Deb Grube Walworth County Land Use and Resource Management

Transcription

1 Deb Grube Walworth County Land Use and Resource Management

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3 County Zoning Contacts: Deb Grube (262) Board of Adjustment, Mobile Towers Darien, Sharon, Walworth Nick Sigmund (262) Linn, Lafayette, Spring Prairie, Geneva, Lyons, Troy, Bloomfield Shoreland Darrin Schwanke (262) Delavan, Whitewater, LaGrange, East Troy, Richmond, Sugar Creek

4 What is Zoning? Wisconsin State Statute requires Counties to effect the purposes of Wisconsin State Statute (Navigable Waters Protection Law) and to promote the public health, safety and general welfare by adopting zoning regulations for the protection of all shorelands in unincorporated areas that meet shoreland zoning standards promulgated by the DNR. (NR-115)

5 NR 115 adopted new shoreland standards on February 1, 2010 but, Walworth County has until 2016 (tentative) to adopt all of the new shoreland zoning regulations Walworth County did adopt some of the new NR115 regulations walkways to the shore was 48 wide now 60 shoreyard averaging- was property within 100 and never closer than 40 average now residences within 250 and never closer than 30 average

6 Why the delay on NR115? DNR is re-reviewing impervious surface standards. Impervious surfaces may include driveways, parking lots, sidewalks, retaining walls, rooftops, etc. DNR had public hearings in September and is currently compiling comments from the public hearings. DNR is re-reviewing mitigations standards.

7 Zoning General Rule #1 Shoreland Zoning applies to lands within 1000 feet of the ordinary high water mark of navigable lakes, ponds and flowages, and Lands within 300 feet from the high water elevation of navigable, or To the landward side of the floodplain, whichever is greater.

8 Zoning - GENERAL RULE #2 The shoreyard setback is established to preserve the natural shoreline beauty and to minimize erosion, sedimentation and impairment of fish and wildlife habitat. ANYTHING proposed within 75 of the shore is regulated. Anything within 75 of the shore will require some kind of permit.

9 Zoning - GENERAL RULE #3 Hardscapes are not Landscaping Patios - Decks Fountains/Waterfalls - Gazebo Swimming pools/spa - walkway Retaining walls - Stairway They are structures and structures are NOT generally permitted within 75 of the shore Any structure that pre-dates the ordinance is subject to review by the zoning office.

10 Common Misconceptions I bought it that way - it must be legal. If the neighbor has one, it must be legal. If the structure is temporary, or moveable I won t need a permit I just replaced what was there. I had a DNR permit for rip rap, so all of THIS shore work is included

11 VEGETATION REMOVAL No Touch within 35 of shore except: Dead, diseased or dying file an exemption form Selective removal of invasive species vegetation removal permit & conservation plan View/access corridor Vegetation removal permit & conservation plan

12 This is not trimming

13 VIEW/ACCESS CORRIDOR Corridor shall not exceed 40 in width or 30% of the lot width on lots 200 wide or less (in 30 increments for every 100 ). On lots over 200 in width, shall not exceed 20% of lot (in 30 increments for every 100 ) Existing structures determine location Stairway, boathouse, pier, etc.

14 Shoreyard Mitigation

15 Stairway/Access to shore One direct access to the shoreline (per 100 of shoreline) is permitted IF it is necessary due to steep slopes or wet unstable soils and is located in view/access corridor. Shall be installed with minimal earth disturbance & vegetation removal. Shall be limited to 60 in width and open railings only for safety purposes. Landings of 25 sq. ft. necessary for safety

16 Not steep Not wet Not allowed

17 Geneva Lake - path Ordinance permits a public shore path parallel to the shore of Geneva Lake within the pre-1974 pedestrian easement - Needs county permits - located with minimal land disturbance - 36 width maximum - must be pervious

18 Projects can still protect wetland

19 Handicap Access in the Shoreyard The Board of Adjustment (public hearing) may grant permission to construct a deck, patio, walkway or second access to a pier in a location that would not otherwise be permitted provided: Request is by disabled person who resides on parcel Must show that a structure with smaller dimensions would not be adequate to allow the disabled person access to the residence or pier. Permit is temporary and is permitted as long as the disabled person resides on the parcel Shall be removed not more than 30 days after disabled person vacates the parcel.

20 Prescribed Burns Only permitted on parcels with more than 150 linear feet of shoreline with a plan approved by the Land Conservation Division and Only if the project can not be accomplished by selective removal of exotic, invasive, or damaged vegetation.

21 Boathouse Shall not extend below high water mark. Shall not be located on slopes of 12 percent or greater Shall be located so as to minimize land disturbing activity and vegetation removal Shall be designed EXCLUSIVELY for the storage of watercraft equipment Shall not be used for human habitation

22 RETAINING WALLS Retaining walls for the purpose of creating level living space is not permitted. Grading to create retaining walls is not permitted unless there is an erosion problem that can be proven to the Land Conservation Division. Resloping to correct an erosion problem may be permitted by LCC instead of retaining walls.

23 Level living space-not permitted

24 GRADE CHANGES (excavate/fill) Grade changes within 75 of the shore are limited to MINIMAL changes (6 or less) with permit review and approval. Grading to create level living area in the shoreyard is not permitted. Fill to create level living area in the shoreyard is not permitted.

25 Grading to create a walkout basement is not permitted in the shoreyard

26 The painful fix (with variances)

27 Filling to create a sand beach is not permitted.

28 Patio within 75 of shore Not permitted

29 Pool, spa, waterfall within 75 of the shore... Not permitted

30 It s just a... Is not permitted

31 Follow the permit as approved The zoning permit is not a guide. What is issued on the permit is what is to be built Call our office with any proposed changes Violations are subject to citations of $663 per day/ per violation.

32 It is imperative that you follow the approved permit... Before After

33 VARIANCES... The Board of Adjustment must determine whether a hardship unique to the property has been demonstrated and whether the relief requested is consistent with the public interest such that the variance should be granted, or whether a variance would subvert the purpose of the zoning restriction to such an extent that it must be denied. (Ziervogel/McGinnity v Washington Co. BOA )

34 VARIANCE CRITERIA Unique property limitations: steep slopes, drainage or waterways, wetlands, soil types, densely wooded areas, etc. Hardship: Will compliance with strict letter of ordinance unreasonably prevent owner from using the property for a permitted purpose. A Hardship cannot be self created. Absence of Detriment: Will granting the variance be contrary to public interest.

35 And SHORELAND CRITERIA Will granting the variance protect the public s interest in navigable waters, including and promoting safe and healthful water conditions, controlling pollution, and protecting fish and aquatic life and naturel shoreline beauty. (Wis. Stats (1))

36 CHANGES Substandard Lots Act 170 in conjunction with NR115 effective April 17, 2012 A legally created lot or parcel that met minimum area and width requirements when created, but does not meet current lot size requirements, may be used as a building site if all the following apply:

37 Substandard lots.... #1 The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel. This requires staff to review permits, surveys, deeds, and other legal documents.

38 Substandard lots.... #2 The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. Were there permits using all the lots for proposed construction? Do the aerials show a structure across property lines without a permit?

39 Substandard lot... #3 The substandard lot or parcel is developed to comply with all other ordinance requirements. Requires the review of setback requirements, road frontage requirements, etc.

40 CHANGES Mobile Towers Act 20 Effective June 30, 2013 Telecommunication towers are now permitted in all zoning districts New Telecommunication towers no longer require a conditional use hearing

41 Thank you! Use us as a resource. Call our office for assistance Use the website: Departments Land Use and Resource Mgt County Ordinances Chapter 74 GIS Interactive Mapping (Training Provided) Violations are subject to citations Citations can be issued at $663/day/violation

42 County Zoning Contacts: Deb Grube (262) Board of Adjustment, Mobile Towers, Ordinance amendments Darien, Sharon, and Walworth Nick Sigmund (262) Linn, Lafayette, Spring Prairie, Geneva, Lyons, Troy, and Bloomfield (shoreland) Darrin Schwanke (262) Delavan, Whitewater, LaGrange, East Troy, Richmond, and Sugar Creek