Farmland Preservation Zoning Ordinance Thank you for submitting the St. Croix County Farmland Preservation Zoning Ordinance for certification. We have reviewed the ordinance for compliance with Chapter 91 requirements and have identified a number of issues listed below. Please note, the comments contained in this letter regard only the ordinance's certification under the requirements of Chapter 91. Certifying an ordinance under Chapter 91 does not also certify that the ordinance is compliant with Livestock Siting under s. 93.90, Stats., or ch. ACTP 51, Wis. Adm. Code. When submitting the revised ordinance, please date the text and the map to reflect that the materials have been changed since their initial submission. Should you have any questions, please feel free to contact me at 608- 224-4604. TEXT 1. 17.09: Please define the term "contiguous." See Admin rule ATCP 49.01(6). 2. 17.11: This list of districts is missing the AED Overlay District. The Agricultural District must be split into the two districts now covered under the ordinance: A-I Agricultural District and A-2 Agricultural District. 3. 17.14 B.1.: Agricultural Uses include all sized livestock operations. The ordinance must exempt from this section the livestock operations it wishes to regulate as a conditional use. 4. 17.14 B.3.: The ordinance defines the term "the effective date of this chapter" in 17.07 to be either 1/1/68 or 11/15/74 (depending on specific criteria). If the County wants specifically one of those dates by which the residence must have existed, then they should specify that date in 17.14 B. 3. If the County wishes to allow"newer" residences to be grandfathered in as permitted uses, then the ordinance must use January 1, 2014. 5. 17.14 B.5.: This use is already covered under 17.14 B.2. If the County would like to list it separately under 17.14 B.2 it must meet s. 91.01(1). 6. 17.14 B.6.: This use is already covered under 17.14 B.2. If the County would like list it separately under 17.14 B.2 it must meet s. 91.01(1). 7. 17.14 B.6: Delete "Chapter 91 standards" and insert s. 91.01(1). 8. 17.14 B.8.: This use is already covered under 17.14 B.2. If the County would like to list it separately under 17.14 B.2 it must meet s. 91.01(1). 9. 17.14 C.1.: The cross reference should be to 17.09 (7), not(6). Agriculture generates$59 billion for Wisconsin 2811 Agriculture Drive • PO Box 8911 • Madison,Wl 53708-8911 • 608-224-5012 • Wisconsin.gov An equal opportunity employer 10. 17.14 CA.: This must meet the requirements of s. 91.46(5). 11. 17.14 C.S.: This use needs to meet the requirements of s. 91.46(4). 12. 17.14 F.S.: This needs to be cited differently, there is no 17.70(h)(3)in the ordinance. 13. 17.145 C.7.: This is missing the requirement of s. 91.46(6)(e). 14. 17.145 C.B.: This needs clarification about the type of airstrip that is being regulated. If they are found on a farm they must qualify as an accessory use under s. 91.01(1). If they are not on a farm they must either be an agricultural related use or conditional transportation use under s. 91.4(1)(f) and also meet s. 91.46(4). 15. 17.145F.5: See comment 412. 16. 17.21: Please state that these developments are not allowed in the certified districts. 17. 17.70 (4)(a)(4): This section may not comply with s. 59.69(10m). Please consult with the St. Croix County corporation counsel to ensure that the ordinance is meeting the statutory requirements. 18. 17.72 (2)(h)(2): This is missing the rezone reporting requirements found in s. 91.48(2) and(3). 19. 17.85 (2)(b)(2): This use needs to meet the requirements of s. 91.46(4). GIS Data 1. The GIS data is not projected correctly. Please see the application instructions for the correct projections or contact me if you have any questions. 2. The GIS data shows towns not under county zoning that contain the A-1 or A-2 districts. When submitting the revised data,please only submit for those towns under county zoning that the county wishes to have certified. 3. There are several parcels that are zoned for Farmland Preservation which are not planned for Farmland preservation. Only lands that have been planned for FP may be zoned for FP. I have included several maps which identify these parcels. In the maps any parcel that is filled with the color yellow is land that is zoned for farmland preservation but not also planned for farmland preservation. 4. Please put the map producer and contact information in the metadata. 5. There are zoning classes titled "RFETZAGRE" and"COMMIND" mapped in the GIS data which are not found on the PDF map. Please either include the classes in the PDF map legend or remove them from the GIS data. PDF MAP 1. The Restrict Commercial and Adult Entertainment Overlay Districts should be represented on the map regardless if the areas are currently utilized. Also the names must match exactly, for example Residential District is not the same as a Residence District. 2. The map should have a bar scale. There is also no symbol for roads in the map legend. ST. C RQeL a Land Use "; , UNTY trratzorl Isrr ¢rg Land In 1-1 r � Resource Manar1emeni Community Development 12/19/2014 Scott Karel Environmental Analysis & Review Specialist Land Management Section 2811 Agriculture Drive Madison, WI 53708 Scott Karel, This letter is in response to the certification requirements listed in your letter dated September 15, 2014. All of the following comments have been reviewed and corrected as seen fit by our St. Croix County Corporation Counsel. I will follow your numerically organized text comments in an effort to address all your mentioned concerns regarding the zoning ordinance. Text: 1. The term contiguous has been added to our definitions in §17.09 per Admin rule ATOP 49.01(6). 2. The list of districts (17.11) has been updated to include both AG-1 and AG-2 as well as clarify those districts designated as Overlay Districts. 3. St. Croix County recently updated and reviewed our livestock operations and will continue to allow them as a permitted use vs. a conditional use. 4. 17.14(B)(3) has been amended by inserting the Januaiy 1, 2014 date and deleting the previous, "effective date of this chapter." I amended 17.14(B)(4) to read the same. 5. 17.14(B)(5)-The county will continue to list the agricultural accessory separately and therefore has inserted the required s. 91.01(1) language. 6. 17.14(B)(6)- The county will continue to list the agricultural accessory separately and therefore has inserted the required s. 91.01(1) language. 7. 17.14(6)(7)-"Chapter 91 standards"has been deleted and replaced with s. 91.01(1). 8. 17.14(B)(8)- The county will continue to list the agricultural accessory separately and therefore has inserted the required s. 91.01(1) language. 9. The cross reference is no longer needed per Corporation Counsel revisions. 10. Your areas of concern highlighted in numbers 10 and 11 have all been amended to clarify that all the following conditional uses are allowed in the districts as conditional uses subject to the standards of§§ 17.14(D) and 17.145(D). Sections 17.14(D) and 17.145(D) list those requirements of s. 91.46(5) and 91.46(4). 12. 17.14(F)(5) has been cited correctly with 17.72(2)(h)(4). 13.The language from 91.46(6)(e) has been added to 17.145(C)(7). 14. Language has been added to clarify the intent of 17.145(C)(8). See also the insertion of 17.145(C)(2)(c) and 17.145(C)(3)(i) The correction to 17.145(C) states they must meet 17.145(D) which includes the standards of 91.46(4). 15. 17.145(F)(5) has been cited correctly with 17.72(2)(h)(4). 16. 17.21(1)(a) has been amended to state that these conservation designed developments are not allowed in the state certified agricultural districts. imwumi uuu��u�u ��muouuouuuououuuuuuumoiwm� iwwimuu�uuumuumuumi imuuwu�iuniwruuoiMumtwmmmmra�uiwwww�uwimi uu wrwiawnn n�urimw Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 wvva�_✓es.CCWi,_ctis o c1a Wvvanr. cx e- 0 co r r s t roixco r r?(yjn cc c @ c.LLs sn .:w rcri c.v .r GaprremunitY Development Department Page 17. Our Corporation Counsel has reviewed 17.70(4)(a)(4) has been revised in order to be compliant with s. 59.69(10m). 18. An amendment was added, 17.72(2)(h)(3), to incorporate the missing reporting requirements from s. 91.48(2). 19. 17.85(2)(b)(2) has been amended to include the requirement of s. 91.46(4) for those areas within the certified AG-1 &AG-2 districts. All comments related to the GIS Data and PDF map have been corrected, mapped accordingly, and uploaded to your ftp site. Please note you will not find any restricted commercial or adult entertainment overlay districts as they do not exist within the certified zoning districts, towns, or submitted data. If you have further questions regarding text amendments, the data set or pdf maps, please do not hesitate to contact me directly at 715-386-4672 or Amanda q g.QLQther(d!co.saint- croix.wi.us. Most Sincerely, Amanda Engesether Senior Planner Attachments: Revised Chapter 17, Subchapters I, II, VII, and VIII CC: Scott Cox, Corporation Counsel mmmuwmmumuoimuuuuuummmuommummuwuwmmum'u� w wwmmm@mmw mnmrmm'fwummwmmuwuumwimiwwwmwuum iuuwumnwu mmwmui mwwwwmiiusamimwura�m Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686 _www.sccwi.us c:dd � ww ��?ir,comf_.s i cc c co.saint-croixwi.us State of Wisconsin Governor Scott Walker Department of Agriculture, Trade and Consumer Protection rs�ON Pen Brancel, Secretary Deccniiber 30, 2014 Amanda Engesether, Senior Planner Community Development Departnnent 1101 Carmichael load Hudson, WI 54016 Dear Amanda: Re: Certification of St. {Croix County's Farmhand.Preservation Zoning Ordinance Attached is a department order certifying St. Croix County's Farmland Preservation Zoning Ordinance under s. 91.16, Wis. Stats. Please send a letter or resolution confirming County Board adoption of the ordinance. We look forward to working with you in the future on farmland preservation in St. Croix County. If you have any questions, feel free to contact nee. Sincerely, L— VtL Alison Volk, Chief Land Management. Section 608-224-4634 Agriculture generates x$88 billion for Wisconsin 2811 agriculture Drive * PO Pox 8911 . Madison,Wl 53708-8911 * Wisconsin.8ov An equal opportunity employer STATE OF WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION ST. CROIX COUNTY FARMLAND PRESERVATION ZONING DARM Docket No. J.09-00000-0-141'-1214 ORDINANCE (TEXT AND MAP). ORDER CERTIFYING ORDINANCE I THROUGH DECEMBER 31, 2024 INTRODUCTION St. Croix County has asked the Department of Agriculture, Trade and Consumer Protection ("DATCP")to certify a proposed revision of the county's currently certified farinland preservation ordinance text, pursuant to s. 91.36, Wis. Stats, DATCP has considered the request and adopts the following decision: FINDINGS OF FACT (1) DATCP is an agency of the State of Wisconsin, and is responsible for administering Wisconsin's farmland preservation law under ch. 91, Wis. Stats,, as repealed and recreated by 2009 Wis. Act 28 ("new law"). (2) St. Croix County is a county in the State of Wisconsin, St. Croix County is a political subdivision that is authorized to adopt a farmland preservation zoning ordinance under s. 91.30, Wis. Stats. (3) Under s. 91.36, Wis. Stats., DATCP may certify a.farmland preservation zoning ordinance or ordinance amendment for compliance with statutory standards. Certification allows farmers covered by the ordinance to claim farmland preservation tax credits under subch. IX of ch. 71, Wis. Stats. (4) A political subdivision may ask DATCP to certify a farmland preservation zoning ordinance or ordinance amendment. The political subdivision must submit an application under s. 91.40, Wis, Stats, As part of the application,the political subdivision must certify that the ordinance or amendment meets applicable statutory standards under s, 91.38, Wis. Stats. Among other things, the ordinance or amendment must be consistent with the county's certified farmland preservation plan. (5) DATCP may certify a farmland preservation zoning ordinance or amendment if the ordinance or amendment meets applicable statutory standards under s. 91.38, Wis. Stats. DATCP may certify based on the representations contained in the political subdivision's application, but DATCP may conduct its own review and verification as it deems appropriate. (6) DATCP may make its certification contingent upon the political subdivision's adoption of the certified ordinance or amendment, in the form certified. DATCP may also withdraw its certification at any time if, as a result of subsequent changes to the ordinance or the county's certified farmland preservation plan, the ordinance no longer meets minimum certification standards under s. 91.38, Wis, Stats. I (7) St. Croix County has a certified farmland preservation zoning ordinance. The ordinance expires December 31, 2014. (8) St. Croix County has a certified farmland preservation plan. This plan is currently certified through December 31, 2022. (9) On August 12, 2014, DATCP received an application from St. Croix County, in which the county asked DATCP to certify the county's farmland preservation ordinance. St. Croix County submitted the application in the fon-n required under s. 91.40, Wis. Slats. The application included the representations required under ss. 91.40(3) and (4), Wis. Stats, (10) On August 18, 2014, DATCP confirmed by letter that St. Croix County's certification application was complete, and that DATCP would proceed to review the complete application. (11) DATCP may certify a farmland preservation ordinance for a period of time specified in the certification order. Certification of an ordinance may not exceed 10 years. See s, 91.36(2)(b), Wis. Stats. CONCLUSIONS OF LAW (1) Based on the representations made by the St. Croix County in its application for certification of a revised farmland preservation ordinance, DATCP concludes as follows: (a) The proposed St. Croix County farmland preservation ordinance, consisting of a proposed ordinance text dated December 22, 2014 and maps dated September 24, 2014, meet certification requirements under s. 91.38, Wis. Slats. (b) DATCP may certify the proposed ordinance pursuant to s. 91.36, Wis. Slats. (2) Pursuant to s. 91.36(2)(b), Wis. Slats., DATCP should certify the proposed ordinance through December 3,1, 2024. (3) Pursuant to s. 91.36(6), Wis. Stats., DATCP should certify the proposed ordinance contingent upon the St. Croix County adopting the ordinance, in the form certified, before June 30, 2015. (4) Pursuant to s. 91.36(7), Wis. Slats., the effective date of the certification should be the date on which the certified and adopted ordinance takes effect, ORDER NOW, TIIEPF-FOR-E, IT IS ORDERFD THAT: (1) The proposed St. Croix County farmland preservation ordinance, consisting of the proposed ordinance text dated Deceiriber 22, 2014 and maps dated September 24,2014 are hereby certified tinder s. 91.36, Wis. Slats, 2 (2) The certified farmland preservation zoning districts for St. Croix County are the AGA Agricultural District and the AG-2 Agricultural District. (3) This certification is contingent upon St. Croix County adopting the ordinance, in the form certified, before June 30, 2015. (4) This certification takes effect on the date on which the certified and adopted ordinance takes effect. (5) This certification expires at the end of the day on December 31, 2024. Dated this QLMay of 2014 STATE OF WISCONSIN, DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION By Bell Brancel, Secretary Parties for purposes of review under s, 227.53, Wis. Stars.: Village of St. Croix Copies to: Amanda Engesether St. Croix County Senior Planner 1101 Carmichael Road Hudson, WI 54016 3 i ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING Subchapter I General Provisions 17.01-17.08 Definitions 17.09 ST.CROIX COUNTY PLANNING AND ZONING DEPARTMENT GOVERNMENT CENTER 1101 CARMICHAEL ROAD HUDSON,W1 54016 715-386-4680 715-386-4686 FAX WWW.CO.SAINT-CROIX.WLUS UT01 Subtnffl:�d 12/22/14 2ag], i i Subsection Pate No. 17.01 Introduction and Declaration 17.0-1 17.02 Compliance 17.0-1 17.03 Interpretation 17.0-1 17.04 Severability 17.0-1 17.05 Abrogation and Greater Restrictions 17.0-1 17.06 Relationship to Town Ordinances and Powers 17.0-2 17.07 Effective Date 17.0-3 17.08 Determination of District Boundaries 17.0-3 17.09 Definitions 17.0-4 General Provisions Subchapter 117.01-17.08 SUBCHAPTERI GENERAL PROVISIONS 17.01 INTRODUCTION AND DECLARATION. (1)INTRODUCTION. This subchapter contains basic rules on how ordinances are to be interpreted. In addition to these general statements,which primarily repeat rules of legal interpretation established by the State Legislature or by the courts,the reader should consult §17.09 which contains definitions of terms found throughout the chapter. (2)DECLARATION. This chapter is enacted for the purpose of promoting the public health, safety and general welfare. 17.02 COMPLIANCE. (1) The use of any land or water, the size, shape and placement of lots, the use, size and locations of structures on lots, the installation and maintenance of water supply and waste disposal facilities, the filling, grading, lagooning and dredging and any land, the cutting of shoreland vegetation and the subdivision of lots, shall be in full compliance with the terms of this chapter and other applicable regulations. (2)Unless specifically exempted by law, all cities,villages, towns and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply when §13.48(13), Wis. Stats., applies. The construction,reconstruction, maintenance and repair of State highways and bridges by Wisconsin Department of Transportation are exempt when §30.12(4)(a),Wis. Stats., applies. 17.03 INTERPRETATION. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other powers granted by Wisconsin Statutes. 17.04 SEVERABIL,ITY. If any section, clause,provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. 17.05 ABROGATION AND GREATER RESTRICTIONS. (1) GENERAL SUPERSESSION. This chapter supersedes all inconsistent provisions of any County Zoning Ordinance enacted under§59.97,Wis. Stats. However,when an ordinance adopted under a statute other than §59.97 Wis. Stats.,is more restrictive than this chapter,that ordinance shall continue in full force and effect to the extent of the greater restriction,but not otherwise. (2)NONIMPAIRMENT OF DEEDS. It is not otherwise intended by this chapter to repeal, abrogate or impair any existing deed restrictions, easements, covenants or permits already issued or St. Croix County Zoning Ordinance 17.0-1 Subchapter 117.01-17.08 General Provisions ordinances, other than zoning, to the extent specified in sub. (1). However,where this chapter imposes greater restrictions,the provisions of this chapter shall prevail. (3)BUILDINGS UNDER CONSTRUCTION. Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building or structure or part thereof on which construction has started or a particular use has been commenced or for the construction of a building or structure or part thereof upon which a bona fide construction contract has been entered into before the effective date of this chapter. 17.06 RELATIONSHIP TO TOWN ORDINANCES AND POWERS. (1) The following chapters and subchapters of this chapter are exempted by State statute from modification or veto by any town board: (a) Subchapter III Section17.30 Shoreland Overlay Districts (b) Subchapter IILV Section 17.36 Lower St. Croix Riverway Overlay District (c) Subchapter IV Section 17.40 Floodplain Overlay District (2) The following subchapters of this chapter are exempted by State statute from modification or veto by any town board insofar as they apply to Shoreland and Floodplain areas as defined in this chapter: (a) Subchapter 117.01-17.08 General Provisions (b) Subchapter 117.09 Definitions (c) Subchapter V 17.55-17.57 Off-Street Parking (d) Subchapter VI Section 17.60 Road or Highway Setbacks, Access and Driveways (e) Subchapter VI Section 17.65 Sign Regulation (f) Subchapter VII 17.70-17.72 Administration and Enforcement (g) Subchapter VIII 17.80-17.90 Wireless Communication Service and Other Transmission Facilities (3) Town Boards have approval power under §59.97,Wis. Stats., overall parts of this chapter specified in subs. (1)or(2). (4) Town subdivision ordinances may be adopted and enforced despite inclusion of the town under the County subdivision ordinance. In the event of inconsistency between town and County subdivision codes, the most restrictive rule shall apply. General Provisions Subchapter 117.01-17.08 17.07 EFFECTIVE DATE. (1) GENERAL ZONING. The term "effective date of this chapter",when it appears in sections of the chapter which appeared in the like form in ordinances enacted by the County Board on November 14, 1967, effective January 1, 1968, shall refer to the January 1, 1968, effective date of such ordinances. When the term appears in this chapter in a section which was not part of the preexisting ordinance,it shall mean November 15, 1974,which is the effective date of all parts of this chapter which differ in substance from the 1967-1968 version. (2) SHORELAND-WETLAND OVERLAY DISTRICT. The effective date of the shoreland-wetland provisions of this chapter shall be August 9, 1983. (3) INLAND-WETLAND OVERLAY DISTRICT. The effective date of the inland-wetland provisions of this chapter shall be April 1, 2014. 17.08 DETERMINATION OF DISTRICT BOUNDARIES. The boundaries of the districts established by this chapter for general zoning are shown on the maps on file in the County Clerk's Office and the County Zoning Administrator's Office. The maps on file in the office of the County Zoning Administrator shall be the official version and shall control in any case where differences occur between it and other copies. All notations and references shown on the district maps are as much a part of this chapter as though specifically described herein. The Zoning Administrator shall periodically update all maps to reflect adopted changes. (1)When the district boundaries are either roads or streets,unless otherwise shown, and where the designation on the district map indicates that the various districts are bounded by a road or street line, the centerline of such road or street shall be the district boundary line. (2)Except where otherwise indicated on the map,it is intended that the district boundary line be measured at right angles to the nearest highway right-of-way line and be not less than 300'in depth. However,whenever a commercial district is indicated on the district map as a strip paralleling the highway, the depth of such strip,unless otherwise indicated, shall be 200' measured at right angles to the right-of-way line of the street or highway to which it is adjacent. The length of each strip shall be as shown on the map. When such commercial district is located at the intersection of streets or highways, the length shall be measured from the intersection of each street or highway right-of-way line included in such district. (3)For subdivided property,where not otherwise indicated and where the designations on the district map are approximately bounded by lot lines, such lot lines shall be construed to be the boundary of the district. Where district boundary lines are indicated as adjacent and parallel or approximately parallel to street lines, such district boundary lines shall be assumed to be the rear line of the lots abutting such streets. (4)For subdivided property,where not otherwise indicated, the district boundaries are property lines, section lines, quarter section lines, or quarter-quarter section lines. In unplatted areas of 10 acres or less,the district boundary lines,where not otherwise indicated, shall be determined by use of the scale shown on the district map. St. Croix County Zoning Ordinance 17.0-3 Subchapter I 17.09 Definitions 17.09 DEFINITIONS. This section contains brief definitions of key words and phrases used throughout this chapter. 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. 1. A Zones: Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. 2. Access and Viewing Corridor: A strip of vegetated land that allows safe pedestrian access to the shore through the vegetative buffer zone. 3. Accessory Building: A subordinate building or portion of the main building, the use of which is incidental to the permitted use of the main building. 4. 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). 5. 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. 6. Agricultural Accessory Building or Structure: Any building or structure that performs an incidental function in support of the primary agricultural use of property and which is customarily associated with the primary agricultural use of the property. Definitions Subchapter 117.09 7. Agricultural Accessory Use: A use that is incidental to and customarily associated with an agricultural use of property. To be deemed incidental, a use must not be the primary use of the property but is one that is minor in significance to the primary use and which has a reasonable relationship to the primary use. To be deemed customary, a use must be commonly and by long practice established as being reasonably associated with the primary agricultural use. Additionally, an accessory use, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm that requires no buildings, structures or improvements other than those defined as being Accessory Structures and that employs no more than 4 full-time employees annually and does not impair or limit the current or future agricultural use of the farm or of other protected farmland on which it is situated. This includes seasonal "you-pick" and road side stands. The uses defined within this section are solely applicable to state certified zoning districts, AG-land AG-2. 8. Agricultural Entertainment. A farm based enterprise or business that combines the elements and characteristics of agriculture and tourism. Agricultural Entertainment includes a wide array of farm and farm-related activities, including outdoor recreation (nature based tourism, fishing, hunting, wildlife study, horseback riding); educational experiences (day camps, hands-on chores, cannery tours, cooking classes, wine tasting, on- farm museums); entertainment (harvest festivals, barn dances, "petting" farms); and hospitality services (weddings, overnight farm or ranch stays, guided tours, on-farm direct sales, "pick-your-own" operations, roadside stands, and farmers markets. The uses defined within this section are solely applicable to state certified zoning districts, AG-land AG-2. 9. Agricultural Related Use: A facility, whether or not located on a farm, that has at least one of the following as a primary, and not merely incidental,purpose: (a)Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms, including farms in the farmland preservation zoning district. (b) Storing, processing or handling raw agricultural commodities obtained directly from farms, including farms in the farmland preservation zoning district. (c)Processing agricultural by- products or wastes received directly from farms, including farms in the farmland preservation district. The uses defined within this section are solely applicable to state certified zoning districts, AG-land AG-2. 10. Agricultural Use: Any of the following activities conducted for the purpose of an income or livelihood: crop or forage production, keeping livestock, beekeeping, wholesale nursery, sod or Christmas Tree production, floriculture, aquaculture, fur farming, forest management, or enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program. 11. Agriculture Products Processing: A facility used for the cooking, dehydrating, refining, bottling, canning, or other treatment of agricultural products which changes the naturally grown product for consumer use. Does not include slaughterhouses, animal reduction yards, tallow works or rendering plants. May include warehousing and packaging as secondary uses. Warehousing may include controlled atmosphere and cold storage of processed and/or packaged agricultural products. Packaging may include washing, sorting, crating and other functional operations such as drying, field crushing or other preparation in which the agricultural product remains essentially unaltered. St. Croix County Zoning Ordinance 17.0-5 Subchapter I 17.09 Definitions 12. Animal Unit: As defined in Wisconsin Administrative Code Chapter NR 243. 13. Animal Waste: Manure, milking center waste and other organic waste generated by livestock, farm animals, or any number combination of animal units or portion thereof. It includes animal bedding, water, soil, hair, feathers, and other debris that becomes intermingled with animal excreta in normal waste handling operations. 14. Animal Waste Storage Facility: One or more animal waste storage structures used for temporary 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 purpose 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. 15. Animal Waste Storage Structure: A waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. It 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. 16. Animal Waste Utilization: The application of animal waste on suitable land in a manner which will achieve compliance with livestock performance standards and prohibitions established in Wisconsin Administrative Code Chapter NR151, NRCS Conservation Practice Standard Code 590 and meet other designated water quality objectives. Land suitable for animal waste utilization excludes wetlands or lands below the OHWM, closed depressions, slopes in excess of 25% and other areas that may be determined as sensitive and adversely affecting surface water or groundwater quality. 17. 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). 18. Applicant: Any person who applies for a permit under this chapter. 19. Automotive Service, Repair, & Towing: Repairs, incidental body and fender work, replacement of parts and motor services, towing and steam cleaning to passenger automobiles and trucks not exceeding 12,000 pounds gross weight. 20. Base Flood: A flood having a one percent chance of being equaled or exceeded in any given year. (See also Regional Flood) 21. Base Flood Elevation: An elevation equal to that which reflects the height of the base flood as defined above. 22. Basement: Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides. If occupied for living purposes shall be counted as a story. 23. Base Zoning District: The underlying zoning district as outlined in Subchapter 11, §17.11 of this ordinance. Definitions Subchapter 117.09 24. Bed and Breakfast: A place of lodging that meets the definition and standards found in Wisconsin Statutes §254.61. 25. Bedrock: The solid rock that underlies the soil and other unconsolidated material or that is exposed at the surface. 26. Best Management Practices (BMPs): Practices and industry standards designed to minimize environmental damage. 27. Bluffline: A line along the top of the slope preservation zone. There can be more than one bluffline. 28. Board Of Adjustment: The St. Croix County Board of Adjustment. 29. Boarding House: A building other than a hotel where meals or lodging and meals are furnished for compensation for 3 or more persons not members of a family, not open to transients, in contradistinction to hotels and restaurants. 30. Boathouse: A building or portion thereof used for the housing or care of boats and other associated marine equipment for noncommercial purposes and not permitted to be used for human habitation. 31. Building: A structure used, designed or intended for the protection, shelter, enclosure or support of person, animals or property. When a building is divided into separate parts by a division wall without openings, extending from the ground up, each part shall be deemed a separate building. 32. Building Envelope: The three-dimensional space within which a structure is built. 33. 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. 34. Bulkhead Line: A geographic line along a reach of navigable water that has been adopted by this ordinance and approved by the WI DNR pursuant to § 30.11, Wis. Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance. 35. Camouflage Design: A wireless communication service facility that is disguised, hidden or screened, but remains recognizable as a tower or antenna. 36. Campground: Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. 37. Camping Unit: Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping or travel trailer, motor home, bus, van,pick-up truck, tent or other mobile recreational vehicle. 38. Centerline: A line connecting the points on highways from which setback distances shall be measured, at any point on the highway. 39. Certificate Of Compliance: A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. St. Croix County Zoning Ordinance 17.0-7 Subchapter I 17.09 Definitions 40. Channel: A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. 41. Club: An association of persons for some common purpose, but not including any groups organized primarily to render a service which is customarily carried on as a business. 42. Cluster Subdivision: A subdivision in which the lot sizes are reduced below those normally required in the zoning district in which the development is located, in return for the provision of permanent undeveloped land. 43. Commercial: Open to the public for a fee or operated with the intention of making a profit. 44. Commercial Speech: Any sign wording, logo or other representation advertising a business,profession, commodity, service or entertainment for business purposes. 45. Committee: The St. Croix County Comprehensive Parks, Planning, and Zoning Committees. 46. Compliant Building Location: An area on a lot where a building could be located in compliance with all applicable ordinance requirements. 47. Conditional Use: A use that would not be appropriate generally or without restriction throughout the zoning district but would not be detrimental to the public health, safety or general welfare if appropriate conditions are imposed on the use. 48. Connecting Streets: Streets of cities and villages that connect State trunk highways as defined in §84.92(11), Wis. Stats. 49. 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. 50. Construction Contractor: General contractors and operating builders engaged in the construction of residential, farm, industrial, commercial and/or other buildings. General building contractors who combine a special trade with the contracting are included. Construction Permit: A written document issued by the Code Administrator authorizing design, location, enlargement, construction and/or reconstruction of an animal waste storage facility or part thereof. 51;52. Contjggq!�: A(Ijacent to or...sillannn g a n,o,ninior....bo ur(jar.y,. .. Contractor's Storage Yard: The outdoor portion of a lot or parcel, where a construction or service contractor maintains a permanent business office, that is used to store and maintain construction or service equipment and other materials customarily used by the construction or service contractor. If permitted to be used in this manner, the entire lot or parcel would then be classified as a contractor's storage yard and will be required to conform to all applicable zoning district standards and regulations. Convenience Store: A facility associated with the sale of gasoline products that also offers for sale prepackaged food items and consumer goods,primarily for self-service by the consumer. Hot beverages, fountain-type beverages and pastries may be included in the food items offered for sale. Definitions Subchapter 117.09 Crawlways Or Crawl Space: An enclosed area below the first usable floor of a building, generally less than five(5) feet in height, used for limited access to plumbing and electrical utilities. Deck: An unenclosed exterior structure that has no roof or sides but has a permeable floor that allows the infiltration of precipitation. Department: The Department of Natural Resources. Development: Any artificial change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. Diameter at Breast Height(DBH): The width of a tree as measured at 4.5 feet above the ground surface. i�i® Disabled: Having a physical or mental impairment that substantially limits one or more major life activities. District: Parcels or sections of St. Croix County, Wisconsin, for which the regulations governing the use of land and buildings are uniform. 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. 62;1"611"13"1"1.1"Ill""I",Drainage System: One or more artificial ditches tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge. ;1111 Dryland Access: A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. Dwelling,Multiple: A building or portions thereof designed for and used by more than 2 families. Classification of a residential structure shall be determined by its present or projected occupancy and design and not by the characteristics of ownership and tenancy such as condominium arrangements. Dwelling,One Family: A detached building designed for or occupied exclusively by one family. Dwelling,Two Family: A detached or semidetached building designed for and occupied exclusively by 2 families. .. g® Earth-tone: Colors that harmonize with the natural surroundings on the site during leaf on conditions. St. Croix County Zoning Ordinance 17.0-9 Subchapter I 17.09 Definitions 8 Encroachment: Any fill, structure, equipment, building, use, accessory use or development in the floodway. 7f�il® Expansion: An addition to an existing structure regardless of whether the addition is vertical or horizontal or both. Family: The body of persons who live together in one dwelling unit as a single housekeeping entity. Farm: All contiguous land under common ownership that is over 50% devoted to agricultural use per the St. Croix County's tax assessment records. 7112®7u® Farm Animals: Dairy cattle, beef cattle, swine, sheep, horses, ducks, chickens, turkeys and animals or fowl of similar character and customarily maintained in a large parcel setting for food, recreational, breeding, zoological or similar purposes. Farm Residence: A single family residence that is the only residential structure on the farm. Farmland, Prime: Land identified within the county's certified farmland preservation plan as having Land Evaluation Scores (LESA) greater than 66 points. Farmland,Protected: Lands that are considered to be any of the following: located in a farmland preservation zoning district as certified under ch. 91, Wis. Stats, covered by a farmland preservation agreement under ch. 91, Wis. Stats, covered by an agricultural conservation easement under s. 93.73, Wis. Stats, or otherwise legally protected from nonagricultural development. .7.6.;77® Federal Emergency Management Agency (FEMA): The federal agency that administers the National Flood Insurance Program. 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. 7 Flag: Any fabric, bunting or other flexible material that contains one or more colors patterns symbols or words. 7 i „��li® ....Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: 1. The overflow or rise of inland waters, 2. The rapid accumulation or runoff of surface waters from any source, 3. The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm or other unanticipated force of nature. Flood Frequency: The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent (%) chance of occurring in any given year. Floodfringe: That portion of the floodplain outside of the floodway, which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. Definitions Subchapter 117.09 Flood Hazard Boundary Map: A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP)until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. Flood Insurance Rate Map (FIRM): A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. Flood Insurance Study: A technical engineering examination evaluation and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. Floodplain: Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes. Flood Profile: A graph or a longitudinal line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. Floodproofing: Any combination of structural provisions changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. Flood Protection Elevation: An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see Freeboard). l�i® Flood Storage: Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. Floodway: The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. Floor Area: The area within the exterior wall lines of a building,provided that the floor area of a dwelling shall not include space not usable for living quarters, such as attics, basements or utility rooms, garages, breezeways, unenclosed porches or terraces. 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. Forest Products Processing: A facility used for the dry processes of chipping, grinding, sawing,planning of cut trees, which changes them for consumer use. This use does not include any wet processing such as paper manufacturing. May include warehousing and packaging as secondary uses. St. Croix County Zoning Ordinance 17.0-11 Subchapter I 17.09 Definitions '4.®PI'S® Foundation: The underlying base of a building or other structure including but not limited to pillars, footings, and concrete and masonry walls. Freeboard: A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. '7® Frontage: All the property abutting on one side of a road or street between 2 intersecting roads or streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street. 8® Frontage,Reversed: When the rear lot line of a corner lot coincides with part or all of the side lot lines of another lot in the same block, reversed frontage exists. ® Game Management or Fur Farm: A commercial operation raising and harvesting wild game and fur producing animals for meat and/or fur, including such animals as deer, elk, mink and chinchilla. io. Garage,Private: An accessory building or space for storage only of not more than 3 private motor driven vehicles. Garage,Public: A building or portion thereof used for the housing or care of motor vehicles for the general public or where any such vehicles are equipped or repaired for remuneration or kept for hire or sale. 1011 Garden Center: A place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, nursery products and stock,potting soil, hardware,power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils. pi 112®,j„„�„„ �ill5® Ground Cover: Small plants such as mosses, forbs, ferns, grasses, and i..�,.5 undershrubs growing on a forest floor. Groundwater: Any of the waters of the state as defined in Wisconsin Statutes §281.01(18), occurring in a saturated subsurface geological formation of rock or soil. Group Day Care: A facility licensed as a day care center by the State Department of Health and Social Services under Wisconsin Statutes § 48.65 where a person or persons provide group care. It includes preschools and nursery schools. :�..(.pig.S..®111"11"""��,�I!l"��111.""""'ll""I'll""I"ll""I'll'll""I'll""I'll",'ll”" Habitable Structure: Any structure or portion thereof used or designed for occupation by humans for the purpose of cooking, eating, sleeping, recreation and general living periods. Heavy Industry: A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage of or manufacturing processes using toxic, corrosive, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions, such as smoke, noise, soot, dirt, vibration, odor, etc. Definitions Subchapter 117.09 1017;108. High Flood Damage Potential: Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. Historic Structure: Any structure that is either: 1. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register, 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district, 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. ail® Home Occupation: A gainful occupation conducted by members of the family only within their place of residence, such as handicrafts, dressmaking, millinery, laundering,preserving and home cooking. 11 Horse Production, Commercial: Training, riding, boarding and breeding horses for profit 11 i®11 Hotel or Motel: A building or group of buildings containing rooms which are offered for compensation for the temporary accommodations of transients and where there is no permanent occupancy of any unit except by the owner, his agent or employees. i 12®ID]l a Household Pets: Animals commonly found in residence as pets, such as dogs, cats, birds, and other small animals,provided that they are not raised or reared for commercial resale. Impervious Surface: Any land cover that prevents rain or melting snow from soaking into the ground, such as roofs including overhangs, roads, sidewalks,patios, driveways and parking lots, including gravel surfaces. 114d 15. Increase In Regional Flood Height: A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. 115d 16. Indoor Maintenance and Repair of Goods and Equipment: A use inside a building including repair and service of small engines or small motors such as lawn mowers, washing machines, sewing machines,jet ski, four wheelers and small equipment such as guns, chain saws, shoes, etc. 116d 17. Inland Wetlands: Wetlands one acre or greater in size located throughout unincorporated St. Croix County that are not within a shoreland. St. Croix County Zoning Ordinance 17.0-13 Subchapter I 17.09 Definitions 117;118. Indoor Recreation Facility: A use inside a building used for recreation, including but not limited to tennis, racquet ball, driving ranges, curling, dance schools, ice arenas, shooting ranges, pool hall, and health club. i ID 5®ID iI Institutional: A use including but not limited to government building, library and public,private or charter school. i ID 7®17f�ii ,,Junction: The point upon which 2 highway centerlines, as herein established, or a highway centerline and the centerline or a railway right-of--way meet. Junk: Items materials or products that are no longer usable as originally intended and/or though capable of being converted to another use are not actually still being used. A motor vehicle is junk for purposes of this chapter if it meets any of the following criteria: (a) It is not currently registered. (b) It is not capable of operation,lawful or otherwise, on public highways of Wisconsin and remain in that condition for more than 10 days after receipt of a registered or certified letter from the Zoning Administrator notifying the owner, occupant or custodian of the premises of the violation. (c) No automobile licensable as an antique or special interest vehicle under §341.265, and §341.266 Wis. Stats., or any parts car thereof shall be considered junk,provided such vehicle is stored as required by §341.266(4),Wis. Stats. Junkyard Or Salvage Yard: Any premises on which there is an accumulation of scrap metal,paper, rags, glass, lumber or other materials stored or customarily stored for salvage or sale. 122;123. Karst Feature: An 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. Kennel Commercial: An establishment structure or premises where five (5) or more adult dogs or cats, six months of age or older, are bred and raised for sale, boarded, groomed and/or trained as a service. Land Disturbance Activity: Any alteration or disturbance that may result in soil erosion_sedimentation, or change in runoff including, but not limited to, filling, grading, lagooning, dredging, ditching, flooding, excavating and removal of ground cover. 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. Landscape Architect: A person who has graduated with a major in landscape architecture from a college accredited by the American Society of Landscape Architects. 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. Definitions Subchapter 117.09 Light Industry: A use engaged in the manufacture,predominately from previously prepared materials, of finished products or parts, including research, development,processing, fabrication, assembly, treatment,packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing, which activities are conducted wholly within an enclosed building. i1® Livestock: Bovine animals equine animals, goats,poultry, sheep, swine, farm- raised deer, farm-raised game birds, camelids, ratites and farm-raised fish. 1 0®ID Sul Livestock Facility: A feedlot, dairy farm or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any 12— month period. It includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for purposes of this ordinance, except that an operator may elect to treat a separate species facility as a separate livestock facility. 13 1�;132. Livestock Structure: A building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. Livestock structure includes a barn, milking parlor, feed storage facility, feeding facility, animal lot or animal waste storage structure. Livestock structure does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock. Lodging House: A building other than a hotel or motel where lodging only is provided for compensation. Lot: A parcel of land occupied or designed to provide space necessary for one main building and its accessory buildings or uses, including the open spaces required by this chapter and abutting on a public street or other officially approved means of access. A lot may be a parcel designated in a plat or described in a conveyance recorded in the office of the Register of Deeds, or any part of a large parcel when such part complies with the requirements of this chapter as to width and area for the district in which it is located. No land included in the street,highway, access easement or railroad right-of-way shall be included in computing lot area. Lot,Corner: A lot located at the intersection of 2 streets, any 2 corners of which have an angle of 120° or less, or if bounded by a curved street in which case the chord within the limits of the lot line forms an angle of 120° or less. 135;136. Lot,Interior: A lot other than a corner lot. Lot Lines: The lines bounding a lot as herein described. 1 ®1 dug Lot Width: For the purposes of this chapter, the width of a lot shall be the d shortest distance between between the side lot lines and the setback lines. St. Croix County Zoning Ordinance 17.0-15 Subchapter I 17.09 Definitions 138;139. Low Flood Damage Potential: Structures that are not designed for human habitation, have a small footprint (about 500 square feet or less) and are designed to minimize damages resulting from floods. Such structures include but are not limited to; open sided park shelters,parking areas, camping sites,picnic areas and playground equipment. ...1..(pii® Lower St. Croix Riverway or Lower St. Croix National Scenic Riverway: The area described in § NR 118.02 (1). Management Zones: The Lower St. Croix Riverway management zones established in § NR 118.04. 14 Manufactured Home: A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Sec 4501, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Manufactured or Mobile Home Park: An area or premises on which is provided the required space for the accommodation of mobile homes, together with necessary accessory buildings, driveways, walks, screening and other required adjuncts. ...1. Marquee: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Marquee Sign: Any sign attached to in any manner or made apart of a marquee. Minor Subdivision: The creation of not more than 4 parcels much of which is 20 acres or less in size, as specified in §18.03(2). 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. Mitigation should compensate for loss of shoreland vegetation when development or improvements occur. Mobile Home: A vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. A mobile home exceeding statutory size under s. 348.07(2) shall be considered a primary housing unit. A mobile home not exceeding the statutory size shall be considered a mobile recreational vehicle or travel trailer. Definitions Subchapter 117.09 ]� Mobile Recreational Vehicle or Travel Trailer: A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured or mobile homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of"mobile recreational vehicles." The term "mobile recreational vehicle" does not include a temporarily placed "manufactured" or"mobile" home. i® Model Home: A dwelling unit that has never been occupied for residential purposes, temporarily open for inspection by the general public in order to sell that unit or similar dwelling units that can be constructed for sale or rental in a particular subdivision or other residential development approved by the County. Model homes may also incorporate sales or rental offices for dwellings within that development. Modification: Includes but is not limited to any addition alteration rebuilding or replacement of any existing building, accessory building or accessory use. 15 Vegetation: Those species of vegetation that occurred naturally in pre- settlement Wisconsin. Refer to the Original 1830's Vegetation Map of Wisconsin. Navigable Waters: All natural inland lakes within Wisconsin and all streams ponds, sloughs, flowages and other waters within the territorial limits of this State, including the Wisconsin portion of boundary waters, which are navigable under the laws of this State. Under §281.31(2)(4), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under §59.692, Wis. Stats., and Ch. NR 115, Wis. Adm. code, do not apply to lands adjacent to farm drainage ditches if: (a) Such lands are not adjacent to a natural navigable stream or river. (b) Those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching or had no previous stream history. (c) Such lands are maintained in nonstructural agricultural use. Net Project Area: Developable land area minus slope preservation zones floodpla' ins, road rights-of--way, and wetlands. New Construction: For floodplain management purposes, "new construction" means.......st ructures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. 155;156. Noncommercial Speech: Any message that is not commercial speech, which includes but is not limited to, messages concerning political, religious, social, ideological, public service and informational topics. St. Croix County Zoning Ordinance 17.0-17 Subchapter I 17.09 Definitions Nonconforming Sign: Any sign which was lawful prior to July 1, 2007 but which does not comply with the terms of this ordinance(or its amendment). 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. 158;159. 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. 159;160. Non-Flood Disaster: A fire, ice storm, tornado, wind storm, mud slide, or other destruc tive act of nature, but not including a flood. i 60®IDI Non-residential Health Care Facility: A use that provides out-patient medical care including but not limited to health maintenance, diagnosis, therapy or treatment of disease,pain, injury, deformity, mental illness and addiction. 16 Nonresidential Property: A property where dwelling units for personal residences are not allowed as the principal use. 162;163 North American Vertical Datum (NAVD): Elevations referenced to mean sea level datum, 1988 adjustment. Nursery,Wholesale: The onsite propagation and growing of plants, shrubs, trees, or vines. Products raised onsite may be sold onsite. Retail sales of any other products are not allowed. Garden centers are not included. Obstruction To Flow: Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. Official Floodplain Zoning Map: That map, adopted and made part of this ordinance, as described in § 17.40 B. Open Space Use: Those uses having relatively low flood damage potential and not involving structures. Operation Permit: A signed document issued by the Code Administrator autho rizing operation, closure or use conversion of an animal waste storage facility or part thereof. i 68®ID I Ordinary High Water Mark: The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as erosion, destruction or prevention of terrestrial vegetation,predominance of aquatic vegetation or other easily recognized characteristic. iii® 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. Definitions Subchapter 117.09 .i.. .i1.®� j Outdoor Recreation Facility: A use including but not limited to athletic fields golf courses, club house, miniature golf, batting cages, driving range,paint ball and go-kart tracks. Outlot: A lot remnant or parcel of land within a plat remaining after platting, which is intended for open space use, for which no development is intended other than that which is accessory to the open space use. An outlot may not be developed for any use or structure that requires a private, onsite wastewater treatment system. Overstory: The upper forest canopy layer. Parcel: Contiguous land under single ownership. Parking Lot: A lot where automobiles are parked or stored temporarily but not including the wrecking of automobiles or other vehicles or storage for the purpose of repair or wrecking. 175;176. Pennant: Any lightweight plastic, fabric or other material whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. Person: An individual or group of individuals corporation,partnership, association, municipality or state agency. 177;178. Plan Revision: A modification to an approved application where a valid permit is in effect. 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 use or deleterious to fish, bird, animal or plant life. iii® Porch: A building walkway with a roof over it,providing access to a building entrance. 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. Principal Use: The primary purpose for which a lot or parcel is used. Professional Engineer: One who is trained registered and professionally engaged in a specific branch of engineering pursuant to Wisconsin Statutes §443.04. .i..g3..® Professional Office:. The office of a doctor of medicine or dentistry,practitioner, minister, architect, landscape architect,professional engineer, lawyer, author, musician or other recognized profession. I Public Utilities: Those utilities using underground or overhead transmission mes such as electric telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer. .i..g.g® 186. Quarrying: The removal of mineral aggregates, topsoil or other natural materials from the earth by excavating, stripping or any other mining process. 7® Quarter-Quarter (1/4 1/4): A federal subdivision of a Public Land Survey System Section, commonly known as a"forty." A Quarter-Quarter (1/41/4)is nominally 40 acres. St. Croix County Zoning Ordinance 17.0-19 Subchapter 117.09 Definitions Divisi'Mns of a Section 40 as es 1,60 aa NW 1/4 NE114 NW 1/4 NW'1/4 N El 4a` tio n SW 114, SE 114 NW 114 NW 1/4, 80 acre N'1/2, gip'1/4 W'1/2, E1,2 SE 114 SE 1/4, 1/4 i m'He Reasonable I's 7;� ................ 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. 188;111"11"11"118111,91,111,11,11,111,11'll""I'll""I'll,'ll""I'll""Ill""I'll""I"Reasonably Safe From Flooding: Base floodwaters will not inundate the land or damage structures to be removed from the special flood hazard area and any subsurface waters related to the base flood will not damage existing or proposed buildings. 89;1111"11"11"9'll(I'l�l,ilill'I. Reconstruction: The replacement of all or substantially all of the components of a structure other than the foundation. Flood: A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. A plat which changes the boundaries of a recorded plat or part thereof. The legal dividing of a large block, lot or outlot within a recorded plat without changing the exterior boundaries of such block, lot or outlot is not a replat. '!2;111"11"11"1193,11,11,11,111,111,11'll""I'll""I'll",'ll"'ll,'ll""I'll""I'll'IResidential Property: A property where dwelling units for personal residences are allowed as the principal use including accessory structures and uses. '!3;111"11"11"1191411,1111,11,111,1111:11,111,111,111,111,11'll",'ll,Ill""I'll""I",Retail Sales and Services: The provision of goods and/or services such as cards or gifts, clothing,video games, lumber or building supplies,hardware, sports equipment, etc. ')!4;111"11""""91"1151,111,111,111,111,11'll""I'll""I'll",'ll"'ll,Ill""I'll""I",,Road: A public way for vehicular traffic; this term includes highways. WW2014, 2ag!2 20 Definitions Subchapter 117.09 195;196 Road Classification System: Roads are classified based on many factors, including speed and volume of traffic. Road classifications fall into a four-category hierarchy. The classifications, in descending order, are arterial, collector, subcollector and access roads (see diagram below). The Wisconsin Department of Transportation (WisDOT) and the St. Croix County Highway Department determine arterial and major and minor collector road status on their respective systems and the current functional classification will be used. The St. Croix County Planning and Zoning Department, in conjunction with the appropriate municipal jurisdiction, determines subcollector and access roads. Classifications are shown on the St. Croix County Official Functional Classification Road Map. Residential roads may fall into any of these classifications except arterials. The functional descriptions of each of these classifications follow: (a) Arterials provide for rapid speed and movement of high volumes of traffic between areas. An arterial road should have no private accesses on it. Its function is to conduct traffic between communities and activity centers and to connect communities to major state and interstate highways. There are two types of arterials,principal arterials and minor arterials. Principal arterials are those highway corridors that have trip length and travel density characteristics of an interstate or interregional nature. Principal arterials, in general, serve all urban areas greater than 5,000 population and may include: interstate highways, freeways, expressways, four-lane divided highways and two-lane highways. Minor arterials are those highways, which in combination with principal arterials, serve cities, communities and other major traffic generators providing intra- regional and inter-area travels. Minor arterials may include four-lane divided highways, two-lane highways and county trunk highways. (b) Collectors provide for moderate speed and movement of medium volumes of traffic and distribute traffic from arterial roads. There are two types of collector roads, major collectors and minor collectors. As the principal road within residential or commercial areas, collectors carry relatively high traffic volumes and convey traffic from arterial roads to lower-order roads. A collector's function is to promote the free flow of traffic; as such, the roads should not have parking or private residential access. A collector's secondary function is to serve abutting land uses. Major collectors provide service to moderate sized communities and other intra-area traffic generators and link those generators to larger population centers and higher function highways. Minor collectors provide service to all remaining smaller communities and tie local traffic generators with the rural surrounding area. Minor collectors are spaced consistent with population density so as to collect traffic and bring all developed areas within a reasonable distance of a higher-order road. (c) Subcollectors connect with access roads and convey traffic to major and minor collectors. Like an access road, a subcollector provides frontage and access to residential lots but also carries some through traffic to access roads. A subcollector is a relatively low speed, low-volume road. Subcollectors include all roads not identified as major or minor arterials, major or minor collectors or access roads. Generally, subcollectors are all town roads in the original town road grid system, and town roads identified as through roads or subcollectors on a town comprehensive plan or official map. Some roads in a subdivision may be subcollectors instead of access roads if the two ends of the road extend beyond the boundary of the subdivision and one end of the road eventually connects to another subcollector or higher order road. St. Croix County Zoning Ordinance 17.0-21 Subchapter I 17.09 Definitions (d) Access roads are designed to conduct traffic between individual parcels or lots and higher order roads. Access roads provide for low speed and low volumes of traffic and convey traffic to subcollector, collector and arterial roads. As the lowest-order road in the hierarchy, the access road usually carries little through traffic and includes short roads, cul-de-sacs and courts. Access roads include local roads within conventional subdivisions, local roads within Conservation Design Development subdivisions, cul- de-sacs, loop roads, lakeshore roads that existed prior to 1974, and roads, not otherwise classified located in unincorporated hamlets, including Boardman, Burkhardt, Cylon, Emerald, Erin Corners, Forest, Hersey, Houlton, Huntington, Jewett, Johannesburg and New Centerville. 1. Cul-de-sac roads are closed at one end with turn-arounds not platted for extension. 2. Loop roads are short, one-way through roads that turn back to the originating road. 3. Temporary dead-end roads terminate in a"T"turn-around and are platted for future extension. Functional Classification System Diagram Arterial n 0 m 0 rt o D Access 0 J,-) m N N Subcollector Roadside Stand: A structure having aground area of not more than 300 sq. ft., not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises or adjoining premises. Routine Vegetation Maintenance: Normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require a land disturbing activity. gig®ID III Salvage Operation: Operations in which substantial numbers of automotive vehicles, other machinery or equipment or parts thereof which are no longer usable as originally intended are accumulated and stored outside of buildings for purposes of ultimate repair, reuse, sale or trade. Definitions Subchapter 117.09 00. School, Charter: A school under contract with a school board under Wisconsin Statute§118.40 or with one of the entities under §118.40 (2r) (b), or a school established and operated by one of the entities under §118.40 (2r) (b). School, Private: An institution with a private educational program that meets all of the criteria under Wisconsin Statute §118.165 (1) or is determined to be a private school by the state superintendent under §118.167. 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. Self-Storage: Indoor storage of customer's items within partitioned buildings with individual access to each partitioned area. �i Service Contractor: Contractors engaged in providing property maintenance services including but not limited to lawn,pool and garden care; snow plowing and removal; and tree trimming and removal. Service Station: Any building, structure,premises or other place used for the dispensing, sale or offering for sale of any motor fuel or oils having pumps and storage tanks; also where battery, tire and similar services are rendered, but not including buildings or premises where such business is incidental to the conduct of a public garage used for the repair or storage of motor vehicles. Setback: The minimum horizontal distance between a structure and the OHWM bluffline side and rear lot lines, and roads. Setback Lines: Lines established adjacent to highways, lot lines, lakes and streams or other places for the purpose of defining limits within which any or certain buildings, structures or uses may not be constructed, maintained or carried on, except as shown herein. "Within a setback line" means between the setback line and the highway, lot line, lake or stream to which the setback line is adjacent. 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. Shoreland: Lands within the following distances from the ordinary high water mark of navigable waters: 1,000' from a lake,pond, or flowage; and 300' from a river or stream or to the landward side of the floodplain, which ever distance is greater. ail® Shoreland-Wetland District: The zoning district created as apart of the shoreland overlay districts subchapter, comprised of shorelands that are designated as wetlands on the wetland maps which have been adopted and made part of this chapter. Sign: A display, illustration, structure or device that directs attention to an idea, object,product,place, activity,person, institution, organization or business. Sign, Banner: Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building at one or more edges. Flags that comply with §13.4.a.3) shall not be considered banners. St. Croix County Zoning Ordinance 17.0-23 Subchapter I 17.09 Definitions 211213. Sign, Beacon: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. Sign, Building: Any single-faced sign painted on, attached to or erected against the exterior wall of a building, structure, marquee, canopy or awning. Also including any sign placed on the interior of a window or painted on a window such that it can be read from the outside of the building. Sign Component: Any element of a sign or its source of support (excluding a building), including but not limited to support structure, accessories, wiring, framing. Paint, vinyl,paper, fabric, lightbulbs, diodes, or plastic copy panels on a sign do not constitute components. .g.i.-g® 1 . Sign, Freestanding: Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure, including, but not limited to, a ground mounted sign, detached sign,pole sign,pylon sign or monument sign. Sign, Incidental: A sign that is not legible to a person of ordinary eyesight with vision adequate to pass a state driver's license exam standing at ground level at a location on the public right-of-way or on other private property. "' Sign, Monument: A freestanding sign where the base of the sign structure is on the ground. Off-Premise: A sign, which displays a commodity,product, service, activity or any other person,place, thing or idea other than noncommercial speech, which is not located, found or sold on the premises upon which such sign is located. iii® Sign, Off-Premise Directional: A sign displayed for the sole purpose of assisting wayfinding through disclosure of no more than the name of a place, its distance from the sign and one directional arrow. 22�;112"g l® Sign, On-Premise: A sign which only displays a commodity,product, service, activity or any other person,place, thing or idea, which is located, found or sold on the premises upon which such sign is located, or a noncommercial speech. 22 1;222. Sign, On-Premise Directional: A sign at the exit or entrance of a premises that has two or more driveways. Sign, Pornographic: Any sign that, in whole or in part, is obscene or pornographic as defined in Miller v. California and subsequent decisions, or shows specified anatomical areas or specified sexual activities. Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used for transportation in the normal day-to-day operations of the business. Definitions Subchapter 117.09 Sign, Projecting: Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall. Sign, Property Address: A reflective red sign with white lettering that identifies the property address at a minimum and may provide limited additional information such as town name and road name. Sign, Roof: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof. Sign, Special Event: A sign that is temporary in nature and is not permanently mounted or attached to the ground or sign surface, and is used for special events, such as but not limited to, grand openings,promotions, seasonal sales, garage sales, craft sales, graduation or birthday parties, festivals or fairs. Sign, Temporary: Any sign that is used only for a limited period of time and is not permanently mounted. i® Silvicultural Thinning: A woodland management practice which for the purposes of this chapter, the quality of adjacent surface water is maintained or improved through responsible cutting in shorelands and long-lived species are perpetuated and provision is made for efficient methods of slash disposal. Single-Family Residence: A detached structure used for human habitation for one family. 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. 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. Solid Waste Processing or Transfer: A facility for the collection,processing or temporary storage of solid waste prior to offsite disposal, not to exceed one year. Specified Anatomical Areas: Less than completely and opaquely covered human genitals,pubic region, buttocks, anal region or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered. St. Croix County Zoning Ordinance 17.0-25 Subchapter I 17.09 Definitions Specified Sexual Activities: Any of the following: a. Human genitals in a state of sexual stimulation or arousal. b. Acts of human masturbation, sexual intercourse or sodomy. c. Fondling or other erotic touching of human genitals,pubic region, buttock or female breast. d. Flagellation or torture in the context of a sexual relationship. e. Masochism, erotic or sexually oriented torture, beating or the infliction of pain. f. Erotic touching, fondling or other such contact with an animal by a human being. g. Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in a. through f. above. Start Of Construction: The date the building permit was issued,provided the actual start of construction, repair, reconstruction, rehabilitation, addition,placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings,piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. State Defined Subdivision: This shall mean the creation of 5 or more parcels or building site of 11/2 acres each or less, as specified in §18.03(1). Stormwater Runoff: The waters derived from rains falling or snowmelt or ice melt occurring within the drainage area, flowing over the surface of the ground and collected in channels, watercourses or conduits. (pig® Story: The vertical distance between the surface of any floor and the floor next above it, or if there be no floor above it, the space between such floor and the ceiling next above it. Story,Half: A story under any roof except a flat roof, the wall plats of which on at least 2 opposite exterior walls are not more than 2' above the floor of such story. Street: A public or private thoroughfare which affords a primary means of access to abutting property. Street Line: A dividing line between a street and the abutting lot. Structural Alteration: The replacement or alteration of one or more of the structural components of any of a structure's exterior walls. Definitions Subchapter 117.09 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. Structural Erosion Control Measure: A retaining wall or other man-made structure whose primary function is to control erosion. 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. Structure Height Measurement: The vertical distance from the average ground elevation to the highest point of a flat roof, to the deckline of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitched roof, except as provided for in §17.12(6). This measurement shall exclude chimneys. Subdivision: The division of a lot,parcel or tract by the owner thereof or his agent, for the purpose of transfer of ownership or building development where the act of division creates 5 or more parcels or building sites of 20 acres or less in area or where the act of division creates 5 or more parcels or building sites of 20 acres or less in area by successive division within a 5 year period, as specified in §18.03(1). " i® Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. 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. Temporary Structure: A movable structure not designed for human occupancy which may be used for the protection of goods or chattels. To Place: The putting of a building or structure in a particular situation whether this is by original construction or erection or by moving a building or structure to the particular situation. 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. St. Croix County Zoning Ordinance 17.0-27 Subchapter I 17.09 Definitions "' Truck Service, Repair, & Towing: Repairs, incidental body and fender work replacement of parts and motor services, towing and steam cleaning to freight vehicles and trucks equal to or exceeding 12,000 pounds gross weight. "' Understory: The layer formed by the crowns of smaller trees beneath the forest canopy. Unnecessary Hardship: Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance. Variance: An authorization by the Board of Adjustment for the construction modification or maintenance of a building or structure in a manner that deviates from dimensional standards (not uses) contained in this ordinance. fS®2I® Vehicle: Every device, in, upon or by which any person or property is or may be transported or drawn upon a road or highway, including any car, truck, trailer, semi-trailer, watercraft, mobile home or other motorcraft, whether or not it is self-powered or remains capable of travel in its present state. "iii® Vision Clearance: An unoccupied triangular space at the intersection of highways or streets with railroads. Such vision clearance triangles shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from their intersection as specified in the Subchapter VI. 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. Wastewater Treatment System: A wastewater treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative wastewater treatment system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. Watershed: An entire land area contributing runoff or surface water to a watercourse or body of water. 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. Water Surface Profile or Flood Profile: A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. 265;266. Well: An excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. Definitions Subchapter 117.09 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. Yard: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein. Yard,Front: A yard extending the full width of the lot between the front lot line and the nearest part of the main building excluding uncovered steps. iii® Yard,Rear: An open space, unoccupied except for accessory buildings extending from the rear lot line to the rear line of the main building for the entire width of the lot, excluding such projections as are permitted herein. .ail.®� j® ........................ Yard, Side: A yard or open space on each side of the main building extending from the side wall of the building to the side lot line and from the front yard to the rear yard. When an accessory building is constructed as part of the main building or constructed on one side of the main building the side yard requirements shall be the same for the accessory building as required of the main building. St. Croix County Zoning Ordinance 17.0-29 ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING Subchapter II General Zoning 17.10-17.21 ST.CROIX COUNTY PLANNING AND ZONING DEPARTMENT GOVERNMENT CENTER 1101 CARMICHAEL ROAD HUDSON,WI 54016 715-386-4680 715-386-4686 FAX W W W.CO.SAIN T-CROIX.W I.US 12Z1912014 Page Subsection Page No. 17.10 Introduction and Explanation 17.1-1 17.11 Districts 17.1-1 17.12 General Provisions 17.1-2 17.13 Residence District 17.1-6 17.14 AG-1 Agricultural District 17.1-10 17.145 AG-2 Agricultural District 17.1-16 17.15 Rural Residential District 17.1-17 17.155 Home Occupations Overlay District 17.1-21 17.16 Conservancy District 17.1-26 17.17 Restricted Commercial District 17.1-27 17.18 Commercial District 17.1-28 17.19 Industrial District 17.1-32 17.20 Adult Entertainment Overlay District 17.1-37 17.21 Conservation Design Development Overlay District 17.1-43 12/19/2014 PaRe19 General Zoning Subchapter II 17.10-17.21 SUBCHAPTERII GENERAL ZONING 17.10 INTRODUCTION AND EXPLANATION. (1) This subchapter contains the general zoning provision and indicates what uses may be made of property,the permissible lot size,height of buildings and dimensions of required yards and open space. It divides the area to which it applies into 7 districts. Each district has its own set of rules on use,yard space,lot size and building height. (2) The locations of the 7 districts are shown on the official County zoning maps available in the Zoning Administrator's office,the County Clerk's office and offices of deputy zoning administrators in each town. This subchapter applies to those towns which approve its application. (3) Within most districts there are listed"permitted uses" and"conditional uses." Permitted uses are uses which are allowed in that district provided that the property owner obtains a permit by showing that the proposed use is listed as a permitted use. Conditional Uses are uses that are allowed only after the County Board of Adjustment reviews the proposed use,holds a public hearing and decides whether to approve,based upon the application of standards found in this subchapter or in.§. 0.770()'�t44uapl;eF V11. (4) The fact that a use is shown as a permitted use does not always mean that the project may proceed. The 12` Sanitary a°ode,1 ha 1�,°�3 nd a°�de; "8u. 18,or other sections of this result in a permitted use not being allowed to proceed,depending upon the manner in which those provisions apply. TAIL land zoned under this subchapter shall be designated atd as one of the following 17 11 DISTRIC purpose g zoning, yi fl ��°u-lA�°��i)xs1u-iti°1s. g types: (1) Residence District. (2) AG-1 Agricultural District. (3) AG-2 Agricultural 2 District (44) Rural Residential District. (54) Conservancy District. (64) Restricted Commercial District. (76) Commercial District. St. Croix County Zoning Ordinance 17.1-1 Subchapter II 17.10-17.21 General Zoning (8-;) Industrial District. .1GL---AA 1 ll'.L,�� Uislricl (61',(2) U 1 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 20 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 20 feet in height. (6) The regulations contained throughout this chapter relating to building or structure 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 60 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). 17.1-2 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 (c) Facilities subject to(a)and(b)above require a land use permit to be issued by the Zoning Administrator. Before issuing the permit,the Zoning Administrator shall investigate and determine whether any such facility which is to exceed 35 feet 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 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(BMPs)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 Mark(OHWM) and OHWM setback. i. Wetland boundaries. j. Existing and proposed wells and Private Onsite 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 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 shall incorporate BMPs that meet or exceed the WDNR Stormwater Management Technical Standards. St. Croix County Zoning Ordinance 17.1-3 Subchapter II 17.10-17.21 General Zoning (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 50 feet, shall require a land use permit and shall be subject to the standards in(8)above. (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 50 feet,shall be prohibited. 17.1-4 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 (11) Any construction or land disturbance activities for public improvement affecting slopes 30%or greater with the slope measured over a horizontal distance of 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 MRCS 590 Nutrient Management,is allowed without a permit on lots or parcels of three acres or more in size. (d) Exceeding one animal unit per acre of land suitable for animal waste utilization,consistent with MRCS 590,or 500 or more animal units may be allowed with a conditional use 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 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: L 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. (d) All animal 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: L 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 St. Croix County Zoning Ordinance 17.1-5 Subchapter II 17.10-17.21 General Zoning than the existing structure and is located within 50 feet of the existing structure. (14) The following structure setback provisions apply to livestock structures,including animal waste storage structures,and other structures housing animal units in the Rural 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 500animal units. (b) 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. (c) Animal waste storage structures must be set back at least 100 feet from any property line or nearest point of any public road right-of-way. (15) 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. (15) The following minimum standards are applicable to Commercial Kennels: (a) Kennels are prohibited in major subdivisions. (b) Kennel structures shall be set back at least 300 feet from all property lines. (d) Kennel structures housing animals shall provide soundproofing so that animal noise cannot be heard beyond owner's lot lines. (e) Kennel structures shall be located at least 50 feet from any potable water supply well. (f) All animals shall be housed indoors from 9:00 p.m to 6:00 a.m. (g) There shall be no more than two adult dogs or cats,six months of age or older,in any single enclosure unit. (h) Parking areas,outside pens and runs,and kennel structures shall be screened by landscaping or other suitable means when visible from adjoining properties. (i) Management of animal waste must be such that odors are not perceptible at lot lines. (j) Bark suppression devices or bark collars shall be used on all adult dogs,six months of age or older,while outside. (k) No more than two adult dogs,six months of age or older,are allowed outside at any one time. 17.13 RESIDENCE DISTRICT. The Residence District is created to establish and protect the essential characteristics of areas within which predominantly low density residential use should occur,along with certain community and recreational uses to serve the residents of the district. Multiple family residential uses shall be allowed as conditional uses where permitted by the Board of Adjustment upon application of standards intended to protect the public interest. 17.1-6 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 (1) PERMITTED USES. (a) Single family,2 family dwellings. (b) Churches,public and parochial schools. (c) Lodging or boarding house restricted to not over 5 boarders or lodgers not members of the resident family. (d) Public buildings,except sewage disposal plants,garbage incinerators and buildings for the repair or storage of road-building or maintenance equipment. (e) Accessory buildings,including private garages and buildings clearly incidental to the residential use of the property,except that no accessory building may be used as a separate dwelling unit. (f) Private clubs and fraternities,except those whose principal activity is a service customarily carried on as a business. (g) Gardening and nurseries for propagation of plants only. (h) Public parks and playgrounds,including swimming pools,golf courses, tennis courts and picnic grounds. Such uses shall contain sufficient yard area to provide a buffer space and adequate parking facilities according to the following guidelines: 1. No yard shall be less than 25'wide,except that no yard need be provided adjacent to the fairways and greens of golf courses. 2. Each such yard shall be increased for the following: a. Swimming pools larger than 40'by 60',one foot additional yard for each additional 2'of width or length of the pool in the direction of the additional width or length. b. Picnic grounds having seating arrangements for more than 40 persons, 10'of additional width on every yard for each additional 10 persons or fraction thereof which such picnic ground is designed for or equipped to accommodate. 3. Any such yard which abuts on a public street or highway may be reduced by 1/z the width of such street or highway,but in no case to less than 15'. 4. Each such yard shall be left in its natural condition and the natural vegetation of the area,including grasses,flowers,shrubs and trees, except noxious plants,trees and weeds,shall be allowed to grow and develop,or other vegetation of equivalent density shall be planted therein,so as to provide a natural screen between the park or playground and neighboring residential areas,and so that such yards be so far as possible unused and unusable for the general purposes of such parks and playgrounds. 5. The above regulations shall be mandatory as applied to any park or playground established by any agency within the County. St. Croix County Zoning Ordinance 17.1-7 Subchapter II 17.10-17.21 General Zoning (i) Telephone,telegraph and power distribution poles,lines and necessary appurtenant equipment and structures,such as transformers,unit substations and related equipment housings,but no service garage or storage yard. 0) Professional office,provided that: I. Such office is conducted solely by a member of the resident family, entirely within the residence and incidental to the residential use of the premise. 2. There shall be no external alterations that would effect a substantial change in the residential character of the building. 3. Not more than 50%of only one floor of the dwelling shall be devoted to such offices. 4. Not more than 2 persons not members of the resident family maybe employed in nonprofessional capacities in any such office. (1) 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. (2) MINIMUM LOT AREA. (a) Sewered Lots. Buildings or other parts of buildings hereafter erected or structurally altered for single or 2 family dwelling purposes shall provide a lot area of not less than 12,750 sq.ft. The proportion of depth in relation to width for such a lot shall not be in excess of 3 to one,depth to width. (b) Unsewered Lots. The same regulations shall apply as in par.(a),except that the minimum lot area shall be one acre. (c) The minimum lot size for Conservation Design Development shall be one- half(/2)acre. (3) HEIGHT. (a) No building shall be more than 2%stories or 35'in height,whichever is greater,with height measurements commencing at the level of the lowest usable floor(basement or ground story). (b) Provided,however,that residential buildings may be increased in height by not more than 10'or one story when all yards and other required open spaces are increased in width by one foot for each foot in height by which such building exceeds the normal height limit of the district. (4) SIDE YARD. There shall be a side yard on each side of a building. (a) The aggregate width of the side yards for the main building shall not be less than 25'and no single side yard shall be less than 10'wide. The highway setback regulations in subchapter VI shall apply to all comer lots. (b) For lots less than 80'wide and of record as such at the date of the passage of this chapter,the aggregate width of the side yards shall be equivalent to 3" for each foot of the lot width and no single side yard shall be less than 40% 17.1-8 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 of the aggregate width. The buildable width of any lot shall not be reduced to less than 24'. (c) The minimum permitted side yard for an accessory building in a residence district shall be 5',provided it is detached from the main building. When an accessory building is attached or connected to the main building,they shall be considered to be as one and the conditions in par.(a)above shall rule. (d) When an accessory building is detached it shall be separated from other buildings by a minimum of 10',measured from edge of roof overhang to edge of roof overhang. (e) The minimum side yard for Conservation Design Development shall be 10'for any main building and 5'for any accessory building. (5) REAR YARD. There shall be a rear yard of not less than 25'in depth for any main building. Accessory buildings shall be provided with a minimum rear yard of not less than 5'. (a) The minimum rear yard for Conservation Design Development shall be 10 feet for any main building and 5 feet for any accessory building. (b) Accessory buildings shall be 10'from other structures,measured from edge of roof overhang to edge of roof overhang. (6) CONDITIONAL USES. The following uses may be allowed as a conditional use upon approval by the Board of Adjustment as provided in (a) Microwave relay structures. (b) Multiple family dwellings in excess of 2 units. Developments approved shall be subject to the provisions of subs.(2)through(5)except that an additional 3,000 sq.ft.of minimum lot area shall be required in sewered lots for each dwelling unit in excess of 2. To grant a conditional use for multiple family use,the Board of Adjustment shall find that the following conditions are present: L The establishment of the use will not be detrimental to or endanger the public health,safety,morals,comfort or general welfare. 2. The use,value and enjoyment of other property in the neighborhood shall be in no foreseeable manner substantially impaired or diminished by the establishment of the use. 3. The establishment of the use will not impede the normal and orderly development of the surrounding property for uses permitted in the district. 4. Adequate utilities,access roads,drainage and other necessary site improvements have been made or are being provided. 5. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. (c) Home occupation,pursuant to section 17.155. St. Croix County Zoning Ordinance 17.1-9 Subchapter II 17.10-17.21 General Zoning 17.14 AG-1 AGRICULTURAL DISTRICT Field code changed A. Purpose and Applicability 1. Statement of Purpose. The AG-1 District is designed to fulfill the following objectives: a. Provide for a wide range of traditional agricultural and agricultural accessory uses at various scales and to accommodate, as permitted uses, all activities typically associated with the primary production and harvesting of crops, livestock, animal products or plant materials, recognizing that such uses may involve noise, dust, odor, use of heavy equipment and chemicals and long hours of operation. b. Conditionally allowing for incidental processing, packaging, storage, transportation, distribution and other activities intended to add value to agricultural products produced on premises or to ready such products for market, given the potential that such uses may pose for conflicts with agricultural uses due to volumes or speed of vehicular traffic,or in light of existing residential density,proximity to incompatible uses,environmental impacts or degradation of or loss of agriculturally productive lands. C. Allowance for other incidental activities,compatible with agricultural uses as a supplement to family income and supportive of the agricultural community. d. Provision of additional economic opportunities for property owners that are generally compatible with agricultural uses, such as the establishment of new small-scale farming operations,including market gardens,roadside produce stands, pick-your-own operations or community supported agricultural farms. e. Location of new farm residences in a manner that will minimize impacts on roads,soils and existing agricultural land uses. f. Preservation of remnant parcels of productive agricultural land following development of adjoining properties. g. Preservation of land for production of food and fiber. h. Preservation of productive farms by preventing land use conflicts between incompatible users. i. Maintenance of a viable agricultural land base to support agricultural processing and service industries. j. Reduction of costs associated with the provision of governmental services to non-agricultural parcels scattered among agricultural lands. k. Pacing and shaping of urban growth. 1. Meeting of the criteria for certification of this district as a Farmland Preservation Zoning District under§91.38,Wis. Stats. 2. Lands to be included in the AG-1 District. This District is generally intended to apply to productive farm operation lands, including lands that have historically exhibited good crop yields or are capable of such yields; lands which have been demonstrated to be productive for dairying,livestock raising and grazing;or other lands that are integral parts of such farm operations; land used of the production 17.1-10 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 of specialty crops such as sod, fruits and vegetables; lands which are capable of productive use through economically feasible improvements such as irrigation; and lands consisting of undeveloped natural resource and open space areas. B. Permitted Uses 1. Agricultural Uses, including, but not limited to, production and harvesting of crops,livestock,animal products and plant materials. 2. Agricultural Accessory Uses, except for those listed as conditional uses under C., below, which accessory uses shall be subordinate to a Primary Agricultural Use and cannot be engaged in the absent the existence of a Primary Agricultural Use actively maintained on the same parcel of land. Determination of the existence of a Primary Agricultural Use shall be made upon review of the most recent tax assessment records for the parcel, demonstrating that more than 50% of a contiguous farm is assessed as agricultural under§70.32(2)(a),Wis. Stats. 3. Any residence lawfully existing as of January 1,2014 the 44 etiv@ e-4g4e-+-may be continued in residential use and may be exempted from any limitations imposed or authorized under Wisconsin's non-conformities statue 59.69(10)provided they remain residential and meet zoning standards,and all other county ordinance requirements. 4. The rental of principal or secondary residences in existence on a farm as of January 1,2014¢'°egged.@ chat of this smion and no longer utilized in the operation of the farm. 5. Minor Home Occupations pursuant to§17.155 which do not impair or limit current or future agricultural use of the farm on which they are performed and which do not engage or employ any persons other than the residents of the principal residence located on the farm.This agricultural accessory use must comply with Wis. Stats 91.01(1). 6. Agricultural Entertainment Activities not to exceed 15 calendar days per each 12 months in succession,which may include the incidental preparation and sale of beverages and food.For all such activities planned for or anticipated to have attendance of more than 100 persons during a 24 hour period,an event plan adequately addressing parking,proposed days and hours of operation,ingress and egress permit as determined by appropriate road jurisdiction,sanitation,signage, solid waste management,and other public safety issues shall be filed and approved with a land use permit from the zoning administrator. The applicant shall file the approved land use permit with the appropriate town clerk, servicing fire department,emergency medical service provider, St. Croix Sheriff's Department and any local law enforcement agency for such agricultural entertainment activities,at least 30 days prior to the start of any agricultural entertainment activities in each calendar year.This agricultural accessory use must comply with Wis. Stats 91.01(1). St. Croix County Zoning Ordinance 17.1-11 Subchapter II 17.10-17.21 General Zoning 7. Seasonal storage for compensation of recreational equipment and motor vehicles owned by persons other than those persons residing on the premises,but only if fully enclosed in an agricultural accessory structure and compliant with-Wis Stats. 91.01(1)�'��* �'� r'�,.rvi�,^a T'�° °*^� *�� a�,.a This shall not include the storage of a dealer's inventory. 8. Farm-related exhibitions,sales or events,including auctions,dairy breakfasts, exhibitions of farm machinery and technology,agricultural association meetings and similar activities but not to exceed 5 calendar days per calendar year.This agricultural accessory use must comply with Wis. Stats 91.01(1). 9. Undeveloped natural resource and open space land uses. 10. Transportation-related,utility,electrical transmission,pipeline,communication or other transmission facilities that are either(a)required by state or federal law to be located in a specific site that in the AG-1 District;or(b)is authorized to be located in a specific site under state,federal or local laws or regulations that expressly exempt its location from the requirement of obtaining a conditional use permit under this section. 11. One(1)single family farm residence based on a density of one(1)lot per uc arter- uarter 114-114),sited in compliance with the County and town subdivision regulations. The Community Development Department shall determine allowable farm divisions so as to ensure that farms existing as of the effective date of this section shall not be divided in such a manner after the effective date so as to create in excess of the allowable number of lots per uaq rter- uad rter(1l4- 1l4). Remaining acreage of a farm not constituting a full uaq rter- uad rter(1l4- 1l41 shall be divided by 40 for parcels zoned AG-1 with the resulting quotient used to determine the number of additional residential units to be allowed,with fractions rounded down to whole numbers. 12. Livestock facilities that do not exceed one(1)animal unit per acre of land suitable for animal waste utilization or less than 500 animal units,without the requirement of a land use permit,subject to compliance with the following minimum requirements: a. Wis.Adm.Code Ch.NR 243,Animal Feeding Operations; b. Wis.Adm. Code Ch.NR 151,Runoff Management; C. Ch. 11,St Croix County Code of Ordinances,Animal Waste Storage Facilities; d. Natural Resources Conservation Service(MRCS)Conservation Practice Standard Code 590,Nutrient Management. 13. Livestock facilities that exceed one(1)animal unit per acre of land suitable for animal waste utilization or livestock facilities of 500 animal units or more but only with a land use permit,if all of the following minimum requirements are met: a. Wis.Adm. Code Ch.ATCP 151,Livestock Facility Siting; 17.1-12 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 b. Wis.Adm. Code Ch.NR 243,Animal Feeding Operations; C. Wis.Adm. Code Ch.NR 151,Runoff Management; d. Ch. 11, St Croix County Code of Ordinances,Animal Waste Storage Facilities; e. Natural Resources Conservation Service(MRCS)Conservation Practice Standard Code 590,Nutrient Management. C. Conditional Uses. The following uses are allowed in the AG-1 district as conditional uses subject to the standards in �12.14(D). Formatted:Indent:Left: 0",Tab stops: 0.5", 1. Agricultural Accessory Uses~yhi� °h I oI I. Left aim m°aISSIIPV WKI uIldeF§ P-.49(44 Ia t--limited to the following ciI° m°I III°Ifl io,se : a. A business,activity or enterprise,whether or not associated with an agricultural use,that is conducted by the owner or operator of a farm,that requires no buildings,structures or improvements other than those described in§ 17.09(6)(and that employ no more than four(4)full time employees annually and that does not impair or limit the current or future agricultural use of the farm or other protected farmland. b. Sale of processed or preserved agricultural products and produce. C. Sale of agricultural and dairy products not produced on the premises and incidental sale of non-alcoholic beverages and snacks. d. Farm related exhibitions,sales or events such as auctions,dairy breakfasts, exhibitions of farm machinery and technology,agricultural association meetings and similar activities,occurring on more than five(5)days in a calendar year. For events of this type anticipated to have attendance of more than 100 persons at any one time during a day, an event plan addressing parking,proposed days of operation,ingress and egress, sanitation and other public safety issues shall be filed with and approved annually by issuance of a land use permit by the Zoning Administrator. The applicant shall file the approved land use permit with the appropriate town clerk,fire department, emergency medical provided,the St Croix County Sheriff's Department and any other local law enforcement agency that has responsibility for providing police protection services for such agricultural entertainment activities,at least thirty(30)days prior to the start of any such activities in each calendar year. e. Agricultural Entertainment Activities which exceed fifteen(15)days in the aggregate annually. f. Commercial horse boarding stables,riding stables,hay and sleigh riding, and horse training facilities,including the sale of bridles,saddles, St. Croix County Zoning Ordinance 17.1-13 Subchapter II 17.10-17.21 General Zoning grooming supplies and related items at a horse boarding or riding stable facility. 2. Governmental,institutional,religious or nonprofit community uses. 3. Transportation,communications,utility or drainage uses not fitting under B.10., above as permitted uses,subject to compliance with Ch. 17, �1 I,., Q: 4. Asphalt plants or ready-mix concrete plants for the production of materials to be used in the construction or maintenance of public roads,to be limited in duration to the project in which their products are used. 5. Small scale electric generating stations not requiring approval under§196.491, Wis. Stats. D. Standards for Conditional Uses in the AG-1 District. In addition to the requirements of �o ,. §1 /.0(7),the Board of Adjustment must find that the following standards are met before approving any conditional use permit for land in the AG-1 District. L The use and its location in the AG-1 District are consistent with the purposes of the District. 2. The use and its location in the AG-1 District are reasonable and appropriate, considering the existence,if any,of alternative locations or whether or not they are specifically approved under applicable state or federal laws. 3. The use is reasonably designed to minimize the conversion of land at and surrounding the location of the proposed conditional use,from agricultural or other open space uses to other uses. 4. The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural uses. 5. Construction damage to land on the same farm parcel remaining in agricultural uses is minimized and will be repaired to the extent feasible. 6. Rural landscape and continuity of existing neighborhood shall be considered when applying design or performance standards to a proposed conditional use. 7. Within the AG-1 District, all driveways,private roads and parking areas shall have semi-impervious surfaces(such as 6"of 314" aggregate rock or limestone screening,pea gravel,Class 5 gravel,or pervious pavers)are used as alternative surfaces to decrease the velocity of run-off and to encourage surface infiltration, reduce dust and be aesthetically pleasing. 8. Adequate off-street parking shall be provided and parking areas and driveways shall be subject to treatment with dust control measures and all permanent parking areas shall be shielded from neighboring properties. 9. No vehicles shall be parked on the County's rights of ways of adjoining roads. 10. Design of driveways and adequate sight distance to accommodate expected volumes or traffic in accord with accepted highway engineering standards shall be required. 17.1-14 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 11. Outdoor Lighting shall be of the minimum amount needed for safety and security and all lighting elements shall be directed downward and shielded away from adjoining properties to avoid glare. 12. Hours of operation need to be identified and determined by the Board of Adjustment,based upon typical seasonal working hours. 13. Sanitary facilities shall be provided in compliance with Ch. 12—Sanitary. 14. All food or beverages offered for sale or consumption on the premises shall meet all federal,state and local regulations,subject to inspections by the St. Croix County Public Health-Licensing and Inspections staff. 15. Compliance with state and local approvals. E. Each conditional use permit application shall be accompanied by a sketch plan that identifies the locations and dimensions of all structures,parking areas,existing and proposed driveways,parking and vehicular turning areas,sanitary facilities,areas where visitors will be permitted and restricted as well as identification of landscaping designed to buffer adjoining residential structures and such other or further information requested by the Board of Adjustment. F. General Limitations Applicable to Both Permitted and Conditionally Permitted Uses in the AG-1 District 1. Building Height Limits. a. For buildings containing offices,sales rooms and service areas as well as for residential buildings,the maximum height shall be two and one-half(2 %)stories or 35 feet,whichever is the lesser. b. For all other buildings,including,but not limited to,silos,bins,bams and seed storage facilities,there shall be no maximum height limitation. 2. Density and Minimum Lot Area: One single-family farm residence based on a density of one(1)lot per gjto Iil er (1!oa i er(114-114„)with a minimum lot size of three(3)acres.After reaching maximum density allowed,the remaining farm acreage may only be used for the permitted and conditional uses set forth in Section B and C above,except that no additional residential uses are allowed. 3. Setback Requirements. Buildings that are erected,altered or moved to land in the AG-1 District shall be subject to the setbacks prescribed in§§-17.60(6)and 17.13(4)and(5), subject to the following express requirements imposed in the AG-1 District: a. Side yard setbacks on each side of buildings: 1) The aggregate width of the side yards for principal buildings shall be not less than 25'and no single side yard shall be less than 10' wide. 2) For lots less than eighty(80)feet in width and of record as of the effective date of this ordinance,the aggregate width of the side yards shall be equivalent to 3” for each foot of the lot width and no St. Croix County Zoning Ordinance 17.1-15 Subchapter II 17.10-17.21 General Zoning single side yard shall be less than 40%of the aggregate width. The buildable width of any lot shall not be reduced to less than 24'. 3) The minimum permitted side yard for an accessory building shall be 5'provided that it is detached from the principal building. When an accessory building is attached to the principal building,it shall be considered to be part of the principal building and the standards under ik,1 shall apply. 4) To be considered to be detached, an accessory building shall be separated from all other buildings by a minimum of 10',measured from the edges of each roof overhang. 5) The highway setback regulations set forth in k 17.60 , . 1 shall apply to all comer lots. b. Rear yard setbacks. There shall be a rear yard of not less than 25'in depth for all principal buildings. Placement of accessory buildings shall require a minimum rear yard setback of 5'. 1) To be considered detached, accessory buildings shall be separated Formatted:Indent:Lett: 1.5° from all other buildings by a minimum of 10',measured from the edges of each roof overhang. 4. Off-Street Parking. Off-street parking shall be required to the extent provided in §§-17.55 to 17.57. 5. Rezoning of Property in the AG-1 District to Another Zoning Classification. No land in the AG-I District shall be rezoned except in accordance with§17.72 (2)8(h)(4-3)and§91.48,Wis. Stats. 17.145 AG-2 AGRICULTURAL---2 DISTRICT A. Purpose. The AG-2 District is designed to fulfill the following objectives: 1. Provide for a wide range of agricultural, agricultural accessory and agriculture- related uses, at various scales of operation while providing for the minimum lot area necessary to accommodate such uses. The AG-2 District accommodates uses which are commercial or industrial in nature; are associated with agricultural production;require a rural location due to extensive land area needs or proximity to agricultural resources and which do not require urban services. In appearance and operation,the permitted uses in the AG-2 District are often indistinguishable from an active farm operation. Conditional uses in this District are clearly commercial or industrial in nature and may involve facilities or processes that require a remote location distant from incompatible uses,proximity to agricultural products or suppliers and/or access to utility services or major transportation infrastructure. 2. Examples of uses in the AG-2 District include,but are not limited to, agricultural support services, value-added or related businesses such as implement dealers, veterinary clinics, farm machinery repair shops, agricultural sales facilities, marketing, storage and distribution centers,plant and tree nurseries and facilities 17.1-16 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 for the processing of natural agricultural products or by-products,including fruits, vegetables, silage or animal proteins. Such activities are characterized by: (1) Wholesale or retail sales and outdoor storage/display of agriculture-related equipment,inputs and products;(2)The use of parking areas,outdoor lighting and signage appropriate to the scale of the use; (3) Small,medium or large utilitarian structures,facilities or workshops, appropriate to the scale of the use; (4)Low to moderate traffic volumes; and (5)Noises, odor, dust or other potential nuisances associated with agriculture-related production or processing. 3. All uses in the AG-2 District shall meet the requirements for certification as a Farmland Preservation Zoning District under§91.38,Wis. Stats. B. Permitted Uses. 1. All permitted uses allowed in AG-1. 2. Agricultural accessory uses,except for those listed as conditional uses,below. 3. Agriculture related uses,except for those listed as conditional uses,below. 4. Undeveloped natural resources and open space uses. 5. One(1)single family farm residence based on a density of two(2)lots per quarter-quarter(114-1141 sited in compliance with the County and town subdivision regulations. The Community Development Department shall determine allowable farm divisions so as to ensure that farms existing as of the effective date of this section shall not be divided in such a manner after the effective date so as to create in excess of the allowable number of lots per uc� ar�ter- uarter J114- 1141. Remaining acreage of a farm not constituting a full uc arter- uarter 1!4- 1l41 shall be divided by 20 for parcels zoned AG-2 with the resulting quotient used to determine the number of additional residential units to be allowed,with fractions rounded down to whole numbers. 6. Transportation-related,utility, electrical transmission,pipeline,communication or other transmission facilities that are either: (a)required by state or federal law to be located in a specific site that is subject to this section;or(b)is authorized to be located in a specific site under state,federal or local laws or regulations that expressly exempt its location from the requirement of obtaining a conditional use permit under this section. C. Conditional Uses. The following uses are allowed in the AG-2 district as a conditional uses subject to the standards in J17.145(D)' 1 All conditional uses allowed in the AG-1 District under§-17.14. 2. Agricultural accessory uses limiled to the fo lov xr . `IeoH444 Fo(o4feme;r1 o l�lux .. agri oto of a. Bed and breakfast operations in existing farm residences located on a farm. b. A business activity or enterprise,whether or not associated with an agricultural use,that is conducted by the owner or operator of a farm,that requires no buildings,structures or improvements other than those described in§ 17.09(6)0 and that employs no more than 4 full-time St. Croix County Zoning Ordinance 17.1-17 Subchapter II 17.10-17.21 General Zoning employees annually, and that does not impair or limit the current or future agricultural use of the farm or other protected farmland. L. 4 l axaaBA ads in k 1 � ,xu-�1u-� �� Ito � �ati�1 tin 1 u�a a1. she 3. Agriculture-related uses�t��ua�e a°��:��Iy�Nil.��11��a��a°ei��alier�xl�°afl 1�n i„ I e8ua° a. Plant or livestock genetic laboratories,agriculture-related experimental laboratories. b. Landscape supply or contracting businesses associated with a plant or tree nursery. C. Dead stock hauling services,no portion of which shall be located less than 700 feet from any lot line shared with a property on which a residence is located. d. Sales or storage of agricultural byproducts. e. Stock yards and livestock auction facilities. f. Bio-diesel and ethanol manufacturing facilities. g. Manure processing facilities. h. Biopower facilities for distribution,retail or wholesale sales. i. /irslrip� �Iob` cl tin Ihe,sIan(I araJts irk 4. 4-Govemmental,institutional,religious or non-profit community uses. 5. Dams,power plants,flowage areas,telephone,cable television and power transmission towers,transmission poles and towers,including transformers, substations,relay stations,equipment housing and other similar necessary appurtenant facilities,radio relay towers,provided that such facilities are found to be necessary and located so as to avoid unreasonable interference with other uses permitted,conditionally permitted or found in the District. 6. Asphalt plants or ready-mix concrete plants for the production of materials to be used in the construction or maintenance of public roads,to be limited,however,to temporary plants operated only within the duration of the time period of construction or maintenance associated with a particular road project. 7. Non-metallic mineral extraction operations that comply with Chapter 14 but only if all of the following apply: a. The operation complies with Subch.I of Ch.295,Wis. Stats.,and rules promulgated under that subchapter as well as with local ordinances adopted under§§295.13 or 295.14,Wis. Stats.,applicable provisions of this section and any requirements of the State Department of Transportation concerning restoration of nonmetallic mineral mine sites. b. The operation and its location in the AG-2 District are consistent with the purposes of the district. C. The operation and its location in the AG-2 District are reasonable and appropriate,considering alternative locations outside of the AG-2 District or that they are specifically approved under state or federal law. d. The operation is reasonably designed to minimize the conversion of land around the mine site from agricultural or open space uses to other land uses. 17.1-18 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 e. The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. f. The requirement that the owner or operator restore the mine site to agricultural uses,consistent with a reclamation plan calling for such type of restoration once the nonmetallic mineral mining operation has been completed. 8. /irslrip ,vy] itch are,nol agriti°ulwro rolaled or agricullure Asti cossory roses subject to the following procedures and standards: a. Each proposed airstrip owner shall file with the County Zoning Administrator a written application for a conditional use to the agricultural zoning district in which the airstrip is to be located. b. Each written application shall be in the names of all of the owners of the real estate on which the proposed airstrip is to be located. C. Each such written application shall be accompanied by the payment of the appropriate fee. d. The application shall contain the following information: 1) The names of the owners of the real estate on which the proposed airstrip is to be constructed or located. 2) The length of the proposed airstrip. 3) The types or models of all aircraft presently owned by the applicant and the type or model of any aircraft proposed to be purchased by the applicant in the foreseeable future. 4) The legal description and approximate acreage of the real estate owned by the applicant. 5) Statement indicating whether or not the proposed airstrip has been approved by the Wisconsin Department of Transportation,Bureau of Aeronautics,including a copy of such approval. 6) Statement by the applicant indicating whether the applicant is proposing a personal or private airstrip. 7) Statement by the applicant indicating his actual or foreseeable intentions concerning the usage of the airstrip in question. 8) Statement by the applicant indicating that the applicant shall be strictly liable for any and all damage caused to any person or property by the operation of any aircraft to or from the airstrip in question. 9) Names and addresses of all owners of real estate which adjoins that owned by the applicant or is located closer than 1l2 mile from each boundary of the applicant's real estate. e. The application shall also include as an attachment a drawing on plain white paper at least 15"x20"in size,drawn at a scale of one inch equals St. Croix County Zoning Ordinance 17.1-19 Subchapter II 17.10-17.21 General Zoning 250',with the proposed airstrip to be located at the center of the drawing containing the following: 1) The boundaries of the real estate owned by the applicant. 2) All section lines and quarter section lines in the vicinity of the airstrip in question. 3) The location and length of the proposed airstrip. 4) The distances from the proposed airstrip to any fixed object or structure within 500'. 5) Indicate the heading and elevation of the proposed airstrip. 6) Indicate the location of all public roads,overhead utility lines,waterways or other natural obstacles. 7) Indicate the names of owners of all real estate shown on the drawing. 8) Indicate the approximate location of any turkey or mink commercial operations,or any other livestock operation,on the drawing. 9) Indicate present use of all lands shown on the drawing. f. Attach to the application a copy of any aerial ASCS photograph of the real estate in which the proposed airstrip is to be located. g. If approved by the Board of Adjustment,the applicant shall notify all police agencies in the vicinity of the airstrip,together with the County Sheriffs Department and the Central Communication Center of the existence of the airstrip,its location and its length. It. The applicant shall include with the application,as an attachment,proof that he has sufficient liability insurance for any and all airplanes presently owned by him. Should the proposed airstrip be approved by the Board of Adjustment,all future airplanes owned by the applicant shall also be so insured,and proof and such insurance shall be filed with the County Zoning Office within 30 days. i. The airstrip in question shall be located as close as possible to the center of the real estate owned by the applicant,unless the topography of the real estate in question is such that it would be unreasonable to locate the airstrip in such location. j. The airstrip shall be of sufficient length to enable safe takeoffs and landings by any and all airplanes owned by the applicant or by airplanes that have been approved to land at such airstrip by the applicant. The airstrip must also be of sufficient length to be approved by the Wisconsin Department of Transportation,Bureau of Aeronautics, and to safely and reasonably comply with Title 14 of the Code of Federal Regulations,Ch. 1 of the Federal Aviation Administration, §91.79,Minimum Altitude, General. (See par. 19.of this subsection.) k. Upon being notified by the Wisconsin Department of Transportation, Bureau of Aeronautics,that a particular airstrip that has previously been 17.1-20 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 approved by the Board of Adjustment has been abandoned by the applicant,the County Zoning Administrator shall notify the applicant,his successor or assigns,that the conditional use for such airstrip has been terminated and that the real estate shall thereafter be used solely according to agricultural-residential zoning districts and permitted uses thereunder. 1) Upon the sale,transfer,lease or other conveyance of the real estate on which an approved airstrip is located,the new purchaser,transferee or leasee of such real estate shall immediately file a notice of the purchase, transfer or lease with the County Zoning Administrator. Such notice shall contain the statement that the new purchaser,transferee or leasee agrees to conform to and abide by these standards. Upon receipt of such notice,the Zoning Administrator shall inform the purchaser,transferee or leasee of these standards. 2) All airstrips approved by the Board of Adjustment as a conditional use shall remain as grass or sod strips only and be properly maintained for such use. 1. Upon approval of the proposed airstrip by the Board of Adjustment,the applicant shall execute a hold harmless agreement in favor of the County, which shall indicate that the applicant shall have sole responsibility for any and all damage caused to any person or property by the operation of the County approved airstrip. m. Any complaint against a person owning an airstrip approved by the Board of Adjustment shall be forwarded,in writing,to the District Attorney within 30 days of the occurrence of the situation giving rise to the complaint. Upon receipt of any compliant apparently having merit,the District Attorney shall forward the complaint to the airstrip owner within 10 days. The owner shall have 30 days from receipt of the complaint to reply in writing. If the District Attorney is unable to resolve the complaint in a manner satisfactory to the parties,he shall within 10 days advise the Board of Adjustment as to the existence of the complaint. The Board shall conduct a quasi-judicial,due process hearing within 30 days after being notified of such complaint. If,after conclusion of the hearing,the Board decides that the complaint is justified,it may terminate the conditional use previously granted to the airstrip in question,attach conditions to the existence of the airstrip or take any other appropriate action against the owner of the airstrip that is justifiable under the circumstances of the complaint. Justification is defined as a violation of a present FAA rule or regulation, a Wisconsin Department of Transportation,Bureau of Aeronautics,rule or regulation or a Wisconsin Statute dealing with aeronautics,any of which must be directly related to the actual operation of the County approved airstrip or any of the standards under which the airstrip owner originally applied for the airstrip. If the Board of Adjustment decides that the complaint is unjustified,it shall dismiss the complaint with prejudice. There shall be no fee for any such hearing. St. Croix County Zoning Ordinance 17.1-21 Subchapter II 17.10-17.21 General Zoning n. These standards shall not be construed to limit the authority of the County Board of Adjustment with respect to its review of any conditional use request from a particular applicant. The provisions of the County Zoning code concerning the Board of Adjustment remains in effect and shall supplement these standards where applicable. o. Each application shall be signed by all owners of the real estate on which the proposed airstrip is to be located,and shall furthermore be dated as of the date on which the applicant shall file the application with the County Zoning Administrator. p. The Zoning Administrator shall notify the clerks of all municipalities located on the drawing made by the applicant prior to the public hearing. Oral or written comments may be made at the hearing by any municipal official. q. Section 91.79,Code of Federal Regulations,Minimum Safe Altitudes, General,reads as follows: Except when necessary for takeoff or landing,no person may operate an aircraft below the following altitudes: 1) Anywhere. An altitude allowing,if a power unit fails,an emergency landing without undue hazard to persons or property on the surface. 2) Over congested areas. Over any congested area of a city,town,or settlement,or over any open air assembly of persons,an altitude of 1.000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. 3) Over other than congested areas. An altitude 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. 4) 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. D. Standards for Conditional Uses in the AG-2 District. In addition to the requirements of col 1/.I„(�(7),the Board of Adjustment must find that the following standards are met before approving any conditional use permit for land in the AG-2 District. 1. The use and its location in the AG-2 District are consistent with the purposes of the District. 2. The use and its location in the AG-2 District are reasonable and appropriate, considering the existence,if any,of alternative locations or whether or not they are specifically approved under applicable state or federal laws. 3. The use is reasonably designed to minimize the conversion of land at and surrounding the location of the proposed conditional use,from agricultural or other open space use to other uses. 17.1-22 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 4. The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural uses. 5. Construction damage to the land on the same farm parcel remaining in agricultural uses is minimized and will be repaired to the extent feasible. 6. Rural landscape and continuity of existing neighborhood shall be considered when applying design or performance standards to a proposed conditional use. 7. Within the AG-2 District,all driveways,private roads and parking areas shall have semi-impervious surfaces(such as 6"of 3l4" aggregate rock or limestone screening,pea gravel,Class 5 gravel or pervious pavers)are used as alternative surfaces to decrease the velocity of run-off and to encourage surface infiltration, reduce dust and be aesthetically pleasing. 8. Adequate off street parking shall be provided and parking areas and driveways shall be subject to treatment with dust control measures and all permanent parking areas shall be shielded from neighboring properties. 9. No vehicles shall be parked on adjacent County road rights of ways. 10. Design of driveways with adequate sight distance to accommodate expected volumes of traffic in accord with accepted highway engineering standards shall be required. 11. Outdoor lighting shall be of the minimum amount needed for safety and security and all lighting elements shall be directed downward and shielded away from adjoining properties to avoid glare. 12. Hours of operation need to be identified and determined by the Board of Adjustment,based upon typical seasonal working hours. 13. Sanitary facilities shall be provided in compliance with Ch. 12-Sanitary. 14. All food or beverages offered for sale or consumption on the premises shall meet all federal,state and local regulations, subject to inspections by the St. Croix County Public Health-Licensing and Inspections staff. 15. Compliance with state and local approvals. E. Each conditional use permit application shall be accompanied by a sketch plan that identifies the locations and dimensions of all structures,parking areas,existing and proposed driveways,parking and vehicular turning areas,sanitary facilities,areas where visitors will be permitted and restricted as well as identification of landscaping designed to buffer adjoining residential structures and such other or further information requested by the Board of Adjustment. F. General Limitations Applicable to Both Permitted and Conditionally Permitted Uses in the AG-2 District. 1. Building Height Limits. a. For buildings containing offices, sales rooms and service areas as well as for residential buildings,the maximum height shall be two and one-half(2 1l2)stories or 35 feet,whichever is the lesser. b. For all other buildings,including.but not limited to. silos,bins,bams and seed storage facilities,there shall be no maximum height limitation. 2. Density and Minimum Lot Area. One single-family farm residence based on a density of two(2)lots per qjt i l ("r(114-114„)with a minimum lot size of three(3)acres.After reaching maximum density allowed,the remaining farm St. Croix County Zoning Ordinance 17.1-23 Subchapter II 17.10-17.21 General Zoning acreage may only be used for the permitted and conditional uses set forth in Section B and C above,except that no additional residential uses are allowed.- 3. Setback Requirements. Buildings that are erected, altered or moved to land in the AG-2 District shall be subject to the setbacks prescribed in§§ 17.60(6)and 17.13(4)and(5), subject to the following express requirements imposed in the AG-2 District: a. Side yard setbacks on each side of buildings: 1) The aggregate width of the side yards for the principal building shall not be less than 25'and no single side yard shall be less than 10'wide....p he high. ,,Ya Feittfla lions in 6:na°8u. Vq..shk1 2) For lots less than eighty(80)feet wide and of record as of the effective date of this ordinance,the aggregate width of the side yards shall be equivalent to 3"for each foot of the lot width and no single side yard shall be less than 40%of the aggregate width. The buildable width of any lot shall not be reduced to less than 24'. 3) The minimum permitted side yard for an accessory building shall be 5'provided that it is detached from the principal building. When an accessory building is attached to the principal building,it shall be considered to be part of the principal building and the standards under i k,1 shall apply. 4) To be considered detached, an accessory building shall be separated from all other buildings by a minimum of 10',measured from the edges of each roof overhang. 5) The highway setback regulations set forth in k 1 /.60- shall apply to A0I corner lots. b. Rear yard setbacks. There shall be a rear yard of not less than 25'in depth for all principal buildings. Placement of accessory buildings shall require a minimum rear yard setback of 5'. 1) To be considered detached,accessory buildings shall be separated from all other buildings by a minimum of 10',measured from the edges of each roof overhang. 4. Off-Street Parking. Off-street parking shall be required to the extent provided in §§ 17.55 to 17.57. 5. Rezoning of land in the AG-2 District to another Zoning Classification. No land in the AG-2 District shall be rezoned except in accordance with§17.72(h) 4-) and§91.48,Wis. Stats. 17.15 RURAL RESIDENTIALDISTRICT. This district is created to establish areas within which agricultural uses,commercial uses serving agriculture;limited commercial,institutional residential uses may be located. The Rural 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. 17.1-24 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 (a) Agricultural Uses;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. (b) Livestock facilities that do not exceed one animal unit per acre of land suitable for animal waste utilization or less 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 151,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. (c) 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. (d) Roadside stands selling only produce from the farm operation on the premises by members of the farm family. (e) One single-family dwelling. (f) Preexisting residences that were either permitted or continued residential uses under Wisconsin Statutes§97.75, 1989,may be continued in residential use and may be exempted from any limitations imposed or authorized under Wisconsin Statutes§59.69(10) (g) 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. (h) Minor home occupation,pursuant to §17.155. (2) MINIMUM LOT AREA. Lot area shall be an average of not less than two(2)acres with a minimum lot area of one and one-half(1.5)acres. Lots in a cluster subdivision authorized by an applicable town subdivision ordinance may have a minimum lot area of one(1)acre. § 17.15 (2). (Does not apply to Conservation Design Development.) (a) The minimum lot size for Conservation Design Development shall be one- half('/z)acre. (3) HEIGHT. The provisions of§17.13(3)shall apply to buildings used for human habitation. St. Croix County Zoning Ordinance 17.1-25 Subchapter II 17.10-17.21 General Zoning (4) SIDE YARD. The provisions of§17.12(14)and§17.13(4)shall apply. (5) REAR YARD. The provisions of§17.12(14)and§17.13(5)shall apply. (6) CONDITIONAL USES. The following uses may be allowed within the Rural Residential District as a conditional use upon approval of the Board of Adjustment as provided in§1'%./Qst4;4 uapl e*V11. (a) Two family dwellings. (b) Drive-in theaters. The Board of Adjustment will give special consideration to problems of traffic congestion,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,which shall not be located less than 700'from any lot line shared with property upon which a dwelling may be located. (f) Commercial Kennels (g) Quarrying or gravel pits,subject to the provisions of the nonmetallic mining ordinance. (h) Slaughterhouses,which shall not be located less than 700'from any lot line shared with property upon which a dwelling may be located. (i) Junkyard,salvage operation or storage of junk. 0) Licensed game management or fur farms as set forth in Ch.29.Wis. Stats. (k) Mobile home parks,subject to the provisions of§17.35(3)(f)of this chapter. (1) Dams,power plants,flowage areas,telephone,telegraph,cable television and power transmission towers,poles and lines,including transformers, substations,relay stations,equipment housing and other similar necessary appurtenant facilities,radio relay towers,provided that such facilities are found to be necessary and to be located as to avoid unreasonable interference with other uses permitted or existing in the district. 17.1-26 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 (m) Limited commercial recreational activities which are found to be subordinate to the primary agricultural use of the property,compatible with the agricultural use on that and surrounding properties and not likely to attract other related commercial uses. (n) Hot mix plants engaged in public highway-related projects,provided that such operations be of a temporary nature not exceeding 120 days in operation. (o) Airstrips,private or personal,subject to the procedures and standards established under§17.145(C)(8). (p) Bed and breakfast establishment,in compliance with§50.50,Wisconsin Statutes. (q) Golf course and uses incidental to a golf course,including the limited serving of food and beverages. (r) Major home occupation,pursuant to sec. 17.155. (s) Institutional and governmental uses. (t) Temporary establishment and operation of a portable ready-mix concrete plant for the production of material to be used in the construction or maintenance of public roads,to be limited in time to a specific project duration. (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 conditional use permit,if all the following minimum standards are met: 1. Wisconsin Administrative Code Chapter ATOP 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. 5. Natural Resources Conservation Service(MRCS)Conservation Practice Standard Code 590,Nutrient Management. St. Croix County Zoning Ordinance 17.1-27 General Zoning Subchapter II 17.10-17.21 17.155 HOME OCCUPATION(W[B I A h M S I R WE (1) PURPOSE. The purpose of this section is to: (a) Protect residential and agricultural areas from adverse impacts of activities associated with home occupations; (b) Permit residents of the community an opportunity to conduct a business at their place of residence;and (c) Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in the Residential, Rural Residential and Agricultural districts. (2) INTENT. The intent of this section is to provide for certain types of restricted occupational uses within the Residential,Rural Residential and Agricultural districts which: (a) Are incidental to the use of the premises as a residence or a farm; (b) Are compatible with residential or agricultural uses; (c) Are limited in extent;and (d) Do not detract from the residential or agricultural character of the neighborhood. (3) DEFINITIONS. (a) A home occupation is defined as any business or commercial activity that is conducted on property that is zoned for residential,rural residential or agricultural use. (b) A minor home occupation is a home occupation authorized by this section without a hearing or permit. (c) A major home occupation is a home occupation that is authorized as a conditional use by the Board of Adjustment under k k 4111 017.70(5)-(8). (d) A nonconforming home occupation is one which was established and maintained prior to the effective date of this section but is no longer allowed because of the application of this section or any amendment hereto. St. Croix County Zoning Ordinance 17.1-29 Subchapter II 17.10-17.21 General Zoning (4) GENERAL STANDARDS. The following standard shall apply to all home occupations: (a) The person principally responsible for the home occupation must reside at the location of the proposed home occupation. (b) All home occupations shall be clearly incidental and secondary to the use of a dwelling or accessory structure for residential or agricultural purposes,and the appearance of the structure shall not be altered or the occupation within the dwelling or accessory structure be conducted in such a manner which would cause the premises to differ from its residential or agricultural character by either the use of colors,materials,construction,lighting,signs, or the emission of sounds,noises,odors or vibrations. (c) In no case shall any home occupation be open to the public at times earlier than 8:00 a.m.nor later than 10:00 p.m. (d) A home occupation shall have adequate parking spaces available to compensate for additional parking needs generated. (e) There shall be no exterior storage of business equipment,materials, merchandise,inventory,vehicles or heavy equipment. (f) Home occupations shall not produce noise or objectionable odors,vibrations, glare,fumes or electrical interference detectable beyond the lot line of the parcel on which the home occupation is located. (g) Home occupations shall not illegally discharge any materials,fluids or gases into the sewer system or into an on-site waste disposal system nor discharge such items in violation of any applicable government code. (h) Garage sales,craft sales or other similar sales are permitted without special permit provided that they meet the following standards: 1. Sales last no longer than three days. 2. Sales are held no more than twice yearly. 3. Sales are conducted on the owner's property. Multiple family sales are permitted if they are held on the property of one of the participants. 4. No goods purchased for resale are offered for sale. 5. No consignment goods may be offered for sale. (i) Sign(s)as allowed in§§17.65 DA.b.5)and D.5.a. 17.1-30 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 (5) MINOR HOME OCCUPATIONS. (a) A home occupation shall be considered a minor home occupation that is allowed without permit or hearing,provided that said home occupation conforms to all of the following standards. I. Minor home occupations shall not be conducted in any building on the premises other than the principal dwelling. 2. No person other than a resident of the principal dwelling may be engaged or employed in a minor home occupation. 3. The area set aside for the home occupation shall not exceed twenty percent(20%)of the total floor area of such residence. 4. There shall not be conducted on the premises the selling of stocks of merchandise,supplies or products,provided that orders previously made by telephone or at a sales party may be filled on the premises. That is,the direct sale of products off display shelves or racks is not allowed,but a person may pick up an order placed earlier as described above. 5. Parties for the purpose of selling merchandise or taking orders shall not be held more than four times each month. (b) Permitted minor home occupations include,but are not limited,to the following: I. Dressmaking,sewing and tailoring; 2. Painting,sculpturing or writing; 3. Telephone answering or marketing; 4. Home crafts for sale off-site; 5. Tutoring for one student at a time; 6. Home cooking and preserving for sale off-site; 7. Computer programming,data entry or other data processing services; 8. Secretarial services. St. Croix County Zoning Ordinance 17.1-31 Subchapter II 17.10-17.21 General Zoning (6) MAJOR HOME OCCUPATIONS. (a) A major home occupation is any proposed or existing home occupation that does not meet the standards for a minor home occupation as provided in section 17.70(4)and may only be allowed in the Rural Residential and Agricultural districts. (b) A major home occupation may only be authorized as a conditional use by the Board of Adjustment following the provisions of sections 17.70(5)-(8)of this ordinance. Conditional use permits for major home occupations shall not be granted when it appears to the Board of Adjustment that the proposed home occupation will constitute a fire hazard to neighboring property owners,will adversely affect neighboring property values,or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic,noise,odors or other circumstances. (c) In order to guarantee that a major home occupation,once authorized,will not become a nuisance to the neighbors or otherwise violate these guidelines,the Board of Adjustment may impose reasonable conditions necessary to protect the public health,safety and welfare. (d) In addition to any specific conditions imposed by the Board of Adjustment, all major home occupations shall also meet all of the following standards: 1. Major home occupations must be conducted within the principal dwelling or permitted accessory structure. 2. Major home occupations may not be located within five hundred (500)feet of any preexisting neighboring residence. 3. No more than two(2)persons other than a resident of the principal dwelling may be employed or engaged in a major home occupation. 4. The area set aside for the major home occupation shall not exceed twenty percent(20%)of the total floor area of the principal dwelling. Where an accessory structure is used,the total floor area dedicated to the home occupation,including any area used in the dwelling,shall be limited to one thousand(1,000)square feet. The Board of Adjustment shall determine an appropriate maximum square footage for the specific proposed home occupation as part of its review. 5. Only merchandise directly incidental to a service provided may be displayed or sold within the dwelling or structure used for a major home occupation. 17.1-32 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 6. Major home occupations authorized in the Agricultural District must be limited to agriculturally-related activities. (e) Conditional use permits for major home occupations granted by this section shall be temporary in nature and shall be granted to a designated person who resides at the location of the home occupation. They are not transferable from person to person or from address to address. (f) Applications for major home occupation conditional use permits shall be filed in the Zoning Office with an application fee. The application shall be forwarded to the Board of Adjustment for public hearing. All such hearings shall be at public meetings of the Board of Adjustment. Legal notice shall be given to adjoining landowners as required for other conditional uses. (7) General Provisions (a) Inspections. There may be one(1)annual inspection each year of any authorized home occupation by the Zoning Administrator or his designee. In addition,the Zoning Administrator or his designee shall have the right at any time,upon reasonable request,to enter and inspect the premises for safety and compliance purposes. (d) Transfers. Should a home occupation permit holder or conditional use permit holder die or move to a new location,the existing permit shall be automatically terminated,except that,in the case of death,should a surviving spouse or child residing at the same address desire to continue the home occupation,the Board of Adjustment may authorize continuation of that permit upon written request without further hearing. (e) Revocation. Conditional use permits for a major home occupation,once granted,may be revoked by the Board of Adjustment for cause after hearing before the Board of Adjustment. All such revocations shall be administered in accordance with o4oH17.70(7)(c)5 of this (f) Abatement. Any nonconforming home occupation shall be discontinued or comply with all the applicable provisions of this section within one year after the home occupation first became nonconforming. St. Croix County Zoning Ordinance 17.1-33 Subchapter II 17.10-17.21 General Zoning 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,native or restored prairie,parks, recreation areas,wildlife habitat and other areas of aesthetic value which,because of their unique physical features,are deemed desirable to be retained for the benefit of this and future generations. The regulations of the Conservancy District are intended not only to preserve and perpetuate open space land and water areas consistent with the intent and purpose of this chapter,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) The harvesting of any wild crop such as marsh,hay,ferns,wild rice,berries, tree fruits and tree seeds. (c) Forest Management. (d) Preservation of scenic,historic,and scientific areas and wildlife areas. (e) Nonresident buildings used solely in conjunction with the raising of waterfowl,minnows and other similar lowland animals,fowl or fish. (f) Hiking and biking trails or bridle paths. (g) Accessory uses and structures. (h) Public parks,picnic areas,and similar recreational uses. (i) Signs,subject to the restrictions of§17.65. (j) Soil and water conservation practices and stream bank protection, provided that such uses do not involve structures,fill,soil or peat removal, or disruption of the natural flow of any water course or altering the natural topography. (2) CONDITIONAL USES. The following uses upon issuance of a conditional use permit as provided in§17.70(5)-(7)of this chapter.In reviewing conditional uses, the Board of Adjustment shall seek to preserve the natural character of the land for its value to wildlife,water conservation,flood control,forestry and the purposes of this district that are appropriate to the physical characteristics of the land. (a) Dams,power plants,utility uses such as,but not restricted to telecommunication facilities and power transfer stations and substations. (b) Ponds,flowages and relocation of any watercourse. (c) Filling,draining or dredging of wetlands. 17.1-34 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 (d) Removal of topsoil or peat. (e) Cultivation of agricultural crops. (f) Private parks,picnic areas,golf courses and similar recreational uses. 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 center,producing a conservation of space,savings in structural costs and improved community appearance. This district also allows as permitted uses or conditional uses certain other uses which are compatible with the primary uses and which provide convenience to customers. (1) PERMITTED USES. (a) Motels or hotels. (b) The following retail or customer service establishments,provided the business is conducted wholly within a completely enclosed building and the location,building and site plan are so grouped so as to be contiguous to one another in such a manner as to give an arcaded appearance. I. Restaurant,dinner club,drive-in food service. 2. Drug store,pharmacy,soda fountain. 3. Barber or beauty shop. 4. Notion,variety or gift shop. 5. Food products store. (2) MINIMUM LOT SIZE. There shall be no minimum lot area for this district. (3) HEIGHT. The provision of§17.13(3)shall apply. (4) SIDE YARD. There shall be a side yard of not less then 10'on each side of a building hereafter erected or moved. (5) REAR YARD. There shall be a rear yard of not less than 20'in depth. (6) ACCESS TO CLASS A HIGHWAY. There shall be no more than 2 points of ingress or egress from a Class A or B highway to a service road serving the Restricted Commercial District. (6) CONDITIONAL USES. Service stations,tire and battery service. St. Croix County Zoning Ordinance 17.1-35 Subchapter II 17.10-17.21 General Zoning 17.18 COMMERCIAL DISTRICT. (1) PURPOSE. a. The Commercial District is established to provide for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of rural residents and other businesses. b. This district will provide sufficient space in appropriate locations for certain commercial and other non-residential uses while affording protection to surrounding properties from excessive noise,traffic,drainage,or other potential nuisance factors. c. This district also protects those locations in which a variety of compatible commercial uses may be located. Within this district most residential development and manufacturing and industrial 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. d. This district and the uses in the district shall reflect the goals,objectives and policies regarding commercial cial uses and development in the St_('roix�,`ounly g p b 5 2012 and St.Croix County llrl�rn,A��fl�n�1�°�,�I�n�tiro�u� Development Management Plan,adopted March,2000. (2) GENERAL STANDARDS. The following standards shall apply to all commercial uses,whether permitted or permitted with a conditional use permit: a. Minimum road rights-of-way shall be 80 feet unless the right-of-way pre-exists adoption of this ordinance. 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. Wastewater and water systems shall be sufficient to service the proposed uses. 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. All lighting must be the minimal amount needed for safety and security and must be downward directed and shielded away from neighboring properties to prevent glare. g. Specifications for 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 percent of the area within the property lines of each lot shall be devoted to landscape purposes. 17.1-36 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 It. 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. i. Architectural control and appearance consistent with rules or guidelines adopted by the county or local community shall be followed. j. All roads,walks,driveways,parking lots and loading areas shall be paved. Roads shall meet design standards approved by the County Highway Department. k. Cross easements where commercial lots are side-by-side to allow linking of parking areas may be required for traffic safety reasons. 1. 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. m. Site plans and facility plans shall be submitted to the Zoning Administrator. (3) PERMITTED USES. The following uses shall be permitted: a. Barber,Hair Salon or Beauty Shop b. Greenhouse/Nursery Wholesale c. Garden Center d. Group Day Care e. Indoor Maintenance and Repair of Goods and Equipment f. Retail Sales and Services less than 2500 s.f. g. Self-Storage Facility It. Wireless Communication Service and Other Transmission Facilities as specified in S,44-,. �, §§17.80--17.90. (4) MINIMUM LOT AREA. Lot area shall be an average of not less than two(2)acres with a minimum lot area of one and one-half(1.5)acres. (5) HEIGHT.No building shall be more than 2%stories or 35 feet in height,whichever is greater,with height measurements commencing at the level of the lowest usable floor(basement or ground story). (6) SIDE YARD. There shall be a side yard on each side of a building. a. The aggregate width of the side yards for the main building shall not be less than 25 feet and no single side yard shall be less than 10 feet wide. The side yard for a main building on a commercial lot that abuts a residential area shall be 50 feet. The highway setback regulations in§17.60 shall apply to all comer lots. b. For lots less than 80 feet wide and of record as such on the effective date of this section, 17.18,the aggregate width of the side yards shall be equivalent to 3 St. Croix County Zoning Ordinance 17.1-37 Subchapter II 17.10-17.21 General Zoning inches for each foot of the lot width and no single side yard shall be less than 40 percent of the aggregate width. The buildable width of any such lot shall not be reduced to less than 24 feet. c. The minimum permitted side yard for an accessory building shall be 5 feet, provided it is detached from the main building. The side yard for an accessory building on a commercial lot that abuts a residential area shall be 20 feet.When an accessory building is attached or connected to the main building,they shall be considered to be as one and the conditions in par.a.above shall apply. d. A detached accessory building shall be separated from other buildings by a minimum of 10 feet,measured from edge of roof overhang to edge of roof overhang. (7) REAR YARD. a. There shall be a rear yard of not less than 25 feet in depth for any main building. The rear yard for a main building on a commercial lot that abuts a residential area shall be 50 feet. There shall be a minimum rear yard of not less than 5 feet for accessory buildings.The rear yard for an accessory building on a commercial lot that abuts a residential area shall be 20 feet. b. Accessory buildings shall be 10 feet from other buildings,measured from edge of roof overhang to edge of roof overhang. (8) FRONT YARD/HIGHWAY SETBACK. The provisions of§17.60 shall apply. (9) CONDITIONAL USES. The following uses are allowed with a conditional use permit subject to the standards in§17.18(10),approval by the St.Croix County Board of Adjustment as provided in§17.70(5)--(7),and approval of the town board of the town where the proposed use is located: a. Agricultural Business b. Automotive Service,Repair&Towing c. Bar or Tavern d. Car Wash e. Convenience Store/Gasoline Retail f. Contractor Sales and Service g. Contractor's Storage Yard It. Dealerships:Motor Vehicles, Off-road Vehicles,Watercraft&Implement i. Drug Store/Pharmacy j. Financial or Investment Institution k. Food Products/Grocery Sales 1. Funeral Home m. Horse Production,Commercial n. Indoor Recreation Facility 17.1-38 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 o. Institutional p. Commercial Kennel q. Laundry: Cleaning or Dyeing r. Liquor Sales s. Lodging:Bed and Breakfast,Boarding House,Lodging House,Hotel or Motel t. Non-Residential Health Care Facility u. Outdoor Recreation Facility v. Professional Office w. Propane Storage and Distribution x. Recycling Facility y. Restaurant z. Retail Sales and Services Equal or Greater Than 2,500 s.f. aa. Theater,Movie or Performing Arts bb.Vet Clinic cc. Wireless Communication Service and Other Transmission Facilities as specified in 4+])ohap1e*V111 §§17.80--17.90. (10) CONDITIONAL USE STANDARDS. a. In reviewing a conditional use permit application,the Board of Adjustment shall consider the following: L 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. 2. The effect on property values and scenic views in the surrounding area. 3. Drainage. 4. Erosion control. 5. Environmental effects. 6. How the proposed use relates to any adopted County or town comprehensive plan. 7. The Board of Adjustment will consider such factors as smoke;dust; noxious or toxic liquids,gases or odors;noise;glare;vibration;heavy vehicular traffic;and increased traffic on the public streets. b. Road standards for commercial developments may be adjusted by the Board of Adjustment. An adjustment of these standards will be based on relevant information such as Town plan or road standards,driveway widths,speed limit, number and types of vehicles using the road,parking availability,sound St. Croix County Zoning Ordinance 17.1-39 Subchapter II 17.10-17.21 General Zoning engineering judgment,and any other pertinent information. The County Highway Department shall review road plans and submit comments. c. If the Board of Adjustment grants the conditional use permit,it shall impose conditions pursuant to§17.70(7). (11) NONCONFORMING USES. a. Any uses that legally exist at the time of enactment of this section may continue as a legal nonconforming use but may not be expanded or altered. (12) USES NOT LISTED. a. A use not specifically identified as a permitted use or a conditional use may still be permitted as a conditional use if sufficiently similar in nature and impact to a permitted use or a conditional use. b. An applicant shall submit all proofs or verification that he/she believes shows that the proposed use is similar to another permitted or conditional use and could be allowed. c. The Zoning Administrator shall initially determine if a proposed use is similar to another permitted or conditional use in the commercial district and could be allowed. d. If the Zoning Administrator determines that the proposed use could be allowed an application for a conditional use permit shall be submitted to the Board of Adjustment. e. If the Zoning Administrator determines that the proposed use should not be allowed,then the proposed use shall be denied and the applicant notified in writing. Such a determination may be appealed to the Board of Adjustment as an appeal of an administrative decision. f. Uses regulated by the State of Wisconsin and exempt from local control,are permitted subject to state regulations. 17.19 INDUSTRIAL DISTRICT. (1) PURPOSE. a. The Industrial District is created to provide a means for the location of production,processing,assembly,warehousing and distribution uses. b. This district will provide sufficient space in appropriate locations for certain industrial uses while affording protection to surrounding properties from excessive noise,traffic,drainage,or other potential nuisance factors and air, water or thermal pollution or any other environmental degradation. c. This district also protects those locations in which a variety of compatible industrial uses may be located. Residential and institutional uses which would not be compatible with the permitted industrial uses and which would impede 17.1-40 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 the development of industrially zoned lands for industrial purposes are prohibited. d. This district and the uses in the district shall reflect the goals,objectives and policies regarding industrial uses and development in the St. Croix County Development Management Plan,adopted March,2000. (2) GENERAL STANDARDS. The following standards shall apply to all industrial uses,whether permitted or permitted with a conditional use permit: a. Minimum road rights-of-way shall be 80 feet unless the right-of-way pre-exists adoption of this ordinance. 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. Wastewater and water systems shall be sufficient to service the proposed uses. 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. All lighting must be the minimal amount needed for safety and security and downward directed and shielded away from neighboring properties to prevent glare. g. Specifications for 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 percent of the area within the property lines of each lot shall be devoted to landscape purposes. h. 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. i. Architectural control and appearance consistent with rules or guidelines adopted by the county or local community shall be followed. j. All roads,walks,driveways,parking lots and loading areas shall be paved. Roads shall meet design standards approved by the County Highway Department. k. Cross easements where industrial lots are side-by-side to allow linking of parking areas may be required for traffic safety reasons. 1. 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 St. Croix County Zoning Ordinance 17.1-41 Subchapter II 17.10-17.21 General Zoning any other pertinent information. The County Highway Department shall review road plans and submit comments. m. Site plans and facility plans shall be submitted to the Zoning Administrator. (3) PERMITTED USES. The following uses shall be permitted: a. Contractor's Storage Yard b. Light Industry c. Truck Service,Repair&Towing d. Warehousing and Distribution<20,000 s.f. e. Wholesaling Goods and Services f. Wireless Communication Service and Other Transmission Facilities as specified in 4+])ohap1e*V111 §§17.80--17.90. (4) MINIMUM LOT AREA. Lot area shall be an average of not less than two acres with a minimum lot area of one and one-half(1.5)acres. (5) HEIGHT.No building shall be more than 2 1/z stories or 35 feet in height,whichever is greater,with height measurements commencing at the level of the lowest usable floor(basement or ground story). (6) SIDE YARD. There shall be a side yard on each side of a building. a. The aggregate width of the side yards for the main building shall not be less than 25 feet and no single side yard shall be less than 10 feet wide. The side yard for a main building on an industrial lot that abuts a residential area shall be 100 feet. The highway setback regulations in§17.60 shall apply to all comer lots. b. For lots less than 80 feet wide and of record as such on the effective date of this section, 17.19,the aggregate width of the side yards shall be equivalent to 3 inches for each foot of the lot width and no single side yard shall be less than 40 percent of the aggregate width. The buildable width of any such lot shall not be reduced to less than 24 feet. c. The minimum permitted side yard for an accessory building shall be 5 feet, provided it is detached from the main building.The side yard for an accessory building on an industrial lot that abuts a residential area shall be 20 feet. When an accessory building is attached or connected to the main building,they shall be considered to be as one and the conditions in par.a.above shall apply. d. A detached accessory building shall be separated from other buildings by a minimum of 10 feet,measured from edge of roof overhang to edge of roof overhang. (7) REAR YARD. a. There shall be a rear yard of not less than 25 feet in depth for any main building. The rear yard for a main building on an industrial lot that abuts a residential area shall be 100 feet. There shall be a minimum rear yard of not less than 5 feet for accessory buildings.The rear yard for an accessory building on an industrial lot that abuts a residential area shall be 20 feet. 17.1-42 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 b. Accessory buildings shall be 10 feet from other buildings,measured from edge of roof overhang to edge of roof overhang. (8) FRONT YARD/HIGHWAY SETBACK. The provisions of§17.60 shall apply. (9) CONDITIONAL USES. The following uses are allowed with a conditional use permit subject to the standards in§17.19(10),approval by the St.Croix County Board of Adjustment as provided in§17.70(5)--(7),and approval of the town board of the town where the proposed use is located: a. Agriculture Products Processing b. Heavy Industry c. Salvage Operation/Junk Yard or Salvage Yard d. Forest Products Processing e. Solid Waste Processing or Transfer f. Transportation/Motor Freight Terminal g. Warehousing and Distribution>20,000 s.f. It. Wireless Communication Service and Other Transmission Facilities as specified in 4+])ohap1e*V111 §§17.80--17.90. (10) CONDITIONAL USE STANDARDS. a. In reviewing a conditional use permit application,the Board of Adjustment shall consider the following: L 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. 2. The effect on property values and scenic views in the surrounding area. 3. Drainage. 4. Erosion control. 5. Environmental effects. 6. How the proposed use relates to any adopted County or town comprehensive plan. 7. The Board of Adjustment will consider such factors as smoke;dust; noxious or toxic liquids,gases or odors;noise;glare;vibration;heavy vehicular traffic;and increased traffic on the public streets. b. Road standards for industrial developments may be adjusted by the Board of Adjustment. An adjustment of these standards will be based on relevant information such as Town plan or road standards,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. St. Croix County Zoning Ordinance 17.1-43 Subchapter II 17.10-17.21 General Zoning c. If the Board of Adjustment grants the conditional use permit,it shall impose conditions pursuant to§17.70(7). (11) NONCONFORMING USES. a. Any uses that legally exist at the time of enactment of this section may continue as a legal nonconforming use but may not be expanded or altered. (12) USES NOT LISTED. a. A use not specifically identified as a permitted use or a conditional use may still be permitted as a conditional use if sufficiently similar in nature and impact to a permitted use or a conditional use. b. An applicant shall submit all proofs or verification that he/she believes shows that the proposed use is similar to another permitted or conditional use and could be allowed. c. The Zoning Administrator shall initially determine if a proposed use is similar to another permitted or conditional use in the industrial district and could be allowed. d. If the Zoning Administrator determines that the proposed use could be allowed an application for a conditional use permit shall be submitted to the Board of Adjustment. e. If the Zoning Administrator determines that the proposed use should not be allowed,then the proposed use shall be denied and the applicant notified in writing. Such a determination may be appealed to the Board of Adjustment as an appeal of an administrative decision. f. Uses regulated by the State of Wisconsin and exempt from local control,are permitted subject to state regulations. 17.1-44 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 17.20 ADULT ENTERTAINMENT OVERLAY(� ll�'X 221-DISTRICT(61.(2.)_ (1) Intent. It is the intent of this()ft1inaRH.—,,djs1ric1;.to protect the health,safety,general welfare and morals of the residents of St.Croix County,to preserve the quality of family life,to preserve the rural and urban characteristics of its neighborhoods in St. Croix County and to prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods. Being mindful of the effects of adult entertainment upon minors and the criminal activity and disruption of public peace associated with such establishments,while also giving due consideration to civil rights of persons partaking in such entertainment,it is the intent of this section to regulate the location of such establishments of adult entertainment. By the enactment of this ordinance,the St.Croix County Board of Supervisors does not intend to give any explicit,implicit or tacit approval or condone any activity relating to adult entertainment. (2) Definitions. For the purpose of this section: "Specified sexual activities"is defined as: (a) Human genitals in a state of sexual stimulation or arousal; (b) Acts of human masturbation,sexual intercourse or sodomy; (c) Fondling or other erotic touching of human genitals,pubic region,buttock or female breast; (d) Flagellation or torture in the context of a sexual relationship; (e) Masochism,erotic or sexually oriented torture,beating or the infliction of pain; (f) Erotic touching,fondling or other such contact with an animal by a human being;or (g) Human excretion,urination,menstruation,vaginal or anal irrigation as part of or in connection with any of the activities set forth in(a)through(f) above. "Specified anatomical areas"is defined as: (a) Less than completely and opaquely covered human genitals,pubic region, buttocks,anal region or female breast below a point immediately above the top of the areola;or (b) Human male genitals in a discernibly turgid state even if completely and opaquely covered. St. Croix County Zoning Ordinance 17.1-45 Subchapter II 17.10-17.21 General Zoning "Adult establishments"includes bookstores,motion picture theaters,mini motion picture theaters,bath houses,massage parlors,modeling studios,body painting studios,cabarets,and video stores and are more specifically defined as: (a) Adult bookstore. An establishment having as a substantial or significant portion of its stock-in-trade in books,magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting,describing or relating to"specified sexual activities"or"specified anatomical areas" as defined herein or an establishment with a segment or section devoted to the sale or display of such material. (b) Adult motion picture theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting,describing or relating to"specified sexual activities"or"specified anatomical areas" as defined herein for observation by patrons therein. (c) Adult motion picture theater. (outdoor). A parcel of land from which individuals may view a motion picture presented out of doors which present material distinguishably characterized by an emphasis on matter depicting, describing or relating to"specified sexual activity" or"specified anatomical areas". (d) Adult mini-motion picture theater. An enclosed building with a capacity for less than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting,describing or relating to "specified sexual activities"or"specified anatomical areas" as defined herein for observation by patrons therein. (e) Adult bath houses. As establishment or business which provides the services of baths of all kinds,including all forms and methods of hydrotherapy,that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in "specified sexual activities"as defined in this ordinance. (f) Adult massage parlors. An establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation,including exercises,heat and light treatments of the body,and all forms and methods of physiotherapy,not operated by medical practitioner or professional physical therapist licensed by the State of Wisconsin and which establishment provides for its patrons the opportunity to engage in"specified sexual activity" as defined in this ordinance. (g) Adult modeling studios. An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly 17.1-46 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 or partially in the nude by means of photography,painting,sketching, drawing or otherwise. (h) Adult body painting studios. An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this ordinance,the adult body painting studio shall not be deemed to include a tattoo parlor. (i) Adult Cabaret. An establishment or business which features male and/or female topless and/or bottomless dancers,go-go dancers,exotic dancers, strippers,burlesque shows,male or female impersonators,or similar entertainers. (j) Adult novelty shop. An establishment or business having as a substantial or significant portion of its stock-in-trade in novelty or other items which are distinguished or characterized by their emphasis on,or designed for, "specified sexual activity"as defined herein or stimulating such activity. (k) Adult video store. An establishment having as a substantial or significant portion of its stock and trade in videotapes for sale or rent which are distinguished or characterized by their emphasis on matter depicting, describing or relating to"specific sexual activities" or"specified anatomical areas" as defined herein or an establishment with a segment or section devoted to the sale,display or rental of such material. (3) Adult Entertainment District. So as to ensure a maximum benefit to the community and a minimum impact upon existing and future uses of land there is hereby created an Adult Entertainment Overlay District which,subject to the standards set forth in the Ordinance may be used for an adult establishment as defined herein except as may be prohibited in section 17.20(8). (4) Principal Uses. No principal uses shall be permitted as a matter of right in the Adult Entertainment Overlay District. All uses shall be conditional uses. (5) Conditional Uses. (a) Adult Bath Houses (b) Adult Body Painting Studios (c) Adult Bookstores (d) Adult Cabarets (e) Adult Massage Parlors (f) Adult Mini-motion Picture Theaters St. Croix County Zoning Ordinance 17.1-47 Subchapter II 17.10-17.21 General Zoning (g) Adult Modeling Studios (h) Adult Motion Picture Theater (i) Adult Motion Picture Theater(outdoor) 0) Adult Novelty Shops (k) Adult Video Stores (6) Underlying District Standards. Lot area and width,building height and area,yard and sanitary sewer system requirements in the underlying district shall be complied with in the Adult Entertainment Overlay District. (7) Procedure for Establishing Adult Entertainment District. (a) A petition to amend the County Zoning Ordinance to establish an Adult Entertainment District petitioning and an application for a conditional use permit shall be filed with the County Planning and Development Committee. The committee shall refer each application to the Town Board of Supervisors of the town wherein the property seeking to be zoned is located which Town Board of Supervisors shall review and make a recommendation regarding such petition and application. The County Planning and Development Committee shall make a recommendation to the County Board of Supervisors regarding the petition for amending the County Zoning Ordinance,but not until it has received a recommendation from the Town Board of Supervisors,or until such time as the Town Board of Supervisors has failed to act within a reasonable time after a referral of an application. The procedure set forth in section 59.97(5)(e)3 of the Wisconsin Statutes and section 17.72 of this ordinance shall be followed. In addition,those requirements set forth in section 17.70(7)of this ordinance relating to the issuance of a conditional use permit shall be adhered to. No Adult Entertainment Overlay District shall be created which does not substantially comply with the standards set forth in this ordinance. (b) A petition to amend the County Zoning Ordinance to establish an Adult Entertainment Overlay District must be accompanied by three copies of the proposed site plan prepared by a certified land surveyor or planner in addition to any other information required under section 17.72(2)of this ordinance. (c) The County Planning and Development Committee shall within a reasonable time after a receipt of the recommendation of the Town Board of Supervisors,review the petition and application in accordance with the requirements of this Ordinance. After such review,the Planning and Development Committee shall make a recommendation to the St.Croix County Board of Supervisors in accordance with section 59.97(5)(e)3 of the Wisconsin Statutes. Such recommendation may approve,disapprove or 17.1-48 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 approve subject to modifications the petition for zoning,and shall include a written statement of the Committee's findings. No petition for an Adult Entertainment Overlay District shall be approved by the Committee and County Board unless,however,the following findings have been made: 1. That all the standards and requirements in this Ordinance will be met by the proposed use. 2. That the proposed use will not be a detriment to the public welfare. 3. That the proposed zoning is consistent with the general intent of any comprehensive plan in existence. 4. That the existing streets and utility services are adequate for the proposed use. 5. That the proposed use will in no substantial way contribute to the deterioration of the surrounding neighborhood. 6. That the presence of the proposed use will not have a harmful influence on children residing in or frequenting the area. (8) Standards for Adult Entertainment Uses. In addition to all other applicable requirements of this Ordinance,all adult entertainment uses shall meet the following standards: (a) The Adult Entertainment Overlay District shall only be established in situations in which the underlying district is a Commercial or Restricted Commercial District. 1. No adult entertainment use shall be permitted within 500 feet of the center of any of its public entrances to the center of any public entrance to any establishment serving or selling alcoholic beverages, and vice versa,or within 2,000 feet of the center of any public entrance to a school,library,church,park,playground or daycare facility. The distance shall be measured along the shortest route along the street or highway between the points where lines perpendicular to the centers of the public entrances intersect with the street or highway. 2. No adult entertainment use shall be permitted within 1,000 feet of property zoned Residential or Rural Residential,or within 1,500 feet of any property zoned AG-1 or AG-2. The distance shall be measured from the center of any public entrance of the adult entertainment use in a straight line to the closest point of the other property. (b) There shall be no sale of intoxicating beverages in the Adult Entertainment Overlay District. St. Croix County Zoning Ordinance 17.1-49 Subchapter II 17.10-17.21 General Zoning (c) Signs advertising any of the adult entertainment uses defined herein shall conform with§17.65. (d) Adequate parking shall be provided in a lighted area. (e) There shall be no pornographic displays or signs depicting specified sexual activities or specified anatomical areas in display windows on the premises. (f) The owner and/or operator of the adult entertainment establishment shall comply with all federal,state and local laws and ordinances,including obscenity,liquor and cabaret laws,and shall further ensure that minors are not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited. (g) In the case of adult cabarets,the hours of operation for such establishments shall be limited to the same hours of operations for bars and taverns within that community within which the district is located. (h) In the case of outdoor adult motion picture theaters,the establishment shall confine its hours of operation to those hours of operation established for bars and taverns within the community within which the establishment is located. Outdoor adult motion picture theaters shall also have the viewing screen located in such a fashion as to not be visible from any road,street or highway or residence and the premises shall be surrounded by solid fencing at least eight feet in height. All theaters shall comply with section 134.46 of the Wisconsin Statutes. (i) Prior to the establishment of an Adult Entertainment Overlay District,an inventory of the surrounding area and population shall be made along with a study of the proposed development and plans for the area so as to enable the Planning and Zoning Committee to make appropriate findings relative to the effect of the establishment of such a district in that area. (j) The owner of the parcel upon which the adult entertainment use is to be established and the operator of the establishment and owner of the establishment shall appear in person before the Planning and Zoning Committee. (k) In the event of non-compliance with any conditions imposed on the adult entertainment use,the conditional use permit may be revoked,the Adult Entertainment Overlay District may be abolished by the Committee,and the parcel shall revert to its underlying zoning. 17.1-50 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 17.21 CONSERVATION DESIGN DEVELOPMENT OVIJ UAY MS llRW (1) PURPOSE.The purposes of Conservation Design Development(CDD)are as follows: (a) To provide for the unified and planned development of clustered,residential uses io,,,a�.outside of the state certified agricultural districts,which are designed and located to reduce the perceived density of development,while still providing privacy for dwellings,and incorporate large areas of permanently protected common open space. (b) To allow for the continuation of agricultural uses in those areas best suited for such activities and when adjoining residential uses are compatible with such activities. (c) To maintain and protect St.Croix County's rural character by preserving one or more of these important landscape elements,including but not limited to those areas containing such unique and environmentally sensitive natural features as woodlands,river and stream corridors,drainageways,wetlands, closed depressions,floodplains,shorelands,prairies,ridgetops,steep slopes, critical species habitat,and productive farmland by setting them aside from development. Such areas contained in primary and secondary environmental corridors,independent environmental resources and potentially productive agricultural land,as identified by the St. Croix County Development Management Plan,are given particular significance for conservation. (d) To connect common open space areas between adjacent properties and create environmental corridors throughout the County. Areas contained in primary and secondary environmental corridors,independent environmental resources and potentially productive agricultural land,as identified by the St. Croix County Development Management Plan,are given particular significance for conservation. (e) To preserve scenic views and to minimize views of new development from existing homes and roads. (f) To provide greater design flexibility in siting dwellings and other development features than would be permitted by the application of standard use regulations in order to minimize the disturbance of rural landscape elements and sensitive areas,scenic quality,and overall aesthetic value of the landscape. (g) To increase flexibility and efficiency in the siting of services and infrastructure by altering road length,utility requirements,drainage requirements,and the amount of paving required for residential development,where possible. (h) To create groups of dwellings with direct visual and physical access to common open space. (i) To permit active and passive recreational use of common open space by residents of the development and/or the public. St. Croix County Zoning Ordinance 17.1-51 Subchapter II 17.10-17.21 General Zoning (j) To reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes. (k) To permit various means for owning common open space,preserved landscape elements,agricultural land,and to protect such areas from development in perpetuity. (1) To create a stewardship approach to common open space by requiring a land management plan for the common open space. (2) The standards in this section shall replace the underlying zoning district's standards. (3) PERMITTED USES. Land within a Conservation Design Development(CDD) may be used for the following purposes: (a) Permitted uses in the residential portion,not the common open space portion,of the Conservation Design Development: I. Single-family dwelling units and related accessory structures. 2. Parking areas where necessary to serve single-family dwellings. (b) Permitted uses in the Common Open Space portion of the Conservation Design Development shall include all uses permitted in the CONSERVANCY DISTRICT(§17.16),except§17.16(1)(e)and(g),and similar uses and golf courses. (4) CONDITIONAL USES.The following uses,upon issuance of a conditional use permit as provided in§ 17.70(7),and provided that the use shall not adversely impact the rural character of the development and shall be consistent with the design objectives listed in§ 17.21 (1),may be allowed: (a) Conditional Uses in the residential portion,not the common open space portion of the Conservation Design Development. 1. Institutional and government uses. 2. Minor home occupations. 3. Bed and breakfast establishments. 4. Attached single-family residential dwelling units of 2,3 or 4 dwelling units in one attachment. No more than 25 percent of the total number of dwelling units in the Conservation Design Development as identified in the yield plan shall be duplexes,twin homes or attached. (b) Conditional Uses in the Common Open Space portion of the Conservation Design Development. 1. Conditional Uses allowed in the CONSERVANCY DISTRICT. 2. Equestrian boarding and riding facilities available only to development residents. A 590 Nutrient Management Plan is required. 3. Swimming pools available only to development residents. (5) PROHIBITED USES. All permitted,principal,accessory and conditional uses not expressly provided for above are prohibited. 17.1-52 St. Croix County Zoning Ordinance General Zoning Subchapter II 17.10-17.21 (6) DENSITY STANDARDS. The total number of dwelling units allowed in a Conservation Design Development is referred to as the Residential Gross Density. (a) Residential Base Density. The Residential Base Density,or the base number of allowable dwelling units,is determined by the yield plan pursuant to§13.2 C.3. St. Croix County Land Division Ordinance. Existing dwellings that may or may not be part of a farmstead that will be retained shall be counted toward the base density. (b) Residential Gross Density. The Residential Gross Density,or the total number of dwelling units allowed in a Conservation Design Development, is the Residential Base Density plus 25 percent of the number of dwelling units prescribed by the Residential Base Density. CONSERVATION DESIGN DENSITTY ALL©CATICIN EXAMPLES. Base Gross Yield Plan Sample Breakdown Totals Density Density Units Mix 22—1-Family Detached 22 D.U. 18 D.U. 22 D.U. 22 S.F.D.U. 18 Lots D.U. 47 S.F.D.U. 47—1-Family Detached 47 D.U. 50 Lots 50 D.U. 62 D.U. 15 M_F.D.U. D.U. 15 D.U. 62 D.U. 5—3-Family Attached D.U. 62 D.U. 94—1 Family Detached 94 D.U. 94 S.F.D.U. D.U. 14 D.U. 100 Lots 100 D.U. 125 D.U. 31 M.F.D.U. 7—2-Family Attached D.U. 9 D.U. 125 D.U. 3—3-Family Attached D.U. 8 D.U. 2—4-Family Attached D.U. 125 D.U. .. . ......................................................................................................................... D.U.=Dwelling Units S.F.D.U.=Single Family Detached Dwelling Units M.F.D.U.=Multi Family Attached Dwelling Units St. Croix County Zoning Ordinance 17.1-53 i ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING Subchapter VII Administration and Enforcement 17.70-17.72 ST.CROIX COUNTY PLANNING AND ZONING DEPARTMENT GOVERNMENT CENTER 1101 CARMICHAEL ROAD HUDSON,W154016 715-386-4680 715-386-4686 FAX W W W.CO.SAIN T-CROIX.W L US Subsection Page No. 17.70 Administration 17.7-1 17.71 Enforcement and Penalties 17.7-14 17.72 Amendments 17.7-16 Administration and Enforcement Subchapter VII 17.70-17.72 SUBCHAPTER VII ADMINISTRATION AND ENFORCEMENT 17.70 ADMINISTRATION. (1) INTRODUCTION AND EXPLANATION. (a) This section describes how the chapter shall be administered. Subsection(2) creates and defines the County Zoning Administrator's Office. The Administrator is a County officer who advises citizens and landowners of their rights and obligations under this chapter,issues permits,makes inspections to determine compliance with this chapter,issues compliance orders and recommends legal actions to obtain compliance with this chapter. The Administrator acts under authority delegated by the County Board. (b) Subsection(3)governs permits. Septic tank permits must be obtained from the County Zoning Administrator. The County has deputized zoning administrators in each town. From these deputy administrators one can obtain building permits. (c) The deputy administrator usually makes the decision on building permits when the use for which permission is requested is listed in the chapter as a permitted use. The deputy administrator's decision on such cases can be appealed to the County Zoning Board of Adjustment. (d) Subsection(4)describes how the chapter applies to structures and uses which existed prior to the adoption of this chapter. In general,zoning is not retroactive and such uses may continue as"nonconforming uses" subject to some limitations defined by State Statutes and spelled out in this section. (e) Subsection(5)describes the Board of Adjustment. This 3-member board has 2 powers directly granted to it by the State Legislature and others granted by the County Board. The statutory duties of the Board are to hear and decide appeals from decisions of the Administrator or deputy and to consider variances from the strict requirements of this chapter where a unique hardship exists and where a waiver of the strict rule of the chapter can be granted without destroying the purpose. (f) The County Board has granted to the Board of Adjustment the tasks of deciding disputes about zoning district boundaries and deciding whether to approve conditional uses. (g) Subsection(7)deals with conditional uses. These are labeled as conditional uses in subchapters II,III and IV,of this chapter. They are called conditional uses and made subject to review by the Board of Adjustment,as contrasted with permitted uses that are decided by the deputy administrators because their nature and the impact of the proposed use change is more complex,requiring an individual look St. Croix County Zoning Ordinance 17.7-1 Subchapter VII 17.70-17.72 Administration and Enforcement at the precise situation. An application for a conditional use comes before the Board of Adjustment which holds a public hearing,applies standards found in this section or in subchapters II,III,and IV and decides whether or not to approve the application. The Board may impose conditions on a conditional use as well as on a variance. (2) ZONING ADMINISTRATOR. (a) Created. There is hereby created the office of County Zoning Administrator with the powers and duties set forth in par. (b)below. (b) Powers and Duties. The Zoning Administrator shall: I. Advise Applicants. Advise applicants for permits as to the provisions of the chapter and assists them in preparing applications. 2. Issue Permits. Issue permits as provided in sub. (3). 3. Keep Records. Keep records of all permits issued,inspections made, work approved and other official actions. 4. Determine District Boundaries. Determine questions of the exact location of district boundaries. 5. Inspect Water and Sewage Systems. Inspect new and existing water and sewage systems to determine compliance with applicable ordinances. 6. Making On-site Investigations of Subdivisions. Make on-site investigations required for subdivision administration as provided in Ch. 18. 7. Access to Premises for Inspection Purposes. Have access to any structure or premises for the purpose of performing his duties. This power shall be exercised at a reasonable hour and after a 24-hour notice. 8. Procedures in Case Violations. a. In the case of a violation of this chapter,notify the person responsible for such violation,indicating the nature of the violation and ordering the action necessary to correct it. b. The Zoning Administrator shall also report all violations to the comprehensive Parks,Planning and Zoning Committee of the County Board. The Zoning Administrator is also authorized to report the violation to the District Attorney and to sign a complaint. 9. Deputy Zoning Administrators. Administration and Enforcement Subchapter VII 17.70-17.72 a. There is hereby created the office of deputy zoning administrator. There shall be one deputy zoning administrator for each town in St. Croix County. The town board of each town shall designate one representative for this assignment. The County Zoning Administrator shall keep a current roster of deputies and shall generally oversee the activities of such deputies. b. Building permits for buildings and nonstructural land uses which are not connected to a private sewerage disposal system may be issued by the deputy zoning administrator without referral to the County Zoning Administrator. The County Zoning Administrator shall, however,be sent a copy of the application immediately after its receipt by the deputy. Permit applications for buildings which require a private sewerage disposal system shall be sent by the deputy zoning administrator to the County Zoning Administrator. The County Zoning Administrator shall determine whether the application involves a parcel that was created in compliance with County ordinances and shall review the application against all applicable setback and sanitary regulations and shall make an inspection. C. Following such review and inspection,if the parcel is found to have been legally created and if all applicable setback and sanitary requirements are deemed to be satisfied,the County Zoning Administrator shall issue a septic tank permit and shall give written approval to issuance of a building permit. Upon transmittal of such septic tank permit and the approved application back to the deputy zoning administrator,the deputy shall issue a building permit. Building permits issued without compliance to this section shall have no legal effect. (3) ZONING AND SEPTIC TANK PERMITS. (a) When a Permit is Required. A permit issued by the County Zoning Administrator or deputy zoning administrator shall be secured prior to: I. The Erection,Addition or Alteration of any Building,Structure or Portion Thereof. A permit for such activity shall be known as a County building permit and may be issued by the deputy zoning administrator in each town. 2. The Construction or Structural Alteration of any Private Sewerage System. This permit shall be known as a septic tank permit and shall be issued by the County Zoning Administrator. (b) Application for a Permit. St. Croix County Zoning Ordinance 17.7-3 Subchapter VII 17.70-17.72 Administration and Enforcement 1. Application for permits shall be made to the office of the Zoning Administrator or deputy upon forms furnished by the Zoning Administrator. 2. All applications shall contain the following data: a. Name and address of the applicant and the owner of the property. b. Legal description of the property,volume and page of the records of the St.Croix County Register of Deeds at which is located the recorded legal description of the parcel in the form of a plat or survey map,deed or similar instrument and type of proposed use. C. A sketch of the dimensions of the lot and location of any buildings from the lot lines,centerline of abutting watercourse and water marks at the day of the sketch. 3. Where a private water or sewerage system is to be installed,the application shall contain the following information in addition to that required above: a. Type of proposed installation. b. Name of person in charge of installation and any State license held by such person. C. Type of occupancy,number of occupants or patrons and estimated water consumption. d. Size and location of the proposed sewerage disposal system. e. A sketch showing: • Location of wells,streams,lakes,buildings,privies and septic tank systems within 100'of the proposed sewage disposal site. • The location of all percolation test holes and report of each test and soil boring as run by a sanitary technician. • 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 proposed 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 storage materials. This shall be in addition to that required by pars. (b)2.and 3. above. Administration and Enforcement Subchapter VII 17.70-17.72 5. Applications which are found by the County Zoning Administrator on the basis of slope indications on the application,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 compliance 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 conditional uses 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. Temporary Occpancy Permits. Any other provisions to the contrary notwithstanding,no person shall place,occupy or use a trailer,van,mobile home,recreational vehicle,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 occupancy. However,the owner of a parcel who holds a valid building permit and sanitary permit for construction of a principal structure may apply for and obtain approval by a Land Use Permit,issued by the St.Croix County zoning office,for temporary placement and occupancy of a travel trailer or manufactured home during construction on condition of connecting such unit to the use of a legal sanitary system. The Zoning Office shall send a copy of the Land Use Permit to the town wherein the lot is located. All residential occupancy of the travel trailer or manufactured home shall cease when the principal home is capable of occupancy. Additionally,when the residence becomes occupied,the manufactured home shall be removed from the property. Temporary occupancy shall not exceed one year,unless an extension is granted by the St.Croix County zoning office. St. Croix County Zoning Ordinance 17.7-5 Subchapter VII 17.70-17.72 Administration and Enforcement (4) NONCONFORMING USES&STRUCTURES. (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 more restricted classification. 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. 3. No structural alteration,addition or repair to any nonconforming structure over the life of the structure shall exceed 50%of its market value at the time of its becoming a nonconforming use,unless the structure is permanently changed to a conforming use. The value of alterations,additions and repair work shall include the value of all labor and material,even if contributed or provided without cash outlay. 4. a. Damaged or destroyed nonconforming structures maybe restored Formatted:Indent:Left: 1.25",Hanging: to the size,location and use that they had immediately before the 0.38",Don't adjust space between Latin and damage or destruction occurred,without limitation as to the costs of Asian teat repair reconstruction,or improvement,if all of the following a pply: 11 A band Use hei7111t per§17.70(3)is required. Formatted:Indent:Left: 2",Tab stops: 2) The nonconforming structure was damaged or destroyed after-� Left+Not at 1.63" March-2,2006. Formatted:Indent:Left: 1.63",Tab stops: 3) '1 damage or destruction was caused by violent wind, 2.5",Left+Not at 1.63" vandalism fire flood ice snout mold or infestation. Formatted:Indent:Left: 1+N Hanging: 0.38",Tab stops: 2.5",Left+Not at 1.63" 4) A land owner has demonstrated by a permit a plication and approval the scope,nature and extent of the damage done as well as the dimensions of the dammed structure and proposed restoration. 51 Repair and reconstruction are limited to that part of a structure and its specific improvements which were actually damaged and similar building materials are employ 6) Repair and reconstruction are in compliance with ap lire cable provisions of this ordinance and other County, State and Federal requirements. b. The size of a structure shall be allowed to be larger than the size it Formatted:Indent:Left: 1.25",Hanging: was immediately before the damage or destruction,if necessary for the 0.38" structure to comply with applicable County, State or Federal requirements. Administration and Enforcement Subchapter VII 17.70-17.72 0 5. If any nonconforming use is discontinued for 12 consecutive months,any future use of the structure or premises shall conform to this chapter. 6. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. 7. Except as provided in subpar.6. above,any use which has been permitted as a conditional use shall not be considered a nonconforming use. 8. Maintenance and repair of nonconforming boat houses which are located below the ordinary high water mark of any navigable waters shall comply with the requirements of§30.121,Wis. Stats. (5) BOARD OF ADJUSTMENT. (a) Authorization and Composition. The County Board Chairman shall appoint a Board of Adjustment consisting of 3-5 members and 2 alternates. All appointments shall be subject to confirmation by the County Board. (b) Procedural Rules. I. The Board of Adjustment shall select its own chairman and meet at the call of the chairman and at such other times as the Board may determine,at a fixed time and place. 2. All meetings of the Board of Adjustment shall be open to the public. 3. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question,or if absent or failing to vote, indicating such fact,and shall keep records of its examinations and other official actions,all of which shall be immediately filed in the office of the Zoning Administrator as a public record. 4. In the case of all appeals,the Board of Adjustment shall solicit and weigh information and comments from the County Comprehensive Parks,Planning and Zoning Committee. (c) Powers and Duties. The Board of Adjustment shall: 1. Adopt such rules as it considers desirable for the conduct of business, subject to the provisions of this section and relevant State Statutes. St. Croix County Zoning Ordinance 17.7-7 Subchapter VII 17.70-17.72 Administration and Enforcement 2. Hear and decide appeals where it is alleged there is error in any order, requirement,decision or determination made by an administrative official in the enforcement or administration of this chapter. All such appeals shall be governed by the provisions of sub.(6). 3. Grant variances from the strict terms of this chapter as will not be contrary to the public interest,where owing to special conditions a literal enforcement of the chapter will result in unnecessary hardship so that the spirit of the chapter shall be observed and substantial justice done. Variances shall be granted only subject to the provisions of sub.(6). No variance shall have the effect of allowing in any district uses not permitted in that district. 4. Grant conditional uses as provided in sub.(7). 5. Whenever there is a dispute over the exact boundary of a district,the Board shall decide the matter as an appeal. Where boundary disputes concern floodplains,the regional flood elevation for the point in question shall be the governing factor in locating the floodplain boundary on the land. The person contesting the matter shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence,if he so desires. (6) PROCEDURES. (a) Appeals from Actions of Administrative Officials. Appeals to the Board of Adjustment may be taken by any person aggrieved or by the officer,department,board or committee of the County affected by the decision of the Zoning Administrator or a deputy zoning administrator. Such appeal shall be taken within a reasonable time,as provided by the rules of the Board,by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken. (b) StM AMeals from Administrative Actions. An appeal shall stay all legal proceedings in furtherance of the action appealed from,unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him,that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such cases,proceedings shall not be stayed otherwise than by a restraining order from the Board of Adjustment or a court of law. (c) Hearings on AMeals,Variances,Conditional Uses. Upon the filing with the Board of an appeal from a decision of the Zoning Administrator or deputy administrator,an application for a conditional use or a variance,the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and publish a Class 2 notice under Ch.985,Wis. Stats.,as well as giving due notice by mail to all 12/19/274 8 Administration and Enforcement Subchapter VII 17.70-17.72 the parties in interest. When the matter concerns the shoreland or floodplain regulations the Board shall submit to the Department of Natural Resources a copy of the notice and application for the proposed variance or conditional use sufficiently in advance so that the Department of Natural Resources will receive at least 10 days notice of the hearing. At the hearing any party may appear in person or by agent or attorney and present written and oral evidence for the record. (d) Decisions on AMeals,Variances or Conditional Uses. The Board shall arrive at a decision on such appeal,conditional use or variance within a reasonable time. In passing upon an appeal the Board may,so long as such action is in conformity with the provisions of this chapter,reverse or affirm,wholly or in part,or modify the order, requirement,decision or determination appealed from and it shall make its decision in writing setting forth the findings of fact and the reasons for its decision. A copy of all decisions granting variances or conditional uses affecting any provision of the shoreland or floodplain regulations shall be forwarded to the Department of Natural Resources within 10 days of such action. (e) A variance shall not: I. Grant, extend or increase any use prohibited in the zoning district. 2. Be granted for a hardship based solely on an economic gain or loss. 3. Be granted for a hardship which is self-created. 4. Damage the rights or property values of other persons in the area. 5. Allow actions without the appropriate amendments to this ordinance or its associated map(s) 6 Allow any alteration of an historic structure,including its use,which would preclude its continued designation as an historic structure. (f) Conditions Attached to Variances. In granting a variance,the Board of Adjustment may prescribe appropriate conditions and safeguards which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of this chapter. (7) CONDITIONAL USES.Certain uses and situations are of such special nature or their effect is so dependent upon actual contemporary circumstances as to make impractical the determination in advance of permissibility. Provision has been made in this chapter for the determination of such cases by the Board of Adjustment as conditional uses. Conditional uses shall only be granted subject to the following provisions: (a) General Standards. 1. No grant of a conditional use shall violate the spirit or general intent of this chapter. St. Croix County Zoning Ordinance 17.7-9 Subchapter VII 17.70-17.72 Administration and Enforcement 2. No conditional use shall be allowed which would be contrary to the public health,safety or general welfare or which would be substantially adverse to property values in the neighborhood affected. 3. No use shall be permitted by conditional use that would constitute a nuisance by reason of noise,dust,smoke,odor or other similar factors. 4. The board shall also apply standards set forth in other sections of this chapter which apply to particular classes of conditional uses. (b) Factors Specifically AMlicable to Conditional Uses in Shoreland Overlay Districts. When a provision of the shoreland overlay districts section is involved,no conditional use shall be granted by the Board of Adjustment without specific consideration of the following factors: L The maintenance of safe and healthful standards. 2. The prevention and control of water pollution including sedimentation. 3. Existing topographic and drainage features and vegetative cover on the site. 4. The location of the site with respect to floodplains and floodways of rivers and streams. 5. The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover. 6. The location of the site with respect to existing or future access to roads. 7. The need of the proposed use for shoreland location. 8. Its compatibility with uses on adjacent land. 9. The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems. 10. Locational factors under which: a. Domestic uses shall be generally preferred. b. Uses not inherently a source of pollution shall be preferred over uses that are or may be a pollution source. Administration and Enforcement Subchapter VII 17.70-17.72 C. Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase the possibility. (c) General Procedure. In addition to the provisions of this section,applications for conditional uses shall be processed in this manner. 1. Applications. Applications for any use listed in this chapter as requiring a conditional use may be allowed only upon application to the Board of Adjustment on forms furnished by the Zoning Administrator. Conditional Use permit applications can include single parcels of land or groupings of parcels contiguous or noncontiguous. 2. Notice and Public Hearing. Before passing upon an application for conditional use,the Board of Adjustment shall hold a public hearing with notice provided as required by State law. 3. Determination in Writing. The conditions of approval or reasons for disapproval shall be stated in writing by the Board of Adjustment and made a permanent part of the minutes. 4. Recording. When a conditional use is approved,an appropriate record shall be made of the land use and structures permitted and such grant shall be applicable solely to the structures,use and property so described. 5. Termination. Where a conditional use does not continue in conformity with the conditions of the original approval,the conditional use shall be terminated by action of the Board of Adjustment preceded by a public hearing and notice to affected parties. 6. Time to Act Upon Application. The Board shall act on an application in the manner described above within 90 days of receiving the application,except that where additional information is required by the Board under par.(d)below. The Board shall render a written decision within 10 days of its decision stating a reason or reasons for the action and provide it to the applicant. (d) Requests for Additional Information. 1. Before passing upon an application for a conditional use,the Board of Adjustment may require the applicant to furnish further relevant information. The requirement may be for specific points or it may be to have the required information compiled in the format of an environmental impact statement as described in sub.(8). 2. Where a provision of the shoreland overlay districts section is involved, the Board of Adjustment may,prior to rendering a decision on the application, St. Croix County Zoning Ordinance 17.7-11 Subchapter VII 17.70-17.72 Administration and Enforcement require the applicant to furnish,in addition to the information otherwise required for a conditional use permit,the following information: a. A plan of the area showing contours,soil types,high water mark, groundwater conditions,bedrock,slope and vegetative cover. b. Location of buildings,parking areas,traffic access driveways, walkways,piers,open spaces and landscaping. C. Plans of buildings,sewage disposal facilities,water supply systems and arrangements of the operations. d. Specifications for areas of proposed filling,grading,lagooning or dredging. e. Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter. 3. In evaluating each application the Board of Adjustment may request the County Soil and Water Conservation District to make available expert assistance from those State and federal agencies which are assisting such district under a memorandum of understanding and any other State and federal agencies which can provide technical assistance. (f) Conditions. The Board of Adjustment may make the granting of an application for a conditional use contingent upon such express conditions as it considers necessary to further the aims of this chapter. These conditions may include,but are not limited to,specifications of: L The period of time in which all or part of the use may be permitted. 2. Increased setback and yard dimensions. 3. Specified sewerage disposal and water supply facilities. 4. Landscaping and planting screens. 5. Operational control. 6. Sureties. 7. Deed restrictions. 8. Location of docks,piers or other structures,signs,etc. 9. Location and amount of parking facilities. ,...12 Administration and Enforcement Subchapter VII 17.70-17.72 10. Type of construction. 11. Type of shore cover. (g) Sp�eciall Procedures for Conditional Uses in the Agricultural Districts JZ �.� C & I — Formatted:indent:Lett: r',Hanging: 0.38", Don't adjust space between Latin and Asian text L The following special procedures and standards apply to all conditional use applications involving lands in the AG-1 and AG-2 Districts. 2. The Wisconsin Department of Agriculture,Trade and Consumer Protection shall be notified of all such applications by sending the Department a copy of the hearing notice published for the application and of the disposition of all such applications by sending the Department a copy of the Board of Adjustment's written decision. a�- � on Fer"ones o� jam f�'�'�Dil& Y�� C"ta°lP�tl�I�C'"�� YC'Ma°Y �Y�� Formatted:Not Highlight �`ot�rg7rgrY�eeYjue�`o�tt�r�� ll�o��r�rll"rt�urll YV�ne�rf fea°tl�erll�or�t�r-lro�rr�rll.�I�n"ejj Ire�o�ec-i�e�ll �r�.�tjre.��a�rrr��lrrrri a ami:.�ri 7 I�W,.. r.0 ��e�� A jue,ae.��a�rrrierri.0 M�jrrej�Ire reetp.r7oio i��ro r�er°or�rll of �jne rrree�r7�r��of �i�c..�`oxrgrrrr��ee, �jre-�`o�ox�u��-ll�o�rc�ri�rtrri�jre p:arr�trL ll�oer�rll lrefour� �•�o�e.�rtg"r��1re tl��rj�,er�r �ar-rrj�rj�rr�o�e-�nf ��c�eeor�re�rr�rrl.-er�jrer��j�ne r�ej�rorwG� "rang°orrrj�r�rr�r��r�r� �jre�:oarr�r�� 910"rc�ri oc�cirx�u�rr�ra°e.-rrx�urll�jue��orex�u 9�o�rr�rll d�etaojrr�rot�u.-rri` rj�ro "ej op X40 arRirtr"r+e ")mall Fesoj r�rofp, oon�am fitrrlifq s �ju�rt�jue re"one r rjj meet �4e L�amkl.r(ts?4404 4e owe. ll'resenw° ar lo+ d?oarrxu II"�L�r�Ma°�, `c )re._(`oarfw,s amt 4 ce,�jrea°�r .e nor x�u, ��rc-irr�rrt�uall 9'c�e3erw°�•��r�roxn 9'j"rx�u .� cxa°r�j��or�rj ar•aeof Lrrruro�oxuallrro jr�rra°ej o krmi aFeeofml ororr e "eji re.��cwr°teri"rcrap.�rj��oc"rj rase,: klml ir,"se r°jmfq e Om -,oii4t ire emlNe(i 4,, Ow Feson In �o�40 proposeri"rmt po�en la" jamt use 04"+q*0.a reo�ujall Ire etraNe(ll l)y X40 re"ow fq aFe Fe�lsomlNe �o X40 eoxr mii u v St. Croix County Zoning Ordinance 17.7-13 Subchapter VII 17.70-17.72 Administration and Enforcement aFea 1 �tu (8) IMPACT STUDIES AND REPORTS. (a) Purpose. In the administration of this chapter,the various boards and committees which are assigned decision-making responsibilities hereunder will find themselves occasionally confronting proposed land use changes which have unusually significant consequences or which arouse unusually high levels of citizen interest. In such cases,the unit responsible for making the decision may find that the procedures specified in the sections of this chapter which govern the case do not allow for a full and complete examination and articulation of the environmental and other impacts of the proposed change in use. This situation is to be expected since the procedures set forth here in are generally tailored to the more average or routine cases and are designed to balance,in such cases,the need of the board or committee for information against the burdens which a more complete procedure would impose upon landowners. The purpose of this subsection is to provide a special procedure for the handling of more complex cases or applications. (b) Coverage. This section shall apply to: 1. Proposed amendments to the County land use regulations governed by subchapter§17.72. 2. Proposed conditional uses governed by the general zoning provisions of this chapter. 3. Variances and appeals governed by this section. 4. Proposed minor or full subdivisions to which the suitability standards of §18.08 of the subdivision regulations are being applied. (c) Determination that Impact Studies are Needed. The board or committee which has before it a matter listed in this subsection may,for reasons stated in a written determination,decide that the particular application,petition or matter raises unusually significant questions of impact(environmental or other)or that an unusually high level of citizen interest has been evidenced in the proposed use,change or amendment, or both. Such decision shall be followed by adoption by the board or committee of a resolution in which it shall set forth the impact questions on which it requires research, data and input from affected or interested person. The listing of impact questions can include items of data which this chapter already enables the board or committee to obtain or it may include additional items of information which are relevant to the impact questions specified in the resolution. The resolution may also assign responsibility for the acquisition of data on the specified impact questions to County agencies or officials,to officials or agencies in other units of government who have or may be willing to assist or to the developer or applicant. The resolution may set a date 12/19/274 14 Administration and Enforcement Subchapter VII 17.70-17.72 for the return of the requested data and information and it may specify the format in which the data is to be presented. (d) Hearings on the Impact Studies. Following the return to the board or committee of the data called for in the resolution adopted under par.(c)above,the board or committee shall cause the information to be compiled in the form of an impact report. The board or committee shall make such report available for scrutiny by the applicant or petitioner by other interested persons or agencies and shall schedule and hold a public hearing on the findings of the report. The hearing shall be preceded by a Class 2 notice under Ch.985,Wis. Stats. Persons attending such hearing shall be afforded an opportunity to comment on the report and to make recommendations as to the weight which the board or committee should give to the report or data therein in deciding the matter pending before it. (e) Suspension of Time Limits to Allow for Impact Study and Review. Prior to commencing activities under this subsection,the board or committee shall consult the sections under which it is operating and its legal counsel to determine the time limits, if any,which are placed upon its deliberations on the matter before it. Other provisions of this chapter notwithstanding,those time limits which are not specified in State law and which do not permit the board or committee sufficient time to conduct an impact review under this section may be suspended by passage of the resolution described in par.(c). In the case of time limits set by State law which conflict with the availability of reasonable time for an impact review,a formal request shall be made to the applicant for a consent to a reasonable and adequate extension of time. 17.71 ENFORCEMENT AND PENALTIES. (1) INTRODUCTION AND EXPLANATION. This section provides for enforcement and penalties for violations of this chapter. The County may initiate court action to enforce the chapter. The result of such an enforcement can be a court injunction or forfeitures. (2) DECLARATION OF UNLAWFUL CONDUCT,ACTIVITIES AND CONDITIONS. (a) Violation of Land Use Provisions. I. No building or structure shall be erected,constructed,placed,moved or structurally altered nor any use of land,premises,building or structure established or changed in violation of the provisions of this chapter. 2. No person shall fail to comply with any standard of this chapter or with any condition or qualification placed upon the issuance of a permit,approval or variance granted in due course under this chapter. (3) IDENTIFICATION AND LIABILITY OF PARTIES. St. Croix County Zoning Ordinance 17.7-15 Subchapter VII 17.70-17.72 Administration and Enforcement (a) Owners of land or properties,occupants of land or premises and agents of owners or occupants including,without limitation because of enumeration,building contractors,surveyors,plumbers,installers,soil technicians,road builders,grading and excavating contractors and their agents and lending institutions and insurer and their agents are responsible for compliance with all provisions of this chapter which bear upon their area of competency and responsibility. (b) Any person who violates or aids or abets in a violation of this chapter shall be liable to prosecution or remedial action. (c) This chapter applies fully to all public governmental and quasi-public and quasi- governmental lands,developments and activities unless specifically exempted by State or federal law. (4) INVESTIGATION OF COMPLIANCE,NOTICE OF VIOLATIONS. (a) The Zoning Administrator is responsible for inspecting and investigating compliance of land use activities with the terms of this chapter. (b) If upon such inspection or investigation the Zoning Administrator becomes aware of a condition which he concludes is or is likely to become a violation as defined in sub.(2)above,he shall immediately notify the parties he deems to be responsible and potentially liable pursuant to sub. (3)above of the detected violation. Such notice shall include: 1. A demand that the condition that is alleged to constitute the present or potential violation be halted,prevented from occurring or remedied;or 2. A statement that a complaint on the condition and demand for prosecution has been or will be transmitted to the District Attorney or enforcement officials, State agencies or both. (c) If an enforcement demand is issued under par.(b)above and is not complied with,the Zoning Administrator shall immediately file a complaint and demand for prosecution under par.(b)2.above,unless an administrative appeal has been commenced and a stay order has been issued pursuant to§17.90(6)(b)of this chapter. (5) PROSECUTION;INJUNCTIONS AND PENALTIES IN COURT PROCEEDINGS. (a) The District Attorney shall expeditiously prosecute all violations of this chapter reported by the Zoning Administrator. (b) Nothing is this section shall be deemed to prevent private prosecutions of violations pursuant to§59.97(l1)or other sections of the Wisconsin Statutes or common law. 12/19/274 16 Administration and Enforcement Subchapter VII 17.70-17.72 (c) For violation specified in sub. (1),a forfeiture of not less than$100 nor more than$500 shall be imposed upon conviction or adjudication,plus the cost of prosecution for each violation if so ordered by the court. (d) Each day a violation exists or continues shall constitute a separate offense. (e) As a substitute for or an addition to forfeiture actions,the District Attorney may, on behalf of the County,seek enforcement of any and all parts of this chapter by court actions seeking injunctional orders or restraining orders. (6) OTHER ENFORCEMENT PROVISIONS. (a) Where a conditional use or a variance has been approved subject to specified conditions and where such conditions are not complied with,the Board of Adjustment may conduct a hearing following procedures similar to those followed in considering the granting of such a conditional use or variance. Finding of noncompliance with the conditions originally imposed shall be grounds for revocation. (b) The County Board may upon recommendation of the Zoning Committee,order an assessor's plat pursuant to the procedures of§70.27,Wis. Stats.,whenever the conditions specified in that section are found to be present. (c) The Zoning Committee may require creation,Committee approval and recording of correction instruments correcting errors in distances,angles,directions,bearings, chords,block or lot numbers,street names or other details of a recorded map or plat at the expense of the subdivider or affected property owners. (d) No provision of this chapter shall be construed to bar action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the laws of Wisconsin. 17.72 AMENDMENTS. (1) INTRODUCTION AND EXPLANATION. (a) This chapter was adopted by the County Board and may be amended by the Board. State law prescribes how amendments are processed. Three major steps occur: L The County Comprehensive Parks,Planning&Zoning Committee holds a hearing and makes recommendations to the County Board. 2. The County Board votes on the proposal. 3. In the case of amendments to general zoning outside shoreland and floodplain areas,the affected town board can veto an amendment adopted by the County Board. St. Croix County Zoning Ordinance 17.7-17 Subchapter VII 17.70-17.72 Administration and Enforcement (b) In addition,persons owning lands proposed to be subject to zoning amendment or owners of abutting property can file a protest which requires a 314 vote of the County Board to approve the protested amendment. All of these procedures are subject to detailed statutory rules described in this section. This section should be reviewed carefully by all parties involved in zoning amendments. (2) PROCEDURE.The provisions of this chapter are adopted under the zoning authority of§§59.97,59.971,87.30 and subchapter V of Ch.91,Wis. Stats. As such,the following procedures shall be applied in considering amendments: (a) Petitions for Amendments. 1. A petition for amendment of this chapter may be made by any property owner in the area to be affected by the amendment,the town board of any town in which the chapter is in effect,any member of the County Board or the County Comprehensive Parks,Planning and Zoning Committee. 2. The petition shall be presented to the County Clerk who shall refer the petition to the Parks,Planning and Zoning Committee with notice to the County Board. The Committee shall prescribe a form for the petition. An accurate metes and bounds property description shall be required to accompany the petition for amendments to the zoning districts. Prior to the time a building permit or occupancy permit is issued for a use on a parcel which was rezoned,the landowner shall cause a certified survey map to be made of the property and filed with the Register of Deeds. This requirement shall be a condition of all rezonings. (b) Committee Hearing:Notice to Towns. Upon receipt of the petition referred to it by the County Clerk,the Committee shall set a time and place for a public hearing on the petition and shall publish notice of the hearing within the County as a Class 2 notice Ch.985,Wis. Stats. A copy of the notice shall be made by registered mail to the town clerk of each town affected by the proposed amendment. This notice shall be mailed at least 10 days prior to the hearing. The town clerk shall also be sent an explanation of the procedures involved in the County's review of the proposed amendment. A written notice of the public hearing on any proposed shoreland amendment shall be submitted to the district office of the Department of Natural Resources at least 10 days prior to the hearing. (c) Committee Action on the Proposed Amendment. As soon as possible after the public hearing,the committee shall take action to approve,approve with modifications or disapprove the proposed amendment. The Committee shall not recommend approval,but may only recommend disapproval or approval with modifications if it has received,subject to the time limits stated below,a certified copy of a resolution Administration and Enforcement Subchapter VII 17.70-17.72 disapproving the proposed change adopted by the town board of a town affected by a proposed change in zoning district boundaries. The certified copies of disapproving resolutions must be filed with the Committee at the time of or within 10 days after the public hearing to have the effect described herein. The provisions of this section shall apply to amendments to this chapter as they apply within shoreland or floodplain areas. (d) Committee Report and Ordinance Preparation. If the Committee action is favorable to the proposed amendment as originally sought in the petition or with modifications,it shall cause an ordinance to be drafted effectuating its determination and shall submit the proposed ordinance to the County Board. Accompanying the proposed ordinance shall be the recommendations of the Committee. If the Committee action is unfavorable to the petition,the Committee shall report its recommendations of denial to the County Board along with a statement of the reasons which support a negative recommendation. The report to the County shall also contain proof of publication of the notice of public hearing,proof of notice of hearing to town clerks and copies of all town board resolutions that were received. A copy of the Committee's fmdings and recommendations on every proposed shoreland amendment shall be sent to the district office of the Department of Natural Resources within 10 days after the submission of those fmdings and recommendations are sent to the County Board. (e) County Board Action on the Committee Report s. The County Board action on the Committee report shall be one of the following: I. The Board may adopt the ordinance submitted by the Committee or with amendments. 2. The Board may refuse to adopt the ordinance submitted or amended by the Committee. 3. The Board may refuse to deny the petition as recommended by the Committee. In such event,the Board shall refer the petition to the Committee with instructions to draft an ordinance effectuating the petition and report the ordinance back to the County Board,which may then adopt or reject the proposed ordinance. 4. The Board may establish,notice and conduct a hearing on the proposed amendment. 5. If a protest against a proposed amendment is filed with the County Clerk at least 24 hours prior to the date of the County Board meeting at which the report of the Committee is to be considered,signed and acknowledged by the owner of 50%or more of the area to be rezoned or by abutting owners of over 50%of the total perimeter of the area proposed to be rezoned included within 300'of the parcel or parcels proposed to be rezoned,action on the amendatory ordinance St. Croix County Zoning Ordinance 17.7-19 Subchapter VII 17.70-17.72 Administration and Enforcement may be deferred until the Committee has had a reasonable opportunity to ascertain and report to the County Board as to the authenticity of such ownership statements. Each signer shall state the amount of area or frontage owned by him and include a description of the lands owned by him. If such statements are found to be true,such ordinance shall not be adopted except by the affirmative vote of 3l4 of the members of the County Board present and voting. If such statements are found to be untrue to the extent that the required frontage or area ownership is not present,such protest shall not require a 3l4 vote. (f) Notice to Town Boards,Exercise of Town Board Veto. I. The following procedures shall apply to all amendments specified in §91.73(4),Wis. Stats.,and to all which affect district boundary lines and provisions other than those portions of this chapter which apply to shoreland and floodplains: a. If the amendatory ordinance makes only the change sought in the petition and if the petition was not subject to a disapproval resolution by the town board of the town affected at or within 10 days of the hearing before the Committee,the ordinance shall be effective upon passage. b. Any other amendatory ordinance which affects district boundary lines shall within 7 days after adoption be submitted in duplicate by registered mail by the County Clerk to the town clerk of each town in which land affected by the amendment are located. C. Such ordinance shall be effective 40 days after adoption unless the town board of such town files with the County Clerk a certified copy of a resolution disapproving of the ordinance. If such town board approves the ordinance,the ordinance shall be effective upon the receipt of the approving town board resolution by the County Clerk. 2. The following procedures shall apply to all amendments which affect provisions other than district boundary lines and which affect provisions other than those portions of this chapter which apply to shorelands and floodplains:the provisions of subpar. 1.above shall apply except that notice shall be given to the town clerks of all towns affected by the proposed change and,except as provided in§91.73(4),Wis. Stats.,disapproval or approval of the proposed change shall occur by action of a majority of the town boards subject to the ordinance being amended and affected by the amendatory ordinance. 3. Amendatory ordinances which affect portions of this chapter which apply to shorelands and floodplains shall be printed in the proceedings of the County Board. Administration and Enforcement Subchapter VII 17.70-17.72 4. The County Clerk shall record in his office the date on which amendatory ordinances become effective and shall notify the town clerk of all towns of such effective dates and shall make such report to the County Board,which reports shall be printed in the proceedings of the County Board. (g) Special Provisions Applicable to Comprehensive Revisions. A single ordinance which repeals the existing County zoning ordinances and enacts a new ordinance changing numerous provisions and adding or altering districts may be voted by the County Board,following the normal amendment procedure. Such revision may provide that the existing County zoning ordinance remains in effect for up to one year or until the revision is approved by the town board,whichever period is shorter. The failure of a town board to approve the comprehensive revision within one year shall result in neither the comprehensive revision nor the prior County zoning being in force in such town. (h) ' Special- p nds from the AgMnMMi��c�&Applicable to Amendments to the Zonmg ME Removing�La Agricultural District(s) f�z L L2) 1. The following special procedures and standards apply to all petitions to � �,,,,.�. � rezone land out of the Agricultural District(s)((ZS�.L 7 ,6 7The Wisconsin Department of Agriculture,Trade and Consumer Protection shall be notified of all such petitions by sending the Department a copy of the Zoning Committee's hearing notice on the petition and of the disposition of all such petitions by sending the Department a copy of the proceedings of any County Board meeting that involves a vote on ordinance amendments involving rezones from the Agricultural District(s)or a recording of a receipt of town board resolutions on such amendments. Formatted:List Paragraph, No bullets or li �lC' '�li'Gn '14 �b. numbering C.�b.}Q1C"I; , ?,?�,,. fit;, G`c�anix.4`an�oeu�� lu��ll lr�� 1`�ll��c�a°lu.7 anf ��a°[. . lYV4 1181��} Y41 Y V4 �4b'➢lC'YlY4bYVY 41 C'iG°l� Y C'4b C'a 4b lYV4 (i Q1YVS1l11 �e r �ll'ra e� ,girt aelearjv idew fvin 0I� 1� lox 12er Of aa'res Om� hwe been re✓aneWd„anW Of t;,W a°eNi ied f�Iritg ,1e0 jis�ri. jjirirug tIu 1 1°IianUS Ve4r Decisions on rezones of land from the Agricultural District(s)( � �°c�Ci IJ,Or ieu�ll�o��rill �ll��tric�s by the .�7 � /��., ��ran c��.��ll�eu��l,a°anxxgxr„ . Zoning Committee,the County Board and the affected town board shall be governed by the standards of§91.48,Wis. Stats. These standards shall be read into the record of the meeting of the Committee,the County Board and the town board before votes may be taken to approve of a rezone and either the report accompanying the County Board ordinance and the Town Board Resolution of approval or the ordinance and resolutions themselves shall contain findings that the rezone will meet standards listed below: St. Croix County Zoning Ordinance 17.7-21 Subchapter VII 17.70-17.72 Administration and Enforcement a. The land is better suited for a use not allowed in the Farmland Preservation Zoning District. b. The rezoning is consistent with am, am)ia,a)Je c°)n gsrehel° sive pjs !n (St.Croix County's Comprehensive Plan and its Io%� n s:°a Ixq�sc��°In 1° �ive v, 1n(. c. The rezoning is substantially consistent with the St.Croix County Farmland Preservation Plan d. The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted agricultural use. e. There v,4 1 I)e ire adequate public facilities to serve the proposed and potential land use changes that would be enabled by the rezoning. f. The burdens on the local government for providing the needed services to the proposed and potential land use changes that would be enabled by the rezoning are reasonable. g. The development will not cause unreasonable air or water pollution,soil erosion,or adverse effects on valued natural areas. h. The soil productivity rating has been considered in the location of the area proposed for rezoning. Formatted:Indent:Left: 1.63" ,...22 ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING Subchapter VIII Wireless Communication Service And Other Transmission Facilities 17.80-17.90 ST.CROIX COUNTY PLANNING AND ZONING DEPARTMENT GOVERNMENT CENTER 1101 CARMICHAEL ROAD HUDSON,WI 54016 715-386-4680 715-386-4686 FAX W W W.CO.SAIN T-CROIX.W L US 12/79 2014 Paeei Subsection Page No. 17.80 Purpose 17.8-1 17.81 Definitions 17.8-1 17.82 Applicability 17.8-2 17.83 General Requirements 17.8-3 17.84 Prohibitions 17.8-4 17.85 District Requirements 17.8-4 17.86 Performance Standards 17.8-5 17.87 Permit Requirements 17.8-7 17.88 Biennial Report 17.8-8 17.89 Safety Inspection 17.8-8 17.90 Enforcement and Penalties 17.8-8 Wireless Communication Service Subchapter VIII 17.80-17.90 SUBCHAPTER VIII WIRELESS COMMUNICATION SERVICE AND OTHER TRANSMISSION FACILITIES REGULATIONS 17.80 PURPOSE. The purposes of the regulations and requirements of this subchapter are to: (1)Accommodate the communication,radio,television,and electric generation needs while protecting the public health,safety and general welfare; (2)Minimize adverse visual impacts of wireless communication service and other transmis- sion facilities through careful site and design standards; (3)Avoid potential damage to adjacent properties from the construction and location and operation of wireless communication service and other transmission facilities through structural standards and setback requirements;and (4)Maximize the use of existing and approved towers,buildings or structures to accommo- date new wireless communication service and other transmission antennas to minimize the number of towers needed to serve the county,while minimizing adverse visual impacts. (5)Minimize hazards to birds. 17.81 DEFINITIONS. (1)Antenna.Any device or equipment used for the transmission or reception of electromagnetic waves,which may include omni-directional antenna(rod),directional antenna(panel)or parabolic antenna(disc). (2)Colocation.The location of more than one antenna or set of antennas on the same tower or structure. (3)FAA.Federal Aviation Administration. (4)FCC.Federal Communications Commission. (5)Height.The distance measured from ground level to the highest point on a tower or structure,including any antenna. (6) High power transmission line.A 69 kv or greater electric transmission line with towers at least 75 feet in height. (7) Stealth facility.A wireless communication service or other transmission facility which appropriately models or mimics in size,shape,scale and color something which exists in the immediate landscape or which could legally be placed there,or already exists there,at the time the application is submitted,such as a silo in farm settings or a tree in forested lands, and which is unrecognizable to a casual observer as a transmission facility (8) Tower.Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas or wind generators,including guy towers,monopole towers and self-supporting lattice towers. (9)Tower accessory structure.Any structure located at the base of a tower for housing base receiving or transmitting equipment. (10)Transmission Facility. Any WCSF,radio,television or electric generation tower, equipment and accessory structure other than an electric transmission line. St. Croix County Zoning Ordinance 17.8-1 Subchapter VIII 17.80-17.90 Wireless Communication Service (11)Wireless communication.Any wireless communication services as defined in the Telecommunications Act of 1996,including FCC licensed commercial wireless telecommunications services such as cellular,personal communication services(PCS), specialized mobile radio(SMR),enhanced specialized mobile radio(ESMR),paging and similar services that currently exist or may be developed. (12)Wireless communication service facility(WCSF).All equipment,buildings and structures with which a wireless communication service carrier or provider broadcasts and receives the radio frequency waves which carry its services,and all locations of said equipment,buildings and structures. 17.82 APPLICABILITY. (1) Preexisting Transmission Facilities. (a) Any transmission facility for which a permit has been issued prior to August 28, 1997 shall not be required to meet the requirements of this subchapter exceeding those in effect at the time the permit was granted ' 17.88,and: 1.Any preexisting transmission facility shall comply with all FCC and FAA rules and regulations. 2.Any transmission facility which is unused for the use for which the permit was granted for 12 consecutive months must be removed and site restored within a reasonable time, but not more than three months after removal is requested by the County. Upon removal,the site shall be restored to its original or an improved condition,and anchoring elements shall be removed from the ground to a depth of at least 8 feet.If removal and/or restoration is not completed,the County is authorized to complete the removal and site restoration and charge the cost to the performance bond. 3.Any addition or change to a preexisting transmission facility shall comply with all applicable requirements of this subchapter,provided that such modifications which make the transmission facility less visible or add a colocating antenna or wind generator without increasing its height are exempt from requirements adopted after August 28, 1997. (b) Any transmission facility for which a permit has been issued prior to the effective date of this subchapter and after August 28, 1997 shall not be required to meet the require- ments of this subchapter exceeding those in effect at the time the permit was granted, °ta�x�m 17.88,and: 1.Any preexisting transmission facility shall comply with all FCC and FAA rules and regulations. 2.Design and installation of any transmission facility shall comply with the manufacturer's specifications. Plans shall be approved and certified by a registered professional engineer. 3.Installation of any transmission facility shall comply with all applicable state and local building and electrical codes. 4.For leased sites,written authorization for siting the transmission facility must be obtained from the property owner. 5.Any transmission facilities must be adequately insured against personal injury,wrongful death,and property damage claims. 6.Any transmission facility which is unused for the use for which the permit was granted for 12 consecutive months must be removed and site restored within a reasonable time, 17.8-2 St. Croix County Zoning Ordinance Wireless Communication Service Subchapter VIII 17.80-17.90 but not more than three months after removal is requested by the County. Upon removal,the site shall be restored to its original or an improved condition,and anchoring elements shall be removed from the ground to a depth of at least 8 feet.If removal and/or restoration is not completed,the County is authorized to complete the removal and site restoration and charge the cost to the performance bond. 7.Only one tower is permitted on a parcel of land. Additional towers may be permitted on a parcel of land with a conditional use permit if the additional tower is located within 200 feet of the existing tower(s)and all other requirements of this subchapter are met. 8.Any addition or change to a preexisting transmission facility shall comply with all applicable requirements of this subchapter,provided that such modifications which make the transmission facility less visible or add a colocating antenna or wind generator without increasing its height are exempt from requirements adopted after August 28, 1997. (2)District Height Limitations.The requirements set forth in this subchapter shall govern the design and siting of a transmission facility that exceeds the height limitations specified for the zoning district in which the transmission facility is located. 17.83 GENERAL REQUIREMENTS. (1)Any transmission facility shall comply with all FCC and FAA rules and regulations. (2)Design and installation of any transmission facility shall comply with the manufacturer's specifications. Plans shall be approved and certified by a registered professional engineer. (3)Installation of any transmission facility shall comply with all applicable state and local building and electrical codes. (4)For leased sites,written authorization for siting a transmission facility must be obtained from the property owner. (5)Any transmission facility must be adequately insured against personal injury,wrongful death,and property damage claims. (6)Any transmission facility which is unused for the use for which the permit was granted for 12 consecutive months must be removed and site restored within a reasonable time, but not more than three months after removal is requested by the County. Upon removal,the site shall be restored to its original or an improved condition,and anchoring elements shall be removed from the ground to a depth of at least 8 feet.If removal and/or restoration is not completed,the County is authorized to complete the removal and site restoration and charge the cost to the performance bond. (7)Proposals to erect a new transmission facility shall be accompanied by any required federal,state or local agency license or application for such license. (8)Only one tower is permitted on a parcel of land. Additional towers may be permitted on a parcel of land with a conditional use permit if the additional tower is located within 200 feet of the existing tower(s)and all other requirements of this subchapter are met. (9) The monopole is the required tower structure.Guy or lattice towers are prohibited. Antennas must be contained within or mounted flush with the monopole. (10)Any owner of a pre-existing transmission facility for which a permit has been issued shall accept at least two additional colocations on reasonable terms,so long as adverse visual impacts do not result. 12 19 2014 Pale 3 Subchapter VIII 17.80-17.90 Wireless Communication Service 17.84 PROHIBITIONS. (1)No transmission facility shall be over 200 feet in height. (2)No transmission facility may be installed on a parcel within a major subdivision created for residential purposes. (3)No transmission facility shall be artificially illuminated unless required by FCC or FAA regulations. (4)No part of any transmission facility shall extend across or over any right-of-way,public street,highway,sidewalk or property line. (5)A temporary mobile transmission facility site is not permitted except in the case of equipment failure,equipment testing,equipment replacement,or emergency and prior authorization is obtained from the Zoning Administrator. Use of a temporary site for testing purposes shall be limited to 24 hours,and the use of a temporary site for equipment failure,equipment replacement,or emergency shall be limited to 30 days, unless extended for good cause in writing by the Zoning Administrator. 17.85 DISTRICT REQUIREMENTS. A stealth facility is permitted with a county land use permit,which may be issued by the Zoning Administrator;a county land use permit may not be issued by a deputy zoning administrator. The Zoning Administrator shall not issue such a county land use permit prior to ten days after mailing notice of the application to the town in which the transmission facility is proposed to be located. Any other transmission facility shall be regulated in accordance with the regulations applicable to the zoning district in which the facility is located. All requirements of the zoning district other than the standards provided in this subchapter must be met. Following are the use standards for the various districts: (1)Commercial,Restricted Commercial and Industrial Districts. (a)The following are permitted with a county land use permit from the Zoning Administra- tor issued under this subchapter and§:see°io+� 17.70(3): 1.Any antenna or generator attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure and where the total height of the addition would not increase the maximum height to over 200 feet. 2.Any transmission facility within the easement of a high power transmission line or within 50 feet of the transmission line easement on the same side of the road up to a maximum height of 200 feet. (b)The following may be permitted with a conditional use permit issued under this subchapter and ' 17.70(7): 1.Any antennas or generator attached to an existing tower or structure extending more than 20 feet above the highest point of the tower or structure and where the total height of the addition would not increase the maximum height to over 200 feet. 2.Any transmission facility to a maximum height of 200 feet. (2)Agricultural,Agricultural Two and Agricultural Residential Districts. (a)The following are permitted with a county land use permit from the Zoning Administrator issued under this subchapter and io+ 17.70(3): 1.Any antenna or generator attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure and where the total height of the addition would not increase the maximum height to over 200 feet. 17.8-4 St. Croix County Zoning Ordinance Wireless Communication Service Subchapter VIII 17.80-17.90 2.Any Transmission Facilities within the easement of a high power transmission line or within 50 feet of the transmission line easement on the same side of the road up to a maximum height of 200 feet. (b)The following may be permitted with a conditional use permit issued under this subchapter and ' 17.70(7): 1.Any antennas or generator attached to an existing tower or structure extending more than 20 feet above the highest point of the tower or structure and where the total height of the addition would not increase the maximum height to over 200 feet. 2.Any transmission facility to a maximum height of 200 feet_ (,.l„)„Those facilities locating within the state certified AG-1 and AG-2 districts are SUt e( ct to Formatted:Indent:Left: 0.5' Wis. Stats 91.46(4). (3)Residence and Conservancy Districts. (a)The following are permitted with a conditional use permit issued under this subchapter and 17.70(7): 1.Any antennas or generator attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure and where the total height of the addition would not increase the maximum height to over 200 feet. 2.Any transmission facility within the easement of a high power transmission line or within 50 feet of the transmission line easement on the same side of the road up to a maximum height of 200 feet. (b)No other transmission facility is permitted in these districts. (4)Shoreland,Floodplain and St.Croix Riverway Overlay Districts.No transmission facility is allowed in these districts except: (a)With a conditional use permit issued under this subchapter and 17.70(7), an antenna or generator attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure and where the total height of the addition would not increase the maximum height to over 200 feet. (b)With a county land use permit,a stealth facility in the Shoreland Overlay Districts and Floodplain District. With a county land use permit,a stealth facility in the St. Croix Riverway District,after Wisconsin Administrative Code Chapter NR 118 is amended to permit a stealth facility. (5)St. Croix River Buffer Zone.The St. Croix River Buffer Zone is the area located outside the St. Croix Riverway District and within two miles of the St. Croix River, measured from the ordinary high water mark. No transmission facility is allowed within the St. Croix River Buffer Zone,with the exception of a stealth facility. 17.86 PERFORMANCE STANDARDS (1)Except as provided in this subchapter,any transmission facility must meet the dimensional standards applicable to the parcel within the zoning district in which it is located. Where the transmission facility is the principal use on a parcel,the parcel shall meet the minimum lot size requirements of the zoning district in which the parcel is located. On a parcel of land that already has a principal use,the transmission facility shall be considered an accessory use and a smaller area of land may be leased for it, provided that all requirements of this ordinance are met. (2)Setbacks and Separation. 12 19 2014 Page 5 Subchapter VIII 17.80-17.90 Wireless Communication Service (a)Generally,any tower shall be set back from the nearest property line a distance equal to the height of the tower. This setback may be reduced up to one-half the height of the tower if the applicant submits an engineering report from a registered professional engineer that certifies that the tower is designed and engineered to collapse upon failure within the distance from the tower to the property line. (b)No tower shall be located within 500 feet of any residence unless the owner of the residence agrees in writing. (3)Colocation/Sharing of Facilities. (a)No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the permitting authority that no existing tower or structure can accommodate the applicant's proposed antenna or generator. Examples of supporting evidence are: 1.No tower or structure is located within the geographic area required to meet the applicant's engineering requirements. 2.No existing tower or structure is of sufficient height to meet the applicant's engineering requirements. 3.No existing tower or structure can be rebuilt to support applicant's proposed antenna or generator. 4.Electromagnetic interference would interfere with an existing or proposed system. 5.The fees,cost,or contractual provisions required by the applicant to share an existing tower or structure or to adapt an existing tower or structure for sharing are much more expensive considering factors such as,without limitation,depreciation,technical obsolescence,wear and land,acquisition. 6.The applicant establishes other facts that render colocation unsuitable. (4)Screening and Landscaping.The transmission facility is to be located on the site so as to have the least visual impact.The site shall be landscaped and maintained with a buffer of plant materials that effectively screens the view of all tower accessory structures, equipment and improvements at ground level from adjacent properties year around. Existing mature vegetation and natural landforms on the site shall be preserved to the maximum extent possible. (5)Security Fencing and Lighting. (a)Any transmission facility shall be reasonably protected against unauthorized access. The bottom of the tower from ground level to 12 feet above ground shall be designed to prevent unauthorized climbing and shall be enclosed with a minimum of a 6 feet high chain link fence with a locked gate. (b)Security lighting for on-ground structures and equipment is permitted,as long as it is down shielded to keep light within the boundaries of the site. (6)Color and Materials. Any transmission facility shall use building materials,colors, textures,screening,and landscaping that blend the transmission facility with the surrounding natural features and built environment to the greatest extent possible. The tower and everything attached to it shall be painted and maintained light blue to minimize visibility,except for those stealth facilities where light blue would not be appropriate. (7)Parking and Access. Adequate parking spaces shall be provided on each site so that parking on public road right-of-way will not be necessary. Additional parking may be 17.8-6 St. Croix County Zoning Ordinance Wireless Communication Service Subchapter VIII 17.80-17.90 required by the permitting authority if the minimum parking proves to be inadequate. Access must be provided by a gated,all-weather driveway. 17.87 PERMIT REQUIREMENTS. (1)The construction or installation of any transmission facility requires a county land use permit or conditional use permit under this ordinance. The permit will specify the use or uses allowed. (2)County Land Use Permits.Any stealth facility or the addition of an antenna or generator to an existing structure permitted under this subchapter may be authorized by the Zoning Administrator,as indicated above,upon the submission and approval of a properly completed application and the fee for a county land use permit under this section and§:see°i o+x 17.70(3).A county land use permit may be issued by the Zoning Administrator,but may not be issued by a deputy zoning administrator. The Zoning Administrator shall not issue such a county land use permit prior to ten days after mailing notice of the application to the town in which the transmission facility is proposed to be built. (3)Conditional Use Permits. Any other transmission facility requires a conditional use permit under this subchapter authorized by the Board of Adjustment upon the submission and approval of a properly completed application for a conditional use under this section and seep io+x 17.70(7)and the fee. (4)Applications.In addition to the application requirements of seep IO+ 17.70(3)or seep io+x 17.70(7),any application for a county land use permit or conditional use permit for a new transmission facility shall include the following information. Applications for land use permits may omit(b)4 below. (a)A report from a registered professional engineer and other professionals which: 1.describes the tower height and design,including a cross section and elevation; 2.certifies the transmission facility's compliance with structural and electrical standards; 3.describes the tower's capacity,including the potential number and type of antennas or generators that it can accommodate; 4.describes the lighting to be placed on the tower if required by the FCC or FAA; 5.certifies that the transmission facility will not cause destructive interference with previously established public safety communications systems;and 6.describes how the requirements and standards of this ordinance will be met by the proposed transmission facility. (b)Each application shall include a facility plan containing the following information: 1.Written description of the type of consumer services each provider will provide to its customers(radio,television,electric generation,cellular,PCS,SMR,ESMR,paging or other anticipated wireless communication services). 2.List of all existing sites,existing sites to be upgraded or replaced,and proposed sites within the County for services to be provided by the provider. 3. Map of the County which shows the geographic service areas of the applicant's existing and proposed sites. 4. Copies of letters informing each government unit adjacent to the unit and the unit itself in which the transmission facility is proposed to be located,in Wisconsin and Minnesota, of the application. 12 19 2014 Page 71 Subchapter VIII 17.80-17.90 Wireless Communication Service 5. A visual analysis,including photo simulations of the view of the vicinity of the transmission facility before and after the proposed transmission facility is built,taken from approximately a mile from the transmission facility,north,south,east and west of the proposed site,and which may include photo montage,field mock up or other techniques,which identifies the potential visual impacts of the proposed transmission facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed transmission facility and other existing and foreseeable transmission facilities in the area,and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed service. (c)Landowner Acknowledgement.Written acknowledgement by the landowner of a leased site that he/she will abide by all applicable terms and conditions of the land use permit or conditional use permit,including the restoration and reclamation requirements of 17.83(6)of this ordinance. (d)A performance bond in a form acceptable to the Zoning Administrator in an amount sufficient to provide for removal of the transmission facility. (e)Additional Information and Analysis. L The Zoning Administrator or Board of Adjustment may,at his/her or its discretion, require visual impact demonstrations,including mock-ups and/or photo montages; screening and painting plans;network maps;alternative site analysis;lists of other nearby transmission facilities;or facility design alternatives for the proposed transmission facilities. 2.The Zoning Administrator or Board of Adjustment may employ on behalf of the County independent technical experts to review materials submitted by the applicant or to prepare any materials required but not submitted by the applicant. The applicant shall pay the costs of such review and/or independent analysis. 17.88 BIENNIAL REPORT. Owners,providers or permittees shall submit each even numbered year on or before Janu- ary 31,a transmission facility information report,on a County form. The report shall detail the use,maintenance and condition of the transmission facility since the previous report,availability of the Transmission Facility for added colocation and other information reasonably deemed necessary by the Zoning Administrator. The report shall be accompanied by a two-year renewal of the performance bond in a form acceptable to the Zoning Administrator in an amount sufficient to provide for removal of the transmission facility. 17.89 SAFETY INSPECTION. If the County has reason to believe that a transmission facility is a safety risk,it may require the permit holder to perform an inspection by a registered engineer and provide a copy of the inspection results to the Zoning Administrator within sixty days.The County shall provide the owner with information forming the basis for belief that the transmission facility is a safety risk before requiring inspection. 17.90 ENFORCEMENT AND PENALTIES In addition to all other enforcement and penalty remedies available in sec. 17.7 1,a county 17.8-8 St. Croix County Zoning Ordinance Wireless Communication Service Subchapter VIII 17.80-17.90 permit issued under this subchapter may be revoked under 17.71(6)(a). Failure or delay longer than sixty days after the County mails the blank Transmission Facilities information report form to the owner/provider or permittee shall result in a late fee of$200.00 per week until received. 12 19 2014 Page 9