GOVERNMENTAL BODY:       WAUPACA COUNTY SHORELAND ZONING ADVISORY COMMITTEE MEETING

DATE:                                            TUESDAY, FEBRUARY 26, 2013

PLACE:                                          ROOM LOWER LEVEL 42, COURTHOUSE

                                                         811 HARDING ST., WAUPACA, WI

TIME:                                             2:00 P.M.

 

MEETING MINUTES

 

OPEN SESSION

 

1.                  Call Meeting To Order

 

Chair Dennis Kussmann called the meeting to order at 2:00 p.m. 

 

2.                  Roll Call

 

Shoreland Zoning Advisory Committee Members Present:  Joe Udoni (Realtor), Chris Klein (Little Hope Millpond/Town of Dayton), Bruce Golding (Little Hope Millpond/Town of Dayton), Kay Ellis (Chain O’Lakes Property Owners Association), Richard Mann (Lake Leader Representative), Tom O’Day (Waupaca & Wolf River), TJ Tooley (Pigeon Lake), Bob Van Epps (Lake Leader Representative/Weyauwega Lake), Dennis Kussmann (County Board/Planning & Zoning Committee), John Penney (County Board/Planning & Zoning Committee), Bob Ellis (County Board/Planning & Zoning Committee), Patricia Craig (County Board/Board of Adjustment/South Branch of the Little Wolf River), James Loughrin (County Board/Board of Adjustment) and Dennis Timm (Landscaper/Waupaca River).

 

Shoreland Zoning Advisory Committee Members Excused:  Bob Underberg (Chain O’Lakes Property Owners Association), Terry Martin (Architect) and Terry Murphy (Iola Lake District/County Board/Planning & Zoning Committee).

 

Others present:  Bob Steidl (Realtor).

 

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

 

John Penney motioned to approve the agenda as presented.  The motion was seconded by Bob Ellis.  Motion carried unanimously. 

 

5.                  The Committee continued their review of the proposed amendments to the Waupaca County Shoreland Zoning Ordinance.

 

1.33 (1) Separating conflicting land uses.  Do not delete this.

1.33 (5) Regulating side yards.  Do not delete this portion of the sentence.

1.33 (6) Setting minimum roadway setbacks. Add this.

 

Add the following section:

2.4?     Special Sign Provisions and Standards for Shorelands

All signs within three hundred (300) feet of navigable waters shall not be erected to a height greater than twenty-five (25) feet, and shall be subject to the following conditions for location, size and use:                                                                                                                                               

   1.      Signs established for any use must be located at the building setback line or at seventy-five (75) feet from the ordinary high water mark, whichever distance is greater.

         2.      Residential identification, no trespass or hunting, river directional, and temporary for sale or for rent signs shall not exceed six (6) square feet in gross area nor be erected to a height greater than eight (8) feet.        

         3.      For commercial services, public facilities, resorts, marinas, boat liveries, bait shops or other uses that provide public docking facilities: 

a.   No more than two (2) signs may be attached to a dock or docks, and each sign shall not exceed six (6) square feet in gross area and shall not be erected to a height greater than eight (8) feet.

b.      No signs except those forming a part of gas pumps, which are intended to be    read from the water, shall be internally illuminated.

c.   One sign may be attached to the principal or accessory building and have a gross area not to exceed sixteen (16) square feet and not erected to a height greater than eight (8) feet.   

d.   All signs attached to a principal or an accessory building that are intended to be read from the landward side shall be erected as to not be visible from the water. 

 

3.22 (5)  There was a question on view corridor being 100 feet?

 

4.21 (3)   (exclusive of overhangs that extend 2 feet or less from the structure where the shoreline setback is not more restrictive), Remove this.

 

4.21 (3), 4.22 (1) & 4.23 (1) “which may includes a roof overhang…”  Make this change to all these sections.

 

4.22 (1)  Rear yards shall be measured from all points along a common lot line to the nearest point of a building or structure, which may include a roof overhang (exclusive of overhangs that extend 2 feet or less from the structure where the shoreline setback is not more restrictive), (remove this portion) wing wall or deck. 

 

4.23 (1) Roadway setbacks shall be measured from all points along the right of way to the nearest point of a building or structure, which may include a roof overhang, (exclusive of overhangs that extend 2 feet or less from the structure where the shoreline setback is not more restrictive), (remove this portion) wing wall or deck.  Fences located with the roadway setback must be less than four feet in height.

 

4.23 (2) In each quadrant of every street intersection there shall be designated a visual clearance triangle bounded by the street centerlines and a line connecting them three hundred (300) feet from a Federal/State highway intersection, two hundred (200) feet from a County highway intersection, and one hundred fifty (150) feet from any other highway intersection. Within this triangle, no object or structure over two (2) feet in height above these streets shall be allowed if it obstructs the view across the triangle. Posts or open fences thirty percent (30%) solid and less than three (3) feet in height and natural vegetation and agricultural crops are excluded from this provision. Natural vegetation and agricultural crops shall also be exempt from this provision. This section was deleted.

 

 

Daytons language

 

2.5  MUNICIPALITIES AND STATE AGENCIES REGULATED.

Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits.  State agencies are required to comply when Wis. Stats. s. 13.48(13) applies.  The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Wis. Stats. s. 30.2022(1)12(4)(a), applies. Cities, villages, towns, and counties are exempt for the construction, reconstruction or maintenance of a public access approach, roadway, bridge, arch or culvert that is being carried out under the direction and supervision of a city, village, town or county, under Wis. Stats s. 30.123, s. 82.03(5), or s. 81.01.

 

4.23  Roadway Setbacks.

All structures shall be set back from public or private roadways as follows:

                              State     50 feet from road right-of-way

                              County  42 feet from road right-of-way

                              Other    30 feet from road right-of-way

Class A (State or Federal) highway setback shall be 110 feet from the centerline of the highway or 50 feet from the right-of-way line, whichever is greater.

Class B (County) highway setback shall be 75 feet from the centerline of the highway or 42 feet from the right-of-way line, whichever is greater.

Class C (all other) highway setback shall be 63 feet from the centerline of the highway or 30 feet from the right-of-way line, whichever is greater.

Where the road right-of-way is not marked by monuments on the property, its location shall be established by survey, properly monumented and recorded.

 

4.23(2)  (ref WCZO 34. 2.07) Visual Clearance

 

All structures shall be setback from the visual clearance triangle

 

1. All State and Federal Highways in the county are hereby designated Class A highways.

2. All County Trunk Highways not designated Class A are hereby designated Class B highways.

3. All other roads in the county are hereby designated Class C highways.

4. In each quadrant of every street intersection there shall be designated a visual clearance triangle bounded by the street centerlines and a line connecting them 300 feet from a Class A highway intersection, 200 feet from a Class B highway intersection, and 150 feet from a Class C highway intersection. Within this triangle, no object or structure over 2 feet in height above these streets shall be allowed if it obstructs the view across the triangle. Posts or open fences are excluded from this provision. Natural vegetation and agricultural crops shall also be exempt from this provision.

5. An exception to the dimensional requirements for the visual triangle shall be made in a registered and approved platted area where Class C roads only are involved. Here, the visual triangle shall be bounded by the street centerlines and a line connecting them, 126 feet from the intersection.

 

5.41  

The roadway setback for an undeveloped or redeveloped nonconforming lot may be reduced until a 30-foot deep building site is established provided:

 

1)       the resulting roadway setback is not less than 20 ft. may be reduced by 10’ (ten feet) from the roadway  setback right of way where the lot allows construction of a garage which faces the roadway;

2)       and not less than 10 ft. or the resulting roadway setback may be reduced by 20’ (twenty feet) from the roadway setback where the lot does not allow construction of a residence or garage which faces the roadway; 

3)       no parking area may be located in the reduced roadway setback road right of way area;

4)       state highways shall comply with the provisions of Trans 233, Wisconsin Administrative Code; and

 

4.5 ACCESSORY STRUCTURES

Add this section

5)  Accessory Structure:  Any detached private garage, carport, or utility shed on a residential lot that primarily accommodates the sheltered parking of a vehicle, the storage of residential maintenance equipment to serve the same lot or a contiguous lot, or a detached shelter such as a gazebo.  It also includes swimming pools, greenhouses, wind and solar energy systems for on-site residential use, and private kennels.  Attached garages, attached carports, and decks shall be considered part of the principal residential building, not an accessory structure. 

a.       If proposed to be constructed in advance of the principal building (dwelling) on the same lot, prohibited in Sewered Residential, SR, zones, the structure shall not exceed one thousand (1,000) square feet and shall be sited with relation to appropriate locations for a future dwelling, private well, and on-site waste treatment system, and driveway. 

b.      The structure shall not be used as a dwelling or for any commercial purposes, except as permitted in an approved home occupation.

 

5.21 (5)  “and Mississippi River”  Remove this portion.

 

6.                  Public Comment.  There was none.

 

The next meeting date will be Tuesday, March 12, 2013 at 2:00 p.m. in Room Lower Level 42 at the Courthouse.

 

7.                  Adjourn

 

At 4:00 p.m., Tom O’Day motioned to adjourn the meeting.  The motion was seconded by Bob Ellis.  Motion carried unanimously.