62.234 Construction site erosion control and storm water management zoning.
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62.234 Construction site erosion control and storm water management zoning.
(1)Definition. As used in this section, “department” means the department of natural resources.
(2)Authority to enact ordinance. To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, a city may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites described in s. 281.33
(a)1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 62.23 . An ordinance enacted under this subsection is subject to the strict conformity requirements under s. 281.33
(3m).
(4)Applicability of city zoning provisions.
(a)Except as otherwise specified in this section, s. 62.23 applies to any ordinance or amendment to an ordinance enacted under this section.
(b)Variances and appeals regarding construction site erosion control or storm water management regulations under this section are to be determined by the board of appeals for that city. Procedures under s. 62.23
(e)apply to these determinations.
(c)An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 62.23 that relate to construction site erosion control at sites described in s. 281.33
(a)1. a. and b. or to storm water management regulation.
(5)Applicability of comprehensive zoning plan or general zoning ordinance. Ordinances enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting cities, so far as practicable.
(6)Applicability of local subdivision regulation. All powers granted to a city under s. 236.45 may be exercised by it with respect to construction site erosion control at sites described in s. 281.33
(a)1. a. and b. or with respect to storm water management regulation, if the city has or provides a planning commission or agency.