AGENDA PACKET...Chapter 108 Article III Division 3 . Sec. 108 -115. - Application form. Pursuant to...

AGENDA PACKET

ORDINANCES, LICENSES, AND PERMITS COMMITTEE 5:30 PM Tuesday, June 09, 2020

Council Chambers 303 Mansion Street

303 Mansion Street | Mauston, WI 53948-1329 | tel 608-847-6676 | fax 608-847-5023 | www.mauston.com

http://www.mauston.com/

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Call to Order/Roll Call

Discussion and Action Regarding Minutes

Discussion and Recommendation Regarding OrdinancesOrd 2020-2026 Amending Sections of Mauston Code of Ordinances Chapter 6 Article II, Section 6-26 and Section 6-27 to Authorize City Clerk or Designee to Approve Various Alcohol Related LicensesAttachment 1: Ord 2020-2026 Ord 2020-2027 Amending Multiple Sections of Mauston Code of Ordinances Chapter 108 Mobile Homes and Mobile Home ParksAttachment 1: Ord 2020-2027 Ord 2020-2028 Repealing Of Mauston Code of Ordinances, Chapter 20, Article 1 Section 20-3 Amusement DevicesAttachment 1: Ord 2020-2028 Ord 2020-2029 Amending Mauston Code of Ordinances Chapter 16, Section 16-1 Pertaining to the Inspection of Commercial and Industrial PropertiesAttachment 1: Ord 2020-2029 Ord 2020-2030 Creating Section 2801 of the Mauston Code of Ordinances and Amending Section 114-122 Pertaining to the Land Application of ManureAttachment 1: Ord 2020-2030

Adjourn

NOTICE: During the current "Stay at Home" Order any member of the public wishing to join the meeting telephonically should call City Hall by 4pm the day of the meeting.Staff will be happy to provide instructions on joining the meeting by phone.

City Hall main number: 608-847-6676

OFFICIAL NOTICE OF MEETING ORDINANCES, LICENSES, AND PERMITS COMMITTEE 5:30 PM TUESDAY, JUNE 09, 2020 COUNCIL CHAMBERS 303 MANSION STREET

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CITY OF MAUSTON ORDINANCE 2020-2026

AMENDING SECTIONS OF MAUSTON CODE OF ORDINANCES CHAPTER 6 ARTICLE II, SECTION 6-26 and SECTION 6-27 TO AUTHORIZE CITY CLERK OR DESIGNEE TO APPROVE VARIOUS

ALCOHOL RELATED LICENSES

The Common Council of the City of Mauston, Juneau County, Wisconsin, amends and ordains Section 6-26(4) and (6) Section 6-27(2) City of Mauston Code of Ordinances as follows: Chapter 6 – Alcohol Beverages Article II – Licenses Sec. 6-26 – Additional Requirements

(4) Referral by clerk. The clerk shall take one the following actions, as determined by the recommendation of the police chief: a. Approve: Ensure the application form is complete and forward to the council for action,

except for Operator’s, Temporary Class B fermented malt beverage, and Temporary Class B wine licenses which may be approved by the City Clerk or his/her designee.

(6) Appearance. All applicants who are requesting a license for the first time shall appear before

the common council to answer any questions regarding their qualifications before said license shall be issued except for Operator’s, Temporary Class B fermented malt beverage, and Temporary Class B wine licenses which may be approved by the City Clerk or his/her designee. Applicants seeking the renewal of a license need not appear unless specifically requested by the common council.

Sec. 6-27 – Temporary Class B fermented malt beverage and/or Temporary Class B wine license

(2) Fencing. Unless the council otherwise permits permitted, all organizations shall install a fence around the area where fermented malt beverages are to be sold and consumed. No sale or consumption of fermented malt beverages shall be permitted outside of the fenced area and no underage person shall be permitted within the fenced area unless such underage person is accompanied by his parent, guardian or spouse who has attained the legal drinking age. The organization shall also continually station a person at the entrance of the fenced area for the purpose of checking age identification. There shall be only one point of ingress and egress, and the fence shall be a minimum of four feet high. If consumption is to occur indoors, a fence shall be used unless persons under the legal drinking age are not permitted to enter the building.

APPROVED: ATTEST:

_____________________________________ ______________________________________ Dennis Nielsen, Mayor Randall D. Reeg, City Administrator

• Date of Readings:____________ and _________ • Date of Adoption: ___________________ • Votes: ayes nays abstentions absent • Date of Publication:

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AMENDING MULTIPLE SECTIONS OF MAUSTON CODE OF ORDINANCES CHAPTER 108 MOBILE HOMES AND MOBILE HOME PARKS

The Common Council of the City of Mauston, Juneau County, Wisconsin, amends and ordains the sections of Chapter 108 as listed below: Chapter 108 Article II

Sec. 108-35. - Citation method of enforcement. The citation method of enforcement, set forth in chapter 1, article II, may be used for all violations of this chapter. Citations for violations of this chapter may be issued only by the zoning inspector administrator, his/her designee, the city plan commission, or the building inspector.

Chapter 108 Article III Division 1

Sec. 108-61. - Fees. (a) Original application fee. A nonrefundable fee in the amount established by the city

shall be submitted with each original application for a new manufactured and mobile home community. A nonrefundable fee established by the city shall be submitted with each application for an extension of an existing manufactured and mobile home community.

(b) Annual license application fee. An annual license application fee in the amount established by the city in accordance with State Stat. 66.0435(3)(a) shall be paid by each licensee. This fee shall be submitted with each application for renewal, and shall be refunded to the licensee if the application is not renewed.

(c) Transfer of license fee. A fee in the amount established by the city in accordance with State Stat. 66.0435(3)(b) shall be paid with each application for a transfer of license.

(d) Parking Monthly Permit fee. Pursuant to Wis. Stats. § 66.0435(3)(c), each manufactured and mobile home community operator shall pay collect the monthly parking permit fee for each lot whether empty or occupied from each mobile home owner and remit the same to the city clerk. This fee shall be paid no later than the 10th of the month following the month for which the fee is due.

Chapter 108 Article III Division 2

Sec. 108-88. - Original application information. Each original application shall contain the following information:

(1) Name, address and telephone number of each owner and developer of the proposed manufactured and mobile home community or proposed extension.

(2) The legal description and acreage of the proposed manufactured and mobile home community or extension.

(3) Three copies of pPreliminary site plan drawn to scale showing the location of the following:

a. Each mobile home lot. b. All roadways, sidewalks and parking sites. c. Recreation areas and facilities. d. Storage areas. e. Underground utilities, including cable TV, internet/fiber optics, if provided. f. Street lighting. g. Topography and drainage.

(4) Landscaping plans and specifications. (5) Road construction plans, specifications and elevations.

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(6) An explanation of how garbage and refuse, including recycling and yard waste, will be disposed.

(7) An explanation of the staging and timing of the proposed construction. (8) The names and addresses of all persons who own property located within 100 feet of

the proposed manufactured and mobile home community or extension. (9) Any additional information necessary to show compliance with this chapter. (10) Any additional information which the plan commission may request.

Sec. 108-89. - Review.

Upon receipt of an original application, the city clerk shall refer the application to the Zoning Administratorplan commission, who shall make arrangements for. Tthe plan commission shall to review the application, the site, existing and proposed structures, site plans, neighboring uses, highway access, traffic patterns, drainage, sewerage and water systems, and all other factors deemed relevant to the future use and operation of the proposed manufactured and mobile home community or extension is in harmony with the City’s Comprehensive Plan.

Sec. 108-90. – Hearings After study and review of the application and other facts, the plan commission shall hold a public hearing within a reasonable period of time, but in no event later than seven weeks after submission of the application to the clerk. The plan commission shall give public notice of the hearing by publishing a Class II notice under Wis. Stats. ch. 985 specifying the date, time, place and subject matter of the hearing. A notice of the hearing shall be mailed at least ten days prior to the public hearing, by certified mail, to the applicant and to the owners of all property located within 100 feet of the proposed manufactured and mobile home community. The Zoning Administrator, or designee, shall complete an Affidavit of Mailing acknowledging that the notices were mailed in compliance with this ordinance. This notice and hearing may be combined with any notice and hearing required for the granting of a conditional use for the manufactured and mobile home community or extension. The plan commission shall forward its recommendation to the Common Council for final action. Chapter 108 Article III Division 3

Sec. 108-115. - Application form. Pursuant to Wis. Stats. § 66.0435(6), an application for renewal shall be submitted by each licensee on or before June 1 of each year, on forms furnished by the city. The annual license shall expire June 30 of each year.

Sec. 108-116. - Review. Upon receipt of an application for renewal, the city clerk shall refer the application to the zoning inspectoradministrator, who shall inspect the manufactured and mobile home community to determine compliance with this chapter and all other restrictions or conditions placed on said manufactured and mobile home community by previous city action. Upon completion of his inspection, the zoning inspector administrator shall either provide a certification to the city clerk that the manufactured and mobile home community is in compliance, or provide the licensee and the city clerk with a brief detailed written description of the violations found. As part of the renewal process, the city clerk shall certify that all monies due the city by the licensee are paid current, including utilities, park fees, monthly permit fees, real estate taxes, personal property taxes, and municipal citations. Fees for re-inspections that are necessitated by the existence of a violation ascertained during a routine inspection shall be as established by the city.

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Sec. 108-117. - Council approval. (a) Upon receipt of the report from the zoning inspectoradministrator, the city clerk shall refer the

report to the common council for action. (b) If the zoning inspector administrator has found no violations, the common council shall

approve the renewal of the license. If the zoning inspector administrator has found violations, the council can either approve the license renewal upon the condition that the violations be corrected within a stated time, or the common council can schedule hearings on the revocation or suspension of the license pursuant to the procedures authorized by Wis. Stats. § 66.0435. The council shall act on the renewal on or before June 30. Nothing herein shall limit or prevent the commencement of legal proceedings pursuant to chapter 1, article II for violation of this chapter.

APPROVED: ATTEST:



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REPEALING OF MAUSTON CODE OF ORDINANCES, CHAPTER 20, ARTICLE 1, SECTION 20-3 – AMUSEMENT DEVICES

The Common Council of the City of Mauston, Juneau County, Wisconsin, repeals in its entirety, Section 20-3 of Chapter 20, Article 1 of the Mauston Code of Ordinances: Chapter 20 – Licenses, Permits and Miscellaneous Business Regulations Article I – In General Sec. 20-3. - Amusement devices. (a) Definitions . The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this

subsection, except where the context clearly indicates a different meaning: Amusement device means any machine which, upon the insertion of a coin, slug, token or thing of monetary value, operates or may be operated, manually or otherwise, for use as a game, contest or the production of any form of recorded or transcribed music or voice, or other amusement of any kind or description and which contains no automatic payoff devices for the return of coins, slugs, checks, tokens or other merchandise or things of monetary value or which does not provide any such payoff by any other means or manner and which machine or device is not readily convertible into a gambling device and is in no way obscene or offensive to the public. All types, kinds, makes and forms of pin ball machines, mechanical record players or juke boxes are specifically included under this definition and within the terms of this section. Operator means any person owning, operating, using, leasing or otherwise possessing one or more amusement devices installed or set up for use within the city. Possessor means any person in or on whose premises an amusement device is installed or set up for operation or otherwise made available for operation or use. (b) Registration required. No operator or possessor shall set up, place, install or maintain any amusement device in or upon any premises

within the city without first having registered such amusement device and paid the registration fee provided herein. (c) Application. Any owner or operator of any amusement device wishing to set up, place, install or maintain such amusement device on

any premises within the city or any possessor allowing the same to be done shall first make written application for the registration of such amusement device to the city clerk, on forms provided by the city, submitting all information requested by the clerk to satisfy the requirements of this section and to properly identify such amusement device.

(d) Fee. An application shall be accompanied by a nonrefundable fee per device in such amount as is established by the city. (e) Inspection . Upon application for registration under this section, the police department may promptly inspect each amusement device

sought to be registered and report the results of such inspection to the city clerk. (f) Issuance . Upon approval of such amusement device by the police department, the city clerk shall issue a registration for the same and

a certificate, which shall be displayed in such a manner as to be easily viewed by the public at all times. Separate application and registration shall be required for each amusement device maintained within the city.

(g) Denial . If the police department fails to approve any amusement device, such device shall be immediately removed from public view or access.

(h) Gambling prohibited . No owner, operator or possessor shall permit the wagering of money, goods or merchandise upon the result of the game, machine played or upon the skill of any player, nor pay any money, goods, merchandise or tokens to any person playing or operating any amusement device. Nothing in this section shall be construed to permit gambling in any form or manner, and all other ordinances of the city relative to gambling and the keeping of gambling devices shall apply to any device required to be registered under this section.

(i) Consent to entry . The possessor of any amusement device shall be held responsible for full compliance with the requirements of this section and for any violation of this section which may occur on his premises, whether he participated in such violation or not, and application for a registration under this section is deemed to be consent to the entry of any police officer on any premises upon which is contained any amusement device registered under the provisions of this section at any time. APPROVED: ATTEST:



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AMENDING MAUSTON CODE OF ORDINANCES CHAPTER 16, Section 16-1 PERTAINING TO THE INSPECTION OF COMMERCIAL AND INDUSTRIAL PROPERTIES

The Common Council of the City of Mauston, Juneau County, Wisconsin, creates and ordains Section 16-1(c) of the City of Mauston Code of Ordinances as follows:

Chapter 16 – Fire Prevention and Protection Sec. 16-1. - Fire codes

(a) State codes. Except as otherwise specifically provided in this Code, the statutory provisions of Wis. Stats. § 101.14, Fire Inspections, Prevention, Detection and Suppression, and the provisions of Wis. Admin. Code ch. SPF 314 are hereby adopted by reference and made a part of this Code as if fully set forth herein.

(b) Licenses or permit withheld . No license shall be granted or renewed for the operation of any trade, profession, business or privilege for which a license is required by any provisions of this Code, nor shall any occupancy permit be issued for any property that contains any outstanding violation of this section.

(c) Inspection on transfer or alteration. When any public building, place of employment, or parcel of land that is zoned commercial or industrial is altered or transferred to another owner or user, it shall be subject to a fire inspection prior to commencing any building alterations, any employees working on site, or being opened to the public. For the purposes of this section, transfer includes but is not limited to the rental, lease, or sale of the property (including through land contract); as well as the transfer of operation of an existing business to another, or the opening of a new business in an existing building.

(cd) Violation and penalty. Any person who violates, disobeys, neglects, omits or refuses to comply with, or resists the enforcement of any of the provisions of this section shall be subject to a penalty as provided in Wis. Admin. Code ch. SPS 314 or chapter 1, article II of this Code, whichever is greater.

APPROVED: ATTEST: ________________________________ ___________________________________ Dennis Nielsen, Mayor Randall D. Reeg, City Administrator

• Date of Readings:_____________ and ________ • Date of Adoption: ____________________ • Votes: ayes nays abstentions 0 absent • Date of Publication:

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CREATING SECTION 28-1 OF THE MAUSTON CODE OF ORDINANCES AND AMENDING SECTION 114-122 PERTAINING TO THE LAND APPLICATION OF MANURE

The Common Council of the City of Mauston, Juneau County, Wisconsin, creates and ordains Chapter 28 Section 28-1 and amends and ordains Chapter 114, Article IV, Section 114-122 of the City of Mauston Code of Ordinances as follows:

Chapter 28 – Solid Waste Sec. 28-1 Land Application of Manure

a) Purpose. The purpose of this ordinance is to take appropriate measures to manage the land

application of manure or process water to protect public health, safety and welfare. b) Definitions. Unless specifically defined, words and phrases in this chapter shall have their

common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word “may” is permissive; “shall” is mandatory and is not discretionary. As used in this chapter, the following terms shall have the meanings indicated: (1) Applicant. “Applicant” means any person, firm, association, or corporation that

applies manure and/or process wastewater on cropland located in the City of Mauston, and any person, firm, association, or corporation that produces or originates manure or process wastewater that is applied on cropland located in the City of Mauston.

(2) Cropland. “Cropland” means land that is suited to or used for crops or pasture, but not including lawns or land that is used for cultivating grains, fruits or vegetables intended to be consumed personally by the grower and his immediate family.

(3) Incorporation. “Incorporation” means mixing the manure or process wastewater with surface soil so that at least 80% of applied manure or process wastewater is covered with soil and the application rate is controlled to ensure that applied material stays in place and does not run off. Incorporation includes standard agricultural practices such as tillage or other practices that are the equivalent to providing 80% soil coverage.

(4) Injection. “Injection” means the placement of liquid manure or process wastewater 4 to 12 inches below the soil surface in the crop root zone using equipment specifically designed for that purpose and where the applied material is retained by the soil and does not concentrate or pool below the soil surface.

(5) Land application. “Land application” or “land apply” means the application, injection or incorporation of manure or process wastewater on cropland.

(6) Manure. “Manure” means a material that consists primarily of litter or excreta, treated or untreated, from livestock, poultry or other animals. Manure includes material mixed with runoff, bedding contaminated with litter or excreta, or process wastewater.

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(7) Process wastewater. “Process wastewater” means wastewater that results from any

or all of the following: (i) Spillage or overflow from animal or poultry watering systems; (ii) Washing, cleaning, or flushing pens, barns, manure pits, or other animal feeding operation facilities; (iii) Direct contact swimming, washing, or spray cooling of animals or dust control; (iv) Water that comes into contact with any raw materials or animal byproducts including manure, feed, milk, eggs or bedding; or (v) whey, milk water or other waste generated from the manufacture of cheese.

(8) Surface application. “Surface application” or “surface apply” means the application to the ground surface of manure or process wastewater on cropland.

(9) 25−year, 24−hour rainfall event. “25−year, 24−hour rainfall event” means a rainfall event measured in terms of the depth of rainfall occurring within a 24−hour period and having an expected recurrence interval of once in 25 years, currently 4.7 inches of rainfall within a 24−hour period as of the date of enactment (See Table 1 of NR 243.04 Wis. Admin. Code).

(c) Land Application Requirements. Except as otherwise provided in this chapter, every applicant must comply, or ensure compliance, with the following requirements:

(1) Manure or process wastewater may not pond on the application site. (2) Manure or process wastewater may not cause the fecal contamination of water in a well. (3) Manure or process wastewater may not run off the application site nor discharge to waters of the state through subsurface drains except if the person has complied with all land application restrictions in this ordinance and any applicable WPDES permit, and the runoff or discharge occurs as a result of a rain event that is equal to or greater than a 25−year, 24−hour rain event. (4) Manure or process wastewater may not be applied to saturated soils. (5) Land application practices shall maximize the use of available nutrients for crop production, prevent delivery of manure and process wastewater to waters of the state, and minimize the loss of nutrients and other contaminants to waters of the state to prevent exceedances of groundwater and surface water quality standards and to prevent impairment of wetland functional values. Practices shall retain land applied manure and process wastewater on the soil where they are applied with minimal movement. (6) Manure or process wastewater may not be applied on areas of a field with a depth to groundwater or bedrock of less than 24 inches. (7) Manure or process wastewater may not be applied within 100 feet of a direct conduit to groundwater. (8) Manure or process wastewater may not be applied within 600 feet of a private well or non−community system as defined in ch. NR 812 or within Zone 1 of the Municipal Well Recharge Area as provided in Section 114-85(g)(5). (9) On a field with soils that are 60 inches thick or less over fractured bedrock, manure or process wastewater may not be applied on frozen ground or where snow is present. (10) Manure or process wastewater may not be applied on fields when snow is actively melting such that water is flowing off the field.

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(11) Surface applied manure shall be incorporated within 24 hours of application.

(d) Enforcement. The provisions of this Ordinance are subject to the following enforcement provisions at the option of the City in its discretion.

(1) Notice of Noncompliance. Whenever the City finds any noncompliance with the provisions of this Chapter, the City may provide a notice of any noncompliance by personal service, written notice by certified mail, electronic mail, or facsimile transmission of any noncomplying activity. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken. The City shall attempt to communicate with each applicant or person performing the work to obtain immediate and voluntary compliance.

(2) Stop Work Order. (a) If the applicant refuses to voluntarily comply immediately to a notice of

noncompliance or the noncompliance presents an imminent danger or will cause or threatens to cause damage to properties, public facilities, or the waters of the state, the City shall post in a conspicuous place on the premises, a stop work order which shall cause all activity not necessary to correct the noncompliance to cease until noncompliance is corrected.

(b) The stop work order shall provide the following information: date of issuance, identification of the property subject to the stop work order, reason for posting and the signature of the inspector posting the order.

(c) It shall be a violation of the Chapter for the unauthorized removal of the stop work order from the premises.

(d) In addition to posting a stop work order, the City shall provide notification to each applicant by personal service, written notice by certified mail, electronic mail, or facsimile transmission. The applicant shall have 24 hours to respond to the City and initiate remedial measures to correct any noncompliance.

(3) City Remedial Action. If the violations of this Ordinance are not corrected and are likely to result in significant damage to properties, public facilities, or waters of the state, the City's designee may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the City plus interest and legal costs shall be billed to the responsible party. (4) Penalty. Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to forfeiture of not less than $100.00 nor more than $500.00 per offense together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the City of Mauston, the State of Wisconsin, or any citizen thereof pursuant to §87.30(2) Wis. Stats.

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Chapter 114 – Zoning Article IV – Land Use Development Standards Sec. 114-122. - Agricultural land uses (a) Cultivation.

(1) Description. Cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants. This land use includes trees which are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals which are located off site.

(2) Principal and accessory land use regulations.

a. Unless permitted through a conditional use permit on lots of record, cultivation areas shall not exceed 20 percent of the lot's area.

b. Cultivation areas shall not be located within the required front yard or street yard of any lot of record or developed lot.

c. In all natural resource protection overlay districts, cultivation is allowed only as a conditional use, provided the area proposed for cultivation is designated on the submitted site plan and/or recorded plat or CSM as an area which may be used for cultivation.

d. All cultivation uses shall be setback a minimum of 15 feet from all property lines when cultivation uses are located along streets that contain curb and gutter and/or storm sewer systems.

e. Sec 28-1 relating to the Land Application of Manure shall be strictly adhered to. APPROVED: ATTEST: ________________________________ ___________________________________ Dennis Nielsen, Mayor Randall D. Reeg, City Administrator

• Date of Readings:_____________ and ________ • Date of Adoption: ____________________ • Votes: ayes nays abstentions 0 absent • Date of Publication:

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