The jurisdiction of this chapter shall include all lands, water, and air within the corporate limits of the City of Cedarburg, Wisconsin. The regulations contained in this Zoning Code shall apply to all property situated either wholly or partly within the boundaries of the City of Cedarburg, Wisconsin, and its extraterritorial limits in accordance with Wis. Stats. § 62.23(7) and Wis. Stats. ch. 236.

(Ord. No. 2005-18)

No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a zoning permit, unless otherwise specifically exempted by article K and without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.

Only the following uses shall be permitted in any district:

(a)

Principal permitted uses specified for a district and its essential services.

(b)

Accessory uses and structures, which are permitted in any district as follows, but not until their principal structure is present or under construction:

(1)

Residential accessory uses shall not involve the conduct of any business, trade, or industry, except for permitted home occupations as defined and regulated in this chapter. Residential accessory uses include incidental repairs, storage, parking facilities, gardening, private swimming pools, private emergency shelters, and servant's, owner's and caretaker's quarters not for rent.

(2)

Gasoline service station accessory uses are limited to lubrication; changing oil and filters; changing and repair of tires and tubes; engine tune-up; hand washing and polishing without automatic equipment; transmission, chassis or engine repairs; and replacement of light bulbs, windshield wiper blades and other small parts, and do not include body repairs and painting.

(c)

Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval in accordance with article K. When a use is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal conditional use without further action. Confirmation of a pre-existing conditional use may be approved by the Plan Commission at the request of a property owner. In such cases, the plan commission may confirm such preexisting conditional uses without implementing the conditional use application and approval procedures as defined in section 13-1-226. The plan commission may allow the preparation of the necessary conditional use documents and permits, and recordation of such documentation by the city clerk. Changes to or substitution of conditional uses shall be subject to review and approval in accordance with section 13-1-226. Conditional uses are granted for the real property.

(d)

Uses not specified in this chapter and which are found to be similar in character to principal uses permitted in the district may be permitted by the city plan commission.

(e)

Uses not specified in this chapter and which are found by the plan commission to be similar in character to conditional uses permitted in the district may be permitted by the common council after review, public hearing, and approval in accordance with section 13-1-226.

(f)

Use restrictions.

(1)

Temporary uses. Structures or uses that are in place for a one-time two-week period or 14 cumulative days. Any such use or structure may be permitted subject to the approval of the city planner and building inspector, and upon their review of potential impacts of the use and/or structure, except for the following uses:

(a)

Plant material and nursery stock sales may be allowed according to the seasonal duration of the plant materials being sold.

(b)

Christmas tree sales may be allowed according to the seasonal nature of the product being sold.

(c)

Temporary uses associated with a community festival may be allowed for the period concurrent with the festival.

(d)

Temporary uses associated with Maxwell Street Days may be allowed for a period concurrent with Maxwell Street Days.

(e)

Temporary use permits shall state that no unattended merchandise stands, displays or material shall be allowed.

(2)

Tents and temporary structures:

Definitions:

Tents: Any collapsible shelter with side walls, of which the roof and/or one-half or more of the walls, are constructed of silk, cotton, canvas, fabric, or other material attached to or draped over a frame of poles.

Temporary structure: Any constructed or erected structure, including a tent other enclosure used for commercial or business purposes and which any person or business intends to place on the same lot with or on any lot adjacent to, any permanent structure used for business or commercial purposes.

Conformance. Tents and other temporary structures and their uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of the Code, or County, State or Federal codes and regulations, as necessary to ensure the public health, safety, and welfare. These categories of the Code must be complied with, despite the fact that the structure will be removed, or the use discontinued at some time in the future. These criteria are essential for measuring the safety of any structure or use, temporary or permanent. Therefore, the application of these criteria to tents and other temporary structures cannot be waived.

Conflict with other laws. Whenever the regulations in this chapter are either more or less restrictive than regulations or restrictions imposed by statute, codes, other ordinances of the City of Cedarburg or other regulations, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

The city planner, city building inspector, or the fire department, in its sole discretion, is authorized to terminate such permit for a tent or other temporary structure or use and order the tent or other temporary structure or use to be discontinued.

Requests, other than those described in section 13-1-22(f)(a), for a tent or other temporary structure that is in place for a period exceeding 14 days are permitted annually only from October 1 through April 30, and only after the request is reviewed and approved by the plan commission and, if the property is located in the Historic Preservation District, the Landmarks Commission.

Information and conditions required by the City of Cedarburg or as otherwise required under applicable regulations, ordinances, or statutes, shall be submitted for review by the city planner, city building inspector and the fire department, including, without limitation, the following:

(a)

The applicant shall submit a scaled site plan showing the location of existing structures, property lines, dedicated rights-of-way, public easements, the proposed tent or other temporary structure, parking areas, and driveway.

(b)

Tents and other temporary structures shall be located in the rear or side yard as defined in the Zoning Code and shall be completely on private property and shall be at least ten feet setback from the plane of the principal structure that faces the front yard and otherwise in compliance with all applicable setbacks.

(c)

Ingress and egress to the tent or other temporary structure shall be only through the principal structure and otherwise in accordance with the Americans With Disabilities Act of 1990, any comparable state or local law, and all regulations issued pursuant thereto.

(d)

Exits shall be clearly marked and in such quantity and in such locations as directed by the fire department.

(e)

All tent or other temporary structure fabric shall be flame resistant and located in accordance with the adopted International Building Code Table 602 based on the fire-resistance rating of exterior walls for the proposed type of construction. Markings or certificates of flame resistance shall be provided upon request by the building inspector and/or fire inspector.

(f)

The use of fuel-fired equipment for the purpose of heating shall be reviewed and approved by the city building inspector and fire inspector.

(g)

Smoking shall not be permitted in tents or other temporary structures. Approved "No Smoking" signs shall be conspicuously posted.

(h)

Portable fire extinguishers shall be furnished and maintained in tents and other temporary structures in such quantity and in such locations as directed by the fire department.

(i)

Electrical installations in all tents and other temporary structures shall be installed and maintained in accordance with the requirements of the Wisconsin Administrative Code SPS 316 Electrical. Without limiting the foregoing, all electrical installations shall be installed and maintained in a workmanlike manner, shall be properly grounded, with GFCI protection to all outlets with UL approved enclosures, and cables on the ground in areas traversed by the public shall be protected by approved covers.

(j)

Tents and other temporary structures shall not be located on or restrict access to dedicated right-of-way, public easements of any kind, fire lanes, fire department connections, or any other life safety elements that are required to be accessible.

(g)

Performance standards listed in article H shall be complied with by all uses in all districts.

(h)

Stormwater control detention/retention related uses shall be permitted in all zoning districts except in the C-1 Shoreland Wetland/Conservancy District and floodplain districts subject to the review and approval of the city plan commission with recommendation from the director of engineering and public works.

(Ord. No. 91-31; Ord. No. 2022-07, § 1, 3-14-22)

Private residential swimming pools are permitted as accessory uses in any residential district provided that all applicable requirements of this chapter are met and that a permit be obtained pursuant to section 13-1-227. The building inspector shall not issue a permit for the construction of any private residential swimming pool or for any alterations, additions, remodeling, or other improvements (not including repairs) to an existing private residential swimming pool unless the following construction requirements are observed in such construction, alteration, addition, remodeling, or other improvements.

(a)

Construction approval. All materials and methods of construction in the construction, alteration, addition, remodeling, or other improvements of private residential swimming pools shall be approved by the building inspector.

(b)

Plumbing code compliance. All plumbing as defined in Sections DILHR 80 to 84 of the Wisconsin State Plumbing Code in relation to swimming pool installation shall be in accord with the City of Cedarburg Plumbing Code.

(c)

Drainage system. Every private residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system or with detriment onto lands of other property owners.

(d)

Fencing; security; screening.

(1)

Every private residential swimming pool in the ground or with sides less than four feet high shall be completely enclosed by a fence or wall not less than four feet in height, but not to exceed six feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than four inches in any dimension, except for doors and gates. A residence or accessory buildings may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with self-closing and self-locking devices for keeping the gate or door securely locked at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

(2)

Above-ground pools with sides greater than four feet high which are not enclosed by a suitable fence, herein described, and using a ladder for ingress or egress shall have this ladder removed or flipped up when the pool is not in use.

(3)

The requirements of this section shall be applicable to all private swimming pools, whether constructed before or after the effective date of this chapter, except in the case of any pool where the building inspector finds that there are special circumstances existing that prevent such pool from being a safety hazard. Pools erected on top of the surface of the ground shall have the pool construction completely screened from the view of the abutting property by means of combined fence and landscape screen approved by the plan commission.

(e)

Recirculation and purification system. All private residential swimming pools having a capacity in excess of 150 cubic feet shall be equipped with a satisfactory recirculation and purification system that is in good operating condition and which shall be used when the swimming pool is in use. The owner of the parcel shall secure adequate instruction from the installing contractor or other qualified source with respect to the system's proper maintenance. Such instruction shall include the use of high-test calcium hypochloride (dry chlorine carrier) or sodium hypochloride (liquid chlorine), or an equally effective germicide and algaecide, and the importance and procedure for maintaining proper Ph (alkalinity and acidity) control.

(f)

Electrical service standards. Service from electrical service systems must comply with all applicable local, state and national electric codes and:

(1)

No attachment from plug receptacles shall be installed within ten feet horizontally from the inside walls of a portable or permanent swimming pool.

(2)

Clearance of electric service drops to residences or any other overhead electrical wires shall be a minimum of ten feet horizontally from any portion of portable or permanent pools and their pertinent equipment, such as diving boards, ladders, ramps, platforms, etc., which may be part of the pool.

(3)

The requirements of this subsection shall be applicable to all private swimming pools whether constructed before or after the effective date of this chapter, except in the case of an existing pool where the electrical inspector finds that there are special circumstances existing that prevent such pool from being a safety hazard.

(4)

All horizontal measurements mentioned in the above shall be measured at right angles from the nearest outside pool wall and away from the main body of water.

(g)

Location. Swimming pools shall be erected and constructed only in the rear yard of a lot, unless a variance is granted from the zoning board of appeals. No swimming pool shall be erected or constructed on an otherwise vacant lot.

(h)

Side yard and rear yard requirements. No swimming pool shall be located, constructed, or maintained closer to any side or rear lot line than ten feet from a lot line unless a variance is granted from the zoning board of appeals.

(i)

Area. The area occupied by an outdoor pool shall not exceed 30 percent of the available rear yard in which it is located.

(a)

Standards. In addition to all of the standards applicable to the district in which it is located, home occupations shall comply with the following standards:

(1)

Persons operating a home occupation shall employ no more than one nonresident employee.

(2)

There shall not be conducted on the premises the direct sales of merchandise, supplies or products from display shelves, except that orders previously made by telephone or at a sales party may be picked up on the premises.

(3)

No alteration of the principal building shall be made which changes the character thereof as a dwelling.

(4)

No more than a combined total of 20 percent of the area of any dwelling unit as defined in section 13-1-240, inclusive of the garage area or the area in one accessory building, shall be devoted to the home occupation.

(5)

There shall be no outdoor operations, no outdoor storage of equipment or materials used in the home occupation, and no outdoor display of merchandise.

(6)

The volume of vehicular or pedestrian traffic or parking shall not result in congestion or be in excess of what is compatible with the residential neighborhood.

(7)

All authorized home occupations shall meet fire and building safety requirements.

(8)

Persons conducting home occupations must furnish such information as required by municipal officials with respect to procedures and processes, equipment, materials, chemicals, and any other items utilized in the home occupation.

(9)

Any authorized home occupations which require plumbing, electrical or structural changes, when such changes are not dictated by the primary residential use, shall be prohibited.

(10)

No signs shall be permitted in conjunction with any home occupation.

(11)

Not more than two home occupations may be operated from any one dwelling unit.

(12)

No vehicle larger than a one ton capacity truck or van that is used in conjunction with a home occupation shall be stored on the premises or parked on adjacent residential streets. This prohibition shall also include trailers or other specialized mobile equipment.

(13)

No home occupation shall create a public nuisance. No home occupation or its related equipment shall create any offensive noise, vibration, smoke, dust, electronic interference, odors, heat or glare, or electrical interference. Such impacts shall not emanate from the dwelling or from the garage accessory thereto.

(b)

Permitted home occupations. Customary home occupations include the following list of occupations; provided, however, that each listed occupation shall be subject to the requirements of subsection (a) above as well as to any limitations specifically imposed on such occupation by this section. Home occupations proposed in a rental dwelling unit shall require written consent by the owner of the property, or his agent, prior to commencing operations.

(1)

Dressmaking, tailoring, and sewing.

(2)

Music and dance instruction, provided that the instruction shall be limited to two pupils at a time, except for occasional groups.

(3)

Painting, sculpturing, weaving, printmaking, lapidary work, ceramics, writing and similar artistic endeavors and home crafts.

(4)

Typing, transcribing, word processing, telephone answering, preparing mailing and similar business services, including computer programming and similar computer-based services.

(5)

Service providers such as lawyers, architects, engineers, accountants, realtors, insurance agents, brokers and members of similar professions.

(6)

Building tradespeople such as carpenters, painters, electricians, plumbers, masons and wallpapering.

(7)

Constructing models, yard novelties and similar woodworking projects.

(8)

Manufacturers representatives and sales representatives.

(9)

Drafting and graphic services.

(10)

Tutoring, provided that the instruction shall be limited to two pupils at a time, except for occasional groups.

(11)

Repairing small home appliances, watches and clocks.

(c)

Prohibited home occupations. The following are prohibited as home occupations, even if the conditions of subsection (a) are met:

(1)

Medical or dental services, chiropractic services, therapeutic massage.

(2)

Personal services such as barbershops, beauty parlors, tanning parlors, tattooing, and similar personal services.

(3)

Photographic studios.

(4)

Pet boarding.

(5)

Motor vehicle repair, service or storage.

(6)

Repair services, except as allowed in (b)(11) above.

(7)

Welding.

(8)

Furniture stripping and/or refinishing.

(9)

Manufacturing items for sale from components not made on the premises.

(10)

Pet grooming.

(d)

Unspecified home occupations. Any proposed home occupation that is neither permitted nor specifically prohibited by this section shall be considered a conditional use and be granted or denied at the discretion of the city plan commission and upon consideration of those standards contained in subsection (a) above and as outlined in section 13-1-226.

(e)

Deed restrictions. Any home occupation may be subject to deed restrictions or covenants which may be applicable to the subject premises.

(Ord. No. 97-10)

The City of Cedarburg recognizes that the development of various antennas, including earth station dish antennas, and their increasing uses by members of the public poses questions of regulation not previously contemplated by the municipal zoning code. In implementing appropriate regulation, the interest of the antenna owner in the use of the device must be balanced with the interest of adjoining landowners and the general public so as to protect the health and safety of all citizens, as well as the aesthetic values embodied in this Zoning Code. To this end, the following regulations are adopted. Antennas are permitted as accessory uses subject to the following regulations:

(a)

Installation. All antennas, and the construction and installation thereof, shall conform to applicable city Building Code and Electrical Code regulations and requirements or U.L. code, as may be applicable.

(b)

Size. Earth station dish antennas shall not exceed ten feet in diameter.

(c)

Construction and location standards.

(1)

All freestanding antennas shall be located in rear yards in any residential district and in the side and rear yards in any business, industrial, and institutional or park district, but not until their principal structure is present or under construction and provided that all applicable requirements of this chapter are met. In the event the property owner of a parcel located in a residential district believes that the placement of an antenna in a rear yard would prevent its use for its intended purpose, the property owner may apply to the zoning board of appeals for a variance to allow the installation of the antenna in a side yard or roof location. Owners of parcels of land within 300 feet of the site of any such freestanding antenna for which a variance is requested shall be notified of the date and time of the zoning board of appeals meeting at which the application for a variance will be considered.

(2)

Freestanding and roof-mounted terrestrial antennas used for residential purposes shall meet the height requirements for the district in which they are located. Earth station dish antennas shall not exceed ten feet in height. Commercial, industrial, or institutional antennas shall comply with the height requirements of section 13-1-100(d) of this chapter. (See Illustration No. 1.)

(3)

Freestanding and roof-mounted terrestrial antennas shall be set back from any lot line one foot for each one foot of antenna height above surrounding grade. Earth station dish antennas shall be set back a minimum of ten feet from any lot line. (See Illustration No. 1.)

(4)

Not more than one terrestrial antenna structure and one earth station dish per dwelling unit shall be permitted on a lot or parcel of land in a residential zoning district.

(5)

Antennas shall be located and designed to minimize their visual impact on the surrounding properties. No form of advertising or identification may be displayed on the dish or framework other than the customary manufacturer's identification plates.

(6)

Antennas shall be constructed and mounted in accordance with the manufacturer's specifications. All such installations shall be constructed of noncombustible and corrosive-resistant materials.

(7)

Antennas that cause any interference with radio and/or television broadcasting or reception on adjacent properties shall be governed in accordance with the Federal Communication Commission's rules and regulations.

(8)

The storage of antennas shall not be permitted on public property, public street rights-of-way, or in the street yard of any business district. Display for sale of antennas shall be permitted in the street yard of any business district only upon the granting of a conditional use permit for such use. Such permit shall not be unreasonably withheld.

(9)

Portable or trailer-mounted antennas are not allowed, with the exception of temporary installation for on-site testing and demonstration purposes for a period not to exceed seven days at any one location.

Except as otherwise provided in this chapter, it shall be unlawful for any person or entity to display for sale purposes any motor vehicle, recreational vehicle, or item of recreational equipment on property located within the City of Cedarburg. The provisions of this section shall not apply to the display of no more than one motor vehicle, recreational vehicle, or item of recreational equipment at any one time, provided such vehicle or equipment is owned by the owner or occupant of the real property on which it is displayed or by an immediate family member of the owner of the real property who shall reside on the premises on which the vehicle is displayed for sale.

(a)

Site suitability. No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography or low bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The city plan commission, in applying the provisions of this Section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the city plan commission may affirm, modify, or withdraw its determination of unsuitability.

(b)

Public street frontage. All lots shall abut upon a public street, and each lot shall have a minimum frontage of 30 feet. This requirement does not apply to City of Cedarburg public utilities.

(c)

One principal structure per lot. All principal structures shall be located on a lot; and only one principal structure shall be located, erected, or moved onto a lot in single-family residence districts. The city plan commission may permit more than one principal structure per lot in other districts where more than one principal structure is needed for the orderly development of the parcel. When additional structures are permitted, the city plan commission may impose additional site requirements, including, but not limited to, yard requirements, landscaping requirements, open space, or parking requirements, and may require minimum separation distance between structures, or setback requirements. All principal structures shall be provided with access driveways per section 13-1-84 of the Cedarburg Zoning Code requirements for driveways.

(d)

Full street width dedication. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(e)

Nonresidential lots abutting more restrictive district. Nonresidential lots abutting more restrictive boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The setbacks on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.

(Ord. No. 2004-20)

No lot, yard, parking area, driveway, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, driveway, or other space required for a structure or use shall be used for any other structure or use not otherwise authorized by this chapter.

(a)

Purpose. This ordinance regulates the location, design and visual appearance of new berms to discourage excessive length and height, provide for ease of maintenance, assure proper stormwater drainage, avoid interfering with safe visual sight distance for motorists, and promote the attractive aesthetic appearance of areas where berms are located.

(b)

Berm defined. A berm is a man-made landscape feature consisting of mounded soil. Rock or concrete rubble may be included in a berm if completely covered with topsoil.

(c)

Applicability. These requirements shall not apply to the following:

(1)

Minor berms not vertically higher than three feet above the average ground grade along both sides of the berm.

(2)

Landscape areas lower than three feet in height.

(3)

Landscape areas not meeting the berm definition in (b) above.

(4)

Temporary topsoil or fill piles on active construction sites.

(d)

Plan commission approval required for berms exceeding three feet in height.

(1)

Plan commission approval required. Berms exceeding three feet in vertical height above the average grade of the ground along both sides of the berm shall require review and approval by the plan commission prior to any construction or alteration thereof.

(e)

Application. Applications to construct or alter a berm shall be made on forms provided by the city and shall include the following information:

(1)

Name, address and telephone number of the applicant, and location of building, structure, or lot where the berm is to be constructed.

(2)

Name of person, firm, corporation, or business that is constructing or altering the berm.

(3)

Written consent of the owner or lessee of the land upon which the berm is proposed to be located.

(4)

Plans and attachments.

a.

Berm plan depicting its location, setbacks, property lines, proposed and existing grade contours, any related drainage facilities, and any existing easements on the subject property.

b.

Proposed type of fill material and cover material.

c.

Landscaping plan including grasses or groundcover, shrubbery, and tree types specifying the spacing and size of all plantings.

d.

Proposed schedule for all phases of work.

(5)

Additional information as may be required.

The application and fee shall be submitted to the engineering department.

(f)

Design requirements.

(1)

Location.

a.

Berms shall not be located within any existing or future public road right-of-way. Berms shall be located at least five feet from a road right-of-way line, and at least six feet from a side or rear lot line. The offset requirements from a side or rear lot line may be waived where a berm is being constructed jointly by adjacent property owners.

b.

Minor berms less than three feet high may be located within five feet of a road right-of-way line if integral with peripheral edge landscape screening.

c.

Berms shall not be constructed to obstruct the view of vehicular traffic for ingress and egress to any public or private road, private driveway, walkway or bike trail.

d.

Berms shall not be placed in drainageways, floodplains, wetlands, or conservancy-zoned areas.

e.

Berms shall not be located within any drainage or utility easement.

(2)

Slope, shape, measurement, and maximum height. All berms shall be constructed such that their side slopes shall not exceed a slope of one foot vertical to three feet horizontal. The vertical height shall be measured from an average of the existing ground grade along both sides of the berm. Berms must be mowable with a riding lawn mower. Berms shall be designed and graded to have an undulating and serpentine shape, and long continuous straight berms may not be acceptable. The width and length of berms shall be measured along their base line or toe of slope. The maximum height of berms shall be determined by the plan commission on a case-by-case basis.

(3)

Landscaping. Berms shall be covered with at least six inches of topsoil, and shall be landscaped with turf or groundcover. In addition, it is recommended that landscape plantings be spaced randomly on the berm to enhance its appearance.

(4)

Drainage. All berm construction shall not impede surface water drainage or disturb existing drain tile systems. The provisions of section 6-1-5 shall apply to prevent berms from interfering with surface drainage and public utility easements.

(5)

Fencing. Fencing shall not be placed on a berm unless approved by the plan commission.

(6)

Erosion control. All berm construction shall adhere to the city's construction and erosion control ordinance where applicable.

(7)

Completion. All berms shall be completed, including all landscaping, in accordance with the schedule approved by the plan commission.

(8)

Approval conditions. Approval conditions shall require the applicant to:

a.

Notify the city when the berm is final graded, but prior to installing any landscaping to provide for a pre-final inspection of the berm.

b.

Obtain approval from the plan commission to modify the berm after completion.

c.

Maintain all road drainage systems, stormwater drainage systems, best management practices and other facilities identified in the berm plan.

(g)

Inspection. Berms shall be inspected by the city engineer and city forester. If berm development or berm activities are being carried out without a permit, city personnel shall enter the land pursuant to the provision of Wis. Stats. §§ 66.122 and 66.123.

(h)

Fees. Fees referred to in this ordinance shall be the fee for an "Accessory or Minor Structure Review" [see section 13-1-230(15)].

(i)

Grandfather clause. Berms existing prior to the adoption of this amendment that do not comply with the requirements in this amendment shall be considered a non-conforming berm. Such non-conforming berms may be maintained and continued, but any changes or substitutions thereto shall comply with the provisions in this amendment. The provisions in article G apply to non-conforming berms.

(Ord. No. 2001-13)

(a)

Purpose. The purpose of this Nonmetallic Mining Reclamation Ordinance (ordinance) is to establish a local program to ensure the effective reclamation of nonmetallic mining sites on which nonmetallic mining takes place in the City of Cedarburg after the effective date of this ordinance, in compliance with Chapter NR 135, Wisconsin Administrative Code and Subchapter I of Chapter 295, Wisconsin Statutes.

(b)

Statutory authority. This ordinance is adopted under authority of Wis. Stats. §§ 62.11(3) and 295.14(1), and Section NR 135.32, Wisconsin Administrative Code.

(c)

Restrictions adopted under other authority. The purpose of this ordinance is to adopt and implement the uniform statewide standards for nonmetallic mining required by Wis. Stats. § 295.12(1)(a), and contained in Chapter NR 135, Wisconsin Administrative Code. It is not intended that this ordinance repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits not concerning nonmetallic mining reclamation previously adopted pursuant to other Wisconsin law.

(d)

Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be the applicable requirements for nonmetallic mining reclamation and shall not be deemed a limitation or repeal of any other power granted by Wisconsin Statutes outside the reclamation requirements for nonmetallic mining sites required by Subchapter I of Chapter 295, Wisconsin Statutes and Chapter NR 135, Wisconsin Administrative Code. Where any terms or requirements of this ordinance may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this ordinance is required by Wisconsin Statutes, or by a standard in chapter NR 135, Wisconsin Administrative Code, and where the provision is unclear, the provision shall be interpreted to be consistent with Wisconsin Statutes and the provisions of Chapter NR 135, Wisconsin Administrative Code.

(e)

Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

(f)

Applicability.

(1)

Overall applicability. The requirements of this ordinance apply to all operators of nonmetallic mining sites within the City of Cedarburg operating on or commencing to operate after August 1, 2001 and as provided in Section NR 135.02(1) and (2), Wisconsin Administrative Code except where exempted in section 13-1-30(f)(2).

(2)

Exemptions. This ordinance does not apply to the exempt activities listed in section NR 135.02(3), Wisconsin Administrative Code.

(g)

Administration. The provisions of this ordinance shall be administered by the City of Cedarburg.

(h)

Effective date. The provisions of this ordinance shall take effect on April 14, 2006.

(i)

Definitions. All definitions for the purpose of this ordinance are those contained in section NR 135.03, Wisconsin Administrative Code.

(Ord. No. 2006-13)

(a)

Standards. All nonmetallic mining sites subject to this ordinance shall be reclaimed in conformance with the standards contained in Subordinance II of Chapter NR 135, Wisconsin Administrative Code.

(Ord. No. 2006-13)

(a)

Nonmetallic mining reclamation permit application.

(1)

Required submittal. The operator of all nonmetallic mining sites that operate on or after April 14, 2006 shall apply for a reclamation permit from the City of Cedarburg. All reclamation permit applications under this section shall be accompanied by the information required by section NR 135.18(3), Wisconsin Administrative Code.

(2)

New mines. The operator of any nonmetallic mine site that engages in or plans to engage in nonmetallic mining shall submit an application that meets the requirements of section NR 135.18(2), Wisconsin Administrative Code and the submittals required under section 13-1-32(a)(1) to the City of Cedarburg prior to beginning operations.

(b)

Reclamation plan.

(1)

Reclamation plan requirements. All operators of nonmetallic mining sites subject to this ordinance shall prepare and submit a reclamation plan that meets the requirements of section NR 135.19, Wisconsin Administrative Code.

(2)

Existing plans and approvals. To avoid duplication of effort, the reclamation plan required by section 13-1-32(b)(1) may, by reference, incorporate existing plans or materials that meet the requirements of this ordinance.

(3)

Approval of reclamation plan. The City of Cedarburg Common Council, following referral to and recommendation from the plan commission, shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing as part of permit issuance pursuant to section 13-1-32(e)(3). Conditional approvals of reclamation plans shall be made according to section 13-1-32(e)(3), and denials of reclamation plans made according to section 13-1-32(f). The operator shall keep a copy of the reclamation plan required by this section, once approved by the City of Cedarburg under this ordinance, at the mine site or, if not practicable, at the operator's nearest office or place of business.

(c)

Financial assurance.

(1)

Financial assurance requirements. All operators of nonmetallic mining sites in the City of Cedarburg shall prepare and submit a proof of financial assurance of successful reclamation that meets the requirements of section NR 135.40, Wisconsin Administrative Code.

(2)

Existing mines. The operator of any nonmetallic mining site that received a permit from the Town of Cedarburg or Ozaukee County shall submit or transfer the financial assurance required by section 13-1-32(c)(1) to the City of Cedarburg.

(3)

Public nonmetallic mining. The financial assurance requirements of this section does not apply to nonmetallic mining conducted by the State of Wisconsin, a state agency, board, commission or department, or a municipality.

(d)

Public notice and right of hearing.

(1)

New mines or existing mines that have been newly annexed into the city. The City of Cedarburg shall provide public notice and the opportunity for a public informational hearing as set forth in section NR 135.20(1) and (2), Wisconsin Administrative Code for any nonmetallic mining site for which a complete reclamation permit application that satisfies section 13-1-32(a)(1) is received.

(2)

Local transportation-related mines. No public notice or informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to section 13-1-32(e)(4).

(e)

Issuance of a nonmetallic mining reclamation permit.

(1)

Permit required. Every operator of a nonmetallic mining site in the City of Cedarburg who engages in or plans to engage in nonmetallic mining on or after April 14, 2006 shall obtain a reclamation permit issued under this section, except nonmetallic mining sites exempt from this ordinance as provided in section 13-1-30(f)(2). No person may engage in nonmetallic mining or nonmetallic mining reclamation after April 14, 2006 without a reclamation permit issued pursuant to this ordinance.

(2)

Permit issuance. Applicants for reclamation permits for nonmetallic mining sites that satisfy section 13-1-32(a)(1) shall be issued a reclamation permit or otherwise acted on as provided in section NR 135.21(2), Wisconsin Administrative Code. The permit shall require compliance with a reclamation plan submitted by the applicant that conforms to section 13-1-32(b)(1), and provisions by the applicant of financial assurance that conforms to section 13-1-32(c)(2) payable to the City of Cedarburg prior to beginning mining.

(3)

Permit conditions. Permits issued under this section may include conditions as provided in section NR 135.21(3), Wisconsin Administrative Code.

(4)

Automatic permit for local transportation-related mines. The City of Cedarburg shall issue an automatic permit under this subsection for any borrow site operated to provide material for a locally administrated transportation project that meets the criteria in Section NR 135.21(1)(a), Wisconsin Administrative Code. This automatic permit shall be issued according to the provisions of section 135.23(1)(b) through (j), Wisconsin Administrative Code.

(f)

Permit denial. An application for a nonmetallic mining reclamation permit shall be denied if any of the factors specified in section NR 135.22, Wisconsin Administrative Code exists.

(g)

Alternate requirements.

(1)

Scope of alternative requirements approvable. An operator of a nonmetallic site may request an alternative requirement to any reclamation standard established in section 13-1-31. Such a request may be made only on the basis of the criteria set forth in section NR 135.26(1), Wisconsin Administrative Code.

(2)

Procedures. The operator of a nonmetallic mining site requests an alternate requirement in section 13-1-32(g)(1) shall demonstrate all the criteria in Section NR 135.26(1), Wisconsin Administrative Code. This shall be submitted in writing to the City of Cedarburg Board of Appeals appointed pursuant to Wis. Stats. § 62.23.

(3)

Transmittal of decision on request for alternate requirements. The decision on a request for alternative reclamation requirements shall be in writing to the applicant and shall include documentation of why the alternative requirement was or was not approved.

(4)

Notice to Wisconsin Department of Natural Resources. The City of Cedarburg shall provide notice to the Wisconsin Department of Natural Resources as provided in section NR 135.26(3)(a), Wisconsin Administrative Code.

(h)

Permit duration. A nonmetallic mining reclamation permit issued under this ordinance shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to section 13-1-34(b)(2), or as limited under section NR 135.27, Wisconsin Administrative Code where the mine operator is not the landowner.

(i)

Permit transfer. A nonmetallic mining reclamation permit issued under this ordinance shall be transferred to a new owner or operator upon satisfaction of the conditions in section NR 135.28, Wisconsin Administrative Code.

(j)

Permit transfer notice. When a nonmetallic mining permit is proposed to be transferred to a new owner or operator, the permit holder shall notify the City of Cedarburg of such a transfer at least 30 days prior to the transfer to the new owner. Such notice shall be by certified mail.

(k)

Review. Any permitting decision or action made by the City of Cedarburg under this ordinance may be reviewed as set forth in section NR 135.30, Wisconsin Administration Code.

(Ord. No. 2006-13)

(a)

Permit modification.

(1)

By the city of Cedarburg. A nonmetallic mining reclamation permit issued under this ordinance may be modified by the City of Cedarburg if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with this ordinance. Such modification shall be by an order conforming with the procedures in section 13-1-34(b) and as provided in section NR 135.24(1), Wisconsin Administrative Code.

(2)

At the operators option. If the operator of any nonmetallic mine that holds a valid reclamation permit issued under this ordinance desires to modify such permit or reclamation plan approved under this ordinance, it may request such modification by submitting a written application for such modification to the City of Cedarburg. The application for permit of plan modification shall be acted on using the standards and procedures of this ordinance.

(3)

Required by the operator. The operator of any nonmetallic mine that holds a reclamation permit issued under this ordinance shall request a modification of such permit if required under the circumstances set out in section NR 135.27, Wisconsin Administrative Code. Such application for permit modification shall be acted on using the standards and procedures of this ordinance.

(4)

Review. All actions on permit modifications requested or initiated under this section are subject to review under section 13-1-32(k).

(b)

Permit suspension or revocation.

(1)

Grounds. The City of Cedarburg may suspend or revoke a nonmetallic mining reclamation permit issued pursuant to this ordinance if it finds any of the grounds listed in section NR 135.25(1), Wisconsin Administrative Code.

(2)

Procedures. If the City of Cedarburg finds grounds for suspending or revoking a nonmetallic mining reclamation permit set forth in section 13-1-33(c)(1), it may issue a special order suspending or revoking such permit as set forth in section 13-1-34(b)(2).

(3)

Consequences. The consequences of a reclamation permit suspension or revocation order under section 13-1-33(b)(2) shall be as set forth in section NR 135.25(2) and (3), Wisconsin Administrative Code.

(c)

Annual operator reporting.

(1)

Contents and deadline. Annual reports shall be submitted by the operators of nonmetallic mining sites that satisfy the requirements of section 135.36, Wisconsin Administrative Code. These reports shall be for reclamation during a calendar year, and submitted in writing within 60 days of the end of each calendar year to the City of Cedarburg. Annual reports shall be submitted until reclamation at each nonmetallic mining site is certified as complete under section 13-1-33(g)(3).

(2)

Inspection in lieu of report. The City of Cedarburg may, at its discretion, obtain the information required in section 13-1-33(c)(1) by written documentation of an inspection it completes during a calendar year, as set forth in section NR 135.36(4), Wisconsin Administrative Code.

(3)

Retention of annual reports. Annual reports submitted under this section or inspection records that replace them shall be retained by the City of Cedarburg for at least ten years after the calendar year to which they apply at the office of the city clerk. These records, or accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written request or during its inspection or audit activities carried out pursuant to section NR 135, Wisconsin Administrative Code.

(d)

Plan review fees.

(1)

Amount and applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under section 13-1-32(a)(1) shall submit a nonrefundable plan review fee of $1,000.00. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to section 13-1-33(a). No plan review fee may be assessed under this section for any nonmetallic mine site for any local transportation-related mine issued an automatic permit under section 13-1-32(e)(4).

(2)

Relation to annual fee. Any reclamation plan review fee collected under this section shall be added to and collected as part of the first annual fee collected under section 13-1-33(e).

(e)

Annual fees.

(1)

Areas subject to fees, procedures and deadlines. Operators of all nonmetallic mining sites subject to reclamation permits issued under this ordinance shall pay fees to the City of Cedarburg. Fees paid under this section shall include both a share for the Wisconsin Department of Natural Resources under section 13-1-33(e)(2) and a share for the City of Cedarburg under section 13-1-33(e)(3) that equals as closely as possible the costs of examination and approval of nonmetallic mining reclamation plans and the inspection of nonmetallic mining reclamation sites. These fees shall be calculated based on amount of un-reclaimed acres of each site, as defined in section NR 135.39(1), Wisconsin Administrative Code and according to its provisions. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under section 13-1-33(g). Fees shall be paid no later than December 31 before the year for which they apply.

(2)

Wisconsin Department of Natural Resources Share of Fee. Fees paid under this section shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in section NR 135.39(3), Wisconsin Administrative Code. For sites on which no nonmetallic mining has taken place during a calendar year, fees to be paid under this section for the following year shall be $15.00.

(3)

The City of Cedarburg's Share of Fee. Fees paid under this section shall also include an annual fee due to the City of Cedarburg. Such annual fees due to the City of Cedarburg shall be in the amounts stated in Table 3 in section 135.39(4), Wisconsin Administrative Code.

(4)

Reduced fee for inactive mines. Any site on which no nonmetallic mining activities has taken place in a calendar year shall be assessed a fee for the following calendar year of $50.00 per acre of un-reclaimed area.

(5)

Documentation of the City of Cedarburg's Share of Fee. If the annual fee in section 13-1-33(e)(3) is greater than that established in section NR 135.39(4)(c), Wisconsin Administrative Code, the City of Cedarburg shall document in writing its estimated program costs and the need for its annual fees established in section 13-1-33(e)(3) on or before April 14, 2006. This documentation shall be available for public inspection.

(f)

Regulatory reporting and documentation

(1)

Reporting. The City of Cedarburg shall send an annual report to the Wisconsin Department of Natural Resources including the information required by section NR 135.37, Wisconsin Administrative Code.

(2)

Documentation. The City of Cedarburg shall, to the best of its ability, maintain the information set forth in section NR 135.47(3), Wisconsin Administrative Code, and make it available to the Wisconsin Department of Natural Resources for that agency's audit of the City of Cedarburg's reclamation program pursuant to section NR 135.47, Wisconsin Administrative Code.

(g)

Completed reclamation - reporting, certification and effect.

(1)

Reporting. The operator of a nonmetallic mining site may certify completion of reclamation for a portion or all of the nonmetallic site pursuant to a reclamation plan prepared and approved pursuant to this ordinance and chapter NR 135, Wisconsin Administrative Code. Such certification documents shall be file with the city clerk.

(2)

Reporting of interim reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this ordinance and chapter NR 135, Wisconsin Administrative Code. Reporting of interim reclamation shall be done according to the procedures in section 13-1-33(g)(1).

(3)

Certification of completed reclamation. City of Cedarburg shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this subsection within 60 days of receipt, and make a determination in writing in accordance with section NR 135.40(7)(c), Wisconsin Administrative Code. If it is determined that interim or final reclamation is complete, including re-vegetation as specified in a plan that conforms to section 13-1-32(b), the City of Cedarburg shall issue the mine operator a written certificate of completion.

(4)

Effects of completed reclamation. If reclamation is certified by the City of Cedarburg as complete under section 13-1-33(g)(3) for part or all of a nonmetallic mining site, then:

a.

No fee shall be assessed under section 13-1-33(e) for the area so certified.

b.

The financial assurance required by section 13-1-32(c) shall be released.

c.

For sites which are reported as interim reclaimed under section 13-1-33(g)(2), and so certified under section 13-1-33(g)(3), financial assurance for reclaiming the certified area shall be reduced in proportion to the total area proposed for reclamation.

(5)

Effect of inaction following report of completed reclamation. If no written response as required by section 13-1-33(g)(3) for an area of the mine site reported as reclaimed or interim reclaimed is given within 60 days of receiving such request, any annual fee paid to the City of Cedarburg for it under section 13-1-33(e) shall be refunded.

(6)

Permit terminated. When all final reclamation required by a reclamation plan conforming to section 13-1-32(b) and required by this Ordinance is certified as complete pursuant to section 13-1-33(f), the City of Cedarburg shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.

(Ord. No. 2006-13)

(a)

Right of entry and inspection. For the purpose of ascertaining compliance with the provisions of Subchapter I of Chapter 295, Wisconsin State Statutes, Chapter NR 135, Wisconsin Administrative Code, or this ordinance, any authorized officer, agent, employee or representative of the City of Cedarburg may inspect any nonmetallic mining site subject to this ordinance as provided in Wis. Stats. § 295.17(1), and section NR 135.42, Wisconsin Administrative Code.

(b)

Orders and citations.

(1)

Enforcement orders. The City of Cedarburg may issue orders as set forth in Wis. Stats. § 295.19(1)(a) to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this ordinance, a permit issued pursuant to this ordinance or a reclamation plan required by section 13-1-32(b) and a permit issued under this ordinance. A violation of this ordinance, an order or permit issued pursuant to this ordinance or a reclamation plan required by section 13-1-32(b) and a permit issued under this ordinance shall be considered a violation of Subchapter I of Chapter 295, Wisconsin Statutes and Chapter NR 135, Wisconsin Administrative Code.

(2)

Special orders. The City of Cedarburg may issue a special order as set forth in Wis. Stats. § 295.19(1)(b) and (c), suspending or revoking a nonmetallic mining reclamation permit pursuant to section 13-1-33(b), of directing an operator to immediately cease an activity regulated under Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code or this ordinance until the necessary plan approval is obtained.

(3)

Review of orders. An order issued under section 13-1-34(b)(1) or (b)(2) may be reviewed as provided in Section NR 135.43(2), Wisconsin Administrative Code.

(4)

Citations. The City of Cedarburg may issue a citation under Wis. Stats. § 66.119 and section 13-1-34(c) under this ordinance to collect forfeitures or require any action needed to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this ordinance, a permit issued pursuant to this ordinance or a reclamation plan required by section 13-1-32(b) and a permit issued under this ordinance. The issuance of a citation under this subsection shall not preclude proceedings under any other ordinance or law relating to the same or any other matter. Proceeding under ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.

(5)

Enforcement. The City of Cedarburg may submit any order issued under section 13-1-34(b) to the district attorney, the corporation counsel, municipal attorney or the attorney general for enforcement as provided in Wis. Stats. § 295.19(1)(d).

(c)

Penalties. Any violation of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this ordinance, a permit issued pursuant to this ordinance or a reclamation plan required by section 13-1-32(b) and a permit issued under this ordinance may result in forfeiture as provided in Wis. Stats. § 295.29(3) as follows:

(1)

Any person who violates ordinance NR 135, Wisconsin Administrative Code or an order issued under section 13-1-34(b) may be required to forfeit not less than $25.00 nor more than $1,000.00 for each violation. Each day of continued violation is a separate offence. While an order issued under section 13-1-34(b) is suspended, stayed or enjoined, this penalty does not accrue.

(2)

Except for the violations referred to in section 13-1-30, any person who violates Subchapter I of Chapter 295, State Statues, Chapter NR 135, Wisconsin Administrative Code, any reclamation plan approved pursuant to this Ordinance or an order issued pursuant to section 13-1-34(b) shall forfeit not less than $10.00 nor more than $5,000.00 for each violation. Each day of violation is a separate offence. While an order issued under section 13-1-34(b) is suspended, stayed or enjoined, this penalty does not accrue.