Shawano City Zoning Code
ARTICLE VI
Overlay Zoning Districts
§ 10-90 Purpose.
The purpose of this article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth in Article II of this chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include mandatory protections against natural hazards, mandatory protections of valued natural resources, special design guidelines, and measures to ensure compatibility with airport flight operations. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V.
§ 10-91 How to use this article.
A given property may lie within one or more overlay zoning district based on its geographic location. The provisions of this article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district (see Article II). For each overlay district established in this article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the mandatory development regulations.
§ 10-92 Overlay Zoning Districts.
For the purpose of this chapter, the following overlay zoning districts are hereby established.
AP-O | Airport Overlay |
GWP-O | Groundwater Protection Overlay |
WF-O | Water Frontage Overlay |
WP-O | Woodlands Protection Overlay |
§ 10-93 Map of Overlay Zoning Districts.
Except where otherwise indicated in this article, the overlay zoning districts are represented on the Official Zoning Map, adopted and from time to time amended by the City of Shawano.[1]
[1]
Editor's Note: The Zoning Map is on file in the City offices.
§ 10-94 (AP-O) Airport Overlay District.
[Amended 4-9-2025 by Ord. No. 2039]
(1)
Intent. The intent of this overlay district is to regulate and restrict the height of structures and objects of natural growth in the vicinity of the Shawano Municipal Airport, to promote public safety, welfare and convenience, to increase safety in airport operations, to protect persons and property within the area, and protect the municipal investment in the airport facilities.
(2)
Applicability. This district overlays other districts, and its regulations further restrict provisions of the underlying district.
(3)
Permitted principal, accessory or special exception uses and structures. Same as for the underlying district except that no use shall create electrical interference with radio communication between the airport and aircraft, or make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport or otherwise endanger the landing, takeoff or maneuvering of aircraft.
(4)
Dimensional requirements. Same as for the underlying district, except that no structure shall be constructed, altered or located, or permitted to remain after such construction, alteration or location, and that no trees shall be allowed to grow to a height in excess of the height limit indicated on the 2010 Wisconsin Bureau of Aeronautics Official Height Limitation Zoning Map, Shawano Municipal Airport, Shawano, Wisconsin, which is adopted as part of this chapter.[1]
(a)
Authority and enforcement. Authority and enforcement of this subsection shall be granted to the City Forester as stated within Chapter 9, Public Nuisances, § 9.06, Trees and shrubs, Subsection (8), Dead, diseased, hazardous, or height-restricted tree removal on private property.
[1]
Editor's Note: Said map is on file in the City offices.
§ 10-95 (GWP-O) Groundwater Protection Overlay District.
(1)
Intent. The City of Shawano recognizes that consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the Groundwater Protection Overlay District is to protect municipal groundwater resources from certain land use activities by imposing appropriate restrictions upon lands located within the approximate groundwater recharge area of the City of Shawano's municipal wells. The restrictions imposed herein are in addition to those of the underlying residential, commercial or industrial zoning districts or any other provisions of the Zoning Ordinance.
(2)
Overlay zones. The Groundwater Protection Overlay District is hereby divided into Zone A and Zone B as follows:
(a)
Zone A is identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contaminants to the municipal wells. Zone A is more restrictive than Zone B. Zone A is within 1,000 feet of any well.
(b)
Zone B is identified as a secondary source of water for the municipal well aquifer and as the area where there is a lower probability of surface contamination reaching the municipal well fields. Zone B is less restrictive than Zone A.
(3)
Map. The locations and boundaries are established by this section as set forth on the Official Zoning Map, which is incorporated herein and hereby made a part of this chapter. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein.
(4)
Zone A prohibited uses. The following land uses are hereby found to have a high potential to contaminate or have already caused groundwater contamination problems in Wisconsin and elsewhere. The following principal or accessory uses are hereby prohibited within Zone A of the Groundwater Protection Overlay District:
(a)
Areas for dumping or disposal of garbage, refuse or demolition material.
(b)
Asphalt products manufacturing plants.
(c)
Automotive laundries.
(d)
Automotive service stations.
(e)
Building materials and products sales.
(f)
Cartage and express facilities.
(g)
Cemeteries.
(h)
Chemical storage, sale, processing or manufacturing plants.
(i)
Dry-cleaning establishments.
(j)
Electronic circuit assembly plants.
(k)
Electroplating plants.
(l)
Exterminating shops.
(m)
Fertilizer manufacturing or storage plants.
(n)
Foundries and forge plants.
(o)
Garages for repair and servicing of motor vehicles, including body repair, painting or engine rebuilding.
(p)
Highway salt storage areas.
(q)
Industrial liquid waste storage areas.
(r)
Junkyards and auto graveyards.
(s)
Metal reduction and refinement plants.
(t)
Mining operations.
(u)
Motor and machinery service and assembly shops.
(v)
Motor freight terminals.
(w)
Paint products manufacturing.
(x)
Petroleum products storage or processing.
(y)
Photography studios, including the developing of film and pictures.
(z)
Plastics manufacturing.
(aa)
Printing and publishing establishments.
(bb)
Pulp and paper manufacturing.
(cc)
Residential dwelling units on lots less than 15,000 square feet in area. However, in any residential district, on a lot of record on the effective date of this chapter, a single-family dwelling may be established regardless of the size of the lot, provided that all other requirements of the City of Shawano Zoning Ordinance are complied with.
(dd)
Septage disposal sites.
(ee)
Sludge disposal sites.
(ff)
Storage, manufacturing or disposal of toxic or hazardous materials.
(gg)
Underground petroleum products storage tanks for industrial, commercial, residential or other uses.
(hh)
Woodworking and wood products manufacturing.
(5)
Zone A conditional uses. The following conditional uses may be allowed in the Groundwater Protection Overlay District, subject to the provisions of the City of Shawano Zoning Ordinance:
(a)
Any other commercial use (§ 10-58) or industrial use (§ 10-59) not listed as prohibited use.
(b)
Animal waste storage areas and facilities.
(c)
Center-pivot or other large-scale irrigated agriculture operations.
(6)
Zone B prohibited uses. The following principal or accessory uses are hereby prohibited within Zone B of the Groundwater Protection Overlay District:
(a)
Underground petroleum products storage tanks for industrial, commercial, residential or other uses.
(7)
Zone B conditional uses. The following conditional uses may be allowed in the Groundwater Protection Overlay District, subject to the provisions of the City of Shawano Zoning Ordinance:
(a)
Any other commercial use (§ 10-58) or industrial use (§ 10-59) not listed as prohibited use.
(8)
Exemptions and waivers.
(a)
Exemption and conditions for existing facilities which may cause or threaten to cause environmental pollution.
1.
Facilities shall provide copies of all federal, state, and local facility operation approvals or certificates and ongoing environmental monitoring results to the Department of Public Works.
2.
Facilities shall provide additional environmental or safety monitoring as deemed necessary by the Department of Public Works.
3.
Facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
(b)
Exemptions for future nonpermitted uses.
1.
Individuals may request the Department of Public Works, in writing, to permit additional land uses in the City of Shawano Groundwater Protection Overlay District.
2.
All written requests to permit additional land uses in the City of Shawano Groundwater Protection Overlay District must include an environmental assessment report prepared by a licensed environmental engineer on the proposed land use and include payment for the Department of Public Works' review.
3.
Any exemptions granted will be made conditional and may include environmental and safety monitoring. The exemption will be made void if environmental and safety monitoring indicate the facility is emitting any releases of harmful contaminants to the surrounding environment. The facility will stop operation until cleanup occurs and another environmental assessment is submitted to the Department of Public Works with payment for review. The facility will be held financially responsible for all environmental cleanup costs. The City of Shawano may condition a bond to be posted for future monitoring and cleanup costs if deemed necessary at the time of granting an exemption.
4.
Exempted facilities must also provide the Department of Public Works with the items contained in Subsection (8)(a) of this section.
§ 10-96 (WF-O) Water Frontage Overlay District.
(1)
Intent. The intent of this overlay district is to protect any navigable water from the harmful effects of abutting development.
(2)
Applicability. This district overlays other districts and includes all land 75 feet inward from the ordinary high watermark. Its regulations further restrict provisions of the underlying district.
(3)
Permitted principal uses and structures: none.
(4)
Permitted accessory uses and structures. All accessory structures shall comply with the required setbacks and maximum building heights for accessory structures in Article II, except as otherwise provided for below.
(a)
Piers, wharves, and boathouses. All piers and wharves shall be so constructed as to comply with § 30.13, Wis. Stats., as it may from time to time be amended. Piers and wharves shall be exempt from the required setbacks for accessory structures in Article II. Boathouses shall not extend beyond the natural shoreline.
(b)
Patios, decks three feet in height or less, open gazebos, open arbors, or similar structures which do not have walls higher than three feet.
(c)
Small storage sheds for water-oriented equipment, including carry-in watercraft such as a kayak or canoe, oars, life preservers, seat cushions, fishing equipment, and electric trolling motors. Sheds shall not exceed a length of 24 feet, a width of eight feet, a gross floor area of 200 square feet, or a height of 15 feet.
(5)
Permitted paving. Gravel, asphalt, or concrete paths up to five feet wide running directly from the developed portion of the lot to the ordinary high watermark.
(6)
Dimensional requirements: same as for the underlying district except for the following:
(a)
All land 35 feet inland from the ordinary high watermark shall not exceed an impervious surface ratio of 50% per lot.
(b)
No more than 50% of the lot width as measured at the ordinary high watermark shall be occupied by elevated structures such as decks, gazebos, arbors, sheds, or similar structures.
§ 10-97 (WP-O) Woodlands Protection Overlay Zoning District.
(1)
Purpose. This district is intended to set forth special requirements for the protection of woodlands from the adverse effects of development. Woodlands provide a wide variety of environmental functions. These include atmospheric benefits, such as removing airborne pollutants, carbon dioxide uptake, oxygen production, and evapotranspiration returns. Water quality benefits include substantial nutrient uptake rate (particularly for nitrogen and phosphorus) and surface runoff reduction in terms of both volumes and velocities. Woodlands provide unique wildlife habitats and food sources. Woodlands are excellent soil stabilizers, greatly reducing runoff-related soil erosion. Woodlands also serve to reduce wind velocities, which further reduces soil erosion. Finally, under proper management techniques, woodlands serve as regenerative fuel sources.
(2)
Definition. Woodlands are defined as areas of trees in which combined canopies cover a minimum of 80% of an area of one acre of more, as shown on air photos for the City of Shawano and its environs.
(3)
Determination of boundaries. General woodland boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property containing a woodland depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 10-174. This analysis shall depict the location of all woodland areas on the subject property as described in Subsection (2) above.
(4)
Requirements. Woodlands shall remain in an undisturbed state except for the land uses permitted per the requirements of Subsections (5) and (6), below.
(5)
Principal uses permitted by right. Refer to Article III for detailed definitions and requirements for each of the following land uses.
(a)
Selective cutting.
(b)
Outdoor open space institutional.
(c)
Passive outdoor recreation.
(d)
Active outdoor recreation.
(6)
Principal use permitted as conditional use. Refer to Article III for detailed definitions and requirements.
(a)
Clear cutting.
(7)
Where woodlands have been clear cut without a conditional use permit or clear cut beyond the limits of an approved conditional use permit, the area that was clear cut shall be reforested per the following requirements:
(a)
Each area required to be reforested shall be reforested and maintained in a manner appropriate to site conditions.
(b)
A detailed reforestation plan shall be submitted by the property owner and approved by the City. This plan shall be reviewed by a reforestation consultant approved by the City and said consulting services shall be funded at the expense of the property owner.