Conservation, Planning, & Zoning Department

Marathon County Land Conservation and Zoning Committee January 03, 2017

2018 Text Amendments to Chapter 17 General Zoning

What have we done to today?

Memo

01/03/2018

Summary of Proposed Amendments

01/03/2018

Website

01/03/2018

Town Responses

Town of Spencer left message at 11:45 Jan. 3 2017 – Questions on some of the language. (contacting them after this meeting)

01/03/2018

10 Larger Changes Proposed 1. Clarifying Living Area (17.202.11) 2. Changing the area of land not to be counted in

campgrounds (17.204.24) 3. Non-Metallic Mining (17.204.54) 4. Change to allow more flexibility in the RE district with

sidewall height and door size.(17.401) 5. Wetland Boundary Policy (17.402.07) 6. Sign Section (17.701) 7. Conditional Use Decisions (17.803.02) 8. Non Conforming Structures (17.805.12 (c) 9. Addition of General Application Refund Policy

(17.808.01) 10.Clarity on when a Site Plan Modification would have

to go back to the Board of Adjustment.

01/03/2018

Clarifying Living Area

01/03/2018

Minimum floor area for residents (800 Square feet) is not proposed changed. The change address that basements can not be used in calculation of minimum square footage for a building.

Changing the area of land not to be counted in campgrounds Campgrounds. Campgrounds which provide sites for primitive camping, tent camping, and camping trailers shall not contain a total number of campsites that exceed eight campsites per acre, excluding any acreage located in a the shoreland setback area, or floodplain or floodplain or wetlands district., Publicly or privately owned and/or operated campgrounds, summer camps and group accommodations are subject to the following: 01/03/2018

Changing the area of land not to be counted in campgrounds Existing • 300 feet from River • 1000 feet from Lake • Wetlands • Floodplain

0 Acres

Proposed • 75 feet from Rivers/Lakes • Wetlands • Floodplain *23 acres

01/03/2018

Non-Metallic Mining The entire section was rewritten to improve the flow of the section. The new section divides the section into 5 sections; 1. General requirements, 2. Blasting requirements, 3. Application requirements, 4. Farmland Preservation requirements, and 5. Conformance with approved site plan. 01/03/2018

Non-Metallic Mining Same • Reclamation Permit Required • Allowed in Residential Estate, Farmland Preservation,

General Agricultural, Conservancy/Recreational and Heavy Industrial Zoning Districts.

• All excavation shall be setback at least 100 feet from any existing occupied structure other than the owner’s.

• Mining up to or into the right-of-way may be authorized where it is determined by the unit of government having jurisdiction over the road that such mining would be beneficial.

01/03/2018

Non-Metallic Mining (same cont.) • Blasting hours may be regulated by the

conditions placed on the Conditional Use Permit. • All blasting shall be done in compliance with

State and Federal guidelines and requirements, including Chap. SPS 307.41 of the Wisconsin Administrative Code.

• All blasting must be done by a state licensed and certified blaster, who must have a certificate of liability or proof of liability insurance.

01/03/2018

Non-Metallic Mining Proposed Changes • All operations shall be at least 20 feet setback from

the any right-of-way and property boundaries. . Unprocessed and processed materials stockpiles, equipment storage, fueling stations, other related accessory uses such as scales, are not allowed within the setback area. (Was 10 feet)

• In the event two adjacent property owners of whom both hold valid nonmetallic mining permits, the Board of Adjustment may allow a reduction of the setback on that common boundary, with a written agreement. (Agreement did not have to be approved by Board of Adjustment)

01/03/2018

Non-Metallic Mining (Proposed Changes cont.) • Screening is required along any adjacent residential

parcel. Screening may include but not limited to vegetation, berms, natural landscape, and or distance. Existing vegetation and/or topography landscape on proposed mine site and/or adjacent parcel may be taken into consideration. (Screening was not required in the past)

• Blasting logs shall be provided to the County within 48 hours, excluding weekends, of a written request from the County. Blasting logs shall include only the date, time and location of any blasting activities. (Nothing in code about submitting blasting logs)

01/03/2018

Non-Metallic Mining (Proposed Changes cont.) • Copies of all deeds and leases for proposed mine

site • Written descriptions for the following items

• Measures to control noise and vibration • Proposed frequency of blasting • Measures to control dust • Proposed lighting and power sources • Security and safety measures

(Lays out all the discussion points that the Board of Adjustment should consider in decision)

01/03/2018

Change to allow more flexibility in the RE district with sidewall height and door size Section 17.401.01 GENERAL STANDARDS APPLICABLE TO ALL ACCESSORY STRUCTURES A. Principal Principle Building Required. In residential U-R, R-R and L-D-R districts, accessory structures or buildings may only be constructed on a lot that contains a principal principle building.

01/03/2018

Change to allow more flexibility in the RE district with sidewall height and door size (Cont.)

01/03/2018

Wetland Boundary Policy (NEW)

01/03/2018

Wetland Boundary Policy Cont.

Wetlands

01/03/2018

Wetland buffer of 35 feet

Sign Section 17.701 (reorder of chapter) Existing • Purpose and Intent • Administration • Illumination of Signs • Computation and rules of

measurement • Location standards for all signs • General Standards • Design Standards • Substitution • Maintenance of Signs • Abandoned Signs • Nuisance • Removal of Signs • Enforcement and Penalties • Prohibited signs • Signs Allowed without a Permit • Signs allowed with a permit • Nonconforming Signs

Proposed • Purpose and Intent • Administration • General Standards • Design Standards • Computation and rules of

measurement • Location standards for all signs • Illumination of Signs • Maintenance of Signs • Removal of Signs • Abandoned Signs • Nuisance • Substitution • Enforcement and Penalties • Signs Allowed with a Permit • Signs allowed without a permit • Prohibited signs • Nonconforming Signs

01/03/2018

Changes to sign section • Addition of Conditional Use

for On- Premises Building Mounted signs, Ground signs and electronic Signs in UR District. (Code allows Home occupations in UR District)

• Change Electronic Signs from permitted use to Conditional use in LDR

• Addition of allowance 1 on premise ground sign per road frontage instead of just 1.

Electronic Signs • Electronic or changeable copy

signs shall be subject to total maximum size and number of signs permit in the district as listed in 17.702.02, building mounted signs or table 15, Dimension and Location Standards for On-Premise Ground Signs, unless 17.702.05 (A)5 applies.

• If the electronic or changeable copy sign is part of a ground mounted sign that is not a changeable or electronic message center sign then the changeable or electronic message center sign may be 25% of the non-changeable or 25% of the total maximum area whichever is less.

01/03/2018

Conditional Use Determinations Board of Adjustment Determination.

The Board of Adjustment shall review the application for conditional use, together with the previous meetings’ findings and reports and recommendations from the Zoning Administrator, public safety officials, and other reviewing agencies. The Board of Adjustment shall then make a determination on the conditional use application, as set forth in 17.803.03 and based on the Substantial evidence, other requirements and standards of this ordinance. The Board of Adjustment may approve, approve with conditions, or deny a conditional use request as follows: 1. Approval. Upon determination by the Board of Adjustment that the final plan for conditional use is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, approval shall be granted. 2. Approval with Conditions. The Board of Adjustment may impose reasonable conditions with the approval of a conditional use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements: a. Conditions must be to the extent of practical and measurable b. Conditions shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole. bc. Conditions shall be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity. cd. Conditions shall be necessary to meet the intent and purpose of this ordinance, related to the standards established in this ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards. These conditions may include, but are not limited to the following: 1) The period of time in which all or part of the use may be permitted. Permit duration, transfer or renewal 2) Setback and yard dimensions. 3) Specified sewage disposal and water supply facilities. 4) Landscaping and planting screens. (Homeowners Bill of Rights)

01/03/2018

Conditional Use Determinations Effect of Approval. Upon approval, a conditional use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located. Once granted a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the Board of Adjustment may impose conditions such as the permits duration, transfer or renewal. (Homeowner’s Bill of Rights)

01/03/2018

Conditional Use Determinations Substantial Evidence. Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions. (Homeowner’s Bill of Rights)

01/03/2018

Non-Conforming Structures Rebuilding, Renovating or Remodeling Any nonconforming structure may be rebuilt, renovated or remodeled at the same size, same location and same use. If the structure is in a floodplain, it must comply with floodplain regulations pursuant to General Code of Ordinances for Marathon County Chapter 22 Shoreland, Shoreland-Wetland, and Floodplain. (Homeowner’s Bill of Rights)

01/03/2018

General Application Refund Policy

01/03/2018

Site Plan Modification 17.809.02 (C)

Revisions to Approved Site Plans. 1. Minor revisions to an approved site plan may be administratively reviewed by the Zoning Administrator, provided that such changes do not materially alter the approved site design, intensity of use or demand for public services. 2. If revisions to an approved Conditional Use Permit site plan materially alters the approved site design, intensity of use or demand for public services, the revision shall be submitted to the Board of Adjustment for approval. 01/03/2018

Conservation, Planning, & Zoning Department

LCZ Direction to Staff

• Are there any other section wish to discuss?

• Will the Committee allow us to go to public hearing on February 06, 2018?

Thank you!

Conservation, Planning, & Zoning Department