GOVERNMENTAL BODY: WAUPACA COUNTY IMPLEMENTATION STEERING COMMITTEE MEETING
TIME: 6:30 P.M.
1. Call Meeting To Order
Chair Dennis Kussmann called the meeting to order at 6:30 p.m.
2. Roll Call
Implementation Steering Committee Members Present: Patricia Craig (County Board), Kay Ellis (Town of Dayton), Jane Haasch (Town of Dayton), Stefan Shoup (Town of Wyoming), Michael Orr (Town of Waupaca), DuWayne Federwitz (County Board/Town of Matteson), Steve Frings (Town of Farmington), Marvin Schneider (Town of Caledonia), Art Richardson (Town of Lind), Douglas Behnke (Town of Bear Creek), Penny Leder (Town of Bear Creek), Michael Koles (University of Wisconsin-Extension), Terry Murphy (County Board) and Dennis Kussmann (County Board).
Implementation Steering Committee Members Excused: Gary Marx (Town of Scandinavia), Jackie Beyer (Town of Little Wolf) and Greg Blum (Town of Iola).
Others Present: John Penney (County Board), Robert Ellis (County Board), Jane Shoup (Town of Wyoming resident), Evan Abrahamson (Town of Waupaca) and Joel & Virginia Minton (campground owners).
Staff Present: Ryan Brown, Jean Gliniecki, Jeff Henneman and Jason Snyder.
3. Chair Kussmann read the Open Meeting Statement, “This meeting and all other meetings of this committee are open to the public. Proper notice has been posted and given to the press in accordance with Wisconsin Statutes, so the citizenry may be aware of the time, place and agenda of this meeting.”
4. Approve Agenda As Presented
Marvin Schneider motioned to approve the agenda as presented. The motion was seconded by Art Richardson. Motion carried unanimously.
5. Approve the Minutes from the November 7, 2012 Implementation Steering Committee Meeting.
Steve Frings motioned to approve the minutes as presented. The motion was seconded by Mike Orr. Motion was carried unanimously.
6. The Committee continued their review of the proposed amendments to the Waupaca County Zoning Ordinance.
Ø New definition:
52. Seasonal Camp Site: a site designated in a campground or camping resort that is intended to accommodate a recreational vehicle (RV), for a period of time exceeding thirty (30) days. The Committee agreed.
Ø Amend Sec. 6.09.4.a
to “Land uses designed, maintained, intended or used for the purpose of
providing camping sites for nonpermanent overnight use to accommodate not more
than one (1) recreational vehicle (RV), motor home, pick-up coach, travel
trailer, camping trailer, park model or tent per site. This use also
includes facilities for use by campers including restrooms/showers, active and
passive recreation areas, office/convenience store buildings, and necessary
accessory uses. Any public or private parcel of land containing two (2) or
more recreational vehicles used for habitation and occupied twenty-four (24) hours thirty (30) days or longer shall be deemed a
campground or camping resort. In any residential zone each home or cottage
owner shall be permitted only one (1) recreational vehicle to be parked on his
premises for storage purposes only. These
units are not to be rented, leased, or used for habitation purposes at any
time.” Jane Haasch felt
that the last sentence contradicted this section. So the Committee agreed to delete
that last sentence and also to change 24 hours to 30 days.
Ø Sec. 6.09.4.b was
added: “In addition to the above,
all campgrounds or camping resorts located in Waupaca County offering seasonal
camp sites must abide by the following:
(1) Seasonal camp sites are not permanent residences and shall not be occupied more than two hundred ten (210) days per year.
(2) If a campground has adequate impervious surface area:
(a) Seasonal camp sites may be permitted one (1) accessory structure per site not to exceed ten (10) feet by ten (10) feet, twelve (12) feet in height.
(b) Seasonal camp sites may be permitted one (1) deck or patio allowing for safe ingress and egress from the recreational vehicle (RV), provided this deck or patio does not exceed one hundred fifty (150) square feet.
(1) In rare instances, a seasonal camp site owner may request an additional deck or patio area to allow safe ingress or egress to a second door on their RV. If this request is approved by the Planning & Zoning Office, then the total square footage of both decks or patios must not exceed one hundred fifty (150) square feet.
(3) Seasonal camp sites located within the shoreland or floodplain area, are only permitted accessory structures and/or decks or patios when in compliance with all local and State regulations.
(4) Prior to the Waupaca County Planning and Zoning Office issuing any permit for an accessory structure, or deck or patio area, the campground owner must first have on file a complete and accurate survey of their campground. The survey must accurately detail all lot and shoreland lines, structures, roads, parking areas, green space, and contain the current impervious surface calculations.
(5) RVs located on seasonal camp sites may not affix or erect additions of any type, other than those permitted by this Ordinance. This includes porches, room additions, structures designed to cover the RV and protect it from the elements, or any other addition of a similar nature.
(6) Seasonal camp sites must retain the ability to be dismantled and removed within twenty-four (24) hours of notice to do so.
(7) Other than the permitted accessory structure and deck or patio described above, the placing of materials such as mill felt, indoor-outdoor carpet or other items similar in nature that block or retard growth of natural vegetative cover and create impervious surface in a camp site is prohibited. However, materials such as those listed above are permitted if these materials are those utilized in creating the deck or patio area.
(8) The person or organization holding the permit for the campground or camping resort shall operate the camp in compliance with this Ordinance. Further, the permit holder shall provide adequate supervision to maintain the camp, its facilities, and equipment in good repair and in a clean and sanitary condition. The camp management shall notify camp occupants of all applicable provisions of this Ordinance and inform them of their duties and responsibilities under this Ordinance.
(9) Violations
of any provision of this Ordinance shall be the responsibility of the person or
organization holding the permit for the campground or camping resort.”
The Committee approved the addition of Sec. 6.09.4.b and to take out the quotation marks.
Ø Sec. 6.08.9 and Sec. 6.08.10 amended to show that 20 kilowatts is the difference between small and large solar.
9. Small Solar Energy System: An energy system <20 kilowatts that converts solar energy to usable thermal, mechanical, chemical, or electrical energy, where such solar energy system is accessory to the principal use of the land, e.g., solar panels providing energy for a residence on the same lot. This use shall meet the following performance standards:
a. Rooftop, ground-mounted, and building-mounted solar energy systems shall comply with the height limits and minimum required yards for principal structures.
b. The requirements of Wisconsin Statutes including, but not limited to, Sections 66.0401 and 66.0403, shall apply to all solar energy systems.
c. In the AE-FP zoning district, the Small Solar Energy System must meet the standards set forth in Section 6.10.6 for an Agricultural Accessory Use.
10. Large Solar Energy System: An energy system >20 kilowatts that converts solar energy to usable thermal, mechanical, chemical, or electrical energy, where such solar energy system is typically a principal use of the land and designed primarily to generate energy for commercial sale off site. This use shall meet the following performance standards:
a. Rooftop, ground-mounted, and building-mounted solar energy systems shall comply with the height limits and minimum required yards for principal structures.
b. The requirements of Wisconsin Statutes, including, but not limited to, Sections 66.0401 and 66.0403, shall apply to all solar energy systems.
The Committee agreed.
Ø Large solar added to Table 5 as permitted in RC-N, RC-G, PVRF, AE, AE-FP, AR AND AWT (Agriculture and Woodland Transition) District. The Committee also agreed.
Ø Sec. 6.05.7.a – Did not state “prohibited in SR - Sewered Residential zones”. The Committee agreed to add it.
Ø References to mobile home in Section 6.05.12 changed to manufactured home. The Committee approved.
Ø Sec. 6.09.4 : “tent”- add to definition in Campgrounds because tents are in campgrounds. The Committee agreed.
Ø Sec. 6.09.8 – Add to: Public Service and Utility: Land uses that include City, County, State and Federal facilities, except those otherwise defined in this Section, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities, and similar land uses. Existing facilities may be improved, expanded or replaced without the need of a conditional use permit, zone map amendment or variance provided that the expansion is limited to the existing parcel of record as of the adoption date of this ordinance and no setback encroachment extends any closer than any legally established existing encroachment. The Committee agreed.
Ø Sec. 11.05.5.b - In the track changes the 200 feet was not removed but should have been. The Committee agreed.
Ø 14.03.5.a.2 Exceptions is amended to:
(a) Accessory buildings less than one hundred twenty-five (125) square feet in floor area or less, provided that such buildings are outside of the Shoreland Zone and conform to all applicable zoning district, minimum required yard setbacks, and other standards of this Zoning Ordinance.
(b) Agricultural structures that are not for human habitation, not permanently affixed to the ground, less than one hundred twenty-five (125) square feet, and readily removable in their entirety, provided that such structures are located outside of the Shoreland Zone (e.g., calf hutches, chicken tractors).
(c) Above ground swimming pools that are erected seasonally and do not have accessory decking.
(d) Hot tubs
(e) Retaining walls located outside the jurisdiction of Chapter 32 Shoreland Zoning Ordinance.
(f) Signs, however, must comply with applicable regulations.
The Committee decided to delete hot tubs from this exception section.
Ø Should spas and hot tubs remain in the definition of structures? Currently are removed from definition. “Structure: Anything constructed, erected, or placed on a property that has shape, form and utility and which is temporarily or permanently attached to or resting on or in the ground, riverbed or lakebed. The term “structure” includes, but is not limited to buildings, mobile homes, vehicles and trailers not in use for transportation purposes, above ground storage tanks, patios, decks, gazebos, above and below ground swimming pools, satellite dishes larger than one (1) meter in diameter, retaining walls, solid fences, towers. The term does not include filling or grading.” The Committee decided not to have them in that definition.
Ø Former Sec. 14.04.3.c.9 removed: “Variances shall not permit a lower degree of flood protection than a point two (2) feet above the regional flood or be contrary to State laws or Administrative Code.” The Committee decided to leave that former section removed.
Ø Mike Orr brought up situations where farmers are renting out their barns for commercial storage without going through the Conditional Use Permit process and the Committee felt that they should be able to continue doing this.
7. The Committee continued their review of the proposed amendments to the Waupaca County Subdivision Ordinance.
Sec. 1.06 Add the second paragraph so it is consistent with the Zoning Ordinance.
If any section, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
If any application of this Ordinance to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.
Zoning regulations adopted by Waupaca County, which incorporate by reference Wisconsin State Statute, also include existing or future amendments. This Ordinance shall be deemed to be in strict conformity, and not contrary to or inconsistent with such chapters or rules as the result of statutory amendments.
The Committee agreed with this addition.
Sec. 3.09 Jail time for penalties: Jeff Siewert says we do not have a debtor’s prison. The judges refuse to order jail time for minor offenses. This was a decision made by the judges. The Committee decided to have the office check this again and come back to the Planning & Zoning Committee with their findings.
Sec. 7.01 Certified Survey Map – General Requirements: Add “lot size within a Certified Survey Map not allowed to exceed one quarter quarter”. The Committee approved this addition.
The Committee decided to recommend these proposed revisions go to public hearing before the Planning & Zoning Committee on Thursday, January 10, 2013.
8. Adjourn
At 7:55 p.m., Mike Orr motioned to adjourn the meeting. The motion was seconded by Pat Craig. Motion carried unanimously.