ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING

Transcription

1 ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING Subchapter III Shoreland Zoning ST. CROIX COUNTY PLANNING AND ZONING DEPARTMENT GOVERNMENT CENTER 1101 CARMICHAEL ROAD HUDSON, WI FAX

2 Subsection Page No Introduction and Explanation General Provisions Lot Dimensions Tree Cutting Regulations Filling, Grading, Lagooning and Dredging Setbacks Districts Conservancy District Shoreland-Wetland District Recreational Residential District

3 Shoreland Zoning Subchapter III SUBCHAPTER III SHORELAND ZONING INTRODUCTION AND EXPLANATION. (1) Shoreland zoning applies to all lands in all towns of the County which are within 300 of a river or stream or to the landward edge of the floodplain or within 1000 of a lake, pond or flowage or the St. Croix River. The official County zoning maps show these areas. (2) Shoreland zoning is required by State law. The Wisconsin Department of Natural Resources exercises supervision over how these regulations are administered or changed. (3) Owners of shoreland property along the St. Croix, Apple, Kinnickinnic and Willow Rivers should refer also to subchapter IV which contains special rules dealing with the floodplain areas along those rivers GENERAL PROVISIONS. (1) STATUTORY AUTHORIZATION. Shoreland zoning is adopted pursuant to the authorization contained in and , Wis. Stats. (2) FINDING OF FACTS. Uncontrolled use of the shorelands and pollution of the navigable waters of the County adversely affect the public health, safety, convenience and general welfare and impairs the tax base. The State legislature has delegated responsibility to the counties to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and preserve shore cover and natural beauty and this responsibility is hereby recognized by St. Croix County. (3) STATEMENT OF PURPOSE. This subchapter and related provisions in this chapter and Chs. 15 and 18 have been created for the purpose of promoting and protecting the public health, safety, convenience and general welfare and to: (a) Further the maintenance of safe and healthful conditions through: 1. Regulating septic tank use, location, installation and operation. 2. Limiting structures to those areas where soil conditions and geologic conditions will provide a safe foundation. 3. Regulating well installation and location. (b) Prevent and control water pollution through: St. Croix County Zoning Ordinance

4 Shoreland Zoning 1. Requiring setbacks between septic tank and soil absorption systems and watercourses. 2. Establishing minimum lot sizes to provide adequate area for private sewage disposal facilities. 3. Regulating the use of septic tanks and soil absorption systems to protect the public health, safety and general welfare. 4. Requiring alternative methods of sewage disposal where conditions make soil absorption methods unsuitable. 5. Protecting spawning grounds, fish and aquatic life through: a. Preserving wetlands and other fish and aquatic habitat. b. Regulating pollution sources. c. Controlling shoreline alterations, dredging and lagooning. 6. Controlling building sites, placement of structures and land uses through: a. Separating conflicting land uses. b. Prohibiting certain uses detrimental to the shoreland area. c. Setting minimum lot sizes and widths. d. Regulating side yards and building setbacks from roadways and waterways. e. Requiring the platting of subdivisions. 7. Preserving shore cover and natural beauty through: a. Restricting the removal of natural shoreland cover; b. Preventing shoreline encroachment by structures; c. Controlling shoreland excavation and other earth moving activities; d. Regulating the use and placement of boathouses and other structures; e. Controlling the use and placement of signs St. Croix County Zoning Ordinance

5 (4) JURISDICTION. The jurisdiction of this subchapter shall include shorelands of navigable waters as defined in (2)(d), Wis. Stats. in the unincorporated areas of the County which are: (a) Within 1,000 of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the 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 the State. The County Zoning Administrator shall also make the initial determination of the location of the ordinary high water mark. (b) Within 300 of the ordinary high water mark of navigable rivers or streams or to the landward side of the floodplain, whichever is greater. Rivers and streams in the County shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the U.S. Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter in 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 the State. The Zoning Administrator shall also make the initial determination of the location of the ordinary high water mark. When questions arise, the 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 the County shall be used to determine the extent of the floodplain of rivers or streams in the County. (5) LOCATING SHORELAND-WETLAND 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 LOT DIMENSIONS. (1) LOTS NOT SERVED BY PUBLIC SEWER. (a) Minimum Area and Width for Each Main Building. 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 St. Croix County Zoning Ordinance

6 Shoreland Zoning cluster subdivision authorized by an applicable town subdivision ordinance may have a minimum lot area of one (1) acre. (b) The minimum lot size for Conservation Design Development shall be one-half (1/2) acre. (c) Side Yards. There shall be a side yard for each main building. The minimum width of one side yard shall be 10. The minimum aggregate width of both side yards shall be 25. (2) LOTS SERVED BY PUBLIC SEWER. The minimum lot area shall be 12,750 sq. ft., unless a larger area is required by an applicable State health or subdivision regulation, and the minimum lot width 80 at the building line and 80 at the water line, if any. There shall be a side yard for each main building. The minimum width of one side yard shall be 10 and the minimum aggregate width of both side yards shall be 25. (3) SUBSTANDARD LOTS. (a) Substandard Lots Served by Public Sewer. A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter but is at least 50 in width at the building line and 50 in width at the water line, if any, and 7,500 sq. ft. in area may be used as a building site for a single family dwelling upon issuance of a zoning permit subject to the following conditions: 1. Such use is permitted in the Zoning District. 2. The lot is on record in the County Register of Deeds Office prior to the effective date of this chapter. 3. The lot is in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the terms of this chapter. 4. All the dimensional requirements of this chapter be complied with insofar as practical. (b) Substandard Lots Not Served by Public Sewer. The provisions of pars.(3)(a)1. through 4. and of Chapter 15 of the general ordinances shall apply, and in addition the minimum lot area shall be ten thousand (10,000) sq. ft. and the minimum lot width 80 at the building line and 80 at the water line, if any. (4) RELATIONSHIP OF WIDTH TO DEPTH. Excessive depth in relation to width shall be avoided and proportion of 2:1 shall be considered a desirable ratio under normal circumstances St. Croix County Zoning Ordinance

7 17.28 TREE CUTTING REGULATIONS. (1) PURPOSE. Regulation of tree cutting along shores of navigable waters is a necessity to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreland. These provisions shall not apply to removal of dead, diseased or dying trees or to silvicultural thinning upon recommendation of the County Forester. (2) RESTRICTIONS. Tree cutting in a strip paralleling the shoreline and extending 35 ft. inland from all points along the normal high water mark of the shoreline shall be limited in accordance with the following provisions: (a) No more than 30% of the length of this strip, as measured along the normal high watermark, shall be clear-cut to the depth of the strip. (b) Cutting of the 30% in par. (a) above shall not create a clear-cut opening in this strip that is greater than 30 feet wide, measured along the normal high water line. (c) In the remaining 70% of this strip, as measured along the normal high water mark, cutting shall leave sufficient cover to screen cars, dwellings, accessory structures, except boathouses, as seen from the water and to control erosion. (3) ROADS AND PATHS. Any paths, roads or passages within the strip shall be so constructed or surfaced as to be effective in controlling erosion. (4) SPECIAL EXCEPTIONS. (a) In the alternative to sub. (2) above, a special cutting plan allowing greater cutting may be permitted by the Board of Adjustment as a special exception subject to the provisions of 17.70(7). In applying for such a permit the Board may require the lot owner to submit a sketch of his lot including the following information: 1. Location of all structures. 2. Location of parking. 3. Gradient of the land. 4. Existing vegetation. 5. Proposed cutting and replanting. (b) The Board may grant such a permit only if it finds that such special cutting plan: 1. Will not cause undue erosion or destruction of the scenic beauty. St. Croix County Zoning Ordinance

8 Shoreland Zoning 2. Will provide substantial shielding from the water of dwellings, accessory buildings and parking areas. (c) The Board may condition such a permit upon a guarantee of tree planting by the lot owner, and this agreement shall be enforceable in court. (d) The Board of Adjustment may require the applicant to file a security bond meeting the approval of the District Attorney as a guarantee that conditions of the permit will be followed FILLING, GRADING, LAGOONING AND DREDGING. (1) PROHIBITION OF HARMFUL PRACTICES. (a) Filling, grading and lagooning or dredging which would result in substantial detriment to navigable waters by reason of erosion, sedimentation or impairment of fish and aquatic life shall hereby be prohibited. (b) Erosion control practices, including but not limited to silt fences, hay bales and seeding (see Wisconsin Construction Site Handbook ), shall be utilized when necessary to prevent excessive runoff, sedimentation or pollution of a navigable body of water until the site has been stabilized. (c) Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district may be permitted only if the requirements of 17.34(3)(b) are met. (2) FILLING AND GRADING. (a) Filling and grading of less than 2,000 sq. ft. within 300 of the OHWM (measured horizontally), that does not involve any sloped areas 12% or greater (measured over a horizontal distance of 50 ), and is not an area likely to be inundated by high water, are allowed without a permit. 1. All disturbed areas shall be stabilized with permanent vegetation as soon as possible following construction. BMP s (i.e. silt fence, mulch) shall be employed to minimize erosion of disturbed areas until permanent vegetation is established. (b) Filling and grading of less than 1,000 sq. ft. within 300 of the OHWM (measured horizontally), that involves any sloped areas greater than 12% and less than 25% (measured over a horizontal distance of 50 ), and is not an area likely to be inundated by high water, are allowed without a permit. 1. All disturbed areas shall be stabilized with permanent vegetation as soon as possible following construction. BMP s (i.e. silt fence, mulch) shall be employed to minimize erosion of disturbed areas until permanent vegetation is established St. Croix County Zoning Ordinance

9 (c) Except as provided for in parts (a) and (b) above, filling and grading of less than 10,000 square feet within 300 ft. of the OHWM (measured over a horizontal distance of 50 ) are allowed with a land use permit if the following standards are met: 1. Submittal of a complete application. 2. General Site plan including: a. Property boundaries. b. Existing and proposed structures. c. The location of structures on adjoining properties. d. Soil types. e. Grading limits 3. A stormwater management plan, with calculations, that meets the performance standards described in NR 151 Subchapter III, Non-Ag Performance Standards. 4. An erosion and sediment control plan for the project area that includes the following: a. Description of construction sequencing. b. Contact information for property owner, grading contractor, and erosion control subcontractor as applicable. c. Pre and post construction 2-foot contours. d. Pre and post construction drainage patterns. e. The locations and quantities of all BMPs. f. Location of the OHWM and the OHWM setback. g. Wetland boundaries. h. Existing and proposed wells and POWTS. i. Existing and proposed vegetation. 1. Areas disturbed within 75 feet of the OHWM shall be restored with native vegetation (trees, shrubs, ground cover). 2. Only non-phosphorus fertilizers may be used to establish and maintain a lawn in areas disturbed by grading and filling activities. 5. The Zoning Administrator may waive any requirement identified in 2. through 4. above if it is determined that the requirement is not pertinent to the scope of the project. 6. Construction may not proceed until the Zoning Administrator has approved the plans. 7. The property owner shall execute and record an affidavit referencing the approved storm water management plan and maintenance requirements with the County Register of Deeds within 30 days after construction is completed. a) The affidavit shall alert subsequent purchasers of the land of the maintenance requirements of the plans. St. Croix County Zoning Ordinance

10 Shoreland Zoning b) The property owner shall submit a copy of the affidavit along with a record drawing and photos of the storm water retention/detention devices, drainage ways to the Zoning Administrator. (d) Filling and grading any area equal to or greater than 10,000 square feet shall require a special exception permit and be subject to the provisions in (5)- (7). (e) 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, shall be prohibited. (f) Any construction or land disturbance activities for public improvements affecting slopes 30% or greater with the slope measured over a horizontal distance of 50, shall be prohibited. (g) Filling or grading of any area at or below the OHWM of a navigable body of water requires approval by the Wisconsin Department of Natural Resources. (3) RESTRICTIONS ON LAGOONING OR DREDGING. (a) A special exception permit issued subject to sub. (5) and 17.70(7) shall be required before construction, dredging, commencing work on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 of the high water mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water. Such permit shall no be granted until the applicant has obtained all State permits required for lagooning or dredging from the Department of Natural Resources. (b) 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. (4) EXCEPTIONS. The requirements of this section do not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation. (5) ADDITIONAL CONDITIONS ATTACHED TO SPECIAL EXCEPTIONS. In granting a special exception permit for filling, grading, lagooning or dredging, the Board may attach the following conditions in addition to those specified in 17.70(7) of this chapter in order that: (a) The smallest amount of bare ground be exposed for as short a time as possible. (b) Temporary ground cover such as mulch be used and permanent such as sod be planted. (c) Diversions, silting basings, terraces and other methods to trap sediment be used. (d) Lagooning be conducted in such a manner as to avoid creation of fish trap conditions St. Croix County Zoning Ordinance

11 (e) Fill be stabilized according to accepted engineering standards. (f) Fill not be allowed to restrict a floodway or destroy the storage capacity of a floodplain. (g) Sides of a channel or artificial watercourse be stabilized to prevent slumping. (h) Sides of channels or artificial watercourses be constructed with side sloped of 2 units horizontal distance to one unit vertical or flatter, unless bulkheads or riprapping are provided SETBACKS. (1) HIGHWAY SETBACKS. Highway setback requirements in areas subject to shoreland zoning shall be the same as those of subchapter VI, but the town governments shall have no authority over these provisions insofar as they relate to shoreland areas. (2) SETBACK FROM WATER. All buildings and structures, except piers and wharves, shall be set back at least 75 from all points along the normal high water elevation unless otherwise specified by a floodplain zoning provision or as provided in subsection (3) below. The use of a boathouse for human habitation and the construction or placing of a boathouse below the ordinary high water mark of any navigable waters are prohibited. (3) SETBACK AVERAGING. A setback less than 75 feet as required by subsection (2) above may be permitted by the County zoning administrator when there is a main building on both lots either side of and within 200 feet of the applicant s lot closer than 75 feet from all points along the normal high water elevation. The setback will be the average of the setbacks of the two main buildings on either side of applicant s lot. A setback of less than 75 feet may also be permitted if there is a main building within 200 feet of the applicant s lot closer than 75 feet from all points along the normal high water elevation on only one lot adjoining the applicant s lot. The setback will be the average of the setback of the main building and 75 feet. Any other setback reduction would have to qualify as a variance to this ordinance and be granted by the County Board of Adjustment as provided in sec (5) of this ordinance DISTRICTS. The shorelands of the County are hereby divided into the following districts described in through below: (1) Conservancy District. (2) Shoreland-Wetland District. (3) Recreational Residential District. (4) St. Croix Valley District. St. Croix County Zoning Ordinance

12 Shoreland Zoning CONSERVANCY DISTRICT. (1) PURPOSE. Wetlands are areas where groundwater is at or near the surface much of the year. Tamaracks, sphagnum moss, sedges, cattails, reed and bulrushes are typical wetland vegetation types. Wetlands are seldom suitable for building for the following reasons: (a) Septic tank systems will not function because of high ground water. (b) Water supplies are often polluted by septic tank wastes that have not been adequately absorbed by the soil. (c) Foundations and roads crack due to poor support capacities and frost action. (d) Flooding is common is spring and other times of high water. Filling rarely solves all these problems so that the land often cannot be safely improved even at great expense. Wetlands provide spawning grounds and wildlife habitat. The natural plant and animal communities found here provide ecological balance to a watercourse. (e) To maintain safe and healthful conditions, prevent water pollution, protect fish spawning grounds and aquatic life and preserve shore cover and natural beauty, building development in wetlands should be limited. (2) PERMITTED USES. (a) The harvesting of any wild crop such as marsh hay, ferns, wild rice, berries, tree fruits and tree seeds. (b) Sustained yield forestry. (c) Hunting, fishing, trapping, preservation of scenic, historic and scientific areas, wildlife preserves. (d) Nonresident buildings used solely in conjunction with the raising of waterfowl, minnows and other similar lowland animals, fowl or fish. (e) Hiking trails or bridle paths. (f) Accessory uses. (g) Public and private parks, picnic areas, golf courses and similar uses. (h) Signs, subject to the restrictions of (3) SPECIAL EXCEPTIONS. The following uses upon issuance of a special exception permit as provided in 17.70(7) of this chapter and the prior issuance of any State required permit St. Croix County Zoning Ordinance

13 (a) General farming, provided farm animals shall be kept at least 100 from any nonfarm residence. (b) Dams, power plants, flowages, ponds, utility uses such as, but not restricted to, telephone, telegraph and power transmission lines. (c) Relocation of any watercourse. (d) Filling, drainage or dredging of wetlands. (e) Removal of topsoil or peat. (f) Cranberry bogs. (g) Piers, docks, boathouses SHORELAND-WETLAND DISTRICT. (1) DESIGNATION. This district shall include all shorelands and wetlands within the jurisdiction of this chapter which are wetlands of 5 acres or more designated on the Wisconsin Wetlands Inventory Maps that have been adopted and made a part of this chapter in These maps are on file in the office of the County Zoning Administrator. (2) PURPOSE. This district is adopted to maintain safe and healthful conditions, prevent water pollution, protect fish spawning grounds and wildlife habitat, preserve shore cover and natural beauty and 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. (3) PERMITTED USES. The following uses shall be allowed, subject to general shoreland zoning regulations in through 17.31, and of this chapter, the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other State and federal laws, if applicable. (a) 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. 1. Hiking, fishing, trapping, hunting, swimming and boating. 2. The harvesting of wild crops, such as marsh hay, farms, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops. 3. The practice of silviculture, including the planting, thinning and harvesting of timber. St. Croix County Zoning Ordinance

14 Shoreland Zoning 4. The pasturing of livestock and the construction and maintenance of fences. (b) 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. (4) PROHIBITED USES. Any use not listed in pars. (3)(a), (b) or (c) above is prohibited, unless the wetland or a portion thereof has been rezoned by amendment of this chapter in accordance with 59.97(5)(e), Wis. Stats., Ch. NR 115, Wis. Adm. Code, and sub. (5) of this section. (5) REZONING OF LANDS IN THE SHORELAND-WETLAND ZONING DISTRICT. (a) 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: 1. 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. 2. Written notice of the public hearing to be held on a proposed amendment at least 10 days prior to such hearing. 3. A copy of the County Zoning Committee's findings and recommendations on each proposed amendment within 10 days after the submission of those findings and recommendations to the County Board. 4. Written notice of the County Board's decision on the proposed amendment within 10 days after it is issued. (b) A wetland 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: 1. Storm and floodwater storage capacity. 2. 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. 3. Filtering or storing of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters. 4. Shoreline protection against soil erosion. 5. Spawning, breeding, nursery or feeding grounds of fish St. Croix County Zoning Ordinance

15 6. The cultivation of agricultural crops. 7. The construction and maintenance of duck blinds. 8. The construction and maintenance of piers, docks and walkways, including those built on pilings. 9. The maintenance, repair, replacement and reconstruction of existing town and County highways and bridges. 10. Dike and dam construction and ditching for the purpose of growing and harvesting cranberries. (b) 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: 1. 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 silviculture activities if not corrected. 2. Ditching, tiling, dredging, excavating or filing 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. (c) Uses which are allowed upon the issuance of a zoning (land use) permit: 1. The construction and maintenance of roads which are necessary to conduct silvicultural activities or are necessary for agricultural cultivation, provided the road cannot as a practical matter be located outside the wetland and it is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards: a. The road shall be designed and constructed as a single lane 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. 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. 2. The construction 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, St. Croix County Zoning Ordinance

16 Shoreland Zoning if such building cannot as a practical matter be located outside the wetland, provided that: a. Any such building does not exceed 500 sq. ft. in floor area. b. No filling, flooding, draining, dredging, ditching, tiling or excavating is to be done. 3. The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific area, wildlife refuges, game preserves and private wildlife habitat areas provided that: a. Any private recreation or wildlife habitat area must be used exclusively for that purpose. b. No filling is to be done. c. 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. 4. The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution line, 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: a. That the transmission and distribution lines and related facilities cannot as a practical matter be located outside the wetland. b. No filling is to be done except for limited filling and grading necessary for the construction of boat access sites which cannot be located outside the wetland. 5. The construction and maintenance of railroad lines, provided that the railroad lines cannot as a practical matter be placed outside of the wetland. 6. Wildlife habitat. 7. Areas of special recreational, scenic or scientific interest, including scarce wetland types. (c) If the Department of Natural Resources has notified the County Zoning Committee that a proposed amendment to the Shoreland-Wetland district may have a significant adverse impact upon any of the criteria listed in par. (b) above, that amendment, if approved by the County Board shall contain the following provision: St. Croix County Zoning Ordinance

17 "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 (6), Wis. Stats. If the Department does so notify the County Board, the effect of this amendment shall be stayed until the (6), Wis. Stats., adoption procedure is completed or otherwise terminated RECREATIONAL RESIDENTIAL DISTRICT. (1) PURPOSE. The purpose of the Recreational Residential District is to protect the waters and shorelands of the County be providing for safe and orderly shoreland development. In this district, residential, recreational and conservancy uses are permitted and a limited number of commercial uses serving recreational needs are allowed as special exceptions. (2) PERMITTED USES. (a) Any use permitted under (b) Year-round or seasonal one family dwellings for owner occupancy, rent or lease. (c) Accessory uses. (d) Signs, subject to the regulations of (3) SPECIAL EXCEPTIONS. The following uses are permitted upon the issuance of a special exception permit as provided in 17.70(7) of this chapter. Unless a greater distance is specified, any structure shall be at least 100 from a residence other than that of the owner of the establishment, his agent or employee; 75 from a residential property line; or 25 from any side lot line for the permit to be granted. (a) Two family dwellings or multiple family dwellings involving 3 or more units. (b) Hotels, resorts (including 2 or more seasonal family dwellings for rent or lease), motels, restaurants, dinner clubs, taverns and other private clubs. (c) Recreational camps and campgrounds provided all buildings shall be more than 100 from the side lot line. Recreational camps shall conform to Ch. HSS 175, Wis. Adm. Code, and campgrounds shall conform to Ch. HSS 178. Wis. Adm. Code, which shall apply until amended and then apply as amended. (d) Gift and specialty shops customarily found in recreational areas. (e) Marinas, boat liveries, sale of bait, fishing equipment, boats and motors, fish farms, forest industries. St. Croix County Zoning Ordinance

18 Shoreland Zoning (f) Mobile home parks, provided: 1. The minimum size of a mobile home part shall be 10 acres. 2. Maximum number of mobile homes shall be 10 per acre. 3. Minimum dimensions of a mobile home site shall be 50 wide by 85 long. 4. All drives, parking areas and walkways shall be hard-surfaced. 5. In addition to the requirements of subchapter VI of this chapter, there shall be a minimum setback of 40 from all other exterior lot lines. (i) Boat houses, provided they are set back 20 feet from the water's edge, and are of a height and color so as not to detract from the natural beauty of the shoreline and shall not be used for habitation St. Croix County Zoning Ordinance