HomeMy WebLinkAbout01. 14-466
OCTOBER 28, 2014 14-466 ORDINANCE
FIRST READING
(CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE AMENDMENT TO ZONING ORDINANCE TO
CREATE SECTION 30-51 ESTABLISHING A SHORELAND
OVERLAY DISTRICT
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE ZONING
ORDINANCE TO CREATE SHORELAND OVERLAY DISTRICT STANDARDS
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30-51 Shoreland Overlay District is hereby created to
read as follows:
(See the attached “Exhibit A”)
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #14-XXX APPROVE AMENDMENT TO ZONING ORDINANCE TO
CREATE SECTION 30-51 ESTABLISHING A SHORELAND OVERLAY DISTRICT on
November 11, 2014. The full text of the Ordinance may be obtained at the Office of the
City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's
phone: (920) 236-5011.
EXHIBIT A
SECTION 30-51 SHORELAND OVERLAY DISTRICT
SECTION 30-51.1 STATUTORY AUTHORIZATION AND STATEMENT OF
PURPOSE
(A) Statutory Authorization
This ordinance is adopted pursuant to the authorization in Wis. Stat. sec. 62.23
and 62.233.
(B) Purpose
Uncontrolled use of shorelands and pollution of the navigable waters of the City
of Oshkosh may adversely affect the public health, safety, convenience, and
general welfare and impair the tax base. The Legislature of Wisconsin has
delegated responsibility to all municipalities to:
(1) Promote the public health, safety, convenience and general welfare.
(2) Limit certain land use activities detrimental to shorelands.
(3) Preserve shore cover and natural beauty by controlling the location of
structures in shoreland areas and restricting the removal of natural
shoreland vegetation.
SECTION 30-51.2 DEFINITIONS
For the purpose of this ordinance:
(A) "Structure" means anything constructed or erected, the use of which requires
permanent or temporary location on the ground including but not limited to any
building, signage, deck, patio, driveway, parking facility, fence, retaining wall, or
other improvement. A structure also includes any permanent or temporary
appurtenance attached thereto.
(B) "Principal Structure" means the main building or structure on a lot or parcel of
land intended for the property's primary use, as permitted by the regulations of
the zoning district in which it is located. Principal structures include any
attachments including but not limited to garage(s), porches and decks.
(C) "Accessory Structure" means an uninhabited structure on the same property as a
principal structure, not attached to the principal structure, the use of which is
incidental to and customary in conjunction with the use of the principal structure.
Accessory structures include but are not limited to outbuildings, signage, decks
and patios which are not open on all sides (have side walls or screens),
driveways, parking facilities, or other similar improvements as determined by the
Director of Community Development.
(D) "Boathouse" means any permanent accessory structure designed for the
purpose of protecting or storing boats and/or related equipment for
noncommercial purposes.
Shoreland Overlay Zoning 1 10/8/2014
(E) "Subordinate Structure" means an uninhabited structure on the same property as
a principal structure, not attached to the principal structure, the use of which is
incidental to and customary in conjunction with the use of the principal structure
of the property and is primarily a recreational, landscape or access feature.
Subordinate structures include but are not limited to at-grade patios & decks
which are open on all sides (no side walls or screens), fencing and retaining
walls, landscape features (such as planting beds, flag poles, bird feeders, etc.),
outdoor recreational equipment (such as pools, play sets, fire pits, etc.),
temporary fixtures (not permanently affixed to the ground that are in place less
than 90 calendar days per year), and similar improvements as determined by the
Director of Community Development.
(F) "Shoreland" has the meaning given in Wis. Stat. sec. 59.692(1)(b): the area
within the following distances from the ordinary high-water mark of navigable
waters:
(1) One thousand feet from a lake, pond or flowage. If the navigable water is
a glacial pothole lake, this distance shall be measured from the high-water
mark of the lake or to the landward side of the floodplain, whichever
distance is greater.
(2) Three hundred feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
(G) "Shoreland Setback Area" has the meaning given in Wis. Stat. sec.
59.692(1)(bn): an area in a shoreland that is within a certain distance of the
ordinary high-water mark in which the construction or placement of structures
has been limited or prohibited under an ordinance enacted under this section.
SECTION 30-51.3 USES
(A) Permitted Uses
(1) Uses permitted within the underlying zoning district for which the
Shoreland Overlay District is located.
(B) Conditional Uses
(1) Uses permited by conditional use permit within the underlying zoning
district for which the Shoreland Overlay District is located.
(2) Roads, paths and trails.
(3) Filling, grading, fagooning, dredging, ditching and excavating except as
provided below:
(a) Only filling, grading, lagooning, dredging, ditching and excavating
may be permitted by administrative approval if done to minimize
erosion, sedimentation and impairment of fish and wildlife habitat
as determined by the City of Oshkosh.
(b) Filling or grading may be permitted by administrative approval
where the fill area is less than 50% of the square footage of the lot
provided the following are met:
Shoreland Overlay Zoning 2 10/8/2014
(i) Maximum height, as measured from the existing ground
elevation at the point of placement, is limited to 3 feet.
Limited areas of bank stabilization, backfilling behind rip rap,
"pothole filling" or similar measures may exceed this height
limitation.
(ii) Surface water runoff after fill does not adversely affect
upstream or downstream properties.
(iii) Fill is setback one foot from the property line, unless both
properties are being filled at the same time.
(c) Dredging, ditching or excavating that does not adversely affect
drainage either upstream or downstream and disposition of
materials is in compliance with section (b) above.
SECTION 30-51.4 GENERAL PROVISIONS
(A) Compliance
The use of land within the shoreland area of the City of Oshkosh shall be in full
compliance with terms of this ordinance and other applicable local, state and
federal regulations. All permitted development shall require the approval of a
zoning site plan review, unless otherwise expressly excluded by a provision in
this ordinance.
(B) Municipalities and State Aqencies 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 if Wis. Stat. sec. 13.48(13) applies.
(C) Abrogation and Greater Restrictions
(1) This ordinance supersedes all the provisions of any other applicable
municipal ordinance except that where another ordinance is more
restrictive, that ordinance shall continue in full force and effect to the
extent of the greater restrictions, but not otherwise.
(2) This ordinance is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants, or easements. However, where this
ordinance imposes greater restrictions, the provisions of this ordinance
shall prevail.
(D) Interpretation
In their interpretation and application, the provisions of this ordinance shall be
held to be minimum requirements and shall be liberally construed in favor of the
City of Oshkosh and shall not be deemed a limitation or repeal of any other
powers granted by the Wisconsin Statutes or Wisconsin Constitution.
Shoreland Overlay Zoning 3 10/8/2014
(E) Severabilitv
Should any portion of this ordinance be declared invalid or unconstitutional by a
court of competent jurisdiction, the remainder of this ordinance shall not be
affected.
(F) Applicabilitv of Shoreland District Requlations
The Shoreland Overlay District regulations apply only to the following
shorelands:
(1) A shoreland that was annexed by the City of Oshkosh after May 7, 1982,
and that prior to annexation was subject to a county shoreland zoning
ordinance under Wis. Stat. sec. 59.692.
(G) District Boundaries
The Shoreland District areas regulated by this ordinance shall include all the
lands (referred to herein as shorelands) in the City of Oshkosh that are:
(1) Within 1,000 feet of the ordinary highwater mark of navigable lakes,
ponds or flowages. Lakes, ponds or flowages shall be presumed to be
navigable if they are listed in the Wisconsin Department of Natural
Resources Surface Water Data viewer available on the DNR website, or
are shown on United States Geological Survey quadrangle maps or other
zoning base maps.
(2) Within 300 feet of the ordinary highwater mark of navigable rivers or
streams, or to the landward side of the floodplain, whichever distance is
greater. Rivers and streams shall be presumed to be navigable if they are
designated as continuous waterways or intermittent waterways on United
States Geological Survey quadrangle maps. Flood hazard boundary
maps, flood insurance rate maps, flood boundary-floodway maps, soil
survey maps or other existing floodplain zoning maps shall be used to
delineate floodplain areas.
(3) Determinations of navigability and ordinary highwater mark location shall
initially be made by the Zoning Administrator. When questions arise, the
Zoning Administrator shall contact the appropriate district office of the
Wisconsin Department of Natural Resources for a final determination of
navigability and/or ordinary highwater mark.
(4) Pursuant to Wis. Stat. sec. 61.353(7) or 62.233, the Shoreland Zoning
District does not include lands adjacent to an artificially constructed
drainage ditch, pond, or retention basin if the drainage ditch, pond or
retention basin is not hydrologically connected to a natural navigable
water body.
(H) Effect of Existinq Land Division, Sanitary, Zoning and Other Requlations
The lands within the Shoreland Zoning District are subject to all applicable
provisions of the City of Oshkosh Municipal Code. Where the provisions of this
ordinance are more restrictive than other regulations in the Municipal Code, the
provisions of this ordinance shall apply.
Shoreland Overlay Zoning 4 10/8/2014
SECTION 30-51.5 SETBACKS FROM THE ORDINARY HIGH WATER MARK
(A) Setbacks for Structures (other than Boathouses and Subordinate Structures)
(1) All structures, except boathouses and subordinate structures shail be set
back at least 50 feet from the ordinary high-water mark.
(2) Adjustment of Shore Yards. A setback greater or less than 50 feet may
be required or allowed, if the following apply:
(a) The principal structure is constructed on a lot or parcel immediately
adjacent on each side by a lot or parcel containing a principal
structure.
(b) The principal structure must be constructed a distance greater than
or equal to the average setback of the principal buildings on the
adjacent lots, however:
(i) In no case shall the setback be reduced to a distance less
than 35 feet from the ordinary high-water mark.
(ii) In no case shall the setback be required to be a distance
greater than 75 feet from the ordinary high-water mark.
NO GREATER THAN 75'
REQUIRED
AVERAG
SETBACK
NO LESS THAN 35' eo�
ALLOWED ��
50'
SHORELINE/
ORDINARY HIGH
WATER MARK
(B) Boathouses
(1) Boathouses, accessory to permitted and conditional uses may be located
within the shoreyard, but:
(a) Shall not be closer than 3 feet to the ordinary high water mark of a
stream, lake, river, pond, or wetland and no closer than 3 feet to
any side lot line
(b) Shall not exceed 1 boathouse per shoreyard lot
(c) Shall not exceed 500 square feet in horizontal area covered
(d) Shall be constructed in such a manner as to orient the main
opening of the boathouse toward the body of water and shall be
used strictly for the storage of boats and/or water-related
recreational accessories. The use of a boathouse for human
habitation is prohibited. No plumbing, heating or cooking facilities
may be provided in or for a boathouse.
(e) Shall not be located in the vegetative buffer zone regulated in sec.
30-51.6.
Shoreland Overlay Zoning 5 10/8/2014
(C) Subordinate Structures
(1) Stairs, ramps and walkways, sized at the minimum necessary for
accessibility, are permitted within the shoreland setback when leading in a
direct manner to the waterline or a water dependent use such as a dock,
pier or boathouse.
(2) A reduced setback of 35 feet may be provided for subordinate structures,
if:
(a) The area for all such structures totals no more than 200 square
feet
(b) A vegetative buffer is maintained and/or established per Section
30-51.6 below.
SECTION 30-51.6 VEGETATIVE BUFFER ZONE
Pursuant to Wis. Stat. sec. 62.233, a landowner must maintain a vegetative buffer
zone, as follows:
(A) A person who owns shoreland property that contains vegetation must maintain
that vegetation in a vegetative buffer zone along the entire shoreline of the
property extending 35 feet inland from the ordinary high-water mark of the
navigable water, except as provided in sub. B or C below.
(B) If the vegetation in a vegetative buffer zone contains invasive species or dead or
diseased vegetation, the owner of the shoreland property shall remove the
invasive, dead or diseased vegetation and replace it with suitable native
shoreland vegetation, as determined by the Director of Community Development.
(C) A person who is required to maintain or establish a vegetative buffer zone may
remove the vegetation in a part of that zone in
order to establish a viewing or access corridor that '
is no greater than 30 feet wide for every 100 feet of
shoreline frontage and extends no more than 35 � �� ?
feet inland from the ordinary high-water mark (see
�
fi ure . Such viewin or access corridor shall not
9 ) 9
__ ._.. ._.._ .
be located within 10 feet of a side property line.
Said vegetative buffer shall include native plant
materials approved by the Director of Community ,�
Development, with the intent of: �
(1) Reducing the flow of effluent, sediments, � �
and nutrients from the shoreland to the m v
water surface. N ��!��l ;,',,� /��;%�; 2
(2) Preventing or abating soil erosion. �� ° ` `` ` ` ' ` � ` ° " "
4 q V G 5 C O 9 L 4 y
(3) Preserving natural beauty and animal °� ���`�y Yewing/ ���gs�sw� v=
iO a e°�°c°: AccesS �°o8uffgf�°� ,��
° o°�Q�@°a°i COrridor c°a��a' �a
habitat. a Vp9�qpC�KK tCC�O 9 C� VJ
(4) Providing substantial visual screening of 3�
structures from the water. ' t00feetShorelandfrontaae
Shoreland Overlay Zoning 6 10/8/2014
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O.IHK 1H
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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: October 23, 2014
RE: Approve Amendment to Chapter 30 Zoning Ordinance to Create Shoreland
Overlay District (Plan Commission Recommends Approval)
BACKGROUND
Wisconsin State Statutes direct counties to zone all shoreland areas within their jurisdictions
in order to effect the purposes of Wis. Stat. sec. 281.3: Navigable Water Protection Law and
to promote the public health, safety and general welfare. These shoreland zoning
requirements apply to incorporated areas as well as any shoreland areas annexed by the City
of Oshkosh after May 7, 1982. Winnebago County has a Shoreland Zoning District within
their Zoning Ordinance under Chapter 27 — more specifically regulated in section 27.5:
Shoreland District Development Standards (see attached), which the City of Oshkosh
administers and enforces because it does not have its own Shoreland Zoning Ordinance. On
December 14, 2013 the State of Wisconsin enacted 2013 Wisconsin Act 80, which allows
incorporated areas (including cities) to enact a shoreland zoning ordinance of their own
based on the minimum standards established by Act 80.
ANALYSIS
The proposed Shoreland Overlay District was drafted primarily based on a model shoreland
code created by the League of Municipalities (with consultation from the Department of
Natural Resources) and designed for implementing the requirements of Act 80. Additionally,
the proposed ordinance incorporates most of the current Winnebago County Shoreland
District regulations. The proposed Overlay District consists of the following six sections:
Authorization and Purpose Statement, Definitions, Uses, General Provisions, Setbacks, and
Vegetative Buffer. The proposed Shoreland Overlay District is similar to the county's current
ordinance with two substantial differences. The definition of structures has been altered to
include a new definition for subordinate structures that are of a recreational, landscape or
access nature such as patios, stairs, fences and flag poles and the proposed ordinance
would allow such structures to be located closer to the ordinary high water mark than is
otherwise permitted. The primary difference is the required setbacks from the ordinary high
water mark which the County's Shoreland District contains a setback of a minimum of 75 feet.
A provision of Act 80 allows cities to reduce this requirement to permit structures to be a
minimum of 50 feet from the ordinary high water mark and subordinate structures to be 35
feet allowing additional area of shoreland lots to be utilized. A provision is also included for
infill lots reducing the setback based on the location of an adjacent lot's principal structure
creating a "line-up" form along the shoreland. The line-up does not permit one structure to
encroach significantly more into the shoreland area than its neighboring structure and
incorporating some symmetry into neighborhood form.
Adoption of the proposed Shoreland Overlay District is advantageous as it will allow more lot
area to be utilized by reducing shoreland setbacks and be more apparent and accessible by
eliminating the need to reference source regulations of other jurisdictions.
FISCAL IMPACT
None anticipated but may open up areas for more development based on the reduced
setback to the high watermark from 75 to 50 feet.
RECOMMENDATION
The Plan Commission approved of this request at its October 7, 2014 meeting.
Approved,
� -����._.,�C�e��,�L—`_
City Manager
ITEM: TEXT AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING A
SHORELAND OVERLAY DISTRICT
Plan Commission meeting of October 7, 2014
GENERAL INFORMATION
Applicant: Department of Community Development
Actions Requested:
The City of Oshkosh Department of Community Development requests review and approval of the
creation of Oshkosh Zoning Ordinance Section 30-51, establishing a Shoreland Overlay District.
Applicable Ordinance Provisions:
The Zoning Ordinance, Section 30-8, establishes the ability of the Common Council, on its own
motion or on petition after first submitting the proposal to the City Plan Commission, to amend,
supplement or change Zoning District boundaries or regulations of the Zoning Ordinance.
BACKGROUND INFORMATION
Wisconsin State Statutes direct counties to zone all shoreland areas within their jurisdictions in
order to effect the purposes of Wis. Stat. sec. 2813: Navigable Water Protection Law and to
promote the public health, safety and general welfare. These shoreland zoning requirements apply
to incorporated areas as well as any shoreland areas annexed by the City of Oshkosh after May 7,
1982. Winnebago County has a Shoreland Zoning District within their Zoning Ordinance under
Chapter 27—more specifically regulated in section 27.5: Shoreland District Development
Standards (see attached), which the City of Oshkosh has and is currently administering and
enforcing. On December 14, 2013 the State of Wisconsin enacted 2013 Wisconsin Act 80, which
allows incorporated areas (including cities) to enact a shoreland zoning ordinance of their own,
with slight variation to the requirements imposed on shoreland regulations of counties and
unincorporated areas.
ANALYSIS
2013 Wisconsin Act 80 allows the city to adopt its own shoreland zoning regulations but retains
minimum requirements that are very similar to those currently contained within County
requirements.
The proposed Shoreland Overlay District was drafted primarily based on a model shoreland code
created by the League of Municipalities (with consultation from the Department of Natural
Resources) and designed for implementing the requirements of Act 80. Additionally, the proposed
ordinance incorporates most of the current Winnebago County Shareland District regulations. The
proposed Overlay District consists of the following six sections:
Code Title Purpose/Content
Section
30-51.1 Authorization and references Wisconsin State Statute and gives reasons for the
Purpose establishment of the code
Statement
30-51.2 Definitions defines items relative to the overlay including structures,
principal structures, accessory structures, subordinate
structures, shoreland, and shoreland setback areas
30.51.3 Uses defines permitted and conditional uses within the overlay area
30.51.4 General discusses compliance, restrictiveness, interpretation,
Provisions applicability and defines district boundaries
30.51.5 Setbacks regulates distances structures may be placed from the ordinary
high water mark of a shoreland area including principal
structures, accessory structures, boathouses and other
subordinate structures
30-51.6 Vegetative Buffer defines vegetation required to be maintained and/or established
along the shoreland and allowable areas for clearing
The definition of a shoreland is not changed from the current regulation and has the meaning given
in Wis. Stat. sec. 59.692(1)(b): the area within 1,000 feet from a navigable lake,pond, flowage or
to the landward side of a floodplain and 300 feet from a river or stream or to the landward side of
the floodplain. It is important to point out that the current county regulations and proposed city
regulations associated with shorelands only apply to shoreland areas that were annexed by the City
of Oshkosh after May 7, 1982, and that prior to annexation was subject to a county shoreland
zoning ordinance. Those areas incorporated prior to May 7, 1982 are and would not be regulated
by the current or proposed code.
As the proposed Shoreland Overlay District is extremely similar to the county's current regulation,
this staff report will focus on the two substantial differences between them.
Definition of Structures
The proposed city regulations include definitions for structures, shoreland, and shoreland setback
areas. These are common definitions and are included as part of the existing zoning ordinance and
county regulations (directly or within the overall code), however a new definition for Subordinate
Structure has been included in the proposed ordinance to differentiate structures that are incidental
to and customary with principal uses and are of a recreational, landscape or access nature such as
patios, stairs, fences, and flag poles. This differentiation is important because it is the intent of the
proposed ordinance to allow such subordinate structures to be located closer to the ordinary high
water mark than is otherwise permitted for structures.
Setbacks from the Ordinary High Watermark
The primary difference between the draft Shoreland Overlay District and the current county
Shoreland District is the required setbacks from the ordinary high water mark. Current regulations
require all structures (other than boathouses)to be setback a minimum of 75 feet from the ordinary
high water mark. A provision of Act 80 allows cities to reduce this requirement and permit
Item-Text Amendment Shoreland Overlay 2
structures to be a minimum of 50 feet from the ordinary high water mark, allowing additional area
of shoreland lots to be utilized. Additionally, an exception is included that authorizes construction
of principal buildings within the 50 foot setback if land immediately adjacent on each side also has
a principal building, in which case the principal structure can be placed a distance greater than or
equal to the average setback of the principal buildings on the adjacent lots or 35 feet from the
ordinary high-water mark, whichever distance is greater. Subordinate structures, as described
above, also receive a reduced setback in the draft code allowing stairs, ramps and walkways within
the shoreland setback when leading directly to the waterline or a water dependent use such as a
dock, pier or boathouse as well as reducing the 50 foot setback to 35 feet for a limited amount of
subordinate structure area covered as long as a vegetative buffer is maintained in the remaining 15
feet.
Staff feels that legislation of 2013 Wisconsin Act 80 is of great benefit to owners of shoreland
properties within the city as it allows more lot area to be utilized by reducing shoreland setbacks
from 75 to 50 feet and allows a shoreland setback"line-up"provision far infill lots and reduces
setback regulations to be 35 instead of 75 feet for common subordinate structures that are of a
recreational, landscape, access or temporary nature. Additionally, it is generally advantageous to
contain these regulations within the city's municipal code as the city is required to administer and
enforce substantially the same regulations but the inclusion of the Shoreland Overlay within the
Oshkosh Zoning Ordinance makes it more apparent and more easily accessible to city residents
and others developing within the city by removing the need to reference source regulations of
other jurisdictions.
RECOMMENDATION
Staff recommends that the Plan Commission recommend that Section 30-51: Shoreland Overlay
District be established within the Oshkosh Zoning Code-Chapter 30.
The Plan Commission approved of the establishment of Section 30-51: Shoreland Overlay District
within the Oshkosh Zoning Code-Chapter 30 as requested. The following is the Plan
Commission's discussion on this item.
Mr. Buck presented the item and discussed the creation of a City Shoreland Overlay District as
reviewed in a previous Plan Commission workshop and discussed background information relating
to this issue. He explained that the City currently enforces the Winnebago County ordinance
which applies to any shoreland areas annexed by the City of Oshkosh after May 7, 1982. He stated
that the Wisconsin Act 80 was enacted in December of 2013 giving the City the ability to enact an
ordinance of their own and provided a model ordinance to work with. He reviewed the
Winnebago County current code and also a map depicting the areas that would be affected. He
reviewed the proposed City draft ordinance and reviewed the definitions contained in it and stated
that the most significant change would be the setback from the ordinary high water mark. He
reviewed the most significant changes to the County's code which are setback changes for
structures, setbacks specific to boathouses, and new regulations far subordinate structures and
provided a description of what would be considered a subordinate structure. He further discussed
this issue with a property owner who has a shoreland home where all the houses are built with a 75
foot setback from the shoreland. After this discussion, he was proposing an alteration to the draft
ordinance that was sent out that would require a"line-up"provision which would require the
setback for infill lots to match the adjoining lots structures even if further back than the minimum
Item-Text Amendment Shoreland Overlay 3
50 feet established. This alteration would be added to the proposed ordinance if the Plan
Commission found it to be agreeable. He displayed a graphic of this concept depicting the effect it
would have to further clarify the alteration. He explained that the rest of the proposed City code is
identical to the Winnebago County ordinance but the adoption of a City ardinance would be
beneficial as it would allow more of shoreland lots to be utilized and the "line up"provision would
alleviate issues with previously built structures. He also explained that having a City ordinance
would be more user friendly as it would be more apparent and accessible to city residents.
Mr. Nollenberger inquired why the ordinance would not be regulated by the current or proposed
code if annexed prior to 1982.
Mr. Buck responded that he believed that was when the Wisconsin Department of Natural
Resources established the setback ordinance.
Mr. Burich added that many of the lots in shoreland areas were already developed when the
setback was established.
Mr. Buck stated that many lots that are smaller in size would be undevelopable with a 75 foot
setback from the high water mark.
Mr. Cummings asked for clarification of what a boathouse would be considered.
Mr. Buck responded that it would be to store the resident's boat only and would not be a
standalone structure for other purposes.
Mr. Cummings commented about the small amount of vacant land that is green areas along the
shoreland.
Mr. Buck indicated that this ordinance would address new development as well as redevelopment
of parcels in shoreland areas that would have to comply with the setback regulations.
Mr. Cummings also discussed the amount of vegetation growth coming in along the shoreland and
how that was to be handled.
Mr. Buck replied that property owners would have to remove dead or invasive species but could
not remove shoreland native plants.
Mr. Thoms commented that from his research to rebuild a structure you must keep the existing
foundation if you want to rebuild on that same footprint within the same setback and that you
cannot remove any plantings that are living. He further stated that Winnebago County was
considering changing the vegetative buffer regulations at some point in the future.
Mr. Buck indicated that he discussed the vegetative buffer guidelines with both Winnebago
County and the WDNR and some of these details are not defined in their code for that reason.
Mr. Thoms discussed the "line-up"provision and asked for further definition of how this would
apply with homes that are set back further than 75 feet from the shoreland with large lots.
Item-Text Amendment Shoreland Overlay 4
Mr. Buck responded that infill structures would have to adhere to the "line-up"provision however
this provision would not apply if the adjacent structures possessed more than a 75 foot setback. He
further stated that the Board of Appeals could address specific cases that could not meet the
setback requirements due to a hardship through a variance request.
Ms. Propp commented that from the map provided, it does not appear that there was very much
area this ordinance would effect.
Mr. Buck explained the areas on the map that would be affected which would include annexations
and attachments of properties currently out of the city limits that may become part of the city in
future years.
Mr. Gray inquired if this ordinance would require changing the City's official zoning maps.
Mr. Buck responded negatively and stated that this overlay district would be applied over the top
of the current City zoning map.
Ms. Propp left at 5:10 pm.
Mr. Gray questioned some of the language in several sections of the proposed ordinance.
Mr. Buck explained the reasons for the way the language was drafted.
Mr. Gray then questioned the allowance of temporary structures for 90 calendar days and how that
would be enfarced.
Mr. Buck responded that temporary structures are allowed by the issuance of a temparary use
permit which allows the use for only the dates specified on the application which is monitored by
staff.
Mr. Gray also commented on the definition of shoreland in sections of the proposed ordinance as
he felt it was confusing and should be modified to be more consistent and clarified with
terminology prior to this item being forwarded to the Common Council.
Mr. Thoms questioned how this would affect man-made navigable waterways such as detention
basins.
Mr. Buck responded that it would not have an effect on detention basins unless they are connected
to a navigable waterway.
Mr. Thoms discussed this issue and if it would create problems with man-made lakes or ponds in
regards to having to adhere to a setback from these areas. He also had concerns with detention
basins being created in the community.
Mr. Gohde commented that in the Southwest Industrial Park there will be a detention basin
adjacent to Sawyer Greek.
Item-Text Amendment Shoreland Overlay 5
Mr. Buc:k stated that navigable lakes, ponds and other bodies of water will be listed in the
WDNR's records and the proposed ordinance would have a 50 foot setback from these and any
man-ma.de features if created after the adoption of this ordinance however the previous setback
was 75 �Feet. He further stated that it should be considered when creating these aspects within a
development.
Mr. Gray questioned if this proposed ordinance has been discussed with the public.
Mr. Buc;k responded that it was discussed with staff only as the setback issues are already in place
and this ordinance will be beneficial as far as allowing a smaller setback from the shoreland than
what currently exists.
Tom Zillges, 3815 Shorebird Court, stated that he has a vacant lot next to his property and his
home is built with a 75 foot setback from the shoreland. He had concerns with someone being
able to build a home with a reduced setback than his home as he paid $100,000 for his lot and a
home closer to the shore would be impeding his view of the lake. He further stated that he was
satisfied�with the "line-up"provision for setbacks that was proposed to be added to the ordinance
as that vvould address his concerns with having a home built on this lot closer to the lake than his
own.
11�Iotion by Vajgrt to approve the creation of Oshkosh Zoning Ordinance Section 30-51
E�stablishing a Shoreland Overlay District.
:�econded by Nollenberger. Motion carried 7-0.
Item-Tezt�imendment Shoretand Overlay 6
WINNEB�GO COUNTY CODE SHORELAND OVERLAY DISTRICT
27.5 DEWELOPMENT STANDARDS
27.5-1 Principal, Accessorv, and Temporary Uses in Shoreland District
(1) iLand uses in the various land use zoning districts shall comply with the applicable
sections of Chapter 23 (Town/County Zoning Code) of the General Code of Winnebago County
and this section and Section 27.5-8, which relates to the shoreland-wetland overlay district.
27.;i-2 Basic District Standards .
(1) 'The standards of the underlying district shall apply. However, compliance with
Chapter NR 115, Wis. Admin. Code, requires that no new lot (sewered or unsewered) shall
have les,� than a 75-foot setback from the ordinary high-water mark.
(2) In addition to all other applicable use, site, or sanitary regulations, the following
restrictions and regulations shall apply to shorelands.
�(a) Tree cutting and shrubbery clearing are prohibited except for home and park site
developrnent, access roads, path and trail construction, timberstand improvement, customary
trimming, and dead tree removal provided that in a strip 35 feet inland from the ordinary high-
water m��rk no more than 30 feet in any 100 feet shall be clear cut.
;b) In other areas, tree and shrub cutting shall be governed by consideration of the
effect on water quality and shall be in accordance with accepted management practices.
(3) ,A permit for a structure within the shoreland district setback may be granted if all the
following apply. For the purposes of this subsection, the term structure includes (a) structure
as definE�d in the General Definition section; (b) structure as defined in Chapter 26 (Floodplain
Zoning C;ode) of the General Code of Winnebago County; (c) at-grade patios or decks, parking
lots, and driveways; and (d) stairs and walkways where pedestrian access to a pier is being
provided and there is no steep slope, or rocky, wet, or unstable soil.
(a) The part of the structure closest to the ordinary high-water mark is located at least
35 feet I��ndward of the ordinary high-water mark.
�(b) The total floor area of all the structures existing and proposed in or extending into
the shorE� yard setback area shall not exceed 200 square feet. The calculation of existing
square fc�otage shall include sfiructures, or portions thereof, previously allowed by variance.
The squ��re footage of boathouses, piers, and wharves shall be excluded.
�;c) The structure has no sides, or has open or screened sides.
�;d) The structure or the use of the structure must not be prohibited by other zoning .
regulations (e.g. floodplain or wetland regulations).
i;e) A vegetative buffer zone is established in accordance with Section 27.5-3.
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27.5-3 Veqetative Buffer
(1) The shore yard setback for the purpose of this section shall be 75 feet from the
ordinary high-water mark or a lesser setback approved by setback averaging, variance, or is a
pre-existing nonconforming setback.
(2) The owner must submit a plan that will be implemented by the owner of the property to
establish, preserve, enhance, and/or restore a vegetative buffer zone that covers at least 70
percent of the half of the shore yard setback area that is closest to the ordinary high-water
mark. The plan must be approved by the zoning administrator, and said approval may contain
conditions of approval necessary to achieve the intent of this subsection.
(3) In order for fhe plan to be approved, it must be binding on the owner and the owner's
heirs, successors, and assignees, and must authorize entrance onto the property by zoning
staff for inspections to assure compliance with the plan. The agreement shall be written and
recordable on forms provided by the zoning administrator and recorded in the Office of the
Register of Deeds for Winnebago County.
(4) The agreement shall also specify that failure to comply with the plan and/or
subsequent removal of vegetation from the vegetative buffer zone will cause the zoning
administrator to revoke the permit for the structure and order the removal of any structure
previously allowed thereby.
(5) The agreement shall further state that removal of the permitted structure will not
relinquish the recorded agreement or permit the removal, destruction, degradation, and/or
reduction in size of the vegetative buffer.
(6) A plan to establish, preserve, enhance, and/or restore a vegetative buffer zone shall,
at a minimum, contain:
(a) a description of how the owner intends to carry out the project, including methods,
materials, and equipment to be used; �
(b) a proposed schedule and sequence of work activities;
(c) the names, descriptions, and densities of native species to be utilized in the
restoration work, including ground cover, shrubs, and tree layers;
(d) a description of the site before the project begins and a description of the proposed
site once the buffer is completed; and
(e) the erosion control measures that will be used during construction of the permitted
structure and vegetative buffer zone to control sediment and runoff, and protect water quality.
(7) A plan to establish, preserve, enhance, and/or restore an existing native vegetative
buffer zone shall, at a minimum, contain:
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$
(a) a description of how the owner intends to maintain the buffer including any"no-
mow" plans;
(b) a listing by type and quantity of supplemental plantings of native species;
(c) removal of non-native species (e.g. purple loosestrife); and
(d) the erosion control measures that will be used during construction of the permitted
structure and any disturbance in the vegetative buffer zone due to planting or removal of non-
natives to control sediment and runoff, and to protect water quality.
(8) The plan must be implemented, the vegetative buffer must be planted, and the
vegetation must be in a viable growing condition for at least one growing season before a
permit to build a structure is granted.
27.5-4 Conditional Uses
(1) All conditional uses specified in the underlying district. .
(2) Roads (except roads used primarily for agricultural purposes, path and trail
development, and all other cutting and trimming).
(3) Filling, grading, lagooning, dredging, ditching, and ex�avating except as provided in
(d) below.
(a) Only filling, grading, lagooning, dredging, ditchir�g, or excavating that is done in a
manner designed to minimize erosion, sedimentation, and impairment c#fish and wildlife
habitat may be permitted in the shoreland area.
(b) Filling, grading, lagooning, dredging, ditching, or excavating in a shoreland-wetland
district may be permitted only if the requirements of Section 27.5-8 (Shoreland-wetland district)
are met. �
(c) A state or federal permit may be required, in addition to a permit under this
Chapter, if state or federal laws are applicable to the filling, grading, lagooning, dredging,
ditching, or excavating that is proposed.
(d) The following activities shall be allowed by zoning permit with drainage plan
approval:
1. Fillmg or grading (fill), where the fill area is less than 50 percent of the square
footage of the lot, provided the following criteria are set.
a. Maximum height limited to one-half the allowable fence height. Depth of fill
shall be measured from the existing ground elevation at the point of
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placement of the fill. Limited areas of bank stabilization, backfilling behind
rip rap, "pothole filling," or similar measures may exceed this height.
b. Surface water runoff after fill does not adversely affect upstream,
downstream, or adjacent properties.
c. Fill is kept a minimum of one (1) foot off of the property line unless both
properties are being filled and drainage concerns are met.
Conditions addressing height, fill area, slope, erosion control measures,
drainage requirements, or similar concerns may be required as conditions of
permit or drainage plan approval.
2. Dredging, ditching, or excavating (hereinafter ditching) where the ditching does
not adversely affect either upstream or downstream drainage, or drainage onto
adjacent properties, and dispositions of spoils material is in compliance with
subparagraph (d)1. of this section.
a. Areas of fill 4 inches or less may be done on a one-time basis, except not in
the floodway or in a wetland, without a permit provided that drainage is not
adversely affected.
b. Fill requirements: In all instances wt�ere fill is placed by permit, the fill shall
consist of the following types of material on�y: clean soil, brick, building
stone, concrete, reinforced concrete, and broken concrete pavement,
provided, however, that asphalt pavement or products shall not be allowed.
27.5-5 Buildinq, Site, and Operational Plans
(1) Where stream and water projects, including rip-rapping and cleaning of existing
ditches, have been reviewed and approved by the Department of Natural Resources, the Army
Corps of Engineers, andfor the Winnebago County Land & Water�Conservation Department, or
where managed timber harvesting falls under a State District Forester's Plan, approval shall be
based upon plans and/or permits authorized by said agency(ies) of jurisdiction.
27.5-6 Notice and Decisions
(1) Pending Applications: Written notice shall be given to the appropriate regional office
of the Department of Natural Resources at least 10 days prior to hearings on proposed
shoreland variances, conditional uses, administrative appeals for map or text interpretations,
and amendments to this chapter (text and map).
(2) Decisions: Copies of decisions on shoreland variances, conditional uses, appeals for
map or text interpretations, and map or text amendments shall be submitted to the appropriate
regional office of the Department of Natural Resources within 10 days after they are granted or
denied.
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27.5-7 Nonconforminq Uses and Structures
(1) Nonconforming uses and structures shall comply with the provisions in Chapter 26
(Floodplain Zoning Code) of the General Code for Winnebago County relating to
nonconforming uses and structures.
27.5-8 Shoreland-Wetland District
(1) The following are permitted without the issuance of a zoning permit, provided there is
no filling, flooding, draining, dredging, ditching, tiling, or excavating:
(a) hiking, fishing, trapping, hunting, swimming, and boating;
(b) harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree
fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such
crops;
(c) pasturing of livestock;
(d) cultivation of agricultural crops;
(e) silvicultural practices, incfuding planting, thinning, and harvesting timber; and
(fl construction or maintenance of duck blinds.
(2) The following are permitted without the issuance of a zoning permit and may include
limited filling, flooding, draining, dredging, ditching, tiling, or excavating, but only to the extent
specified:
(a) temporary water level stabilization measures necessary to alleviate abnormally wet
or dry conditions thatwould have an adverse impact on silvicultural activities if not corrected;
(b) cultivation of cranberries including flooding, dike and dam construction or ditching
necessary for the growing and harvesting of cranberries,
(c) maintenance and repair of existing agricultural drainage systems including ditching,
tiling, dredging, excavating, and filling necessary to maintain the level of drainage required to
continue the existing agricultural use and the placement of dredged spoil adjacent to the
drainage system, provided the dredged spoil is placed on existing spoil banks where possible;
(d) construction or maintenance of fences for the pasturing of livestock, including
limited excavating and filling necessary for such construction or maintenance;
(e) construction or maintenance of piers, docks, or walkways built on pilings, including
limited excavating and filling necessary for such construction and maintenance; and
- 27-18
� �
(fl maintenance, repair, replacement or reconstruction of existing town and county
highways and bridges, including limited excavating and filling necessary for such maintenance,
repair, replacement, or reconstruction.
(3) The following are permitted with the issuance of a zoning permit and may include
limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent
specified:
(a) The construction and maintenance of roads which are necessary to conduct
silvicultural activities or agricultural cultivation, provided (1) the road cannot as a practical
matter be located outside the wetland; (2) the road is designed and constructed to minimize
adverse impact upon the natural functions of the wetland; (3) the road is designed and
constructed with the minimum cross-sectional area practical to serve the intended use; and (4)
road construction activities are only carried out in the immediate area of the roadbed.
(b) The construction or maintenance of nonresidential buildings, provided (1) the
building is essential for and used solely in conjunction with the raising of waterfowl, minnows,
or other wetland or aquatic animals; or some other use permitted in the shoreland-wetland
district; (2) the building cannot, as a practical matter, be located outside the wetland; (3) such
building is not designed for human habitation and does not exceed 500 square feet in floor
area; and (4) there is only limited filling or excavating necessary to provide structural support
for the building.
(c) The establishment of public and private parks and recreation areas, natural and
outdoor education areas, his#oric and scientific areas, wildlife refuges, game bird and animal
farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access
roads, provided that (1) any private development is used exclusively for the permitted use and
the applicant has received a permit or license under Chapter 29, Wis. Stats., where applicable;
(2) filling or excavating necessary for the construction or maintenance of public boat launching
ramps or attendant access roads is allowed only where such construction or maintenance
meets the criteria in Section 27.1-11; (3) ditching, excavating, dredging, ordike and dam
construction in public and private parks and recreation areas, natural and outdoor education
areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal
farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to
otherwise enhance wetland values.
(d) The construction or maintenance of electric, gas, telephone, water, and sewer
transmission and distribution facilities, by public utilities and cooperative associations
organized for the purpose of producing or furnishing heat, light, power, or water to their
members and the construction or maintenance of railroad lines provided (1) the transmission
and distribution facilities and railroad lines cannot, as a practical matter, be located outside the
wetland; and (2) such construction or maintenance is done in a manner designed to minimize
adverse impact upon the natural functions of the wetland.
27-19
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