NR 118.04(4)(b) (b) The rural residential management zone is established in all of the following locations:
NR 118.04(4)(b)1. 1. In an area bounded on the north by the Arcola High Bridge and on the south by the north boundary of sections 13 and 14, Township 29 North, Range 20 West in North Hudson.
NR 118.04(4)(b)2. 2. In an area bounded on the north by the south corporate limit of the city of Hudson, as it existed on June 1, 2004, to the north boundary of Kinnickinnic state park.
NR 118.04(4)(b)3. 3. In an area bounded on the north by the south boundary of Kinnickinnic state park and on the south by the north city limits of Prescott as they existed on January 1, 1976.
NR 118.04(5) (5)Conservation.
NR 118.04(5)(a)(a) The conservation management zone is primarily natural and mostly wooded, with some single-family residential uses. Shoreline areas are natural and do not contain residential lawns.
NR 118.04(5)(b) (b) The conservation management zone is established in both of the following locations:
NR 118.04(5)(b)1. 1. In an area bounded on the north by the south boundary of Wisconsin Interstate state park and on the south by the north village limits of Osceola as they existed on January 1, 1976.
NR 118.04(5)(b)2. 2. In an area bounded on the north by the south village limits of Osceola as they existed on January 1, 1976, and on the south by the Arcola High Bridge.
NR 118.04 History History: CR 03-054: cr. Register October 2004 No. 586, eff. 11-1-04; CR 05-084: am. (1) (b) (intro.) and (3) (b) 1. and 2., cr. (1) (b) 3. and 4., Register June 2006 No. 606, eff. 7-1-06.
NR 118.05 NR 118.05Land uses and structures in the Lower St. Croix river district.
NR 118.05(1) (1)Permitted uses and structures.
NR 118.05(1)(a)(a) All management zones.
NR 118.05(1)(a)1.1. `Permitted uses.' The following uses are allowed in all management zones if the standards in s. NR 118.06 are met:
NR 118.05(1)(a)1.a. a. Single-family residential and accessory uses.
NR 118.05(1)(a)1.b. b. Conservancy.
NR 118.05(1)(a)1.c. c. Forestry.
NR 118.05(1)(a)1.d. d. Agriculture.
NR 118.05(1)(a)1.e. e. Public parks, areas devoted to natural resource management and interpretation, waysides, rest areas, information areas and scenic overlooks.
NR 118.05(1)(a)1.f. f. Filling and grading outside of slope preservation zones.
NR 118.05(1)(a)2. 2. `Permitted structures.' The following structures are allowed in all management zones if the standards in s. NR 118.06 are met:
NR 118.05(1)(a)2.a. a. Single-family residences and accessory structures.
NR 118.05(1)(a)2.b. b. Piers or wharves that have required state and federal permits or that meet statutory criteria or administrative rule standards and do not require a state or federal permit.
NR 118.05(1)(a)2.d. d. Structural erosion control measures constructed outside of slope preservation zones. Rock rip-rap may be allowed within a slope preservation zone and in the ordinary high water mark setback area if the local zoning authority determines that rip-rap is necessary to prevent erosion in flood-prone areas, and either a state permit is granted for the rip-rap or statutory criteria or administrative rule standards are met and a state permit is not required for the rip-rap.
NR 118.05(1)(b) (b) River town management zone. In the river town management zone, other uses and structures that are allowed by the local unit of government's underlying zoning ordinance may be allowed as permitted uses and structures provided that the permitted uses and structures are listed in the local zoning ordinance with standards for those uses and structures that satisfy all of the following criteria:
NR 118.05(1)(b)1. 1. Protect the natural and scenic qualities of the Lower St. Croix riverway.
NR 118.05(1)(b)2. 2. Protect public health and safety.
NR 118.05(1)(b)3. 3. Prevent erosion and water pollution.
NR 118.05(2) (2)Conditional uses.
NR 118.05(2)(a)(a) All management zones. The following uses and structures are conditionally permitted uses in all management zones. Conditional use permits for these uses and structures shall comply with the applicable requirements in ss. NR 118.06 and 118.07.
NR 118.05(2)(a)1. 1. Land divisions.
NR 118.05(2)(a)2. 2. Planned cluster developments for single-family residences.
NR 118.05(2)(a)3. 3. Transmission services.
NR 118.05(2)(a)4. 4. Wireless communication service facilities.
NR 118.05(2)(a)5. 5. Filling and grading within slope preservation zones.
NR 118.05(2)(a)6. 6. Structural erosion control measures constructed in slope preservation zones.
NR 118.05(2)(a)7. 7. Stairways.
NR 118.05(2)(a)9. 9. Public roads and private roads serving 2 or more properties or single-family residences.
NR 118.05(2)(a)10. 10. Bed and breakfast operations.
NR 118.05(2)(a)11. 11. Home occupations.
NR 118.05(2)(a)12. 12. Nature-oriented educational, non-profit facilities.
NR 118.05(2)(b) (b) River town, small town and small town historic management zones. In the river town management zone, small town management zone and small town historic management zone, other uses and structures that are listed as conditional uses or special exceptions in the local unit of government's underlying zoning ordinance may be allowed as conditional uses provided that they are listed in the local unit of government's riverway ordinance with standards for those conditional uses that satisfy all of the following criteria:
NR 118.05(2)(b)1. 1. Protect the natural and scenic qualities of the Lower St. Croix riverway.
NR 118.05(2)(b)2. 2. Protect public health and safety.
NR 118.05(2)(b)3. 3. Prevent erosion and water pollution.
NR 118.05(3) (3)Prohibited uses. All uses and structures not listed as permitted or conditional shall be prohibited.
NR 118.05 History History: Cr. Register, June, 1980, No. 294, eff. 7-1-80; am. Register, February, 1984, No. 338, eff. 3-1-84; am. (2) (a) (intro.) and 5., (b) (intro.) and (c) (intro.), Register, August, 1986, No. 368, eff. 9-1-86; CR 03-054: r. and recr. Register October 2004 No. 586, eff. 11-1-04.
NR 118.06 NR 118.06General provisions.
NR 118.06(1) (1)Dimensional and other standards.
NR 118.06(1)(a)(a) Minimum lot size. The minimum lot size for parcels that are allowed to be used as building sites in each management zone shall be as follows:
NR 118.06(1)(a)1. 1. In the river town, small town and small town historic management zones, the minimum lot size shall be established in the local riverway ordinance.
NR 118.06(1)(a)2. 2. In the rural residential and conservation management zones, the minimum lot size shall meet the following standards:
NR 118.06(1)(a)2.a. a. The minimum lot size shall have at least one acre of net project area.
NR 118.06(1)(a)2.b. b. If the lot is not served by a public sewage system or community sewage collection and treatment services, the lot shall have adequate room for one single-family residence and 2 private on-site wastewater treatment systems.
NR 118.06(1)(b) (b) Density standard. In the rural residential and conservation management zones, there may not be more than one single-family residence on each lot.
NR 118.06(1)(c) (c) Minimum lot width. The minimum lot width shall apply at the building line and at the side of the lot nearest the river. The minimum lot width for each management zone shall be as follows:
NR 118.06(1)(c)1. 1. In the river town and small town management zones, the minimum lot width shall be established by local ordinance.
NR 118.06(1)(c)2. 2. In the small town historic management zone, the minimum lot width shall be 100 feet.
NR 118.06(1)(c)3. 3. In the rural residential management zone, the minimum lot width shall be 200 feet.
NR 118.06(1)(c)4. 4. In the conservation management zone, the minimum lot width shall be 250 feet.
NR 118.06(1)(d) (d) Maximum structure height. The maximum structure height shall be measured between the average ground elevation and the uppermost point of the structure excluding chimneys. The maximum structure height for each management zone shall be as follows:
NR 118.06(1)(d)1. 1. In the river town management zone, the maximum structure height shall be 45 feet except for wireless communication service facilities which meet the requirements of s. NR 118.07 (4) (c) and (d).
NR 118.06(1)(d)2. 2. In the small town, small town historic and rural residential management zones, the maximum structure height shall be 35 feet except for wireless communication service facilities in the rural residential management zone which meet the height requirements of s. NR 118.07 (4) (c), (d) and (e).
NR 118.06(1)(d)3. 3. In the conservation management zone, the maximum structure height shall be 25 feet except for wireless communication service facilities which are subject to the height requirement of s. NR 118.07 (4) (c) and (e).
NR 118.06(1)(e) (e) Ordinary high water mark setback. Except as provided in par. (g), the ordinary high water mark setback shall be measured on a horizontal plane from the point of the structure that is nearest the ordinary high water mark, including roof overhangs and any cantilevered portions of the structure. The ordinary high water mark setback for each management zone shall be as follows:
NR 118.06(1)(e)1. 1. In the river town, small town and small town historic management zones, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 100 feet from the ordinary high water mark.
NR 118.06(1)(e)2. 2. In the rural residential and conservation management zones, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 200 feet from the ordinary high water mark.
NR 118.06(1)(f) (f) Bluffline setback. Except as provided in par. (g), the bluffline setback shall be measured on a horizontal plane from the point of the structure that is nearest the bluffline, including roof overhangs and any cantilevered portions of the structure. The bluffline setback for each management zone shall be as follows:
NR 118.06(1)(f)1. 1. In the river town, small town and small town historic management zones, all structures except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 40 feet from the bluffline.
NR 118.06(1)(f)2. 2. In the rural residential management zone, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 100 feet from the bluffline or meet the performance standards outlined in subd. 4.
NR 118.06(1)(f)3. 3. In the conservation management zone, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be setback at least 200 feet from the bluffline or meet the performance standards outlined in subd. 4.
NR 118.06(1)(f)4. 4. In the rural residential management zone and conservation management zone, structures that do not meet the requirements of subd. 2. or 3. may be permitted within the bluffline setback area if they are set back at least 40 feet from the bluffline and meet all of the following performance standards:
NR 118.06(1)(f)4.a. a. The structure does not protrude above the bluffline as viewed from at or near the mid-line of the river or from 250 feet riverward from the shoreline, whichever is less.
NR 118.06(1)(f)4.b. b. The structure is not located within a slope preservation zone.
NR 118.06(1)(f)4.c. c. The structure utilizes earth-tone building materials that are of a non-reflective nature, except that windows may be made of ordinary window glass or non-reflective glass, but may not be made of glass designed to reflect more light than ordinary window glass.
NR 118.06(1)(f)4.d. d. The structure is visually inconspicuous.
NR 118.06(1)(g) (g) If, prior to November 1, 2004, a local unit of government has measured the ordinary high water mark setback or bluffline setback, or both, under its Lower St. Croix riverway ordinance to the nearest point of the foundation of a structure instead of measuring to roof overhangs, the local unit of government may continue to measure the ordinary high water mark setback and bluffline setback on a horizontal plane from the foundation of the structure at the point nearest to the ordinary high water mark or bluffline. The local unit of government shall measure the ordinary high water mark setback and the bluffline setback on a horizontal plane from the point of any cantilevered portions of the structure that is nearest the ordinary high water mark or bluffline. For new structures constructed after November 1, 2004, if the local unit of government continues to measure the ordinary high water mark or bluffline setback, or both, from the nearest point of the foundation of a structure instead of from roof overhangs, the local unit of government shall limit roof overhang width to no more than 3 feet. The local unit of government shall also require any cantilevered portion of the structure other than roof overhangs to be set back from the ordinary high water mark as required in par. (e) and to be set back from the bluffline as required in par. (f).
NR 118.06(2) (2) Structure color standards. The following structure color standards shall apply:
NR 118.06(2)(a) (a) In all management zones, structures designated as historic buildings or located in designated historic districts shall be either earth-tone colored or colored appropriate to the period in history for which they were designated.
NR 118.06(2)(b) (b) Except as provided in par. (a), in the river town management zone, structure color requirements shall be determined by local zoning ordinance.
NR 118.06(2)(c) (c) Except as provided in par. (a), in the small town, small town historic, rural residential and conservation management zones, all new, expanded or reconstructed structures shall be earth-tone colored.
NR 118.06(3) (3)Sign standards. Signs are allowed in all management zones if one or more of the following criteria are met:
NR 118.06(3)(a) (a) The sign is approved by state or local government and is necessary for public health or safety.
NR 118.06(3)(b) (b) The sign indicates areas that are available or not available for public use.
NR 118.06(3)(c) (c) The sign is not visible from the river and is otherwise lawful.
NR 118.06(4) (4)Structural erosion control measures. Except for rock rip-rap that is allowed in compliance with the requirements in s. NR 118.05 (1) (a) 2. d., structural erosion control measures may only be placed above the ordinary high water mark and within the ordinary high water mark setback area and bluffline setback area if all of the following criteria are met:
NR 118.06(4)(a) (a) The structural erosion control measure is constructed outside of slope preservation zones, or a conditional use permit has been issued in compliance with the requirements of s. NR 118.07 (6).
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.