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HomeMy WebLinkAboutOrdinance 1983 (80) AMENDATORY ORDINANCE NO. WHEREAS, amendments to the St. Croix County Zoning Ordinances have been proposed for adoption to the St. Croix County Board of Supervisors; and WHEREAS, these ordinances,irequire updating, changes, proper interpretation and administration due to law and rule changes; and WHEREAS, a petition to establish the necessary changes have been brought before the Comprehensive Zoning, Parks and Planning Committee; and WHEREAS, at the request of the St. Croix County Board of Supervisors, this committe held a public hearing on May 28, 1983, preceeded by proper publication pursuant to the Wisconsin Statutes; and a favorable report has- been given to the St. Croix Board of Supervisors by the St. Croix County Comprehensive Zoning, •Parks and Planning Committee; NOW, THEREFORE BE IT ORDAINED that the attached amendments be adopted by the St. Croix County Board of Supervisors in regular session; and BE IT FURTHER ORDAINED, that amendatory ordinances shall take effect upon publication .of the same by the County Clerk pursuant j to Wisconsin Statute 59.04 (1) . L Dated this day of s(. 1983 �+ ' A., Croix County Comprehensive Zoning Parks and Planning Committee Negative (Af 'rmative l' i I! . l St. Croix County -Shoreland-Wetland Zoning Amendments i. 1. Add the following paragraph to Section 1. 1 Compliance on page 1 : Unless specifically exempted by law, all cities, villages, towns and �1 counties are required to comply with this Ordinance and obtain all r, necessary permits. State agencies are required to comply when section 13.48(13) , Wisconsin Statutes, applies. The construction, reconstruction, maintenance and repair of state highways and bridges by is the Wisconsin Department of Transportation are exempt when section 30. 12(4) (a) ,. Wisconsin Statutes , applies. 2. Amend 1.4 A, first line to read: The boundaries of the districts established by this Ordinance for general, shorelan.d and wetland zoning purposes are shown on the mapg entitled "Wisconsin Wetlands Inventory Maps for St. Croix County dated November 13, 1964, which maps accompany and are made a part of this Ordinance. 3. Add: 1.6 .A However, when an Ordinance adopted under a statute other than Section 59.97, Wisconsin Statutes is more restrictive than the Ordinance, that Ordinance shall continue in full force and effect to the extent of the greater restrictions but not otherwise. 4. Add to 1.8: Shoreland-Wetland District Zoning regulations effective date, August 9, 1983. 5. Amend 3. 1A, Section 59.97 to read: Section 59.971. 6. Repeal Sections 3. 1 D. 1 and 2 under Jurisdiction on page 23 and create the following: 1. Within one thousand (1,000) feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes , ponds 'or flowages in St. Croix County shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication "Surface Water Resources of St. Croix County" or shown on USGS maps. If evidence to the contrary is presented, the County Zoning Administrator shall make the initial determination whether or not the lake,pond, or flowage in question is navigable under the laws of this state. The County Zoning Administrator shall also make the initial determination of the location of the ordinary high water mark. 2. Within three hundred (300) feet of the ordinary high h water mark of navigable rivers streams , o 8 ere or s t ea s , or t the landward side of the i li floodplain, whichever the distance is greater. Rivers and streams in St. Croix County shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this Ordinance in Section 1.4.A of this Ordinance. If evidence to the contrary is presented, the County Zoning Administrator shall make the initial determination whether or not the river or stream in question is navigable under the laws of this state. The 'County Zoning Administrator shall also make the initial determination of the location of the ordinary hi6h water mirk. When auPstions arise, the County Zoning Administrator shall contact the appropriate district DNR Office for a determination of navigability or. ordinary. high water mark. Flood Hazard Boundary maps, or Flood Insurance Study maps (or soil maps or other existing county maps used to delineate floodplain areas) , which have been adopted by St. Croix County, shall be used to determine the extent of the floodplain of rivers or streams in St. Croix County. y 7. Create Section 3. 1 E. to read as follows: E. Locating shoreland-wetlands boundaries. When an apparent discrepancy exists between the shoreland-wetland district shown on the official wetlands inventory maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate field office of the Department to determine if the shoreland-wetland district as mapped is in error. If the Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a land use permit in accordance with the regulations applicable to the correct zoning district. _ In order to correct wetland mapping errors shown on the official zoning map, the Zoning Administrator shall be responsible for initiating a shoreland-wetland map amendment within a reasonable period of time. 8. Add the following paragraph to Section 3.4 A on page 26(numbering the existing sentence as paragraph 1) to read as follows: 2. Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district may be permitted only if the requirements of Section 3. 10 C.2 and C.3 of the Ordinance are met. 9. Omit Section 3.4 B.2.a on page 26 and renumber following subsections accordingly. 10. Add the following to Section 3. 7 B (setbacks from the water) on page 29 to read as follows: The use of a boathouse for human habitation and the construction or 2 placing of a boathouse below the ordinary high water mark of any navigable waters are prohibited. 11. Revise Section 3.8 to read: G "The shorelands of St. Croix County are hereby divided into the following districts: (1) Conservancy District; (2) Shoreland- Wetland District; (3) Recreational Residential District; and (4) St. Croix Valley District which districts are described in Sections 3.9, 3. 10, 3. 11 and 3. 12 of this Ordinance""In 12. Create Section 3. 10 (Shoreland-Wetland District) beginning on page 31 to state as follows: 3. 10 Shoreland-Wetland District A. Designation. This district shall include all shorelands and wetlands within the ,jurisdiction of this Ordinance which are wetlands of five (S) acres or more designated on the Wisconsin Wetlands Inventory Maps that have been adopted and made a part of this Ordin- ance in Section 1.4 A. These maps are on file in -the office of the County Zoning Administrator for St. Croix County. B. Purpose. This district is adopted to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, to preserve shore cover and natural beauty and to control building and development in wetlands whenever possible. When development is permitted in a'wetland, the development should occur in a manner that minimizes adverse impacts upon the wetland. C. Permitted Uses. The following uses shall be allowed, subject to general shoreland zoning regulations in sections 3.. 1 through 3. 7 of this Ordinance, section 3. 12 of this Ordinance, the provisions of r Chapters 30 and 31 of the Wisconsin Statutes, and the provisions of other state and federal laws, if applicable: 1. Activities and uses which do not require the issuance of a zoning permit, but which must be carried out without filling, flooding, draining, dredging, ditching, tiling or excavating. : a. Hiking,. fishing, trapping, hunting, swimming and boating; b. The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops; C. The practice of silviculture, including the planting, thinning and harvesting of timber; d. Theasturin of livestock and the construction and P B maintenance of fences; i I' 3 - e. The cultivation of agricultural crops; f. The construction and maintenance of duck blinds; g: The construction and maintenance of piers , docks and walkways, including those built on pilings;Can h. The maintenance, repair, replacement and. recon_struction of existing town and county highways and bridges Gni, i. Dike and dam construction and ditching for the purpose of growing and harvesting cranberries. 2. Uses which do not require the issuance of a zoning permit and which may involve filling, flooding, draining, dredging, ditching; tiling, or excavating to the extent specifically provided below: a. Temporary water level stabilization measures, in the practice of silviculture, which are necessary to alleviate abnormally wet or dry conditions that would have an adverse ' impact on the conduct of silvicultural activities if not corrected; b. Ditching, tiling, dredging, excavating or filling done to maintain or repair existing agricultural drainage systems only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use. 3. Uses which are allowed upon the issuance of a zoning (land use) permit: a. The construction and maintenance of roads which are necessary to conduct silvicultural activities or are necessary for agricultural cultivation, provided that : (1) The road cannot as a practical matter be located outside the wetland; and (2) The road is designed and constructed to minimize the adverse impact upon the EILc nctural functiaas of the wetland andmeetsthe following standards: a. The road shall be designed and constructedasa singlelane roadway with only such depth and width necessary to accommodate the machinery required to conduct agricultural and silvicultural activities: b. Road construction activities are to be carried out in the immediate area of the roadbed only; and c. . Any filling, flooding, draining, dredging, ditching, tiling or excavating that is to be done must be necessary " for the construction or maintenance of the road; - 4 - t b. Theconstruction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation, if such building cannot as a practical matter be located outside the wetland, provided that. (1) Any such building does not exceed 500 square feet in floor area; and (2) No filling, flooding, draining, dredging, ditching, f' tiling or excavating is to be done; C. The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private wildlife habitat areas, provided that: (1) Any private recreation or wildlife habitat area must be used exclusively for that purpose; I, (2) No filling is to be done; and (3) Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance wetland values. d. The construction and maintenance of electric, gas, telephone, water -and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members, provided that: (1) The transmission and distribution lines and related '! facilities cannot as a practical matter be located outside the wetland; and 13. Amend 3. 10 C.3d(2) to read: No filling is to be done except for limited filling and grading necessary for the construction of boat access sites which can- not be located outside the wetland. 14. Add 3. 10 C. 3 (e) : The construction and maintenance of railroad lines provided that: .(1) The railroad lines cannot as a practical matter be located out of the wetland; and 5 - i (2) Any filling, excavating, ditching or draining that must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon natural functions of the wetland. 15. Amend 3. 10 D. under Prohibited Uses. D. Any use not listed in sections C. 1, C.2, or C.3 is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this Ordinance in accordance with section 59.97(5) (e) , Wisconsin Statutes, chapter NR 115, Wisconsin Administrative Code, and section E.e. of this Ordinance. E. Rezoning of Lands in the Shoreland-Wetland Zoning District. 1. For all proposed text and map amendments to the shoreland-wetland district, the district office of the Department of Natural Resources shall be provided with the following: f. (a) A copy of every petition for a text or map=amendment to the shoreland-wetland district, within 5 days of the filing of such petition with the County Clerk; (b) Written notice of the public hearing to be held on a proposed amendment, at least 10 days prior to such hearing; f 16. Amend 3. 10 E. 1. (c) to read as follows: (c) A copy of the County Zoning Committee's findings and recommendations on each propose.d amendment, within 10 days after the submission of those findings and recommendations to the County Board; and (d) Written notice of the County Board's decision on the i. proposed amendment, within 10 days after it is issued. 2. A wetland, or a portion thereof, in the 'shoreland-wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following."tt (a) Storm and flood water storage capacity; (b) Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland; (c) Filtering or storing of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters ; (d) Shoreline protection against soil erosion; j (e) Fish spawning, breeding, nursery or feeding grounds; - 6 - i I (f) Wildlife habitat; or (g) Areas of special recreational, scenic or scientific interest, including scarce wetland types. 17. Amend 3. 10 E. 3. to read as follows : 3. If the Department of Natural Resources has notified the County Zoning Committee that a proposed amendment to the shoreland-wetland districtmayhave a significant adverse impact upon any of the criteria listed in section 3. 10 E. 2 of this Ordinance, that amendment, if approved by the County Board, shall contain the following provision: "This amendment shall not take effect until more. than 30 days have elapsed since written notice of the County Board's approval of this amendment was mailed to the Department of Natural Resources. During that 30 day. period the Department of Natural Resources may notify the County Board that it will adopt a superseding shoreland ordinance for the county under section 59.971(6) of the Wisconsin Statutes. If the Department does so notify the County Board, the effect of this amendment shall be stayed until the section 59.971(6) adoption procedure is completed or otherwise terminated." 18. Create a new Section 9.4 A.8 on page 115 to read as follows: 8. The maintenance and repair of nonconforming boathouses which are located below the ordinary high water mark of any navigable waters shall comply with the requirements of section 30. 121 of the Wisconsin` Statutes. 19. Add the following sentence at the end of the first paragraph of Section 11. 3 A. on page 133: - A copy of every petition for a text or map amendment to the shoreland-wetland district must be submitted to the district office of the Department of Natural Resources within 5 days of the filing of such petition with the County Clerk. 20. Add the following sentence at the end of Section 11. 3 B. on page 134: A written notice of the; public hearing on any proposed shoreland amendment shall be. submitted to the district office of the Dep.a,rtment of Natural Resources at least 10 days prior to the hearing. 21. Add the..following to Section 11. 3 D on page 135: A copy of the County Zoning Committee's findings 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 submis- sion of those findings and recommendations are sent to the County Board. - 7 i 22. Create a new subsection 11.3 E.6 to read as follows : A written notice of the County Board's decision on proposed sho.reland amendments shall be submitted to the district office of the Department of Natural' Resources within 10 days after it is issued. 23. Add the following. definitions to Section 12 beginning on page 139: Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge. Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this Ordinance. Wetlands means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wetpconditions. Department means Department of Natural Resources. Navigable waters means Lake Superior, Lake Michigan, 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 section 144.26(2) (d) , Wisconsin Statutes, notwithstanding any other provision of law or administrative rule promulgated thereunder, .shoreland ordinances required under section 59.971, Wisconsin Statutes, and chapter NR 115, Wisconsin Administra- tive 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) Thoseparts of such drainage ditches adjacent to such lands wereon vigable streams, before ditching or had no previous stream istory; and (c) Such lands are maintained in nonstructural agricultural use. Ordinary high water mark means the pointon thebankor shore up to which the presence and action of surface water is' so- continuous as to "'leave--a -di stinctive .mark such as by erosion, destruction or prevention of`terrestial vegetation, predominance of aquatic vegeta- tion, or other easily recognized characteristic. Shoreland means lands within the following distances from the ordin- ary high water mark of navigable waters: 1,000 feet from a lake,, pond, or flowage; and 300 feet from a river or stream or to the landwrd side of the floodplain, whichever distance is greater. r i, �I - 8 Shoreland-wetland district means the zoning district, created as a part of this shoreland zoning Ordinance, comprised of shorelands that .are designated as wetlands on the wetland maps which have been adopted and made a part of this Ordinance. 24. Add 9.3 C. 1 Fees. Fees shall be amended by Zoning Committee as necessary. 1i • l i E r i 9 4 F E E S C H E D U L E 1983 St. Croix County Effective July 3, 1983 Sanitary Permit (PLB 68) $ 66.00 Permit Transfer (PLB 68) $ 66.00 Reissue Permit 66.00 s; Mound System $166.00 In-Ground Pressure $ 66.00 Holding Tank $166.00 h Ai Reinspection $ 25.00 I' Second On-site iuspa,:tion $ 25.00 ii AsBuilt (When drawn by Zoning Office) $ 15.00 Board of Adjustment Hearing $100.00 Rezoning-Hearing $200.00 Wisconsin Fund $150.00 Certified Survey Map Application $ 50.00 it Escrow $100.00 it li! I'