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January 30, 2015 - Notice of Public Hearing - Proposed Text Amendments - February 24, 2015

Notice is hereby given that the Oconto County Planning and Zoning Committee of the Oconto County Board of Supervisors will hold a public hearing on proposed text amendments to the Oconto County Zoning Ordinance on February 24, 2015 beginning at 10:15 AM at the Oconto County Courthouse, 301 Washington Street, Oconto, WI 54153 Conference Rm 1003. The changes to be considered are as follows:

When bold & underline print is used it indicates an addition to the ordinance. When strikethrough print is used it indicates a deletion from the ordinance.
14.303 Definitions
Building Envelope: The three dimensional space within which a structure is built.
Human Habitation: Means a human residence or dwelling. The use of a building or structure for overnight living or longer periods of occupation, and including the aggregate of normal occupancy activities such as lounging, cooking, eating, sleeping, bathing, sanitation, etc.
Mobile Service Facility: The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
Mobile Service Support Structure (Tower): A freestanding structure that is designed to support a mobile service facility.
14.402 Accessory and Appurtenant Structures
A lot that has a legal principal use housed within a principal structure shall be entitled to accessory and appurtenant structures, objects and uses as described below: Accessory structures which are customarily incidental to and compatible with permitted principal structures and uses shall be permitted subject to the district regulations and as described below:

1. Accessory structures shall not be permitted until its associated principal structure is present or under construction, except that one accessory storage building may be permitted prior to the erection of a principal structure, provided the following requirements are met:
a. The floor area of the accessory structure shall not exceed 720 square feet
b. Total height shall not exceed 14 ft measured from the grade elevation to the highest point on the roof
c. There shall be no skylights, patio doors or other glazing in the building
d. Not more than one overhead garage door and entrance door,
e. There shall be no water service, sanitary waste disposal connected to the accessory building
f. Accessory buildings located on any agricultural or forestry type zoning district used for general farm use shall be exempt from this standard.
g. Parcels less than 5 acres shall require a soil and site evaluation report be filed in the Oconto County Zoning Department defining an area to be preserved for a future POWTS sized for a typical 3 bedroom dwelling in compliance with Section 12.106 (3) of the Oconto County Sanitary Ordinance.
h. Parcel site plan shall show location of a compliant buildable area for a future principal structure and an interior floor plan of the accessory structure.

Renumbering Sec. 14.402 paragraphs 1 thru 7 to 1 thru 8 with the inclusion of paragraph 1 noted above.

2. Accessory sStructures that meet the following requirements are hereby permitted without the need for a land use permit issued from the Oconto County Zoning Department:
a. The structure must meet all requirements of the Oconto County Zoning Ordinance, including, but not limited to all setback requirements.
b. The structure must not exceed 80 sq. ft. in size.
c. The structure must not exceed 8 ft in height.

5. Accessory structures such as sheds, storage buildings, greenhouses, related facilities, pools and associated equipment, garages, well houses, pump houses and decks exceeding 2 feet above ground level may not be located within the front (road) setback, must comply with required maximum lot coverage standards and the following requirements:
a. Accessory structures shall not be designed for or used for human habitation, including but not limited to; lounging, cooking, eating, sleeping, bathing or any form of human habitation, occupancy or living purposes, even if on a temporary or incidental basis.
b. Accessory structures may be permitted to include plumbing and electricity for the purpose of a bathroom associated with a personal workshop.
c. Accessory structures in any residential zoning district shall not exceed one story or 18 feet measured from the grade elevation to the highest point on the roof unless a conditional use permit is approved by the Board of Adjustment.
d. Any accessory structure which include living quarters shall provide documentation that the construction is tied into the existing roofline and foundation of the principal structure or documentation by local building inspector that the design meets state uniform dwelling codes for adjoining to principal structure.
14.409 Permitted Obstructions in Required Yards or Setback Areas
Marquees, awnings, overhanging roof eaves, chimneys and similar architectural element of principal buildings or structures projecting not more than two (2) feet may extend into required yards or setback areas, except the shoreland setback as required by section 14.505 1.
14.421 Utilities
1. This section applies to:
a. Electrical power generation facilities serving more than merely the site on which they are located; and
b. Electrical transmission facilities; and
c. Natural gas storage and transmission facilities; and
d. Telephone lines and related facilities; and
e. Telegraph lines and related facilities; and
f. Cable T.V. lines and related facilities; and
g. Communication towers and relay facilities.
h. Public water and sewer lines and related facilities.

4. Power generating and communication facilities & towers are conditional uses in all districts. The board shall apply the standards of section 14.421 (3). in reviewing applications.
14.429 Livestock
Raising or maintaining animals shall be allowed in permitted districts in Oconto County as follows except as noted in sub 4:
4. Domesticated Chickens/Ducks
a. Purpose and Intent
It is the purpose of this section to provide standards for the keeping of domesticated chickens/ducks. It is intended to enable residents to keep a small number of chickens/ducks on a non-commercial basis.
b. Definitions
1. Chicken – The common fowl (Gallus gallus) especially when young; also - its flesh used as food.
2. Pen – shall mean a wire enclosure connected to a coop for the purpose of allowing chickens/ducks to leave the coop while remaining in an enclosed, predator-safe environment.
3. Duck – Any of various swimming birds (family Anatidae, the duck family) in which the neck and legs are short, the feet typically webbed, the bill often broad and flat, and the sexes usually different from each other in plumage.
4. Coop – shall mean a structure for the sheltering of chickens/ducks. An existing shed or garage can be used for this purpose if it meets the standards contained in this section including the required setbacks from property lines.
c. Number and Type of Chickens/Ducks Allowed
1. The maximum number of chickens and/or ducks allowed is eight (8) per compliant lot.
2. Only female chickens are allowed, no roosters. Male or female ducks are allowed. There is no restriction on chicken or duck species.
d. Coop and Pen Construction
The chickens/ducks shall be provided with a covered coop and attached pen. Chickens/ducks shall not be allowed out of the coop or pen.
e. Location
1. Chicken/duck coops and pens shall not be located closer than fifty (50) feet to any lot line.
2. Chicken/duck coops and pens shall not be located closer than seventy-five (75) feet from the ordinary high water mark (OHWM) of any lake, river or stream.
3. Chicken coops and pens, pursuant to this section are allowed by permit in the R-1 Residential Single Family District.
4. Minimum lot size is 1.0 acres.
f. Conditions of permit
1. All food supplies shall be kept in a secure and rodent-proof container.
2. Coops and runs shall be kept clean, dry and in sanitary condition at all times in such a manner as to not disturb the use or enjoyment of adjoining property due to noise, odor or any other adverse impact.
3. The outdoor slaughtering of chickens/ducks is prohibited on residential property.
4. Rental property requires owner written consent to raise domesticated chickens/ducks.
5. Raising of chickens/ducks is prohibited inside of residence.
6. Permit is contingent upon a review process that includes informing all adjacent neighbors of the proposal. If 50% or more of neighbors object, the application will be denied.
14.432 Mobile Tower Siting
1. Application – New Mobile Service Support Structure (Tower) and Mobile Service Facilities
a. A Mobile Service Support Structure and Mobile Service Facility is permitted within any zoning district per WI Statute 66.0404 subject only to obtaining a land use permit for the siting and construction of a new mobile service support structure and mobile service facilities.
b. A written permit application must be completed by any applicant and submitted to the Zoning Administrator. The application must contain the following information:
1. The name and business address of, and the contact individual for, the applicant.
2. The location of the proposed or affected support structure.
3. The location of the proposed mobile service facility.
4. Proof a physical address has been issued for the support structure
5. Copy of easement or agreement with landowner if the support structure is not owned by the company.
6. Must be located outside of the airport height district (three mile radius from Oconto Municipal Airport) or obtain an Airport Height Zoning Permit pursuant to Section 14.2300 Airport Height Limitation District.
7. A construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure or proposed modifications to an existing structure.
8. To construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within a two (2) mile radius would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

c. If an applicant submits to the county an application for a permit to engage in an activity described in this ordinance, which contains all of the information required under this section, the county shall consider the application complete. If the county does not believe that the application is complete the county shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

d. Within 90 days of its receipt of a complete application, the county shall complete all of the following or the applicant may consider the application approved, except that the applicant and the county may agree in writing to an extension of the 90 day period:
1. Review the application to determine whether it complies with all applicable aspects of the political subdivision’s building code and, subject to the limitations in this section, zoning ordinances.
2. Make a final decision whether to approve or disapprove the application.
3. Notify the applicant, in writing, of its final decision.
4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
e. The county may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant’s search ring and provide the sworn statement described under paragraph 14.432(1)(b)(8).

2. Application –Class 1: Collocation on existing support structures without substantial modification
a. A written and signed affidavit from an engineer submitted to the department stating the following;
1. Number of antennas to be added and the total number of antennas.
2. That the structure can support the amount of antennas and equipment.
3. That the frequencies will not interfere with existing antennas on the tower.

3. Application –Class 2: Collocation on existing support structures with substantial modification
a. A land use permit for the substantial modification.
b. A written and signed affidavit from an engineer submitted to the department stating the following;
1. Number of antennas to be added and the total number of antennas.
2. Total height of the structure.
3. That the structure can support the amount of antennas and equipment.
4. That the frequencies will not interfere with existing antennas on the tower.
c. Tower is located outside of the airport height district (3 mile radius from Oconto County Municipal Airport) or verifies the structure’s height conforms to the requirements of Section 14.2300 Airport Height Limitation District.

For the purpose of this section “Substantial Modification” means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
1. For structures with an overall height of 200 ft or less, increases the overall height of the structure by more than 20 ft.
2. For structures with an overall height greater than 200 ft., increases the overall height of the structure by 10 percent or more.
3. Measured at the level of the appurtenance added to the structure as a result of the modification, increase the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
4. Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

4. Height, yard & other requirements.
a. Height: Must meet the terms of Section 14.2300 Airport Height Limitation District if within 3 miles of the Oconto Municipal Airport.
b. Side Yards. Minimum width of any side yard shall be 10 feet from the guy wires or tower whichever is closer to the lot line. If an applicant provides the county with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required that shall be used unless the county provides the applicant with substantial evidence that the engineering certification is flawed.
c. Rear Yard. Minimum depth of any rear yard shall be 50 feet from the guy wires or tower whichever is closer to the lot line. If an applicant provides the county with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required that shall be used unless the county provides the applicant with substantial evidence that the engineering certification is flawed.
d. Road Setbacks. See 14.410 (1).
e. Vision Clearance Triangle. See 14.410(2).
f. Water Setbacks. See 14.505.

5. Exemptions. The following are exempt from this Ordinance
a. Structures for the support of television antennas and other receive-only antennas. The antenna use shall constitute ancillary or secondary use, not primary use, of the property.
b. Structures for the support of amateur radio antennas that are owned and/or operated by a federally licensed amateur radio operator, provided that the antenna use constitutes ancillary or secondary use, not primary use, of the property.
c. Structures for the support of mobile antennas for services providing public information coverage of news events or of a temporary or emergency nature.
d. Telecommunications towers mounted on buildings that do not exceed 25 feet above the highest part of the building to which they are attached.
e. Public safety towers owned and operated by federal, state, county, or other local municipal governments.
f. Wireless internet service provider towers mounted on the ground that do not exceed 125 feet in height and which have a base which can be encompassed within a circle of 2-foot radius, excluding guy wires and associated anchors.
g. Wireless internet service provider towers mounted on structures that do not exceed 25 feet above the highest part of the structure to which they are attached.
14.510 Non-Conforming Structures in the Shoreland Zone
1. Maintenance of Nonconforming Principal Structure
An existing principal structure that was lawfully placed when constructed but that does not comply with the required ordinary high water mark setback per s. 14.505 may be maintained and repaired within its existing building envelope. Maintenance and repair also includes such activities as interior remodeling, exterior remodeling and the replacement or enhancement of plumbing or electrical systems, insulation, windows, doors, siding, or roof within the existing building envelope.
2. Vertical & Limited Lateral Expansion of Nonconforming Principal Structure
An existing principal structure that was lawfully placed when constructed but that does not comply with the required ordinary high water mark setback per s. 14.505 may be expanded vertically or laterally, provided that all of the following requirements are met:


(4) Lateral expansion is limited to a maximum of 200 sq ft over the life of the structure. No portion of the expansion may be any closer to the ordinary high water mark than the closest point of the existing principal structure.

Amend Sections 14.702, 14.802, 14.1202
Municipal Parks

Amend Sections 14.703, 14.803 and Add to Section 14.1203

Private Parks
14.3106 Court Review
Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board of or bureau of the county may , within 30 days after the filing of the decision in the office of the Board, commence an action seeking the remedy available by certiorari, as provided by 59.694 (10) and 801.02(5), Wis. Stats. present to a court of record, a petition, duly verified, setting forth that such decision is illegal, in whole or part, specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the filing of the decision of the Board of Adjustment.
14.3107 Certiorari
Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment, and shall prescribe therein the time within which a return thereto must be made. The allowance of the writ The court shall not stay proceedings upon the decision appealed form, but the court may, on application on with notice to the Board and on due cause shown, grant a restraining order.
14.3108 Return Writ
The Board of Adjustment shall not be required to return the original papers acted upon it, but it shall be sufficient to return certified or sworn copies thereof. or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and materials to show the grounds of the decision appealed from and shall be verified.
14.3109 Court Decision
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

This hearing is open to the public. All interested parties are invited to attend. Notice is further given that a copy of the proposed amendments to the ordinance will be on file and open for inspection in the office of the Zoning Administrator for a period of at least two weeks prior to the public hearing.

Dated this 28th day of January, 2015.

THE OCONTO COUNTY PLANNING & ZONING COMMITTEE OF THE OCONTO COUNTY BOARD OF SUPERVISORS

By: Patrick Virtues
Oconto County Planning & Zoning Administrator