A.

Purpose; applicability. This section is enacted by the village and is authorized by Wis. Stats. §§ 30.27, 61.35, and 62.23, Wis. Admin. Code Chapter NR 118 and other applicable state statutes and administrative code sections.

1.

Purpose. This section is enacted to create regulations to protect the continued eligibility of the Lower St. Croix River for inclusion in the National Wild and Scenic River system and to guarantee the protection of the wild scenic and recreational qualities of the river for present and future generations. These rules are intended to reduce the adverse effects of overcrowding and poorly planned shoreline and bluff area development, to preserve and maintain the scenic beauty of the shoreland and bluffs above the river, to prevent pollution and the contamination of surface and ground waters 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 (Wis. Stats. § 30.27).

2.

Applicability. These rules shall apply to land in the village and within the boundaries of the Lower St. Croix National Riverway as set forth in the master plan jointly prepared by the States of Minnesota and Wisconsin and the National Park Service, pursuant to P.L. 92-560.

Note: A boundary map and legal description of the riverway boundary is available in the office of each local zoning authority within the district boundaries.

B.

Definitions. For the purpose of this section:

1.

Accessory structure means 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.

2.

Accessory use means a use subordinate to and serving the principal use of the same lot, located on the same lot and customarily incidental thereto.

3.

Agriculture means 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.

4.

Antenna means any device or equipment used for the transmission or reception of electromagnetic waves, which may include an omni-directional antenna (rod), a directional antenna (panel) or a parabolic antenna (disc).

5.

Bed and breakfast operation means 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.

6.

Bluffline means a line along the top of the slope preservation zone.

7.

Board of appeals means the Village of North Hudson Board of Zoning Appeals.

8.

Building line means a line measured across the width of a lot at that point where the principal structure is placed in accordance with setback provisions.

9.

Camouflage design means a wireless communication service facility that is disguised, hidden or screened, but remains recognizable as a tower or antenna.

10.

Compliant building location means an area on a lot where a building could be located in compliance with all applicable ordinance requirements.

11.

Conditional use means a use that is specifically listed in this ordinance as a conditional use and the appropriate village zoning authority determines that the conditions specified in the ordinance for that use are satisfied.

12.

Density means the total number of dwelling units allowed to be constructed in a subdivision. It is calculated by dividing the total project acres, including road right of way easements, slope preservation zones and wetlands by the maximum average density of dwelling units allowed in a particular zoning district. All calculations are rounded down in determining the total number of dwelling units allowed.

13.

Department means the Wisconsin Department of Natural Resources.

14.

Disabled means having a physical or mental impairment that substantially limits one or more major life activities.

15.

Dwelling unit means a self-contained living unit used for human habitation.

16.

Earth-tone means colors that harmonize with the natural surroundings on the site during leaf on conditions.

17.

Expansion means an addition to an existing structure regardless of whether the addition is vertical or horizontal or both.

18.

Filtered view of the river means that one can see the river through the vegetation, while any structure remains visually inconspicuous.

19.

Footprint means 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.

20.

Foundation means the underlying base of a building or other structure, including but not limited to pillars, footings, and concrete and masonry walls.

21.

Human habitation means the use of a building or other structure for human occupancy, including but not limited to cooking, eating, bathing and sleeping.

22.

Land division means 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 35 acres or less.

23.

Landscape architect means a person who has graduated with a major in landscape architecture from a college accredited by the American Society of Landscape Architects.

24.

Lift means 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.

25.

Local zoning ordinance means this zoning ordinance, or amendments hereto, adopted by the village under authority of state enabling legislation which regulates the use of land within the Lower St. Croix Riverway.

26.

Lot means a contiguous parcel of land with described boundaries.

27.

Lower St. Croix Riverway or Lower St. Croix National Scenic Riverway means the area described in subsection A.2. of this section, pursuant to Wis. Adm. § NR 118.02 (1).

28.

Management zone refers to both the small town and the rural residential management zones as described in Wis. Adm. Code § NR 118.04 and subsection C of this section. References specific to either the small town or the rural residential management zones will identity the small town or the rural residential management zone.

29.

Mitigation means action taken to minimize the adverse impacts of development. The term "mitigation" may include, but is not limited to, the installation of vegetative buffers, the removal or relocation of nonconforming structures from the shoreland setback area, and the implementation of best management practices for erosion control and storm water management.

30.

Net project area means the developable land area minus slope preservation zones, floodplains, road rights-of-way and wetlands.

31.

Nonconforming structure means 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.

32.

Nonconforming use means the use of land or 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.

33.

Ordinary high water mark means 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.

34.

Ordinary maintenance and repair means 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.

35.

Planned cluster development means a pattern of development that places residences into compact groupings as a means of permanently preserving open space.

36.

Porch means a building walkway with a roof over it, providing access to a building entrance.

37.

Principal structure means 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.

38.

Reasonable accommodation means allowing a disabled person to deviate from the strict requirements of this section if an accommodation is necessary and reasonable, in order not to unlawfully discriminate against the disabled person and to allow them equal housing opportunity.

Note: Federal courts have interpreted the "reasonable accommodations" requirements in the Federal Fair Housing Act to mean that an accommodation is reasonable "if it does not cause any undue hardship, or fiscal or administrative burdens on the municipality, or does not undermine the basic purpose that the zoning ordinance seeks to achieve, Oxford House, Inc. v. Town of Babylon, 819 F. Supp. 1179, 1186 (E.D.N.Y. 1993)

39.

Reconstruction means the replacement of all or substantially all of the components of a structure other than the foundation.

40.

Selection cutting means 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.

41.

Setback means the minimum horizontal distance between a structure and either the ordinary high water mark or the bluffline.

42.

Shelterwood cut means 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.

43.

Single-family residence means a detached structure used for human habitation for one family.

44.

Slope preservation zone means the area riverward from the bluffline where the slope towards the river is 12 percent or more, as measured horizontally for a distance of not more than 50 feet nor less than 25 feet.

45.

Small regeneration cut means 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.

46.

Stealth design means 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 is unrecognizable year round as an antenna or antenna mount.

47.

Structural alteration means the replacement or alteration of one or more of the structural components of any of a nonconforming structure's exterior walls.

48.

Structural component means 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 door sills 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."

49.

Structural erosion control measures means a retaining wall or other man-made structure whose primary function is to control erosion.

50.

Structure means any man-made object with form, shape and utility, that is constructed or otherwise erected, attached to or permanently or temporarily placed upon the ground, a riverbed, streambed or lakebed or upon another structure. 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, bird baths and bird houses.

51.

Subdivision ordinance means The Village of North Hudson Subdivision of Land Ordinance.

52.

Substandard lot means a lot with dimensions that do not conform to all of the requirements of this section and the village's subdivision ordinance.

53.

Transmission services means 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.

54.

Village or the village means the Village of North Hudson, Wisconsin.

55.

Visually inconspicuous means 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.

56.

Wetland has the meaning found in Wis. Stats. § 23.32(1).

Note: Wis. Stats. § 23.32(1), 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."

57.

Wireless communication service facilities means hardware that provides wireless communication services including antennas, towers, all associated equipment, and buildings and other structures.

C.

Lower St. Croix Riverway overlay district and small town and rural residential management zones created within the village. The area to which this section applies in subsection A.2., the Lower St. Croix Riverway overlay district is hereby classified as either a small town management zone as defined by § NR 118.04(2), or a rural residential management zone as defined by § NR 118.04(4). These zones are part of the riverway overlay zoning district, and their regulations are in addition to those found in the village's Municipal Code. All requirements of this section apply to all areas within the small town management zone or the rural management zone within the Lower St. Croix Riverway in the village and to no area in the village outside of the small town or rural residential management zones.

1.

The small town management zone is established in the village in the area bounded on the north by the north boundary of sections 13 and 14, Township 29 North, Range 20 West in North Hudson and to the south by the corporate limit between the City of Hudson and Village of North Hudson, as it existed on June 1, 2004.

Note: NR 118.04(2) states: "The small town management zone is dominated by large-lot single-family residences. Natural vegetation and landscaped environments are interspersed with residential development. Shoreline areas are a mix of natural vegetation and residential lawns, with some portions being largely undisturbed."

2.

The rural residential management zone is established in the village in an area bounded on the north by the Arcola High Bridge and on the south by the north boundary of sections 13 and 14, Township 29 North, Range 20 West in North Hudson.

Note: NR 118.04(4) states: "The rural residential management zone is mostly single-family residential on large lots in a low-density rural environment, with little or no commercial development. Most of the district is wooded, with scattered residential structures. Residential lawns are limited near the river's shore, and the shore area is primarily natural in appearance."

D.

Permitted uses.

1.

The following uses are permitted in all management zones if the standards in section H are met:

(a)

Single-family residential and accessory uses.

(b)

Conservancy.

(c)

Forestry.

(d)

Agriculture.

(e)

Public parks, natural resource management and interpretation areas, waysides, rest areas and scenic overlooks.

(f)

Filling and grading outside of slope preservation zones.

2.

One-family and two-family residence districts (RS, RA, RD). The following uses are permitted in the small town management zone in the one-family and two-family residence districts (RS, RA, RD), if the standards in section H are met, and provided that any use also satisfies all of the following criteria: (1) Protection of the natural and scenic qualities of the Lower St. Croix Riverway; (2) Protection of public health and safety; (3) Prevention of erosion and water pollution:

(a)

One single-family dwelling per lot, except mobile homes, and one residential garage and one accessory building.

(b)

One two-family dwelling per lot, except mobile homes, in the RD district and as conditionally permitted in the RA district as set forth in subsection (b)(6) of this section. One residential garage and one accessory building are permitted per family.

(c)

Municipal parks, playgrounds, recreational fields, and equipment, and related buildings and facilities.

(d)

Signs as permitted by section 98-102, fences as permitted by section 98-103, and retaining walls as permitted by section 98-104.

(e)

Uses customarily incident to any of the uses set forth in this subsection, provided that no such use generates unreasonable levels of noise, light, smoke, traffic, or air or water pollution that would create a public or private nuisance.

3.

Multiple-family residence districts (RM-1, RM-2, and RM-3). The following uses are permitted in the small town management zone in the multiple-family residence districts (RM-1, RM-2, and RM-3) if the standards in subsection H are met, and provided that any use also satisfies all of the following criteria: (1) Protection of the natural and scenic qualities of the Lower St. Croix Riverway; (2) Protection of public health and safety; (3) Prevention of erosion and water pollution:

Any use permitted in the RS, RA, and RD districts are permitted in the RM-1, RM-2, and RM-3 districts.

4.

Conservancy district (W). The following uses are permitted in the small town management zone in the conservancy district (W) if the standards in section H are met, and provided that any use also satisfies all of the following criteria: (1) Protection of the natural and scenic qualities of the Lower St. Croix Riverway; (2) Protection of public health and safety; (3) Prevention of erosion and water pollution:

(a)

Management of forestry, wildlife, and fish.

(b)

Harvesting of wild crops, such as ferns, moss, berries, tree fruits, and tree seeds.

(c)

Parks and general recreational areas.

(d)

Uses similar and customarily incident to any of the uses this in this subsection (a).

E.

Permitted structures.

1.

The following structures are allowed in all management zones if the standards in section H are met:

(a)

Single-family residences and accessory structures.

(b)

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.

(c)

Signs.

(d)

Structural erosion control measures constructed outside of slope preservation zones. Rock rip-rap may be allowed within a slope preservation zone and within the ordinary high water mark setback area if the village 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 so that a state permit is not required for the rip-rap.

F.

Conditional uses.

1.

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 subsections H, I, and K, and with the applicable requirements of Village Municipal Code sections 98-56 through 98-67.

(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)

Stairways.

(h)

Lifts.

(i)

Public roads and private roads serving two or more lots or single-family residences.

(j)

Bed and breakfast operations.

(k)

Home occupations.

(l)

Nature-oriented educational, non-profit facilities.

2.

One-family and two-family residence districts (RS, RA, RD). The following conditional uses are permitted in the small town management zone in the one-family and two-family residence districts (RS, RA, RD), if the standards in section H are met, and provided that any conditional use also satisfies all of the following criteria: (1) Protection of the natural and scenic qualities of the Lower St. Croix Riverway; (2) Protection of public health and safety; (3) Prevention of erosion and water pollution.

(a)

Home occupations, including day care providers certified or licensed by the state which serve not more than ten enrollees.

(b)

Churches, public or private schools, libraries, cemeteries, and related buildings and facilities.

(c)

Municipal buildings and facilities.

(d)

Public or nonprofit recreational, civic or community center buildings and facilities.

(e)

Public or private utilities and similar services, including buildings and related structures and facilities thereof, including those furnishing water, sewer, electric, gas, telephone, television or radio services; provided, however, that any action by the village board allowing such facilities within public street rights-of-way or other public properties shall constitute the granting of a conditional use permit therefore, notwithstanding the provisions of article III of this chapter.

(f)

Two-family residences in the RA district.

3.

Multiple-family residence districts (RM-1, RM-2, and RM-3). The following conditional uses are permitted in the small town management zone in the multiple-family residence districts (RM-1, RM-2, and RM-3), if the standards in section H are met and provided that any Conditional Use also satisfies all of the following criteria: (1) Protection of the natural and scenic qualities of the Lower St. Croix Riverway; (2) Protection of public health and safety; (3) Prevention of erosion and water pollution.

(a)

Multiple-family dwellings.

(b)

Charitable institutions, nursing homes, and private nonprofit clubs and lodges.

(c)

Uses conditionally permitted in the RS, RA, and RD districts.

(d)

Mobile homes, provided the location thereof is approved and a permit granted in the manner provided in the Village Municipal Code Chapter 98-34(4), in addition to meeting all procedures and conditions found within this ordinance.

4.

Commercial districts (C-1, C-2, and C-3) and the industrial/commercial district (I). The following conditional uses are permitted in the small town management zone if the standards in subsection H are met and provided that any conditional use also satisfies all of the following criteria: (1) Protection of the natural and scenic qualities of the Lower St. Croix Riverway; (2) Protection of public health and safety; (3) Prevention of erosion and water pollution.

All uses within the commercial districts (C-1, C-2, and C-3) and the industrial/commercial district (I) are conditional uses.

5.

Conservancy district (W). The following conditional uses are permitted in the small town management zone if the standards in section H are met and provided that any conditional use also satisfies all of the following criteria: (1) Protection of the natural and scenic qualities of the Lower St. Croix Riverway; (2) Protection of public health and safety; (3) Prevention of erosion and water pollution.

(a)

Sewage disposal plants, water storage and pumping facilities, golf courses, and seasonal public camping grounds.

(b)

Dams, power stations, and transmission lines and water storage facilities.

G.

Prohibited uses. All uses and structures not listed herein as permitted or conditional uses are prohibited in all management zones.

H.

Lot dimension and other standards.

1.

Density and minimum lot size.

(a)

Small town management zone: The minimum lot size standards of the Village Municipal Code apply and are as follows:

One-family and two-family residence districts: (RS), (RA) and (RD) zoning districts: One-family residence minimum lot size is 13,000 square feet; two-family residence minimum lot size is 15,000 square feet. All other permitted uses minimum lot size is 5,000 square feet.

Multiple family residence districts: For (RM-1), minimum lot size is 8,000 square feet per dwelling unit; for (RM-2) minimum lot size is 5,500 square feet per dwelling unit; for (RM-3) minimum lot size is 4,000 square feet per dwelling unit; All other permitted uses minimum lot size is 10,000 square feet.

Commercial district: For (C-1), minimum lot size is 5,000 square feet; for (C-2) and (C-3), minimum lot size is 12,000 square feet.

Industrial/commercial district: For (I), minimum lot size is 15,000 square feet.

Conservancy district (W), minimum lot size is 13,000 square feet.

(b)

Rural residential management zone: The density standard in the rural residential management zone shall be a maximum of one single-family residence on each lot. The minimum lot size shall have at least one acre of net project area. The minimum lot size and subdivision density shall also conform to the requirements of the village subdivision ordinance unless a variance is granted by the village board of appeals. 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.

Minimum lot width. The minimum lot width shall apply at the building line and at the side of the lot nearest the river.

(a)

Small town management zone: The minimum lot width standards of the Village Municipal Code apply and are as follows:

One-family and two-family residence districts: (RS), (RA) and (RD) zoning districts: One-family residence minimum lot width is 90 feet; two-family residence minimum lot width is 100 feet.

Multiple family residence districts: For (RM-1), (RM-2) and (RM-3) zoning districts: multiple family buildings minimum lot width is 120 feet; all other conditional uses minimum lot width is 75 feet.

Commercial district: For (C-1), minimum lot width is 50 feet; for (C-2) and (C-3) minimum lot width is 100 feet.

Industrial/commercial district: For (I) minimum lot width is 100 feet.

Conservancy district (W), minimum lot width is ten feet.

(b)

Rural residential management zone: The minimum lot width shall be 200 feet.

3.

Maximum structure height. In all management overlay districts, the maximum structure height shall be measured, before filling and grading, between the average ground elevation and the uppermost point of the structure, excluding chimneys. The maximum structure height shall be 35 feet except for wireless communication service facilities in the rural residential management zone which shall meet the height requirements of subsection I.4(c), (d) and (e) of this section.

4.

Ordinary high water mark setback. The setback shall be measured on a horizontal plane from the point of the structure that is nearest the ordinary high water mark, including roof overhands and any cantilevered portions of the structure.

(a)

Small town management zone: All structures, except piers, wharves, structural erosion control measures, stairways and lifts shall be setback at least 100 feet from the ordinary high water mark.

(b)

Rural residential management zone: All structures, except piers, wharves, structural erosion control measures, stairways and lifts shall be setback at least 200 feet from the ordinary high water mark.

5.

Bluffline setback. The bluffline setback shall be measured on a horizontal plane from the point of the structure that is nearest to the bluffline, including roof overhangs and any cantilevered portions of the structure.

(a)

Small town management zone: All structures, except piers, wharves, structural erosion control measures, stairways and lifts shall be set back at least 40 feet from the bluffline.

(b)

Rural residential management zone: All structures, except piers, wharves, structural erosion control measures, stairways and lifts shall be set back at least 100 feet from the bluffline as measured, except that structures may be setback less than 100 feet from the bluffline, but not less than 40 feet from the bluffline, if all of the following conditions are met:

1.

No part of the structure protrudes above the bluff line when viewed from at or near the midline of the river or from 250 feet riverward from the shoreline, whichever is less.

2.

The structure is not located within a slope preservation zone.

3.

The structure utilizes earth-tone building materials that are of a non-reflective nature, except that windows may be made of ordinary window glass or non-reflective glass, but may not be made of glass designed to reflect more light than ordinary window glass.

4.

The structure is visually inconspicuous.

5.

The structure is located more than 200 feet from the ordinary high watermark.

6.

Structure color standards. In all management zones, all new, expanded, reconstructed or repainted structures shall be earth tone colored, except that structures designated as historic buildings, as defined under the village floodplain zoning ordinance (42-2) or historic preservation ordinance (98-152) may be either earth tones or colored appropriate to the period in history for which they were designated.

7.

Sign standards. In all management zones, signs are allowed if one or more of the following criteria are met:

(a)

The sign is approved by state or local government and is necessary for public health or safety.

(b)

The sign indicates areas that are available or not available for public use.

(c)

The sign is not visible from the river and is otherwise lawful.

8.

Structural erosion control measures. In all management zones, except for rock rip-rap that is allowed in compliance with the requirements in subsection E.4. of this section, 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:

a.

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 subsection I.6. that allows its construction inside of slope preservation zones.

b.

The village determines that structural erosion control measures are necessary to address significant on-going erosion that nonstructural erosion control measures cannot control.

c.

The structural erosion control measure is constructed of natural materials and is made as visually inconspicuous as possible.

d.

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 re-established. Construction may not proceed until the village has approved the plans.

9.

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 percent may not be altered to become less than 12 percent.

10.

Vegetation management.

(a)

Goals. All of the following goals apply to all management zones:

(1)

The primary goals of these vegetative management provisions are to screen structures to make them visually inconspicuous and to prevent erosion and disturbance of environmentally sensitive areas such as steep slopes, shorelines and bluff top areas.

(2)

A secondary goal is to maintain and restore historically and ecologically significant plant communities and enhance diversity.

(3)

Vegetative screening of structures takes priority over restoration and maintenance of significant plant communities.

(4)

Successional climax forest and pre-settlement disturbed oak savanna are the preferred forest ecotype examples of significant plant communities.

(b)

Standards. The purpose of vegetative management standards is to prevent erosion, protect ground water, prevent surface water contamination and to lessen the visual impact of existing structures and new and expanded structures. The following vegetation management standards apply in all management zones, except where more stringent specific overlay district standards expressly 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 subsections I.3., 4. and 9. for transmission services, wireless communication facilities or roads.

(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 subsections I.3., 4. and 9. for transmission services, wireless communication facilities or roads.

(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, and removing trees that pose an imminent safety hazard to persons or structures is allowed.

(4)

Lawns within ordinary high water mark setbacks areas, slope preservation zones and bluffline setback areas shall not be expanded. 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 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 threaten large areas of vegetative cover.

Note: Noxious weeds include those species designated by § 66.96(2), Wis. Stats., 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.

(6)

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.

(7)

The practice of forestry shall be allowed on lands for which a forest stewardship plan has been developed under Wis. Stats. ch. 77, or Wis. Admin. Code 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 so allowed shall be implemented to employ commonly accepted silvicultural practices approved by a department forester, to ensure that silvicultural practices are compatible with the riverway overlay district goals of protecting natural scenic values and ensuring that structures 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.

Note: Generally accepted forest management guidelines, which include guidelines for forest aesthetics, are described in a WDNR publication titled Wisconsin Forest Management Guidelines, PUB-FR-226 2003 available from the WDNR Forestry Division, PO Box 7921, Madison, Wisconsin 53707-7921 or on the Wisconsin DNR website at:

http://www.dnr.state.wi.us/org/land/forestry/Publications/Guidelines/index.htm

(8)

Noxious weeds, exotic species, poison ivy, poison oak, poison sumac or any other vegetation that is removed shall be replaced with native vegetation, which may include native non-noxious weeds.

(9)

In the small town 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 subsections H.10(b)(1) through (8) shall be replaced by trees that are at least one inch in circumference at the base.

(c)

Penalties. The penalty for removing vegetation in violation of this section shall include replacement of vegetation with native vegetation at the property owner's expense in addition to other remedies available under this section.

11.

Private on-site wastewater treatment systems. If connection to the village municipal sanitary sewer system is excepted under Village Municipal Code section 94-196, private on-site wastewater treatment systems shall meet all applicable requirements of the Village Municipal Code sections 94-191 through 94-203, shall require approval by the village, and shall be constructed in accordance with the requirements of Wis. Adm. Code Ch. Comm. 83 or stricter requirements that may be required by the village or by St. Croix County in its sanitation code.

12.

Filling and grading. Filling and grading may be permitted outside slope preservation zones if all of the following requirements are met:

(a)

Filling and grading activities are set back at least 40 feet from slope preservation zones.

(b)

Filling and grading activities do not disturb more than 10,000 square feet of land.

(c)

No wetlands are filled or drained.

(d)

Any vegetation that is removed is replaced with native vegetation.

(e)

Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.

(f)

As part of an erosion control plan, Wisconsin construction site best management practices are implemented.

Note: Approved best management practices for construction site erosion control can be found 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 Ave., Madison, WI 53707.

I.

Conditional use standards. The conditional uses and structures listed in subsection F may be permitted if the requirements in subsections H, K.2, and the following standards are met:

1.

Land divisions. The village may grant a conditional use permit to divide property into lots for residential purposes when the village determines that all of the following conditions are met:

(a)

All lots on which single family residences are proposed to be built shall meet the minimum lot size and width requirements in subsections H.1. and 2., and shall be suitable for residential development in their existing condition without the need for a variance.

(b)

All lots are suitable for their proposed use and will not be subject to the potential for flooding, inadequate drainage, severe erosion, inadequate water supply or inadequate sewage disposal capabilities.

(c)

The use of such lots will not be limited by unfavorable soil and rock formations, unfavorable topography, or any other feature likely to result in harm to the health, safety or welfare of future residents of the lots or of the local community.

(d)

The village and applicant shall consult with the State Historical Society concerning potential impacts to archeological sites. If the property is found to contain an archeological site, the applicant shall develop and implement a plan, subject to village approval, to avoid or mitigate adverse impacts to the archeological site with the assistance from the State Historical Society.

2.

Planned cluster developments. A conditional use permit may be issued for a planned cluster development for single family residences if the applicant demonstrates that all of the following criteria are met:

(a)

The proposed clustering provides a better means of preserving scenic views, open space and shoreline than a traditional single family residential subdivision.

(b)

The proposed structures comply with the minimum ordinary high water mark and bluffline setbacks and height standards in subsections H.3., 4. and 5. of this section.

(c)

Exceptions to the standards in subsections H.1 and 2 may be allowed by the village for planned cluster developments, provided that the total number of single-family residences may not exceed 50 percent more than the total number of single-family residences allowed if the development complied with all standards in subsection H.1. and 2. of this section.

(d)

No lot created in a planned cluster development shall abut the river.

(e)

If lands are divided, the land division meets the requirements of this section found in subsection I, conditional use standards, subdivision 1, land divisions.

3.

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:

(a)

All new, updated or reconstructed transmission services shall be placed underground, if the village determines that underground placement is technically feasible. As part of the application process, an applicant who seeks to establish that underground placement is technically infeasible, shall provide supporting engineering data to explain to the village what factors make it infeasible.

(b)

When underground placement is determined to be technically infeasible by the village, above ground transmission services, may be permitted, but shall be designed and located to minimize adverse visual impact on the scenic character of the riverway.

(c)

New, updated or reconstructed transmission services shall be constructed and maintained using minimally invasive techniques for construction and maintenance, including erosion control. Existing transmission facilities shall be maintained using minimally invasive techniques, including erosion control.

(d)

Cutting or clearing of vegetation for transmission service maintenance may be conducted provided that an understory layer of vegetation shall be maintained to prevent erosion and allow succession. Vegetative management shall protect the quality and diversity of the plant community and prevent erosion. Herbicide use shall be limited to direct topical application to cut stems to prevent regrowth. The pruning of normal tree growth for safety reasons or to prevent interference with the transmission service and the removal of noxious weeds is allowed.

4.

Wireless communication service facilities. A conditional use permit may be issued for the installation, reconstruction, modification and replacement of wireless communication service facilities if the applicant demonstrates that all of the following conditions are met:

(a)

Construction and maintenance shall be conducted using techniques which minimize the cutting or pruning of vegetation in order to preserve mature vegetation and provide screening of the facilities. Erosion control measures shall be employed.

(b)

Wireless communication service facilities shall use building materials, colors, textures, screening and landscaping that blend the facilities into the surrounding natural features and shall be visually inconspicuous.

(c)

Wireless communication service facilities shall be of camouflage or stealth design, unless placed on existing structures.

(d)

Wireless communication service facilities, in the small town management zone shall be of a height designed to blend in with the historic character of the community.

(e)

Wireless communication service facilities in the rural residential management zone may not exceed a height of 50 feet or no more than 20 feet above the tallest structure or tree canopy within a 300-foot radius of the proposed wireless communication facilities as measured horizontally, whichever is higher.

(f)

New or reconstructed wireless communication service facilities may not be placed in slope preservation zones, floodplains or wetlands.

5.

Filling and grading activities.

(a)

A conditional use permit may be issued for filling and grading activities in the Riverway overlay district in the following areas if the conditions in paragraph (b) are satisfied:

(1)

In slope preservation zones that do not directly face the river and do not drain directly to the river.

(2)

Outside of slope preservation zones when more than 10,000 square feet of land is proposed to be disturbed by filling or grading activity.

(3)

Within 40 feet of a slope preservation zone.

(b)

A conditional use permit may be issued for filling and grading in the areas described in paragraph (a) when the applicant demonstrates that all of the following conditions are met:

(1)

Filling and grading activities do not disturb more than 10,000 square feet of land within a slope preservation zone.

(2)

No wetlands are filled or graded.

(3)

All vegetation that is removed will be promptly replaced with native vegetation during the same growing season.

(4)

Filling and grading activities are designed and implemented in a manner that minimizes erosion, sedimentation, and impairment of fish and wildlife habitat.

(5)

As part of an erosion control plan, Wisconsin construction site best management practices are implemented.

Note: Approved best management practices for construction site erosion control can be found 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 Ave., Madison, WI 53707.

6.

Structural erosion control measures inside 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 in the Riverway overlay district if the applicant demonstrates that all of the following conditions are met:

(a)

The village has determined that structural erosion control measures are necessary to address significant on-going erosion that nonstructural erosion control measures cannot control.

(b)

The structural erosion control measure is constructed of natural materials and is located and implemented to be as visually inconspicuous as possible.

(c)

The person seeking to construct the structural erosion control measure shall submit a detailed construction plan, an erosion control plan and a vegetative management plan, showing how the structural erosion control measure will be constructed, what land disturbing activities will take place, what, if any, vegetation will be removed, and how new native, vegetation will be re-established. Construction may not proceed until the village has approved the plans.

7.

Stairways. A conditional use permit may be issued for a stairway if the applicant demonstrates that all of the following conditions are met:

(a)

The stairway is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions.

(b)

The tread width of the stairway may not exceed 48 inches.

(c)

Landings are located at vertical intervals of not less than 20 feet, and no individual landing may exceed 40 square feet in area.

(d)

Hand rails may be permitted in conjunction with stairways.

(e)

No canopies and or roofs will be installed as part of the stairway.

(f)

The stairways, handrails and landings shall be anchored and supported above grade with pilings or footings.

(g)

Stairways shall be constructed of unfinished wood or stone, or shall be painted or stained with earth-tone materials.

(h)

Stairways shall be visually inconspicuous and shall be located in the most visually inconspicuous area of the lot.

(i)

Native vegetation plantings shall be used to form a vegetative canopy to screen the stairway from the river.

(j)

Existing vegetation may be removed only within one foot of either side of the stairway route and no more than eight feet above the stairway floor.

(k)

Only one stairway is permitted on any one lot abutting the Lower St. Croix River.

8.

Lifts. A conditional use permit may be issued for a lift if the applicant demonstrates that all of the following requirements are met:

(a)

The lift is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions.

(b)

The car floor of the lift does not exceed four feet by six feet in area.

(c)

Canopies and roofs are not allowed.

(d)

All visible parts of the lift shall be painted or finished in earth-tone, non-reflective materials and shall be visually inconspicuous.

(e)

Lifts and their transporting device or power source shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot.

(f)

Native plantings shall be used to form a vegetative canopy to screen the lift from the river.

(g)

Existing vegetation may be removed only within one foot on either side of the lift route and no more than eight feet above the lift floor.

(h)

Only one lift is permitted on a lot that abuts the Lower St. Croix River.

9.

Public roads and private roads serving two or more lots 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 existing or newly created lots or single-family residences if the applicant demonstrates that all of the following conditions are met. Prior to obtaining such a conditional use permit, the applicant must obtain approval from the public works committee.

(a)

No new road may be constructed in slope preservation zones, in an area 40 feet landward of blufflines, within 200 feet of the river, within 100 feet of tributary watercourses or in wetlands.

(b)

Route design and construction or reconstruction shall minimize visual impacts by using terrain features to blend the road into the landscape, avoiding cuts and fills as much as feasible.

(c)

New roads shall be visually inconspicuous. Reconstruction of existing roads shall be performed in a manner that does not increase the visibility of the road from the river.

(d)

All new roads shall meet or exceed the applicable standards and requirements of the Village Municipal Code.

(e)

Cutting or clearing vegetation for road right-of-way maintenance shall be conducted only in accordance with the following requirements:

(1)

Vegetation shall be managed to allow an understory layer to remain in place to prevent erosion and allow succession. Vegetation shall not be disturbed in such a way that there would be reduced quality or diversity of the plant community or increased potential for erosion.

(2)

Herbicide use shall be limited to direct topical application to cut stems to prevent regrowth. The pruning of normal tree growth for safety reasons or to prevent interference with infrastructure and the removal of noxious weeds is permitted.

(3)

Mowing of a safety zone is allowed, extending from the edge of the pavement back 15 feet or to the ditch bottom, whichever is less, as is the periodic clearing of intersection vision triangles. Other parts of the right-of-way may be mowed to control noxious weeds and undesirable brush and only after July 15 in order to avoid adverse impact on ground-nesting birds.

(4)

Cutting of trees more than four inches in diameter breast height is prohibited, except that trees that pose a hazard to public health or safety may be removed.

10.

Bed and breakfast operations. A conditional use permit may be issued for a bed and breakfast operation in any management overlay district if all of the following requirements are met:

(a)

The bed and breakfast operation provide four or fewer rooms for rent to transient visitors.

(b)

The bed and breakfast operation has sufficient parking spaces on its lot for the guests.

11.

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:

(a)

The owner or person who rents the residence on a full-time basis conducts the home occupation.

(b)

The home occupation is conducted inside of the residence and at all times is subordinate to the use of the home as a principal residence.

(c)

The home occupation will not cause environmental pollution.

(d)

If the home occupation causes additional persons to visit the residence, sufficient parking is provided on the lot.

12.

Nature-oriented educational, non-profit facilities. A conditional use permit may be issued for a nature-oriented educational, non-profit facility in the overlay district if all of the following requirements are met:

(a)

The facility will not cause environmental pollution or erosion.

(b)

The facility has sufficient parking on its property for patrons to park.

J.

Nonconforming uses and structures and substandard lots.

1.

Nonconforming uses. A nonconforming use may not be expanded or enlarged. A change from one nonconforming use to another nonconforming use is not allowed. If a nonconforming use is discontinued for a period of 12 months, then any future use of the building and premises shall conform to all of the requirements of this section and other applicable requirements of the Village Municipal Code.

2.

Nonconforming principal structures. Ordinary maintenance and repair to nonconforming principal structures in the overlay district is allowed.

3.

Reconstruction of nonconforming principal structures. Nonconforming principal structures located within the ordinary high water setback area, bluffline setback area or slope preservation zone may be structurally altered or reconstructed and foundations may be replaced, improved or structurally altered if all of the following requirements are met:

(a)

The lot has an area of at least 7,000 square feet.

(b)

The altered or reconstructed structure will be visually inconspicuous or will be rendered so through mitigation as required in subsection J.7. of this section. The mitigation requirements shall be incorporated into the conditional use permit.

(c)

The structure is altered or reconstructed in the same footprint as the pre-existing structure.

(d)

The height of the structure following alteration or reconstruction complies with the height limitations of subsection H.3. and other applicable requirements of the Village Municipal Code. The reconstructed structure may not be any taller than the pre-existing nonconforming structure, except that a pre-existing flat roof may be replaced with a pitched roof.

(e)

The color of the structure complies with the building material color requirements of subsection H.6. of this section.

(f)

The property owner submits a mitigation plan that complies with the requirements of subsection J.7. If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved by the village. 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 waste water treatment systems are brought into compliance with the requirements of Wis. Adm. Code ch. Comm. 83 and the requirements of the Village Municipal Code.

(h)

The foundation of the structure may not be replaced, improved or structurally altered. Notwithstanding the definition of "reconstruction" in subsection B.39. and the preceding sentence, the foundation of a nonconforming principal structure may be replaced, improved or structurally altered in conjunction with the reconstruction of the structure if the entire structure is located more than 50 feet from the ordinary high water mark and no part of the structure lies in a slope preservation zone.

(i)

An erosion control plan and revegetation plan shall be submitted to the village for approval or modification and approval prior to the issuance of a permit for the structural alteration or reconstruction.

(j)

No filling and grading is allowed during alteration or reconstruction except as minimally necessary to perform the alteration or reconstruction in compliance with other provisions of this section and to bring the site into conformity with existing sanitary, storm water and erosion control requirements.

(k)

If the nonconforming structure is located in a slope preservation zone, it may be reconstructed only if Wisconsin construction best management practices applicable to steeper sloped areas are implemented to control erosion.

Note: Approved best management practices for construction site erosion control can be found 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 Ave., Madison, WI 5370.

4.

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 pre-existing foundation may be replaced, repaired or structurally altered in conjunction with the expansion if all of the applicable following requirements are met:

(a)

Conformance with subsections J.3.(a)—(j), reconstruction of nonconforming principal structures are required. Additionally, all of the following standards must be met, as applicable:

(b)

The nonconforming principal structure is not located wholly or partially within 50 feet of the ordinary high water mark or within a slope preservation zone.

(c)

A nonconforming principal structure entirely set back more than 50 feet from the ordinary high water mark and located wholly or partially within 75 feet of the ordinary high water mark may be expanded only if the village concludes that there is no compliant building location available elsewhere on the lot.

(d)

Structures entirely located more than 75 feet from the ordinary high water mark may be expanded regardless of whether a compliant building location exists elsewhere on the lot.

(e)

For structures located wholly or partially within the ordinary high water mark setback area, the total footprint of the structure may not exceed 1,500 square feet.

(f)

For structures located wholly or partially within the bluffline setback, but not within the ordinary high water mark setback area, the total footprint of the structure may not exceed 2,000 square feet and the structure shall comply with all of the requirements in subsections H.5.(a) to (d).

(g)

Expansion is on the side of the structure farthest from the river or, if landward expansion is not possible, the expansion is parallel to the ordinary high water mark or bluffline.

(h)

The height of the structure complies with subsection H.3.

(i)

The color of the structure complies with subsection H.6.

(j)

The property owner submits a mitigation plan that complies with the requirements of subsection 7. 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.

(k)

Private on-site wastewater treatment systems are brought into compliance with the requirements of Wis. Adm. Code ch. Comm 83.

(l)

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.

(m)

There will be no filling or grading conducted as part of the reconstruction or expansion except as necessary to reconstruct or build the expansion in compliance with other provisions of this chapter, upgrade a private on-site wastewater treatment system, replace sewer or water laterals, or install storm water or erosion control measures.

5.

Nonconforming accessory structures. Ordinary maintenance and repair of nonconforming accessory structures in the overlay district is allowed. Nonconforming accessory structures may not be structurally altered, reconstructed or expanded, except that detached garages and storage sheds may be structurally altered, reconstructed or expanded if all of the following requirements are met, where applicable:

(a)

The entire detached garage or storage shed is not located in a slope preservation zone.

(b)

The entire detached garage or storage shed is set back more than 75 feet from the ordinary high water mark.

(c)

The detached garage or storage shed is not used for human habitation.

(d)

The combined footprints of all nonconforming detached accessory structures on a lot other than existing driveways and located partially or entirely within 75 feet of the ordinary high water mark, in a slope preservation zone or in a bluffline setback area may not exceed 500 square feet. The square footage allowance for detached garages and sheds is in addition to the square foot allowance for nonconforming principal structures.

(e)

The detached garage or storage shed is built with earth-tone building materials that are non-reflective, except that windows may be made of ordinary window glass or non-reflective glass, but may not be made of glass designed to reflect more light than ordinary window glass.

(f)

Mitigation measures are implemented and maintained that comply with the requirements of subsection 7.

(g)

The structure is visually inconspicuous or will be rendered so through a mitigation plan that complies with subsection 7.

6.

Substandard lots. Lots in the overlay district that were of record with the St. Croix County register of deeds on January 1, 1976, or on the date of the adoption of an amendment to a village ordinance that made the lot substandard and which do not meet the requirements of this chapter, may be allowed as building sites if all of the following criteria are met:

(a)

Either the lot is held in separate ownership from abutting lands; or the lot, by itself or in combination with an adjacent lot or lots under common ownership in an existing subdivision has at least one acre of net project area. Adjacent substandard lots under common ownership may only be sold or developed as separate lots if each of the lots has at least one acre of net project area and separately complies with the Village Municipal Code.

(b)

All structures that are proposed to be constructed or placed on a substandard lot and the proposed use of the lot shall comply with the requirements of this section, and all underlying village zoning and sanitary code requirements.

7.

Mitigation requirements. Expansion, structural alteration or reconstruction of nonconforming principal structures or nonconforming accessory structures in the overlay district shall comply with these mitigation requirements. Mitigation requirements shall be roughly proportional to the magnitude of the impacts of the proposed project on scenic resources, water quality, erosion potential and the protection of the shoreland area. Mitigation shall include but not be limited to the following:

(a)

Planting of trees capable of screening the entire structure if existing vegetation is not sufficient to render the structure visually inconspicuous. The trees shall be native to the area, at least two inches in diameter at breast height and planted no more than 12 feet apart parallel to all structure(s). To allow for future growth, these trees may be planted at different locations staggered between the structures and the river so long as they are still no more than 12 feet apart. These trees should be of a relatively fast growing species such as maple and other appropriate species.

(b)

The vegetation in the area within 50 feet of the ordinary high water mark shall be preserved or restored through planting of native vegetation. Vegetation shall be established or maintained at densities that are adequate to protect water quality, habitat and natural scenic beauty of the shoreland area. Vegetation shall provide screening between all structures and the river so as to make all non-conforming structures visually inconspicuous while providing a limited view to the river from the structures. A 15-foot wide mowed area around the structure to protect it from wildfire is permitted.

(c)

Best management practices shall be followed to encourage storm water 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 Ave., Madison, WI 53707.

(d)

A property owner shall submit an affidavit signed by all owners describing the required mitigation plan 30 days prior to the first permit approval hearing. The affidavit, or if the mitigation plan is modified as a result of the permit approval hearing, a different affidavit describing the mitigation plan approved by the village, shall be recorded with the county register of deeds by the village clerk within 14 days of final permit approval. This recorded affidavit shall describe the permanent vegetative screening, building color, erosion control and other continuing mitigation measures that will be required of future property owners, so as to put such future owners on notice as to mitigation measures they will be required to sustain.

K.

Administration: No person may construct, reconstruct, expand or structurally alter a building or structure or undertake any other land development regulated under this chapter without a permit from the village. This requirement applies to all uses and structures under this section.

1.

Permitted structures and uses: Application procedure. Prior to any construction, reconstruction, expansion or structural alteration of a building or other structure, or any undertaking of any other land development regulated under this chapter, the property owner must apply for a permit from the Village.

Application for a permit required by this section shall be made in writing upon a form to be furnished by the building inspector and shall state the name and address of the owner of the building and the owner of the land on which it is to be erected, the name and address of the general contractor, location of the land and building, the street number thereof, and such other information as the building inspector may require.

For applications for one-family or two-family dwellings, there shall be submitted to the building inspector two complete sets of building plans, specifications, and a land survey. The building inspector may waive any part of the requirements described in this subsection provided that the application sufficiently describes the proposed construction. For applications for three or more units, and all plans that need state approval, there shall be submitted seven sets of state-approved plans.

(a)

Survey. The survey shall be prepared and certified by a surveyor registered by the state, shall be made within one year prior to the issuance of a building permit, and shall bear the date of the survey. The certified survey shall also show the following:

1.

Location and dimensions of all buildings on the lot, both existing and proposed.

2.

Dimensions of the lot.

3.

Dimensions showing all setbacks to all buildings on the lot.

4.

Proposed grade of proposed structure, to village datum.

5.

Grade of lot and/or road opposite lot.

6.

Grade and setback of adjacent buildings. If adjacent lot is vacant, submit elevation of nearest buildings on same side of road.

7.

Type of monuments at each corner of lot.

8.

Watercourses or existing drainage ditches.

9.

Distance from property line to back of street curb or paving edge if no curb.

10.

Seal and signature of surveyor.

(b)

Plans and specifications. All plans shall be drawn to a scale on paper and shall disclose the existing and proposed provisions for water supply, sanitary sewer connections, and surface water drainage. All dimensions shall be accurately figured. Drawings that do not show all necessary detail shall be rejected. A complete set of plans for residential construction shall consist of:

1.

All elevations.

2.

All floor plans.

3.

Complete construction details.

4.

Masonry fireplace details showing cross section of fireplace and flues.

5.

Plans of garage when garage is to be built immediately, or location of garage when it is to be built at a later date.

All plans shall remain on file in the office of the building inspector.

(c)

Approval of plans and issuance of permits. If the building inspector determines that the plans submitted for a one-family or two-family dwelling substantially conform to the provisions of this section and all applicable building codes and other legal requirements, an approval shall be issued. The plans shall be stamped "conditionally approved" by the building inspector or certified independent inspection agency. One copy shall be returned to the applicant and one copy shall be retained by the building inspector. The conditions of approval shall be indicated by a letter or on the permit. All conditions of the approval shall be met during construction.

(d)

Seal of registered engineer or architect. All plans, data, and specifications for the construction of any building or structure or for any construction in connection with existing buildings and structures, other than one-family and two-family residences, containing more than 50,000 cubic feet, total volume, submitted with an application for a permit, shall bear the seal of a state registered architect or state registered engineer. The plans shall also be stamped as approved as required by the state department of commerce. Such building or structure shall be constructed under the supervision of an architect or engineer, who shall be responsible for its erection in accordance with the approved plans. No permit shall be granted for such structure unless such construction will be under the supervision of an architect or engineer, as required by statute. The architect or engineer shall file a written statement to this effect with the building inspector when the application is submitted.

(e)

Drainage.

(1)

Grading of lots. The plans shall show the present and proposed grades of the lot on which it is proposed to erect the building for which a building permit is sought and of the immediately adjoining property in sufficient detail to indicate the surface water drainage before and after the completion of grading. No permit shall be issued if the erection of the building and the proposed grades shall unreasonably obstruct the natural flow of water from the surface of adjoining property or obstruct the flow of any existing ravine, ditch, drain, or stormwater sewer draining neighboring property, unless suitable provision is made for such flow by means of an adequate ditch or pipe, which shall be shown on the plans, and shall be constructed so as to provide continuous drainage at all times.

(2)

Stormwater drains. No dwelling shall be erected nor shall existing provisions for conveyance of water from the roof of any dwelling be altered or replaced unless provision is made to convey water from the roof of the dwelling in such a manner that such water will not, directly or indirectly, pass thence into the sanitary sewer system. No stormwater or surface water drains may be connected with the sanitary sewer system, whether installed above or below the surface of the ground.

(f)

Fees. Before receiving a building permit, the owner or his agent shall pay all required fees established by the village and on file in the village office. In applying the provisions of this section in respect to new work, existing buildings, alterations and repairs, the value of the work shall be determined by the building inspector on the basis of current costs, or as otherwise provided in the local ordinances.

In addition to the permit process, all applicable state and local building codes, regulations, ordinances, etc. that apply to any construction, reconstruction, expansion or structural alteration of a building or other structure, or any undertaking of any other land development, apply.

2.

Conditional use and variance procedures: Application procedure. Permit applications are subject to the following procedures.

(a)

A public hearing shall be held by the village board of appeals before any variance application is approved or denied. A public hearing shall be held by the planning commission before a recommendation to approve or deny any conditional use is made to the village board. In addition to any other notice requirements, notice of all public hearings and a copy of all application materials shall be provided to the Wisconsin Department of Natural Resources, St. Croix County and the Western Wisconsin regional planning commission at least 30 days before the public hearing.

In addition to the requirements of this section, applications for conditional use permits will follow the applicable requirements of Village Municipal Code sections 98-56 through 98-67. In addition to the requirements of this section, applications for a variance will follow the applicable requirements of the Village Municipal Code Sections 98-126.

All applications to the planning commission/village board for conditional use permits or the board of appeals for a variance from the requirements of this section shall require:

(1)

A Class 1 notice is required for the public hearings to be held by the planning commission for an application for conditional use permit and by the board of appeals for an application for variance.

(2)

Written notice of the application and public hearing to contiguous landowners shall be given by mail or in person by the property owner at least seven days prior to the planning commission or board of appeals hearings.

(b)

Conditional use and variance permit applications—Information requirements.

(1)

A scale drawing or survey showing the property location, boundaries, dimensions, elevations, bluff lines, slope preservation zones, utility and roadway corridors, ordinary high water mark, ordinary high water mark setback, flood way and flood fringe boundaries, and adjoining land and water-oriented uses.

(2)

A recent aerial photo with property lines drawn in, showing the location of existing and proposed structures including height and setback dimensions.

(3)

The location of existing and proposed alterations of vegetation and topography, including any vegetative removal and replacement that is proposed.

(4)

A mitigation plan, if required.

(5)

Photos of the site taken from the river slightly upstream and downstream of the property, and directly offshore.

(6)

An erosion control and proposed grading plan.

(7)

A vegetative management plan, showing where vegetation is proposed to be removed and replaced.

(8)

Any other information that the planning commission, board of appeals or state department of natural resources deems appropriate in making a decision. If the plan commission, board of appeals or state department of natural resources requests additional information, the applicant shall submit such information to the plan or board and department prior to any hearing on the application.

(9)

Applications for land divisions, planned cluster developments, bed and breakfast operations, home occupations, nature oriented educational, non-profit facilities and variances shall also include:

(i)

The location of any existing or proposed municipal or private on-site sanitary sewer system.

(ii)

Water supply information, including the location of any proposed wells.

(10)

Applications for filling and grading, structural erosion control structures, and road construction shall also include a plan showing the proposed construction, reconstruction, location and design of the filling and grading, structural erosion control measure or road construction.

(11)

Applications for transmission services and wireless communication service facilities shall also include:

(i)

For transmission services a plan showing the location of proposed facilities, and if not placed underground, a documentation of why this is technically infeasible, and a plan outlining design and construction methods to minimize adverse visual impacts to the riverway.

(ii)

For wireless communication service facilities, a plan showing the location of proposed facilities and an illustration of the methods to be used to meet design requirements for the appropriate, stealth, camouflage, and height requirements.

(12)

Applications for stairways and lifts shall also include a plan showing the stairway or lift location, design, dimensions, color, construction materials, erosion control measures and vegetative removal and replacement. The plan shall contain a certification by a registered professional engineer or architect that the stairway or lift components are securely anchored to prevent them from shifting and from causing erosion. The plan shall be approved, or modified and approved by the local unit of government and incorporated into the conditional use permit.

(c)

Public hearing; decision record. The public hearing record shall contain the comments of the applicant, the public, governmental agencies and the members of the village board, planning commission or board of appeals. The decision record shall specifically address the preservation of the scenic and recreational resources of the riverway, especially in regard to the view from and use of the river; the maintenance of safe and healthful conditions; the prevention of and control of water pollution, including sedimentation; the location of the site with respect to floodways, floodplains, slope preservation zones and blufflines; the erosion potential of the site based on degree and direction of slope, soil type and vegetative cover; potential impact on terrestrial and aquatic habitat; location of the site with respect to existing or future access roads; adequacy of proposed wastewater treatment; and compatibility with adjacent land uses. Any plan which requires approval submitted with an application shall be approved, or modified and approved, and included in the record as part of the permit application. The village shall send a copy of each decision, including a summary of the hearing, to the department, within five working days after the date of consideration by the plan commission, board of appeals or village board.

(d)

Variance standards and procedures: Variances may only be granted by the village board of appeals in an overlay district where such an action is not contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. Economic considerations alone do not constitute a hardship, nor may the hardship be self-created. The village shall impose such conditions in the granting of variances as will ensure compliance and protect adjacent properties and the public interest, especially in regard to the view from the river and environmental standards. In deciding on a variance request, the village should consider whether compliance with the strict letter of the ordinance governing area, setbacks, frontage, height, or density unreasonably prevents the owner from using the property for a permitted purpose, renders conformity with such restrictions unnecessarily burdensome or unduly undermines the intent of the ordinance. In making its decision the village shall also consider the effect of the variance on the neighborhood and the larger public interest.

(1)

Variance application process: This section shall apply to all requests for any variance from the requirements of this section:

(i)

An applicant for a variance shall submit an application on a form provided by the village.

(ii)

Applicant shall provide complete substantiating information consistent with par. (b) and (d) above and the degree and nature of the variance request and other information as may be requested by the board of appeals or village board.

(2)

Decision. After reviewing all information provided by the applicant, and after considering all information received at the public hearing, the board of appeals shall make its decision, either on the record at the meeting or in a separate written document, to be provided to the applicant within 30 days of the final consideration on the matter. A decision should address the following concerns:

(i)

Whether hardship has been demonstrated.

(ii)

Whether the public interest is harmed by granting the variance.

(iii)

Whether satisfactory evidence has been provided to insure that the applicable concerns in par. (c) of this section are met if the variance is granted.

(iv)

Whether any reconstructed structures or new and expanded structures for which a variance is granted are visually inconspicuous.

(v)

Whether best management practices regulating erosion and surface water degradation on any project for which a variance is granted are required.

(vi)

Whether the effect on the neighborhood and property values has been considered, and if an adverse effect will occur if the variance is granted.

3.

Map and text amendments. A public hearing is required, preceded by class 2 notice, before any zoning map or zoning text amendment may be approved or denied by the village. In addition to any other notice requirements, notices of all public hearing and copies of all submitted application materials shall be provided to the state department of natural resources, St. Croix County and West Central Wisconsin Regional Planning Commission 30 days prior to the public hearing. Applications for map and text amendments shall include:

(a)

A scale drawing or survey showing the property location, boundaries, dimensions, elevations, blufflines, slope preservation zones, utility and roadway corridors, ordinary high water mark, floodway, flood fringe, and adjoining land and water oriented uses.

(b)

Photos of the site taken form the river slightly upstream and downstream of the property and directly offshore.

(c)

Other information that the community development/zoning department or state department of natural resources requests. If additional information is requested, the applicant shall provide the requested information to the village and the state department of natural resources prior to the public hearing.

The village may not amend the area or boundaries of the small town or rural residential management zones established in subsection C of this section and § NR 118.04, Wis. Adm. Code. The boundaries may only be changed by revision of § NR 118.04.

4.

Review by the state department of natural resources.

(a)

All applications for conditional use permits, variances and map and text amendments shall by reviewed by the department. The department's comments shall be submitted to the village and included in the public hearing record.

(b)

Where additional information is introduced at the hearing by the applicant or where the applicant may wish to review the department's or village's opposition, the hearing record may be held open for review of the information. If, at the end of 30 days after the date of the hearing, the village has not scheduled a second hearing on the application at the request of the applicant, the department or the village, the hearing record shall be closed.

(c)

The village shall send to the department a copy of each decision that is issued under subsections K.2 and K.3. In addition, the village shall submit to the department copies of any other permit issued under this section if requested to do so by the department.

5.

Reasonable accommodations for disabled persons. Where necessary to accommodate a disabled person entitled to reasonable accommodations under the Americans with Disabilities Act, the federal Fair Housing Act or the Wisconsin Open Housing Law, the village shall issue a special administrative permit to allow a disabled person an accommodation that is necessary and reasonable and that would otherwise violate the strict requirements of the Lower St. Croix River district zoning ordinance, provided the accommodation does not cause undue hardship or fiscal or administrative burdens on the village or does not undermine the basic purpose of this section, as follows:

(a)

On a form provided by the community development/zoning department, the applicant shall provide verification necessary to determine the eligibility of the applicant for a special administrative permit.

(b)

The process and requirements for obtaining the special administrative permit shall be identical to the conditional permit application process, including required mitigation measures.

The village may not issue variances to disabled persons unless the statutory variance criteria in Wis. Stats. § 62.23(7) is satisfied. If a special administrative permit is issued in order to accommodate a disabled person entitled to reasonable accommodations under the Americans with Disabilities Act, the federal Fair Housing Act or the Wisconsin Open Housing Law, that special administrative permit terminates when the person whose disability it was intended to accommodate no longer uses the site. Such permits are unique to the individual and are not transferable.

Note: The Americans with Disabilities Act ("ADA"), 42 USC 12101 to 12213, requires state 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, Wis. Stats. § 106.50, requires local governments to make "reasonable accommodations" in the application of zoning ordinances in order to provide equal opportunity in 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 state law variances can only be granted based on the unique characteristics of the property.

6.

Penalties.

(a)

Violations. No building or structure shall be erected, constructed, placed, moved or structurally altered, reconstructed or expanded nor shall any use of land, premises, building or structure, be established or changed in violation of any provision of this section. No person shall fail to comply with any standard of this section or with any condition or qualification placed upon the issuance of any permit, approval or variance granted under this ordinance.

(b)

Responsible parties. Owners of land, occupants of land and agents of owners or occupants including, without limitation because of enumeration, building contractors, surveyors, plumbers, installers, soil technicians, landscapers, road builders, grading and excavating contractors and their agents are responsible for compliance with all provisions of this section which bear upon their area of competency and responsibility. Any such person who violates or aids or abets any violation of this section shall be subject to prosecution for such violations and to legal action seeking remedial action.

(c)

Notice. If the village becomes aware of a condition that is or is likely to become a violation of this section as defined in (a) above, the village shall immediately notify the parties it deems responsible and potentially liable for said violation. The notice shall include a description of the circumstances giving rise to the village's conclusion of an existing or potential violation and a demand that the condition alleged to constitute the present or potential violation be halted, prevented from occurring or remedied. If an enforcement demand from the village is not complied with within 30 days of issuance of the notice, the village may file a complaint to prosecute the alleged violation and may seek remedial action.

(d)

Violation remedies. A forfeiture in the amount as set forth in section 98-127(c) may be imposed by the village board, the building inspector or zoning administrator for violation of this section. The village shall also be entitled to recover its actual legal fees and costs of prosecuting violations of this section. Each day a violation exists or continues shall constitute a separate offense for purposes of imposing a forfeiture. The village may also refer violations to the village attorney for prosecution and in addition may seek emergency or permanent injunctive relief, seeking site restoration or prohibition of a practice, action or continuing course of action, plus the actual fees and costs of obtaining said order.

(e)

Other enforcement provisions.

(1)

Where a permit or variance has been approved subject to specified conditions, and where any such condition is not complied with by the permit or variance holder, the village may conduct a hearing, following procedures similar to those followed in considering the granting of said permit or variance, to consider whether the permit or variance holder is in noncompliance with the conditions of the permit, variance or this ordinance. Finding of noncompliance with conditions originally imposed or with other provisions of this section shall be grounds for revocation of the permit or variance.

(2)

The village may require the creation, approval by the village and recording of correction instruments correcting errors in distances, angles, directions, bearings, chords or lot numbers, read names or other details of a recorded certified survey map or plat at the expense of the subdivider or affected property owners.

(3)

No provision of this section shall be construed to bar private action to enjoin or abate the use or occupancy of any land or structure as a nuisance by the village or by any private party.

L.

Reserved.

M.

Severability. Should any portion of this section be declared by any state or federal court to be invalid for any reason, the remainder of this section shall not be affected. Notes shown in the body of this section are for reference only. The notes and materials to which they refer are not to be construed a part of this section.

(Ord. No. 19-2000, § 98.21, 10-3-2000; Ord. No. 01-2009, 1-6-2009; Ord. No. 03-2021, 6-1-2021)

(a)

Purpose and intent. It is declared a matter of public policy that the protection, enhancement, perpetuation, and use of improvements or sites of special character or special architectural, archaeological, or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of the people. The purpose of this section is to:

(1)

Effect and accomplish the protection, enhancement, and preservation of such improvements, sites, and districts which represent or reflect elements of the village's cultural, social, economic, political, and architectural history.

(2)

Safeguard the village's historic, prehistoric, and cultural heritage, as embodied and reflected in such historic structures, sites, and districts.

(3)

Stabilize and improve property values, and enhance the visual and aesthetic character of the village.

(4)

Protect and enhance the village's attractions to residents, tourists, and visitors, and serve as a support and stimulus to business and industry.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Certificate of appropriateness means the certificate issued by the commission approving alteration, rehabilitation, construction, reconstruction, or demolition of a historic structure, historic site, or any improvement in a historic district.

Committee means the historic preservation committee created under this section.

Historic district means an area designated by the village board on recommendation of the commission that contains two or more historic improvements or sites.

Historic site means any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this section, or an improvement parcel, or part thereof, on which is situated a 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 means any improvement which has a special character or special historic interest or value as part of the development, heritage, or cultural characteristics of the village, state, or nation, and which has been designated as a historic structure pursuant to the provisions of this chapter.

Improvement means 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, etc.

(c)

Historic preservation committee created. A historic preservation committee is created, consisting of five members. Of the membership, one shall be a village board member, one shall be a plan commission member, and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The village president shall appoint the committee subject to confirmation by the village board.

(d)

Historic structure, site, and district designation.

(1)

For purposes of this section, a historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement, or structure located thereon, or any area of particular historic, architectural, archaeological, or cultural significance to the village such as historic structures, sites, or districts which:

a.

Exemplify or reflect the broad cultural, political, economic, or social history of the nation, state or, community; or

b.

Are identified with historic personages or with important events in national, state, or local history;

c.

Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship;

d.

Are representative of the notable work of a master builder, designer, or architect who influenced his age; or

e.

Have yielded, or may be likely to yield, information important to prehistory or history.

(2)

The committee shall adopt specific operating guidelines for historic structure, historic site, and historic district designation, providing such are in conformance with the provisions of this chapter.

(e)

Powers and duties.

(1)

Designation. The committee shall have the power, subject to subsection (f) of this section, to designate historic structures and historic sites, and to recommend designation of historic districts within the village limits. Such designations shall be made based on the provisions of subsection (d) of this section. Historic districts shall be approved by the village board. Once designated, such historic structures, historic sites, and historic districts shall be subject to all the provisions of this chapter.

(2)

Regulation of construction, reconstruction, alterations, and demolition.

a.

No owner or person in charge of a historic structure, historic site, or structure within a historic district shall reconstruct, alter, or demolish all or any part of the exterior of such property, construct any improvement upon such designated property, cause or permit any such work to be performed upon such property, or demolish such property unless a certificate of appropriateness has been granted by the historic preservation committee. Unless such certificate has been granted by the committee, the building inspector shall not issue a permit for such work.

b.

Upon the filing of any application for a certificate of appropriateness with the committee, the committee shall approve the application unless:

1.

In the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy, or adversely affect any exterior feature of the improvement or site upon which such work is to be done;

2.

In the case of the construction of a new improvement upon a historic site, or within a historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district;

3.

In the case of any property located in a historic district, the proposed construction, reconstruction, exterior alteration, or demolition does not conform to the purpose and intent of this section, and to the objectives and design criteria of the historic preservation plan for such district;

4.

The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the village and state;

5.

In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.

c.

The committee shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The committee may conduct an independent investigation into the proposed designation or rescission. Within ten days after the close of the public hearing, the committee may designate the property as either a historic structure, or a historic site, or rescind the designation. After the designation or rescission has been made, notification shall be sent to the property owner. Notification shall also be given to the village clerk, building inspector, plan commission, and the village assessor. The committee shall cause the designation or rescission to be recorded, at the village's expense, in the office of the county register of deeds.

(3)

Creation of historic district.

a.

Historic preservation plan for selected area. For preservation purposes, the historic preservation committee shall select geographically defined areas within the village to be designated as historic districts and shall prepare a historic preservation plan for each area. An historic district may be designated for any geographic area of particular historic, architectural, or cultural significance to the village after application of the criteria in subsection (d) of this section. Each historic preservation plan prepared for or by the historic preservation committee shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives.

b.

Review and adoption procedure.

1.

Historic preservation committee. The historic preservation committee shall hold a public hearing when considering the plan for an historic district. Notice of the time, place, and purpose of the public hearing shall be sent by the village clerk to the owners of record, as listed in the office of the village assessor, who are owners of the property within the proposed historic district, or are situated in whole or in part within 200 feet of the boundaries of the proposed historic district. Such notice is to be sent at least ten days prior to the date of the public hearing. Following the public hearing, the historic preservation committee shall vote to recommend, reject, or withhold action on the plan.

2.

Village board. The village board, upon receipt of the recommendations from the historic preservation committee shall hold a public hearing, notice to be given as noted in subsection (e)(3)b.1. of this section, and shall, following the public hearing, either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan prepared for that district and direct the implementation of such plan.

c.

Decision on application. If the committee determines that the application for a certificate of appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the certificate of appropriateness. The committee shall make the decision within 45 days of the filing of the application.

d.

Other permits and approvals. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the village. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work.

e.

Maintenance and repairs. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance, and, provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.

(4)

Appeals. Should the committee fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the village board within 30 days. In addition, if the committee fails to issue a certificate of appropriateness, the committee shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this section.

(5)

Recognition of historic structures, sites, and districts. At such time as an historic structure, site, or district has been properly designated, the committee, in cooperation with the property owner, may cause to be prepared and erected on such property at the village's expense, a suitable plaque declaring that such property is an historic structure, site, or district.

(f)

Procedures; designation of historic structures and historic sites. The committee may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the provisions of subsection (d) of this section. At least ten days prior to such hearing, the committee shall notify the owners of record, as listed in the office of the village assessor, who are owners of property, in whole or in part, situated within 200 feet of the boundaries of the property affected.

(g)

Interim control. No building permit shall be issued by the building inspector for alteration, construction, demolition, or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the historic preservation committee at which a nomination form is first presented until the final disposition of the nomination by the historic preservation committee or the village board unless such alteration, removal, or demolition is authorized by formal resolution of the village board as necessary for public health, welfare, or safety. In no event shall the delay be for more than 180 days.

(h)

Violations; penalties. Any person violating any provision of this section shall be fined $50.00 for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the building inspector.

(i)

Separability. If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application for such provisions to other persons or circumstances shall not be affected thereby. This article shall take effect from and after its passage and publication as provided by law.

(Ord. No. 19-2000, § 98.22, 10-3-2000)

Bed and breakfast establishments may be permitted in any residential district by conditional use permit, provided the following conditions are complied with:

(1)

The owner of the premises shall comply with all laws and regulations, including applicable provisions of Wis. Stats. ch. 50, and with Wis. Admin. Code ch. HSS 197, and shall obtain all permits and licenses required by such licensure regulations.

(2)

The premises shall be the owner's personal residence and must be occupied by the owner as such.

(3)

The premises must be originally built and occupied as a single-family residence; or prior to use as a bed and breakfast establishment, the premises must have been converted to the use of a single-family residence and occupied as such.

(4)

Any structural additions to the dimensions of the original structure must have been completed before May 11, 1990, including any structural additions by renovation; provided, however, that a structural addition, including a renovation to the structure, may be made after May 11, 1990, within the dimensions of the original structure.

(5)

No alcoholic beverages shall be served on the premises, except in compliance with Wis. Stats. ch. 125, including, but not limited to, Wis. Stats. § 125.06(12).

(6)

Only one identification sign, not to exceed two square feet in area, may be attached to an exterior wall of the home identifying the name of the owner and/or the name of the bed and breakfast establishment.

(7)

One off-street surfaced dust-free parking space shall be provided for each bed and breakfast unit, in addition to two parking spaces for the permanent residents.

(8)

All bed and breakfast units shall be located within the principal residence, unless specifically allowed by the conditional use permit.

(9)

No guest shall be permitted to stay in a bed and breakfast facility for more than 15 nights in any consecutive 30-day period.

(10)

Meals may be provided only to overnight guests.

(11)

A bed and breakfast establishment may provide no more than four rooms for rent for no more than a total of ten persons or occupants.

(12)

Each bed and breakfast establishment shall be equipped with an approved, listed, labeled, and operable smoke detector located inside each sleeping room and at the top of each stairway in a manner consistent with the manufacturer's recommendations. Fire extinguishers shall be placed in the kitchen area, furnace area, and hallways adjoining the bedrooms. The fire extinguishers must be approved, listed, and labeled, and annually inspected and recharged if needed. The inside surface of the bedroom door shall exhibit an evacuation plan, with a diagram of escape routes and emergency telephone numbers.

(13)

The use of unvented gas, kerosene, oil, or other fossil fuel space heater is prohibited.

(14)

All windows that can be opened in the bedrooms shall be screened. Unless sleeping rooms are effectively air conditioned, doors opening to the outside shall be similarly screened.

(15)

Bed and breakfast establishments shall provide clean and sanitary toilet, hand washing, and bathing facilities. These facilities and laundry facilities used in conjunction with bed and breakfast establishments shall be cleaned at least daily if used and maintained in good repair. Adequate toilet, lavatory, and shower or bathroom facilities shall be provided. All lavatories and baths shall be supplied with hot and cold running water.

(16)

All approved bed and breakfast establishments shall be subject to an annual inspection by the village fire inspector and building inspector. A satisfactory inspection by those individuals is a prerequisite to continued operation of the bed and breakfast establishment.

(Ord. No. 19-2000, § 98.23, 10-3-2000)

Sexually oriented businesses shall be permitted in the commercial or industrial districts provided that:

(1)

The sexually oriented business may not be operated within:

a.

Five hundred feet of a church, chapel, synagogue or regular place of religious worship;

b.

One thousand feet of any school (pre-school, elementary, middle or high school, public or private);

c.

Five hundred feet of a licensed day-care center;

d.

Five hundred feet of any public park;

e.

Two hundred feet of any residential district or any single-family, two-family, or multi-family residential use;

f.

Five hundred feet of any premises licensed by the village for any sale or consumption of alcoholic beverages;

g.

Five hundred feet of another sexually oriented business.

(2)

A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business.

(3)

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line or boundary of a property listed in subsection (1).

(Ord. No. 7-2001, §§ 5, 10, 6-5-2001)