Village of Osceola, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Osceola 1-9-2007 by Ord. No. 07-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 92.
Historic preservation — See Ch. 130.
Subdivision of land — See Ch. 218.
Zoning — See Ch. 219.
[1]
Editor's Note: This ordinance also repealed former Ch. 217, St. Croix River District, adopted 5-10-2005 by Ord. No. 05-04.
The following rules are necessary to reduce the adverse effects of overcrowding and poorly planned shoreline and bluff area development, to prevent pollution and contamination of surface waters and groundwaters and soil erosion, to provide sufficient space on lots for sanitary facilities, to minimize flood damage, to maintain property values, and to preserve and maintain the exceptional scenic, cultural and natural characteristics of the water and related land of the Lower St. Croix riverway in a manner consistent with the National Wild and Scenic Rivers Act (P.L. 90-542), the Federal Lower St. Croix River Act of 1972 (P.L. 92-560) and the Wisconsin Lower St. Croix River Act (§ 30.27, Wis. Stats.).
Section 30.27 of the Wisconsin Statutes is hereby adopted by reference. This chapter also incorporates by reference the Standards for the Lower St. Croix National Scenic Riverway (NR 118). This chapter is intended to supplement the regulation of activities within the District as provided by NR 118 and shall be administered in strict conformity with NR 118.
A. 
The boundaries of the St. Croix River District shall include those areas of the Village within the boundaries of the St. Croix National Scenic Riverway.
B. 
The boundaries of the St. Croix River District shall also include any platted lots, whether current or in the future, located immediately across any public highway or street from properties located within the Small Town Historic and River Town Management Zones of the St. Croix National Scenic Riverway.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A subordinate structure, the use of which is incidental to, and customarily found in connection with, the principal structure or use of the property. Accessory structures include, but are not limited to, detached garages, sheds, barns, gazebos, patios, decks (both detached and attached), swimming pools, hot tubs, fences, retaining walls, driveways, parking lots, sidewalks, detached stairways, and lifts.
ACCESSORY USE
A use subordinate to and serving the principal use on the same lot and customarily incidental thereto.
AGRICULTURE
Beekeeping; livestock grazing; orchards; raising of grain, grass or seed crops; raising of fruits, nuts or berries; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; and vegetable raising.
ANTENNA
Any device or equipment used for the transmission or reception of electromagnetic waves, which may include an omnidirectional antenna (rod), a directional antenna (panel) or a parabolic antenna (disc).
BED-AND-BREAKFAST OPERATION
A place of lodging for transient guests that is the owner's personal residence, that is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.
BLUFFLINE
A line along the top of the slope preservation zone.
BUILDING LINE
A line measured across the width of a lot at that point where the principal structure is placed in accordance with setback provisions.
CAMOUFLAGE DESIGN
A wireless communication service facility that is disguised, hidden or screened, but remains recognizable as a tower or antenna.
COMPLIANT BUILDING LOCATION
An area on a lot where a building could be located in compliance with all applicable ordinance requirements.
CONDITIONAL USE
A use that is specifically listed in a local zoning ordinance as either a conditional use or special exception and that may only be permitted if the local zoning authority determines that the conditions specified in the ordinance for that use are satisfied.
DEPARTMENT
The Wisconsin Department of Natural Resources.
DISABLED
Having a physical or mental impairment that substantially limits one or more major life activities.
EARTH-TONE
Colors that harmonize with the natural surroundings on the site during leaf-on conditions.
EXPANSION
An addition to an existing structure regardless of whether the addition is vertical or horizontal or both.
FILTERED VIEW OF THE RIVER
One can see the river through the vegetation, while any structure remains visually inconspicuous.
FOOTPRINT
The land area covered by a structure at ground level, measured on a horizontal plane. The footprint of a residence includes attached garages and porches, but excludes decks, patios, carports, and roof overhangs.
FOUNDATION
The underlying base of a building or other structure, including but not limited to pillars, footings, and concrete and masonry walls.
HISTORIC DISTRICT
An area designated by the Village Board, on recommendation of the Commission, that contains two or more historic improvements or sites.
HISTORIC SITE
Any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which an historic event has occurred, and which has been designated as an historic site under this chapter, or an improvement parcel, or part thereof, on which is situated an historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.
HISTORIC STRUCTURE
Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of Osceola, the state or nation and which has been designated as an historic structure pursuant to the provisions of this chapter.
HUMAN HABITATION
The use of a building or other structure for human occupancy, including but not limited to cooking, eating, bathing, and sleeping.
IMPROVEMENT
Any building, structure, place, work of art or other object constituting a physical betterment of real property or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.
LAND DIVISION
Any division of a parcel of land by the owner or the owner's agent, for the purpose of transfer of ownership or building development, which creates one or more parcels or building sites of 20 acres or less.
LANDSCAPE ARCHITECT
A person who has graduated with a major in landscape architecture from a college accredited by the American Society of Landscape Architects.
LIFT
A mechanical device, either temporary or permanent, containing a mobile open-top car including hand or guard rails, a track upon which the open-top car moves, and a mechanical device to provide power to the open-top car.
LOCAL ZONING ORDINANCE
Any county, town, city or village zoning ordinance, portion of an ordinance, or amendments thereto, adopted by a village, with authority from state enabling legislation, which regulates the use of land within the Lower St. Croix riverway.
LOT
A contiguous parcel of land with described boundaries.
LOWER ST. CROIX RIVERWAY or LOWER ST. CROIX NATIONAL SCENIC RIVERWAY
The area described in NR 118.02(1).
MANAGEMENT ZONES
The Lower St. Croix riverway management zones established in NR 118.04.
MITIGATION
Action taken to minimize the adverse impacts of development. The term "mitigation" includes, but is not limited to, the installation of vegetative buffers, the removal of nonconforming structures from the shoreland setback area, and the implementation of best management practices for erosion control and stormwater management.
NET PROJECT AREA
Developable land area minus slope preservation zones, floodplains, road rights-of-way and wetlands.
NONCONFORMING STRUCTURE
A building or other structure whose location, dimensions or other physical characteristics do not conform to the standards in the current local zoning ordinance but which was legally constructed or placed in its current location prior to the adoption of the ordinance or ordinance amendment that made it nonconforming.
NONCONFORMING USE
The use of land, a structure, or other premises that does not conform to the land use restrictions in the current local zoning ordinance, but which was legally established prior to the adoption of the ordinance or ordinance amendment that made it nonconforming.
ORDINARY HIGH WATER MARK
Has been defined by the Wisconsin Supreme Court to mean the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. Where the bank or shore at any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high water mark is, recourse may be had to the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high water mark.
ORDINARY MAINTENANCE AND REPAIR
Any work done on a nonconforming structure that does not constitute expansion, structural alteration, or reconstruction and does not involve the replacement, alteration, or improvement of any portion of the structure's foundation.
PLANNED CLUSTER DEVELOPMENT
A pattern of development that places residences into compact groupings as a means of preserving open space.
PORCH
A building walkway with a roof over it, providing access to a building entrance.
PRINCIPAL STRUCTURE
The main building or other structure on a lot that is utilized for the property's principal use. The term "principal structure" includes attached garages and porches.
REASONABLE ACCOMMODATION
Allowing a disabled person to deviate from the strict requirements of the county's zoning ordinances if an accommodation is necessary and reasonable, in order not to unlawfully discriminate against the disabled person and to allow him or her equal housing opportunity.
RECONSTRUCTION
The replacement of all or substantially all of the components of a structure other than the foundation.
SELECTION CUTTING
The removal of selected trees throughout the range of merchantable sizes at regular intervals, either singly or in small groups, leaving a uniformly distributed stocking of desirable tree and shrub size classes.
SETBACK
The minimum horizontal distance between a structure and either the ordinary high water mark or the bluffline.
SHELTERWOOD CUT
A partial removal of mature trees leaving trees of desirable species and form to provide shade, seed source, and a desirable seedbed for natural regeneration with the final removal of the overstory after adequate regeneration is established.
SINGLE-FAMILY RESIDENCE
A detached structure used for human habitation for one family.
SLOPE PRESERVATION ZONE
The area riverward from the bluffline where the slope towards the river is 12% or more, as measured horizontally for a distance of not more than 50 feet or less than 25 feet.
SMALL REGENERATION CUT
A harvest of not more than one-third of the contiguous forested ownership within a ten-year period with each opening not exceeding six acres in size and not closer than 75 feet at their closest points.
STEALTH DESIGN
A wireless communication service facility that models or mimics in size or shape and color something in the surrounding landscape, such as silos in farm settings and trees in forested lands, and are unrecognizable year round as an antenna or antenna mount.
STRUCTURAL ALTERATION
The replacement or alteration of one or more of the structural components of any of a nonconforming structure's exterior walls.
STRUCTURAL COMPONENT
Any part of the framework of a building or other structure. The structural components of a building's exterior walls include the vertical studs, top and bottom plates, and window and doorsills and headers. A structural component may be non-load-bearing, such as the framework of a wall at the gable end of a one-story house. Wall-coverings, such as siding on the exterior and dry wall on the interior, are not included in the definition of structural component.
STRUCTURAL EROSION CONTROL MEASURES
A retaining wall or other man-made structure whose primary function is to control erosion.
STRUCTURE
Any man-made object with form, shape and utility, that is constructed or otherwise erected, attached to or permanently or temporarily placed, either upon the ground, a riverbed, streambed, or lakebed or upon another structure. For the purposes of this chapter, the term "structure" includes swimming pools, hot tubs, patios, decks and retaining walls, but does not include landscaping or earthwork such as graded areas, filled areas, ditches, berms, or earthen terraces. The term "structure" does not include small objects that are easily moved by hand, such as lawn chairs, portable grills, portable picnic tables, bird feeders, birdhouses, and birdbaths.
SUBSTANDARD LOT
A lot with dimensions that do not conform to all of the requirements of the local zoning ordinance.
TRANSMISSION SERVICES
Electric power lines, telephone and telegraph lines, communication towers, cables, sewage lift stations, sewer and water pipes, and other pipes, conduits and accessory structures that are used to transport power, convey information or transport material between two points, other than wireless communication service facilities.
VISUALLY INCONSPICUOUS
Difficult to see, or not readily noticeable, in summer months as viewed from at or near the mid-line of the Lower St. Croix River.
WETLAND
Has the meaning found in § 23.32(1), Wis. Stats.
Note: Section 23.32 (1), Wis. Stats., defines wetland to mean an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
WIRELESS COMMUNICATION SERVICE FACILITIES
Hardware that provides wireless communication services, including antennas, towers, all associated equipment, and buildings and other structures.
A. 
The Lower St. Croix riverway is divided into five management zones. Management zones exist without regard to municipal boundaries and may not be changed by annexation or any action other than revision by the State of Wisconsin. The following management zones in the Village of Osceola are established as follows:
(1) 
River Town. The River Town Management Zone reflects the character of a small city and contains a mixture of commercial, park and residential developments that reflect the community's historic character. Dense, intensive development may be present, including utilities, multistory structures and nonresidential buildings.
B. 
Small Town Historic.
(1) 
The Small Town Historic Management Zone contains mostly single-family residences and is primarily historic in character. While some residences are newer and there are some commercial buildings that are historic in character, the predominant character of this district is of a late 19th or early 20th century residential area. A combination of man-made features, residential lawns and natural features will be found in this management zone.
(2) 
The Small Town Historic Management Zone is established within the Village limits of Osceola, as they existed on January 1, 1976, and shall also include any platted lots, whether current or in the future, located immediately across any public highway or street from properties located within the Small Town Historic Management Zone as designated by the State of Wisconsin.
C. 
Conservation.
(1) 
The Conservation Management Zone is primarily natural and mostly wooded, with some single-family residential uses. Shoreline areas are natural and do not contain residential lawns.
(2) 
The Conservation Management Zone is established in both of the following locations:
(a) 
In an area bounded on the north by the south boundary of Wisconsin Interstate State Park and on the south by the north Village limits of Osceola, as they existed on January 1, 1976.
(b) 
In an area bounded on the north by the south Village limits of Osceola, as they existed on January 1, 1976, and on the south by the Arcola High Bridge.
(3) 
The Conservation Management Zone shall also include any platted lots, whether current or in the future, located immediately across any public highway or street from properties located within the Conservation Management Zone as designated by the State of Wisconsin.
A. 
Permitted uses and structures.
(1) 
All management zones.
(a) 
Permitted uses. The following uses are allowed in all management zones if the standards in NR 118.06 are met:
[1] 
Single-family residential and accessory uses.
[2] 
Conservancy.
[3] 
Forestry.
[4] 
Agriculture.
[5] 
Public parks, areas devoted to natural resource management and interpretation, waysides, rest areas, information areas and scenic overlooks.
[6] 
Filling and grading outside of slope preservation zones.
(b) 
Permitted structures. The following structures are allowed in all management zones if the standards in NR 118.06 are met:
[1] 
Single-family residences and accessory structures.
[2] 
Piers or wharves that have required state and federal permits or that meet statutory criteria or administrative rule standards and do not require a state or federal permit.
[3] 
Signs.
[4] 
Structural erosion control measures constructed outside of slope preservation zones. Rock rip-rap may be allowed within a slope preservation zone and in the ordinary high water mark setback area if the local zoning authority determines that rip-rap is necessary to prevent erosion in flood-prone areas, and either a state permit is granted for the rip-rap or statutory criteria or administrative rule standards are met and a state permit is not required for the rip-rap.
(2) 
River Town Management Zone. In the River Town Management Zone, other uses and structures that are allowed by the local unit of government's underlying zoning ordinance may be allowed as permitted uses and structures, provided that the permitted uses and structures are listed in the local zoning ordinance with standards for those uses and structures that satisfy all of the following criteria:
(a) 
Protect the natural and scenic qualities of the Lower St. Croix riverway.
(b) 
Protect public health and safety.
(c) 
Prevent erosion and water pollution.
B. 
Conditional uses.
(1) 
All management zones. The following uses and structures are conditionally permitted uses in all management zones. Conditional use permits for these uses and structures shall comply with the applicable requirements in NR 118.06 and 118.07.
(a) 
Land divisions.
(b) 
Planned cluster developments for single-family residences.
(c) 
Transmission services.
(d) 
Wireless communication service facilities.
(e) 
Filling and grading within slope preservation zones.
(f) 
Structural erosion control measures constructed in slope preservation zones.
(g) 
Docks and piers.
(h) 
Stairways.
(i) 
Lifts.
(j) 
Public roads and private roads serving two or more properties or single-family residences.
(k) 
Bed-and-breakfast operations.
(l) 
Home occupations.
(m) 
Nature-oriented educational, nonprofit facilities.
(2) 
Small Town Historic Management Zones. In the Small Town Historic Management Zone, other uses and structures that are listed as conditional uses or special exceptions in the Village's underlying zoning ordinance may be allowed as conditional uses, provided that they are listed in the Riverway ordinance with standards for those conditional uses that satisfy all of the following criteria:
(a) 
Protect the natural and scenic qualities of the Lower St. Croix riverway.
(b) 
Protect public health and safety.
(c) 
Prevent erosion and water pollution.
(3) 
Reference § 217-15 for a listing of permitted, conditional, and nonpermitted uses within each management zone.
C. 
Prohibited. All uses and structures not listed as permitted or conditional uses shall be prohibited.
A. 
Dimensional and other standards.
(1) 
Minimum lot size. The minimum lot size for parcels that are allowed to be used as building sites in each management zone shall be as follows:
(a) 
In the River Town and Small Town Historic Management Zones, the minimum lot size shall be as established for the zoning district pursuant to the Village Code in the local riverway ordinance (§ 219-13 for residential districts; § 219-15 for commercial districts; and § 219-16 for industrial districts).
(b) 
In the rural residential and conservation management zones, the minimum lot size shall meet the following standards:
[1] 
The minimum lot size shall have at least one acre of net project area.
[2] 
If the lot is not served by a public sewage system or community sewage collection and treatment services, the lot shall have adequate room for one single-family residence and two private on-site wastewater treatment systems.
(2) 
Density standard. In the Conservation Management Zone, there may not be more than one single-family residence on each lot (§ 219-13 for residential districts; § 219-15 for commercial districts; and § 219-16 for industrial districts).
(3) 
Minimum lot width. The minimum lot width shall apply at the building line and at the side of the lot nearest the river. The minimum lot width for each management zone shall be as follows:
(a) 
In the River Town and Small Town Historic Management Zone, the minimum lot width shall be 100 feet.
(b) 
In the Conservation Management Zone, the minimum lot width shall be 250 feet.
(4) 
Maximum structure height. The maximum structure height shall be measured between the average ground elevation and the uppermost point of the structure, excluding chimneys. The maximum structure height for each management zone shall be as follows:
(a) 
In the River Town Management Zone, the maximum structure height shall be 35 feet except for wireless communication service facilities which meet the requirements of NR 118.07(4)(c) and (d). A conditional use permit may be granted for a maximum structure height up to 45 feet.
(b) 
In the Small Town Historic Management Zone, the maximum structure height shall be 35 feet except for wireless communication service facilities in the rural residential management zone which meet the height requirements of NR 118.07(4)(c), (d) and (e).
(c) 
In the Conservation Management Zone, the maximum structure height shall be 25 feet except for wireless communication service facilities which are subject to the height requirement of NR 118.07(4)(c) and (e).
(5) 
Ordinary high water mark setback. Except as provided in Subsection A(7), the ordinary high water mark setback shall be measured on a horizontal plane from the point of the structure that is nearest the ordinary high water mark, including roof overhangs and any cantilevered portions of the structure. The ordinary high water mark setback for each management zone shall be as follows:
(a) 
In the River Town and Small Town Historic Management Zones, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 100 feet from the ordinary high water mark.
(b) 
In the Conservation Management Zone, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 200 feet from the ordinary high water mark.
(6) 
Lot line setbacks.
(a) 
Bluffline setback. Except as provided in Subsection A(7), the bluffline setback shall be measured on a horizontal plane from the point of the structure that is nearest the bluffline, including roof overhangs and any cantilevered portions of the structure. The bluffline setback for each management zone shall be as follows:
[1] 
In the River Town and Small Town Historic Management Zones, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 40 feet from the bluffline.
[2] 
In the Conservation Management Zone, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 200 feet from the bluffline or meet the performance standards outlined in Subsection D.
(b) 
All setbacks not abutting a slope preservation zone shall conform to those previously established for the district (§ 219-13 for residential districts; § 219-15 for commercial districts; and § 219-16 for industrial districts.)
(7) 
The Village shall measure the ordinary high water mark setback and the bluffline setback on a horizontal plane from the point of any cantilevered portions of the structure that is nearest the ordinary high water mark or bluffline. The Village shall also require any cantilevered portion of the structure other than roof overhangs to be set back from the ordinary high water mark as required in Subsection A(5) and to be set back from the bluffline as required in Subsection A(6).
B. 
Structure color standards. The following structure color standards shall apply:
(1) 
In all management zones, structures designated as historic buildings or located in designated historic districts shall be either earth-tone colored or colored appropriate to the period in history for which they were constructed.
(2) 
Except as provided in Subsection B(1), in the River Town, Small Town Historic and Conservation Management Zones, all new, expanded, or reconstructed structures shall be earth-tone colored.
C. 
Sign standards. Signs are allowed in all management zones if one or more of the following criteria are met:
(1) 
The sign is approved by state or local government and is necessary for public health or safety.
(2) 
The sign indicates areas that are available or not available for public use.
(3) 
The sign is not visible from the river and is otherwise lawful.
D. 
Structural erosion control measures. Except for rock riprap that is allowed in compliance with the requirements in NR 118.05(1)(a)2.d., structural erosion control measures may only be placed above the ordinary high water mark and within the ordinary high water mark setback area and bluffline setback area if all of the following criteria are met:
(1) 
The structural erosion control measure is constructed outside of slope preservation zones, or a conditional use permit has been issued in compliance with the requirements of NR 118.07(6).
(2) 
The local zoning authority determines that structural erosion control measures are necessary to address significant ongoing erosion that nonstructural erosion control measures cannot control.
(3) 
The structural erosion control measure is constructed of natural materials and is made as visually inconspicuous as possible.
(4) 
The person seeking to construct the structural erosion control measure submits 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 Building Inspector for the Village of Osceola has approved the plans.
E. 
Slope preservation zone standards. No structures, except piers, wharves, structural erosion control measures, stairways and lifts, may be placed in slope preservation zones. Slopes greater than 12% may not be altered to become less than 12%.
F. 
Vegetation management.
(1) 
Goals. All of the following goals apply to all management zones:
(a) 
The primary goals of these vegetative management provisions are to screen structures to make them visually inconspicuous and to prevent disturbance of environmentally sensitive areas such as steep slopes, shorelines and bluff top areas.
(b) 
A secondary goal is to maintain and restore historically and ecologically significant plant communities and enhance diversity.
(c) 
Successional climax forest and presettlement disturbed oak savanna will be the preferred forest ecotype examples of significant plant communities.
(d) 
Vegetative screening of structures will take priority over restoration and maintenance of significant plant communities.
(2) 
Standards.
(a) 
Vegetation management standards in all management zones. In all management zones, all of the following vegetation management standards shall apply:
[1] 
Vegetation in ordinary high water mark setback areas, slope preservation zones and 40 feet landward of blufflines shall be left undisturbed, except as provided elsewhere in this subsection or in NR 118.07(3), (4) or (9).
[2] 
Vegetation may not be disturbed or removed if it would disrupt the visually inconspicuous character of structures, reduce the quality or diversity of the plant community, or increase the potential for erosion, except as provided elsewhere in this subsection or in NR 118.07(3), (4), or (9).
[3] 
Routine pruning of trees or shrubs to improve their health and vigor, pruning to provide a filtered view of the river, pruning to prevent property damage, or removing trees that pose an imminent safety hazard to persons or structures is allowed.
[4] 
Lawns within the ordinary high water mark setback areas, slope preservation zones, bluffline setback areas and within conservation management zones may not be expanded. However, mowing of existing lawns may be continued.
[5] 
These standards do not prohibit the growth and harvest of non-wood-fiber crops, the removal of vegetation in order to allow permitted uses or structures or conditional uses, the removal of state-designated noxious weeds, and the pruning or removal of vegetation to prevent insect infestation or disease that threatens large areas of vegetative cover.
Note: Noxious weeds include those species designated by § 66.96(2), Wis. Stats.,[1] which includes Canada thistle, leafy spurge and field bindweed, and any other such weeds as the governing body of any municipality or the county board of any county by ordinance or resolution declares to be noxious within its respective boundaries.
[1]
Editor's Note: Section 66.96, Wis. Stats., was renumbered by 1999 Act 150, §§ 617 to 619, effective 1-1-2001. For a definition of "noxious weed," see now § 66.0407(1)(b), Wis. Stats.
(b) 
Additional vegetation management standards in River Town and Small Town Historic Management Zones. In addition to the vegetation management standards found in Subsection F(2)(a), the following vegetation management standards also apply in the Small Town Historic Management Zone: If there are fewer than 25 trees over five inches in diameter on the lot between the building line and the river, the existing number of trees over five inches in diameter shall be maintained, and any trees that are removed as allowed in Subsection F(2)(a) shall be replaced by trees that are at least one inch in circumference at the base.
(c) 
Additional vegetation management standards in the Rural Residential and Conservation Management Zones. In addition to the standards found in Subsection F(2)(a), all of the following standards also apply in the Rural Residential and Conservation Management Zones:
[1] 
Herbicide use shall be limited to direct topical application to cut stems to kill noxious weeds, exotic species, poison ivy, poison oak, or poison sumac, or as a prescribed treatment within a forest stewardship plan.
[2] 
The practice of forestry shall be allowed on lands for which a forest stewardship plan has been developed under ch. 77, Wis. Stats., or ch. NR 46 or 47, and on lands managed under forest stewardship plans that employ best management practices for water quality protection, erosion control and generally accepted forest management guidelines and have been approved by a department forester. Forest stewardship plans prepared under this section shall be implemented to employ commonly accepted silvicultural practices approved by a department forester, to ensure that silvicultural practices are compatible with the riverway goals of protecting natural scenic values and ensuring that structures will remain visually inconspicuous. Cutting, harvesting or removal of timber under this provision on land that is visible from the river during the time when the leaves are on the deciduous trees may only include the following practices: small regeneration cuts with boundaries designed to harmonize with naturally occurring shapes; shelterwood cuts not to exceed the size, shape, spacing or timing of regeneration cuts; or selection cutting leaving a residual timber stand of at least 60 square feet basal area.
[3] 
Native vegetation shall be utilized for replacement planting when noxious weeds, exotic species, poison ivy, poison oak, poison sumac, or any other vegetation are removed.
(d) 
Penalties. In addition to any other penalties assessed by local authorities, the penalty for removing vegetation in violation of a local zoning ordinance implementing these rules shall include replacement of vegetation with native vegetation at the property owner's expense.
G. 
Private on-site wastewater treatment systems. Private on-site wastewater treatment systems shall be constructed in accordance with the requirements of ch. Comm. 83.
H. 
Filling and grading. Filling and grading may be permitted outside slope preservation zones if all of the following requirements are met:
(1) 
Filling and grading activities are set back at least 40 feet from slope preservation zones.
(2) 
Filling and grading activities do not disturb more than 10,000 square feet of land.
(3) 
No wetlands are filled or drained.
(4) 
Any vegetation that is removed is replaced with native vegetation.
(5) 
Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
(6) 
As part of an erosion control plan, Wisconsin construction site best management practices are implemented.
The conditional uses and structures listed in NR 118.05(2) may be permitted if the requirements in NR 118.06 and the following standards are met:
A. 
Land divisions. A conditional use permit may be granted to divide property into lots if all of the following conditions are met:
(1) 
All lots proposed to be built on shall meet the minimum lot size requirements in NR 118.06(1)(a) and (c), and shall be suitable for residential development in their existing condition without the need for a variance.
(2) 
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.
(3) 
Use of the lots will not be limited by unfavorable soil and rock formations, unfavorable topography, or any other feature which is likely to result in harm to the health, safety, or welfare of future residents of the lots or of the local community.
(4) 
The local zoning authority shall consult with the state historical society concerning potential impacts to archeological sites. If the property is found to contain an archeological site, the Village and the applicant shall develop and implement a plan to avoid or mitigate impacts to the archeological site with the assistance from the state historical society.
B. 
Planned cluster unit developments. A conditional use permit may be issued for a planned cluster development for single-family residences if all of the following criteria are met:
(1) 
The proposed clustering provides a better means of preserving scenic views, open space, and shoreline than a traditional single-family residential subdivision.
(2) 
The proposed structures comply with the minimum ordinary high water mark and bluffline setbacks and height standards in NR 118.06(1).
(3) 
Exceptions to the standards in NR 118.06(1)(a) and (c) may be allowed 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 NR 118.06(1)(a) and (c).
(4) 
On any lots that abut the river, all of the standards in NR 118.06(1) shall be met.
(5) 
If lands are divided, the land division meets the requirements of Subsection B(1).
C. 
Transmission services. 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:
(1) 
All new, updated, or reconstructed transmission services shall be placed underground, if underground placement is determined to be technically feasible by the Village. If an applicant seeks to establish that underground placement is technically infeasible, the application shall explain what factors make it infeasible.
(2) 
If underground placement is determined to be technically infeasible, overhead or aboveground transmission services may be permitted, but shall be designed to minimize the adverse visual impact on the scenic character of the riverway.
(3) 
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 for maintenance, including erosion control.
(4) 
Cutting or clearing of vegetation for transmission service maintenance may be conducted; however, an understory layer of vegetation shall be maintained to prevent erosion and allow succession. Vegetation 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 removal of noxious weeds is allowed.
D. 
Wireless communication service facilities. A conditional use permit may be issued for the installation, reconstruction, modification, and replacement of wireless communication service facilities if all of the following criteria are met:
(1) 
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 used.
(2) 
Wireless communication service facilities shall use building materials, colors, textures, screening and landscaping that blend the facilities in with surrounding natural features or nearby structures and shall be visually inconspicuous.
(3) 
Wireless communication service facilities shall be of camouflage or stealth design, unless placed on existing structures.
(4) 
In the River Town and Small Town Historic Management Zones, the facilities shall be of a height designed to blend in with the historic character of the community.
(5) 
Wireless communication service facilities in the Rural Residential or Conservation Management Zones may not exceed a height of 50 feet or not more than 20 feet above the tallest structure or tree canopy within a three-hundred-foot radius of the proposed wireless communication service facilities as measured horizontally, whichever is higher.
(6) 
New or reconstructed wireless communication service facilities may not be placed in slope preservation zones, floodplains, or wetlands.
E. 
Filling and grading activities.
(1) 
A conditional use permit may be issued for filling and grading activities in the following areas if the conditions in Subsection E(2) are satisfied:
(a) 
In slope preservation zones that do not directly face the river and do not drain directly to the river.
(b) 
Outside of slope preservation zones when more than 10,000 square feet of land is proposed to be disturbed by filling or grading activity.
(c) 
Within 40 feet of a slope preservation zone.
(2) 
A conditional use permit may be issued for filling and grading in the areas described in Subsection E(1) if all of the following conditions are met:
(a) 
Filling and grading activities do not disturb more than 10,000 square feet of land within a slope preservation zone.
(b) 
No wetlands are filled or graded.
(c) 
Any vegetation that is removed is replaced with native vegetation.
(d) 
Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
(e) 
As part of an erosion control plan, Wisconsin construction site best management practices are implemented.
F. 
Structural erosion control measures in slope preservation zones. A conditional use permit may be issued for the construction, updating, maintenance, or reconstruction of structural erosion control measures in slope preservation zones if all of the following conditions are met:
(1) 
The local zoning authority determines that structural erosion control measures are necessary to address significant ongoing erosion that nonstructural erosion control measures cannot control.
(2) 
The structural erosion control measure is constructed of natural materials and is made as visually inconspicuous as possible.
(3) 
The person seeking to construct the structural erosion control measure submits 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 local zoning authority has approved the plans.
G. 
Docks and piers. Docks and piers may be permitted if the following standards are met:
(1) 
Docks and piers associated with riparian residential developments shall be allowed from May 1 through November 1.
(2) 
Docks and piers shall only extend into the water the minimum distance necessary to allow the launching and mooring of watercraft.
(3) 
Docks and piers shall be parallel to the shoreline whenever possible.
(4) 
Docks and piers shall not exceed the resource limitations of the site.
(5) 
Docks and piers shall not extend beyond the slow speed shore zone.
(6) 
No covered slips or framed canopies shall be constructed.
(7) 
Docks and piers shall be in earth tones.
(8) 
Lighting of dock or pier areas is permitted only if required by federal, state, or local laws or for lighting municipal facilities in incorporated areas only for health and safety reasons.
(9) 
All other federal and state requirements related to the installation of docks and piers on the St. Croix River are met.
H. 
Stairways. A conditional use permit may be issued for a stairway if all of the following standards are met:
(1) 
The stairway is required to provide pedestrian access to the river because of steep, rocky, unstable, or wet site conditions.
(2) 
The tread width of the stairway may not exceed 36 inches.
(3) 
Landings are located at a vertical interval of not less than 20 feet and may not exceed 40 square feet in area.
(4) 
Hand rails may be permitted in conjunction with stairways.
(5) 
Railings or handrails are permitted in conjunction with stairs and shall be painted or stained the same color as the stairways.
(6) 
Canopies and roofs are not allowed on stairways.
(7) 
Stairways, handrails and landings shall be anchored and supported above grade with pilings or footings.
(8) 
Stairways shall be constructed of unfinished wood or stone, or shall be painted or stained with earth-tone materials.
(9) 
Stairways shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot.
(10) 
Native vegetation plantings shall be used to form a vegetative canopy to screen the stairway from the river. Vegetation shall be planted to effectively screen stairs within five years or the stairs shall be removed.
(11) 
Existing vegetation may be removed within one foot of either side of the stairway route and up to eight feet above the stairway floor.
(12) 
Only one stairway may be permitted on a lot that abuts the Lower St. Croix River.
(13) 
No construction shall begin until the applicant has submitted a plan for the stairway to the Building Inspector showing all necessary construction data, including location, design, dimensions, color, construction materials and other pertinent information. The plan shall contain a certification by a registered professional engineer or architect that the stairway components are securely anchored to prevent them from shifting and from causing accelerated erosion.
I. 
Lift standards. A conditional use permit may be issued for a lift on soil face bluffs only if all of the following requirements are met:
(1) 
The lift is required to provide pedestrian access to the river because of steep, rocky, unstable, or wet site conditions.
(2) 
No lift shall be designated and utilized for the transport of boats or machinery up or down the bluff face.
(3) 
The car of the lift may not exceed four feet by six feet.
(4) 
Canopies and roofs are not allowed.
(5) 
All visible parts of the lift shall be painted or finished in earth-tone, nonreflective materials and shall be visually inconspicuous
(6) 
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.
(7) 
Native vegetation plantings shall be used to form a vegetative canopy to screen the lift from the river. Vegetation shall be planted to effectively screen the lift within five years or the lift shall be removed.
(8) 
Existing vegetation may be removed within one foot on either side of the lift route and up to eight feet above the lift floor.
(9) 
Only one lift may be permitted on a lot that abuts the Lower St. Croix River.
(10) 
No construction shall begin on any lift until the applicant has provided the Building Inspector with a plan showing all necessary construction data, including the location of the lift, design, size, color, dimensions, and other pertinent information. The plan shall contain a certification by a registered professional engineer or architect that the lift components are securely anchored to prevent them from shifting and from causing accelerated erosion.
J. 
Public roads and private roads serving two or more properties or single-family residences. 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 properties or single-family residences if all of the following conditions are met:
(1) 
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.
(2) 
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.
(3) 
New roads shall be visually inconspicuous. Reconstruction of existing roads shall be performed in a manner that does not increase visibility of the road from the river.
(4) 
Cutting or clearing vegetation for road right-of-way maintenance shall be conducted in accordance with the following requirements:
(a) 
Vegetation shall be managed to allow an understory layer to remain in place to prevent erosion and allow succession. Vegetation may not be disturbed in such a way that there would be reduced quality or diversity of the plant community or increased potential for erosion.
(b) 
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.
(c) 
Mowing of a safety zone from the edge of the pavement back 15 feet or to the ditch bottom, whichever is less, and clearing intersection vision triangles is allowed. Other parts of the right-of-way may be mowed to control noxious weeds and undesirable brush only after July 15 of each year to avoid impacts to ground-nesting birds.
(d) 
Cutting of trees more than four inches in diameter at breast height is prohibited, except that trees that pose a hazard to public health or safety may be removed.
K. 
Bed-and-breakfast operations. A conditional use permit may be issued for a bed-and-breakfast operation if all of the following requirements are met:
(1) 
The bed-and-breakfast operation provides four or fewer rooms for rent to transient visitors.
(2) 
The bed-and-breakfast operation has sufficient parking spaces on its lot or on public roads for the guests.
L. 
Home occupations. 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:
(1) 
The owner or person who rents the residence on a full-time basis conducts the home occupation.
(2) 
The home occupation is conducted inside of the residence and is subordinate to the use of the home as a principal residence.
(3) 
The home occupation will not cause environmental pollution.
(4) 
If the home occupation causes additional persons to visit the residence, sufficient parking is provided on the lot or on public streets.
M. 
Nature-oriented educational, nonprofit facilities. A conditional use permit may be issued for a nature-oriented educational, nonprofit facility if all of the following requirements are met:
(1) 
The facility will not cause environmental pollution or erosion.
(2) 
The facility has sufficient parking on its property or on public streets for patrons to park.
N. 
Reasonable accommodations for disabled people. Persons who claim to be disabled and who are requesting that they be allowed to take action because of their disability that would otherwise be prohibited under the zoning ordinance may apply for a variance pursuant to the procedures for a variance outlined in § 217-13. In order to allow a disabled person who is entitled to reasonable accommodations under the Americans with Disabilities Act, the Federal Fair Housing Act or the Wisconsin Open Housing Law to take action that would otherwise violate the requirements of a Lower St. Croix River District zoning ordinance, the Village shall issue an administrative permit to the disabled person. The Village may not issue variances to disabled persons unless the statutory variance criteria in § 59.694(7)(c), Wis. Stats., or § 62.23(7)(e)7, Wis. Stats., are satisfied. Any exterior structures that are constructed under an administrative permit must be removed within 90 days after the structures is no longer necessary as a "reasonable accommodation".
Note: The Americans with Disabilities Act ("ADA"), 42 USC 12101 to 12213, requires states and local units of government to take action to avoid discriminating against disabled persons in their employment practices, in public accommodations and in all programs, activities and services provided by the governmental entity. The Federal Fair Housing Act, 42 USC 3601 to 3631, and the Wisconsin Open Housing Law, § 106.50, Wis. Stats., require local governments to make "reasonable accommodations" in the application of zoning ordinances in order to provide equal opportunity to housing to disabled persons. However, the issuance of a variance is not the appropriate mechanism for granting reasonable accommodations that are required because of a person's disabilities because, under Wisconsin law, variances can only be granted based on the unique characteristics of the property.
A. 
Nonconforming uses. A nonconforming use may not be expanded or enlarged. An increase in the volume, intensity, or frequency of use is allowed if the area used for the nonconforming use is not 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, any future use of the building and premises shall conform to all of the requirements of the local zoning ordinance.
B. 
Nonconforming principal structures. In all management zones, ordinary maintenance and repair of nonconforming principal structures is allowed. However, structural alteration, reconstruction, and expansion of nonconforming principal structures and replacement, improvement or structural alteration of the foundation may only be allowed if all of the following requirements are met, where applicable:
(1) 
Reconstruction of nonconforming principal structures. Nonconforming principal structures located within the ordinary high water mark 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 in accordance with Subsection E.
(c) 
The structure is altered or reconstructed in the same footprint as the preexisting structure.
(d) 
The height of the altered or reconstructed structure complies with NR 118.06(1)(d). The reconstructed structure may not be any taller than the preexisting nonconforming structure, except that a flat roof may be replaced with a pitched roof.
(e) 
The color of the structure complies with NR 118.06(2).
(f) 
The property owner submits a mitigation plan that complies with the requirements of Subsection E. If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved, by the local 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.
(g) 
Private on-site wastewater treatment systems are brought into compliance with the requirements of ch. Comm. 83.
(h) 
The foundation of the structure may not be replaced, improved, or structurally altered. Notwithstanding the definition of reconstruction in NR 118.03(36) and the preceding sentence, the foundation of the structure may be replaced, improved, or structurally altered in conjunction with the reconstruction of the structure if the entire structure is more than 50 feet from the ordinary high water mark and is not located in a slope preservation zone.
(i) 
An erosion control plan and revegetation plan shall be submitted to the local zoning authority for approval, or modification and approval, prior to the issuance of a permit for the structural alteration or reconstruction.
(j) 
There will be no filling and grading activities conducted during the alteration or reconstruction, except for the minimum necessary to accomplish the alteration or reconstruction in compliance with other provisions of this chapter, and as needed to upgrade a private on-site wastewater treatment system, to replace sewer or water laterals, or to install stormwater or erosion control measures.
(k) 
If the nonconforming principal residence is located in a slope preservation zone, it may be reconstructed only if Wisconsin construction site best management practices applicable to steeper sloped areas are implemented to control erosion.
(2) 
Expansion of nonconforming principal structures. 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) 
Structures located wholly or partially within 50 feet of the ordinary high water mark may not be expanded.
(b) 
Structures located wholly or partially within slope preservation zones may not be expanded.
(c) 
Structures entirely set back more than 50 feet from the ordinary high water mark but located wholly or partially less than 75 feet from the ordinary high water mark may be expanded only if there is no compliant building location available on the lot.
(d) 
Structures entirely set back 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) 
The lot has an area of at least 7,000 square feet.
(f) 
The expanded structure will be visually inconspicuous or will be rendered so through mitigation.
(g) 
Any reconstructed portion of the nonconforming structure may only be reconstructed in the same footprint as the preexisting structure. Notwithstanding the definition of "reconstruction" in NR 118.03(36), the preexisting foundation of a structure that is more than 50 feet from the ordinary high water mark and is not within a slope preservation zone may be replaced, repaired, or structurally altered in conjunction with the expansion of the structure.
(h) 
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.
(i) 
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 NR 118.06(1)(f)4.
(j) 
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.
(k) 
The height of the structure complies with NR 118.06(1)(d).
(l) 
The color of the structure complies with NR 118.06(2).
(m) 
The property owner submits a mitigation plan that complies with the requirements of Subsection E. If a permit is issued after a mitigation plan is approved, or modified and approved, by the local 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.
(n) 
Private on-site wastewater treatment systems are brought into compliance with the requirements of ch. Comm. 83.
(o) 
An erosion control plan and revegetation plan shall be submitted to the local zoning authority for approval, or modification and approval, prior to the issuance of a permit for the expansion.
(p) 
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.
C. 
Nonconforming accessory structures. In all management zones, ordinary maintenance and repair of nonconforming accessory structures is allowed. Nonconforming accessory structures may not be structurally altered, reconstructed, or expanded, except that garages and storage sheds may be structurally altered, reconstructed, or expanded if all of the following requirements are met where applicable:
(1) 
The entire garage or storage shed is not located in a slope preservation zone.
(2) 
The entire garage or storage shed is set back more than 75 feet from the ordinary high water mark.
(3) 
The garage or storage shed is not used for human habitation.
(4) 
The total footprint of all nonconforming accessory structures, other than existing driveways, within 75 feet of the ordinary high water mark, within a slope preservation zone or within the bluffline setback area may not exceed 500 square feet.
(5) 
The 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.
(6) 
Mitigation measures are implemented and maintained that comply with the requirements of Subsection E.
(7) 
The structure is visually inconspicuous or will be rendered so through a mitigation plan that complies with Subsection E.
D. 
Substandard lots. Lots of record in the Register of Deeds' office on January 1, 1976, or on the date of the adoption of an amendment to a riverway ordinance that makes a lot substandard, which do not meet the requirements of this chapter, may be allowed as building sites, provided that the following criteria are met:
(1) 
Ownership.
(a) 
The lot is in separate ownership from abutting lands; or
(b) 
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 in 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.
(2) 
All structures that are proposed to be constructed or placed on the lot and the proposed use of the lot comply with the requirements of the Village's Lower St. Croix riverway ordinance and any underlying zoning or sanitary code requirements.
E. 
Mitigation requirements. Expansion or reconstruction of nonconforming principal structures, and the expansion, reconstruction or structural alteration of nonconforming accessory structures, shall trigger mitigation requirements to offset the impacts of the proposed project. Mitigation measures 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 may not be limited to, the following:
(1) 
Planting 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' diameter at breast height and planted no more than 12 feet apart.
(2) 
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 the water quality, habitat, and natural scenic beauty of the shoreland area. If a nonconforming structure is located in this area, the vegetation shall be planted surrounding the structure, although the owner may create a screened view of the river from the structure and may leave a fifteen-foot-wide mowed area around the structure to protect it from wildfire.
(3) 
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 in Wisconsin's Construction Site Best Management Practice Handbook (WDNR Pub. WR-222 November 1993 Revision), which is available from the Wisconsin Department of Administration, Document Sales, 202 S. Thornton Avenue, Madison, WI 53707.
(4) 
An affidavit describing the approved mitigation plan shall be executed and recorded with the County Register of Deeds by the property owner within 14 days after approval of the mitigation plan. The affidavit shall alert subsequent purchasers of the land of the requirements of the mitigation plan.
The St. Croix River District is intended to be an overlay district for purposes of interpreting the Village's Zoning Code.[1] The intent and purpose of the district shall be to protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor associated with living within the Riverway. The primary emphasis is given to the preservation of existing historic buildings and to ensure that all future erection, construction, reconstruction, or additions to primary and accessory structures meet the historic theme architectural standards. The design of new structures should enhance and contribute to the aesthetic character and function of the property and the surrounding neighborhood.
[1]
Editor's Note: See Ch. 219, Zoning.
A. 
All permits for construction, reconstruction, expansion, or structural alteration of a building or other structure or other land development shall be submitted pursuant to the Building Construction and Fire Prevention Code (Chapter 92).
B. 
Regulated activities. Activities regulated within the Small Town Historic District shall include any act or process that changes one or more of the architectural features of a structure or site, including, but not limited to, the demolition, erection, construction, reconstruction, relocation of, or addition to a structure, including fences. All regulated activities shall require the issuance of a certificate of appropriateness by the Historic Preservation Commission.
C. 
Historic theme architectural standards.
(1) 
The following standards shall apply to all regulated activities within the River Town and Small Town Historic Districts:
(a) 
The regulated activity should be consistent with the goal of preserving and maintaining the exceptional scenic, cultural, and natural characteristics of the Lower St. Croix Riverway.
(b) 
The existing historic characteristics of any property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall require Historic Preservation Commission approval.
(c) 
Each property shall be recognized as a physical record of its time, place, and use.
(d) 
New additions, exterior alterations, or related construction shall not destroy the materials that characterize the property.
(e) 
New work shall be compatible with the massing, size, scale, and architectural features of existing structures on the property or to the existing character of the neighborhood.
(2) 
The specific requirements for review by the Historic Preservation Commission are as follows:
(a) 
For all projects:
[1] 
Written design statement on the architectural intent of the structure.
[2] 
Written analysis of how the proposed development meets the applicable design guidelines and all other applicable standards and criteria.
[3] 
Site analysis, including information on any significant man-made and natural features, historic and archaeological sites, and features to be retained, moved or altered.
[4] 
Photographs of all four sides of any existing structures. (Photographs shall be submitted in printed copy and in digital form.)
(b) 
For new construction, addition or extensive renovation or repair:
[1] 
Survey plat of the property showing all property lines with metes and bounds and dimensions.
[2] 
Site plan of the property at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements in relation to property line, including building footprints, parking, walks, driveways, curb cuts, curblines, any other paved areas, ramps, parking, and access provisions for the handicapped, walls, fences, dumpster pads and screening materials, and easements.
[3] 
Analysis of architectural elements within 200 feet of the subject site.
[4] 
Pictures of principal buildings on surrounding properties. (Photographs shall be submitted in printed copy and in digital form.)
[5] 
Front, rear, and side building elevation drawings of existing and proposed buildings, drawn to an appropriate architectural scale. Said exterior elevation drawings shall clearly show in sufficient detail the exterior appearance and architectural design of proposed change(s) to buildings or structures and new construction, as applicable.
[6] 
Elevation drawing of accessory structures (e.g., signs and lighting) that are made a part of the application.
[7] 
Material samples and color palate for exterior finishes.
(c) 
For minor renovation, or repairs:
[1] 
For work that entails changes to the exterior of the existing buildings, drawings (plans and elevations) and photographs of the area of the building to be renovated.
A. 
Purpose and interpretation. In order to give the district use regulations of this chapter the flexibility necessary to achieve the objectives of the Village Master Plan, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may, under some circumstances, be suitable. When such circumstances exist, a conditional use permit may be granted. The permit shall be issued for a particular use and not for a particular person or firm. Conditional use permits shall not be required for the occupancy of any building whose general use is consistent with the underlying zoning district and where the occupancy will not require any addition, alteration, or improvement to the structure or will result in noncompliance with current stormwater regulations.
B. 
Criteria for issuance of permit. In granting a conditional use permit, the Plan Commission and the Village Board shall find that:
(1) 
The use will be in conformity with the Village's Master Plan and with the purpose, intent, and applicable standards of this chapter.
(2) 
The use shall be located, designed, maintained, and operated to be compatible with the existing or intended character of that zoning district in which it is located.
(3) 
The use shall not depreciate values of surrounding property.
(4) 
The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. Specific conditions shall include:
(a) 
All refuse areas shall be screened in materials architecturally compatible with the primary structure.
(b) 
No vehicles may be parked on grass, curb islands, sidewalks, and other landscaped areas.
(c) 
No outside storage of scrap metal, auto parts, or the like is allowed.
(d) 
All outdoor illumination shall provide lenses, reflectors, or shades that will concentrate the light upon the premises to prevent glare or direct rays of light from being visible upon any adjacent public right-of-way or any private property. Lighting from any source on the property may not exceed three footcandles as measured from the center line of any adjacent street nor three footcandles at any property line, which is not also a public right-of-way line.
(5) 
The use shall be served adequately by essential public services, such as streets, police, fire protection, and utilities (where available).
(6) 
The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the Village.
(7) 
The use shall preserve and incorporate the site's important natural and scenic features into the development design.
(8) 
The use shall cause minimal adverse environmental effects.
(9) 
The use shall not adversely affect the potential development of adjacent vacant land.
C. 
Application for permit. An application for a conditional use permit shall be filed with the Village Administrator and shall be accompanied by 10 copies of the information required pursuant to NR 118.09(2)(b).
D. 
Public hearing by Plan Commission. The Plan Commission shall hold at least one public hearing, giving at least thirty-day notice to the Department of Natural Resources, the West Central Regional Planning Commission, and the National Park Service. The written record of the hearing and report to the Village Board shall comply with NR 118.09(2)(d).
E. 
Action by Board. The Village Board shall take action on conditional use permit applications, and the granting of a conditional use permit shall require a majority vote of the Village Board.
F. 
Revocation of permit. A violation of any condition set forth in a conditional use permit shall be a violation of this chapter and shall constitute grounds for revocation of the conditional use permit by the Village Board.
G. 
Expiration of permit. A conditional use permit shall be for a period of one year and may be renewed as the Village Board may provide. Any permit not used within one year of issuance shall become void.
A. 
Purpose and interpretation. Variances can be granted from the requirements of this chapter that will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, so that the spirit of the chapter shall be observed and substantial justice done. Economic considerations alone may not constitute a hardship if a reasonable use for the property exists under the conditions allowed by this chapter. Conditions may be imposed in the granting of variances to ensure compliance and to protect properties and the public interest, especially concerning the view of the river.
B. 
Application for variance. An application for a variance shall be filed with the Village Administrator and shall be accompanied by 10 copies of the information required pursuant to NR 118.09(2)(b).
C. 
Public hearing by Board of Appeals. The Board of Appeals shall hold at least one public hearing, giving at least thirty-day notice to the Department of Natural Resources, the West Central Regional Planning Commission and the National Park Service. The written record of the hearing shall comply with NR 118.09(2)(d).
D. 
Action by Board of Appeals. Action on a variance applications shall be taken by the Board of Appeals pursuant to the authority granted under § 62.23(7)(e), Wis. Stats.
Any person violating any provision of this chapter or any rule, regulation or order made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
A. 
Table of permitted (p) and conditional (c) uses in residential districts.
B. 
Table of permitted (p) and conditional (c) accessory uses in residential districts.
C. 
Table of permitted (p) and conditional (c) uses in nonresidential districts.
D. 
Table of permitted (p) and conditional (c) accessory uses in nonresidential districts.