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City of Prescott, WI
Pierce County
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Table of Contents
Table of Contents
The conditional uses and structures listed in § 606-3 may be permitted if the requirements in Article III and the following standards are met.
The City may grant a conditional use permit to divide property into lots for residential purposes when the City determines that all of the following conditions are met:
A. 
All lots on which single-family residences are proposed to be built shall meet the minimum lot size and width requirements in §§ 606-8 and 606-9 and shall be suitable for residential development in their existing condition without the need for a variance.
B. 
All lots are suitable for their proposed use and will not be subject to the potential for flooding, inadequate drainage, severe erosion, inadequate water supply or inadequate sewage disposal capabilities.
C. 
The use of such lots will not be limited by unfavorable soil and rock formations, unfavorable topography, or any other feature likely to result in harm to the health, safety or welfare of future residents of the lots or of the local community.
D. 
The City and applicant shall consult with the State Historical Society concerning potential impacts to archaeological sites. If the property is found to contain an archaeological site, the applicant shall develop and implement a plan, subject to City approval, to avoid or mitigate adverse impacts to the archaeological site with the assistance from the State Historical Society.
A conditional use permit may be issued for a planned cluster development for single-family residences if the applicant demonstrates that all of the following criteria are met:
A. 
The proposed clustering provides a better means of preserving scenic views, open space and shoreline than a traditional single-family residential subdivision.
B. 
The proposed structures comply with the minimum ordinary high-water mark and bluffline setbacks and height standards in §§ 606-10, 606-11 and 606-12 of this chapter.
C. 
Exceptions to the standards in §§ 606-8 and 606-9 may be allowed by the City of Prescott for planned cluster developments, provided that the total number of single-family residences may not exceed 50% more than the total number of single-family residences allowed if the development complied with all standards in §§ 606-8 and 606-9 of this chapter.
D. 
No lot created in a planned cluster development shall abut the river.
E. 
If lands are divided, the land division meets the requirements of this chapter found in § 606-21, Land divisions.
A conditional use permit may be issued for the construction, updating, maintenance or reconstruction of transmission services if all of the following conditions are met:
A. 
All new, updated or reconstructed transmission services shall be placed underground, if the City determines that underground placement is technically feasible. As part of the application process, an applicant who seeks to establish that underground placement is technically infeasible shall provide supporting engineering data to explain to the City what factors make it infeasible.
B. 
When underground placement is determined to be technically infeasible by the City, aboveground transmission services may be permitted, but shall be designed and located to minimize adverse visual impact on the scenic character of the riverway.
C. 
New, updated or reconstructed transmission services shall be constructed and maintained using minimally invasive techniques for construction and maintenance, including erosion control. Existing transmission facilities shall be maintained using minimally invasive techniques, including erosion control.
D. 
Cutting or clearing of vegetation for transmission service maintenance may be conducted provided that an understory layer of vegetation shall be maintained to prevent erosion and allow succession. Vegetative management shall protect the quality and diversity of the plant community and prevent erosion. Herbicide use shall be limited to direct topical application to cut stems to prevent regrowth. The pruning of normal tree growth for safety reasons or to prevent interference with the transmission service and the removal of noxious weeds is allowed.
A conditional use permit may be issued for the installation, reconstruction, modification and replacement of wireless communication service facilities if the applicant demonstrates that all of the following conditions are met:
A. 
Construction and maintenance shall be conducted using techniques which minimize the cutting or pruning of vegetation in order to preserve mature vegetation and provide screening of the facilities. Erosion control measures shall be employed.
B. 
Wireless communication service facilities shall use building materials, colors, textures, screening and landscaping that blend the facilities into the surrounding natural features and shall be visually inconspicuous.
C. 
Wireless communication service facilities shall be of camouflage or stealth design, unless placed on existing structures.
D. 
Wireless communication service facilities, in the River Town Management Zone shall be of a height designed to blend in with the historic character of the community.
E. 
Wireless communication service facilities in the Rural Residential Management Zone may not exceed a height of 50 feet or no more than 20 feet above the tallest structure or tree canopy within a three-hundred-foot radius of the proposed wireless communication facilities as measured horizontally, whichever is higher.
F. 
New or reconstructed wireless communication service facilities may not be placed in slope preservation zones, floodplains or wetlands.
A. 
A conditional use permit may be issued for filling and grading activities in the Riverway Overlay District in the following areas if the conditions in Subsection B are satisfied:
(1) 
In slope preservation zones that do not directly face the river and do not drain directly to the river.
(2) 
Outside of slope preservation zones when more than 10,000 square feet of land is proposed to be disturbed by filling or grading activity.
(3) 
Within 40 feet of a slope preservation zone.
B. 
A conditional use permit may be issued for filling and grading in the areas described in Subsection A when the applicant demonstrates that all of the following conditions are met:
(1) 
Filling and grading activities do not disturb more than 10,000 square feet of land within a slope preservation zone.
(2) 
No wetlands are filled or graded.
(3) 
All vegetation that is removed will be promptly replaced with native vegetation during the same growing season.
(4) 
Filling and grading activities are designed and implemented in a manner that minimizes erosion, sedimentation, and impairment of fish and wildlife habitat.
(5) 
As part of an erosion control plan, Wisconsin construction site best management practices are implemented. [Note: Approved best management practices for construction site erosion control can be found on DNR website http://dnr.wi.gov/runoff/stormwater/techstds.htm.]
A conditional use permit may be issued for the construction, updating, maintenance or reconstruction of structural erosion control measures in slope preservation zones in the Riverway Overlay District if the applicant demonstrates that all of the following conditions are met:
A. 
The City has determined that structural erosion control measures are necessary to address significant ongoing erosion that nonstructural erosion control measures cannot control.
B. 
The structural erosion control measure is constructed of natural materials and is located and implemented to be as visually inconspicuous as possible.
C. 
The person seeking to construct the structural erosion control measure shall submit a detailed construction plan, an erosion control plan and a vegetative management plan, showing how the structural erosion control measure will be constructed, what land disturbing activities will take place, what, if any, vegetation will be removed, and how new native vegetation will be reestablished. Construction may not proceed until the City has approved the plans.
A conditional use permit may be issued for a stairway if the applicant demonstrates that all of the following conditions are met:
A. 
The stairway is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions.
B. 
The tread width of the stairway may not exceed 48 inches.
C. 
Landings are located at vertical intervals of not less than 20 feet, and no individual landing may exceed 40 square feet in area.
D. 
Handrails may be permitted in conjunction with stairways.
E. 
No canopies and or roofs will be installed as part of the stairway.
F. 
The stairways, handrails and landings shall be anchored and supported above grade with pilings or footings.
G. 
Stairways shall be constructed of unfinished wood or stone, or shall be painted or stained with earth-tone materials.
H. 
Stairways shall be visually inconspicuous and shall be located in the most visually inconspicuous area of the lot.
I. 
Native vegetation plantings shall be used to form a vegetative canopy to screen the stairway from the river.
J. 
Existing vegetation may be removed only within one foot of either side of the stairway route and no more than eight feet above the stairway floor.
K. 
Only one stairway is permitted on any one lot abutting the Lower St. Croix River.
A conditional use permit may be issued for a lift if the applicant demonstrates that all of the following requirements are met:
A. 
The lift is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions.
B. 
The car floor of the lift does not exceed four feet by six feet in area.
C. 
Canopies and roofs are not allowed.
D. 
All visible parts of the lift shall be painted or finished in earth tone, nonreflective materials and shall be visually inconspicuous.
E. 
Lifts and their transporting device or power source shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot.
F. 
Native plantings shall be used to form a vegetative canopy to screen the lift from the river.
G. 
Existing vegetation may be removed only within one foot on either side of the lift route and no more than eight feet above the lift floor.
H. 
Only one lift is permitted on a lot that abuts the Lower St. Croix River.
A conditional use permit may be issued for the construction, reconstruction or right-of-way maintenance for public roads and private roads serving two or more existing or newly created lots or single-family residences if the applicant demonstrates that all of the following conditions are met. Prior to obtaining such a conditional use permit, the applicant must obtain approval from the Public Works Director.
A. 
No new road may be constructed in slope preservation zones, in an area 40 feet landward of blufflines, within 200 feet of the river, within 100 feet of tributary watercourses or in wetlands.
B. 
Route design and construction or reconstruction shall minimize visual impacts by using terrain features to blend the road into the landscape, avoiding cuts and fills as much as feasible.
C. 
New roads shall be visually inconspicuous. Reconstruction of existing roads shall be performed in a manner that does not increase the visibility of the road from the river.
D. 
All new roads shall meet or exceed the applicable standards and requirements of the City Code.
E. 
Cutting or clearing vegetation for road right-of-way maintenance shall be conducted only in accordance with the following requirements:
(1) 
Vegetation shall be managed to allow an understory layer to remain in place to prevent erosion and allow succession. Vegetation shall not be disturbed in such away that there would be reduced quality or diversity of the plant community or increased potential for erosion.
(2) 
Herbicide use shall be limited to direct topical application to cut stems to prevent regrowth. The pruning of normal tree growth for safety reasons or to prevent interference with infrastructure and the removal of noxious weeds is permitted.
(3) 
Mowing of a safety zone is allowed, extending from the edge of the pavement back 15 feet or to the ditch bottom, whichever is less, as is the periodic clearing of intersection vision triangles. Other parts of the right-of-way may be mowed to control noxious weeds and undesirable brush and only after July 15 in order to avoid adverse impact on ground-nesting birds.
(4) 
Cutting of trees more than four inches in diameter breast height is prohibited, except that trees that pose a hazard to public health or safety may be removed.
A conditional use permit may be issued for a bed-and-breakfast operation in any management overlay district if all of the following requirements are met:
A. 
The bed-and-breakfast operation provides four or fewer rooms for rent to transient visitors.
B. 
The bed-and-breakfast operation has sufficient parking spaces on its lot for the guests.
A conditional use permit may be issued for the use of a single-family residence for a home occupation if all of the following requirements are met:
A. 
The owner or person who rents the residence on a full-time basis conducts the home occupation.
B. 
The home occupation is conducted inside of the residence and at all times is subordinate to the use of the home as a principal residence.
C. 
The home occupation will not cause environmental pollution.
D. 
If the home occupation causes additional persons to visit the residence, sufficient parking is provided on the lot.
A conditional use permit may be issued for a nature-oriented educational, nonprofit facility in the overlay district if all of the following requirements are met:
A. 
The facility will not cause environmental pollution or erosion.
B. 
The facility has sufficient parking on its property for patrons to park.