Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Prescott, WI
Pierce County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (1) Index
A nonconforming use may not be expanded or enlarged. A change from one nonconforming use to another nonconforming use is not allowed. If a nonconforming use is discontinued for a period of 12 months, then any future use of the building and premises shall conform to all of the requirements of this chapter and other applicable requirements of the City Code.
Ordinary maintenance and repair to nonconforming principal structures in the overlay district is allowed.
Nonconforming principal structures located within the ordinary high-water setback area, bluffline setback area or slope preservation zone may be structurally altered or reconstructed and foundations may be replaced, improved or structurally altered if all of the following requirements are met:
A. 
The lot has an area of at least 7,000 square feet.
B. 
The altered or reconstructed structure will be visually inconspicuous or will be rendered so through mitigation as required in § 606-39 of this chapter. The mitigation requirements shall be incorporated into the conditional use permit.
C. 
The structure is altered or reconstructed in the same footprint as the preexisting structure.
D. 
The height of the structure following alteration or reconstruction complies with the height limitations of § 606-10 and other applicable requirements of the City Code. The reconstructed structure may not be any taller than the preexisting nonconforming structure, except that a preexisting flat roof may be replaced with a pitched roof.
E. 
The color of the structure complies with the building material color requirements of § 606-13 of this chapter.
F. 
The property owner submits a mitigation plan that complies with the requirements of § 606-39. If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved by the City. The mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition.
G. 
Private on-site wastewater treatment systems are brought into compliance with the requirements of Ch. SPS 383, Wis. Adm. Code, and the requirements of the City Code.
H. 
The foundation of the structure may not be replaced, improved or structurally altered. Notwithstanding the definition of "reconstruction" in § 606-2 and the preceding sentence, the foundation of a nonconforming principal structure may be replaced, improved or structurally altered in conjunction with the reconstruction of the structure if the entire structure is located more than 50 feet from the ordinary high-water mark and no part of the structure lies in a slope preservation zone.
I. 
An erosion control plan and revegetation plan shall be submitted to the City for approval or modification and approval prior to the issuance of a permit for the structural alteration or reconstruction.
J. 
No filling and grading is allowed during alteration or reconstruction except as minimally necessary to perform the alteration or reconstruction in compliance with other provisions of this chapter and to bring the site into conformity with existing sanitary, stormwater and erosion control requirements.
K. 
If the nonconforming structure is located in a slope preservation zone, it may reconstructed only if Wisconsin construction best management practices applicable to steeper sloped areas are implemented to control erosion. [Note: Approved best management practices for construction site erosion control can be found on DNR website http://dnr.wi.gov/runoff/stormwater/techstds.htm.]
Nonconforming principal structures located in the ordinary high-water-mark setback area or bluffline setback area may be expanded and the preexisting foundation may be replaced, repaired or structurally altered in conjunction with the expansion if all of the applicable following requirements are met:
A. 
Conformance with § 606-35A through K is required. Additionally, all of the following standards must be met, as applicable.
B. 
The nonconforming principal structure is not located wholly or partially within 50 feet of the ordinary high-water mark or within a slope preservation zone.
C. 
A nonconforming principal structure entirely set back more than 50 feet from the ordinary high-water mark and located wholly or partially within 75 feet of the ordinary high-water mark may be expanded only if the City concludes that there is no compliant building location available elsewhere on the lot.
D. 
Structures entirely located more than 75 feet from the ordinary high-water mark may be expanded regardless of whether a compliant building location exists elsewhere on the lot.
E. 
For structures located wholly or partially within the ordinary high-water-mark setback area, the total footprint of the structure may not exceed 1,500 square feet.
F. 
For structures located wholly or partially within the bluffline setback, but not within the ordinary high-water-mark setback area, the total footprint of the structure may not exceed 2,000 square feet and the structure shall comply with all of the requirements in § 606-12B(1) to (5).
G. 
Expansion is on the side of the structure farthest from the river or, if landward expansion is not possible, the expansion is parallel to the ordinary high-water mark or bluffline.
H. 
The height of the structure complies with § 606-10.
I. 
The color of the structure complies with § 606-13.
J. 
The property owner submits a mitigation plan that complies with the requirements of § 606-39. If a permit is issued after a mitigation plan is approved, or modified and approved, by the City of Prescott zoning authority, the mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition.
K. 
Private on-site wastewater treatment systems are brought into compliance with the requirements of Ch. SPS 383, Wis. Adm. Code.
L. 
An erosion control plan and revegetation plan shall be submitted to the City of Prescott zoning authority for approval, or modification and approval, prior to the issuance of a permit for the expansion.
M. 
There will be no filling or grading conducted as part of the reconstruction or expansion except as necessary to reconstruct or build the expansion in compliance with other provisions of this chapter, upgrade a private on-site wastewater treatment system, replace sewer or water laterals, or install stormwater or erosion control measures.
Ordinary maintenance and repair of nonconforming accessory structures in the overlay district is allowed. Nonconforming accessory structures may not be structurally altered, reconstructed or expanded, except that detached garages and storage sheds may be structurally altered, reconstructed or expanded if all of the following requirements are met, where applicable:
A. 
The entire detached garage or storage shed is not located in a slope preservation zone.
B. 
The entire detached garage or storage shed is set back more than 75 feet from the ordinary high-water mark.
C. 
The detached garage or storage shed is not used for human habitation.
D. 
The combined footprints of all nonconforming detached accessory structures on a lot other than existing driveways and located partially or entirely within 75 feet of the ordinary high-water mark, in a slope preservation zone or in a bluffline setback area may not exceed 500 square feet. The square footage allowance for detached garages and sheds is in addition to the square foot allowance for nonconforming principal structures.
E. 
The detached garage or storage shed is built with earth-tone building materials that are nonreflective, except that windows may be made of ordinary window glass or nonreflective glass, but may not be made of glass designed to reflect more light than ordinary window glass.
F. 
Mitigation measures are implemented and maintained that comply with the requirements of § 606-39.
G. 
The structure is visually inconspicuous or will be rendered so through a mitigation plan that complies with § 606-39.
Lots in the overlay district that were of record with the Pierce County register of deeds on January 1, 1976, or on the date of the adoption of an amendment to a City ordinance that made the lot substandard and which do not meet the requirements of this chapter, may be allowed as building sites if all of the following criteria are met:
A. 
Either the lot is held in separate ownership from abutting lands; or the lot, by itself or in combination with an adjacent lot or lots under common ownership in an existing subdivision has at least one acre of net project area. Adjacent substandard lots under common ownership may only be sold or developed as separate lots if each of the lots has at least one acre of net project area and separately complies with the City Code.
B. 
All structures that are proposed to be constructed or placed on a substandard lot and the proposed use of the lot shall comply with the requirements of this chapter, and all underlying City zoning and sanitary code requirements.
Expansion, structural alteration or reconstruction of nonconforming principal structures or nonconforming accessory structures in the overlay district shall comply with these mitigation requirements. Mitigation requirements shall be roughly proportional to the magnitude of the impacts of the proposed project on scenic resources, water quality, erosion potential and the protection of the shoreland area. Mitigation shall include but not be limited to the following:
A. 
Planting of trees capable of screening the entire structure if existing vegetation is not sufficient to render the structure visually inconspicuous. The trees shall be native to the area, at least two inches in diameter at breast height and planted no more than 12 feet apart parallel to all structure(s). To allow for future growth, these trees may be planted at different locations staggered between the structures and the river so long as they are still no more than 12 feet apart. These trees should be of a relatively fast-growing species such as maple and other appropriate species.
B. 
The vegetation in the area within 50 feet of the ordinary high-water mark shall be preserved or restored through planting of native vegetation. Vegetation shall be established or maintained at densities that are adequate to protect water quality, habitat and natural scenic beauty of the shoreland area. Vegetation shall provide screening between all structures and the river so as to make all nonconforming structures visually inconspicuous while providing a limited view to the river from the structures. A fifteen-foot wide mowed area around the structure to protect it from wildfire is permitted.
C. 
Best management practices shall be followed to encourage stormwater infiltration and to limit erosion and runoff. [Note: Approved best management practices for construction site erosion control can be found on DNR website http://dnr.wi.gov/runoff/stormwater/techstds.htm.]
D. 
A property owner shall submit an affidavit signed by all owners describing the required mitigation plan 30 days prior to the first permit approval hearing. The affidavit, or if the mitigation plan is modified as a result of the permit approval hearing, a different affidavit describing the mitigation plan approved by the City, shall be recorded with the county register of deeds by the City Clerk within 14 days of final permit approval. This recorded affidavit shall describe the permanent vegetative screening, building color, erosion control and other continuing mitigation measures that will be required of future property owners, so as to put such future owners on notice as to mitigation measures they will be required to sustain.