The ordinance from which this chapter is derived is adopted for the purpose of protecting the public health, safety, comfort, convenience and general welfare of the residents of the county, and is further intended to:

(1)

Control and lessen congestion in the streets;

(2)

Secure safety from fire, panic and other dangers;

(3)

Promote adequate light and air;

(4)

Manage growth and the impacts of land development;

(5)

Encourage the protection of ground and surface water and other natural resources;

(6)

Preserve productive farmland;

(7)

Preserve rural character;

(8)

Prevent the overcrowding of land;

(9)

Preserve, protect and promote property values;

(10)

Promote high quality and lasting community design;

(11)

Clearly present land development opportunities and review processes; and

(12)

Facilitate the adequate provision of transportation, water, sewerage, and other public services and facilities.

(Ord. No. 7-14, § X.1.3, 1-28-2022)

It is hereby declared to be the intention of the county board that the several provisions of this chapter are separable in accordance with the following:

(1)

If any court of competent jurisdiction shall adjudge invalid any provision of this chapter, such judgment shall not affect any other provisions of this chapter not specifically included in the judgment.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any portion of this chapter to a particular property, building, or structure, such judgment shall not affect the application of the provision to any other property, water, building, or structure not specifically included in the judgment.

(3)

The county does not guarantee, warrant or represent that only those areas officially designated as floodplains will be subject to periodic inundation and hereby asserts that there is no liability on the part of the county, its officers, employees, agents, or representatives for any flood damages, sanitation problems, or structural damages, regardless of whether land is in a mapped floodplain.

(Ord. No. 7-14, § X.1.4, 1-28-2022)

(a)

Where property is affected by the regulations imposed by any provision of this chapter and by other governmental regulations, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Regardless of any other provision of this chapter, no land shall be developed or used, and no structure erected or maintained in violation of any state or federal regulations.

(b)

If any other legally adopted ordinance is more restrictive than this chapter or any amendments thereto, such other ordinance continues in all respects to the extent of the greater restrictions, but not otherwise.

(c)

It is not otherwise intended by this chapter to abrogate, repeal, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

(d)

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort and convenience and general welfare, and shall be liberally construed in favor of the county and shall not be construed to be a limitation or repeal of any other power now granted by state law and possessed by the county.

(Ord. No. 7-14, § X.1.5, 1-28-2022)

(a)

This chapter is applicable to all territory located within those portions of the unincorporated areas of the county in which the associated town board has adopted this chapter pursuant to Wis. Stats. § 59.69(5).

(b)

Unless specifically exempted by law, all cities, villages, towns and counties are required to obtain all necessary permits for projects undertaken by them within this chapter's geographic jurisdiction. State agencies are required to comply as provided in Wis. Stats. § 13.48(13).

(Ord. No. 7-14, § X.1.6, 1-28-2022)

(a)

The ordinance from which this chapter is derived shall become effective per the procedures under Wis. Stats. § 59.69. Each town within which this chapter applies has adopted this chapter independently of one another and generally on different dates, as follows:

(b)

The version of this chapter adopted by the county board of supervisors on April 19, 2011, was a comprehensive revision to the previous version of this chapter that, in part, carried forward by re-enactment some of the provisions of the regulations governing zoning and related matters, being previously known collectively as this chapter, adopted prior to the effective date of this comprehensive revision to this chapter. While it was the intention of this comprehensively revised zoning chapter to repeal the prior this chapter, it was also the intention to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued there under are preserved and may be enforced, unless explicitly surrendered by specific provisions of this chapter or altered by the official zoning map.

(c)

All provisions of this chapter which existed prior to April 19, 2011, and which are not re-enacted herein are hereby repealed.

(d)

The adoption of this chapter shall not adversely affect the county's right to prosecute any violation of the predecessor zoning ordinance, provided that such violation occurred while that zoning ordinance was in effect.

(e)

All development approvals under the predecessor zoning ordinance shall be valid for a period of not more than one year from April 19, 2011, except that each land use permit issued under the predecessor zoning ordinance shall be valid for a period of one year from its issuance before construction authorized by such permit must commence.

(Ord. No. 7-14, § X.1.7, 1-28-2022)

(a)

The county board has formally adopted a comprehensive plan, pursuant to Wis. Stats. § 66.1001(4)(c). The comprehensive plan is intended to guide the physical development of the county over a 20-year planning period and serve as the partial basis for this chapter. The county board may, from time to time, amend the comprehensive plan following the procedures included in Wis. Stats. § 66.1001.

(b)

This chapter implements aspects of the comprehensive plan that are best addressed through zoning approaches, as enabled and in certain cases required by state law. Per Wis. Stats. § 66.1001(3), this chapter is consistent with the comprehensive plan. Further, all subsequent amendments must be consistent with the county comprehensive plan, as the term "consistent with" is defined under Wis. Stats. § 66.1001(1)(am).

(c)

Per Wis. Stats. § 91.10(2) and (3), the county has included a farmland preservation plan as a component of its comprehensive plan and had such farmland preservation plan certified by the state department of agriculture, trade and consumer protection. Such adoption and certification are required to make owners of property within the farmland and forest preservation area mapped in the farmland preservation plan eligible to obtain state income tax credits.

(d)

Per Wis. Stats. ch. 91, subch. III, the county has also incorporated a farmland preservation zoning district within this chapter, the FP Farmland and Forest Preservation District. The state department of agriculture, trade and consumer protection has certified the FP district as a farmland preservation zoning district under Wis. Stats. ch. 91. Such certification is required in most cases to make owners of property zoned FP eligible to obtain state income tax credits. The FP zoning district is mapped only in areas that are planned as farmland and forest preservation area in the farmland preservation plan.

(e)

Table 40-6 lists the latest town board adoption dates of the FP zoning maps in towns where this zoning district applies.

Table 40-6. Adoption Dates of FP District by Town

(Ord. No. 7-14, § X.1.8, 1-28-2022)

This chapter references several appendices, although the appendices may not be distributed with every copy of this chapter. The appendices are included for informational purposes and shall not be construed as part of this chapter. Therefore, amendments to the appendices do not require compliance with the amendment procedures in section 40-229 or in Wis. Stats. § 59.69.

(Ord. No. 7-14, § X.1.9, 1-28-2022)

(a)

All lands located within the jurisdiction of this chapter are hereby divided into zoning districts of such number and character as are necessary to achieve compatibility of land uses within each district, to implement the comprehensive plan, and to achieve the other stated purposes of this chapter.

(b)

Base zoning districts established by this chapter are shown on the official zoning map of the county, which together with all explanatory materials thereon, is hereby made part of this chapter. Where the official zoning map does not indicate a base zoning district for a particular area, unless the map is in error, the area is within the corporate limits of a city or village, within a town that has not adopted this chapter, or within an area subject to extraterritorial zoning.

(c)

The following rules shall be used to determine the precise location of any base zoning district boundary shown on the official zoning map of the county:

(1)

Base zoning district boundaries shown as following or approximately following the limits of any city, village, town, or county boundary shall be construed as following such limits.

(2)

Base zoning district boundaries shown as following or approximately following public streets or railroad lines shall be construed as following the centerline of such streets, recreational trails, or railroad lines.

(3)

Base zoning district boundaries shown as following or approximately following platted lot lines, ordinary high-water marks, or other property lines as shown on the county parcel maps shall be construed as following such lines.

(4)

Base zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing navigable watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

(5)

Base zoning district boundaries shown as separated from any of the features listed in subsections (c)(1) through (4) of this section shall be construed to be at such distances as shown on the official zoning map.

(6)

Where the exact location of a base zoning district boundary, as shown on the official zoning map, is uncertain, the boundary location shall be determined by the zoning administrator.

(d)

No tax parcel shall be divided into more than one base zoning district, unless that tax parcel is legally divided so that new lot lines and new zoning boundaries coincide.

(e)

See section 40-228(b) for the appeal process for interpretations of zoning district boundaries.

(Ord. No. 7-14, § X.1.10, 1-28-2022)

(a)

Areas within the jurisdiction of this chapter are divided into the following base zoning districts:

(1)

Working lands and open space zoning districts.

a.

FP Farmland and Forest Preservation District.

b.

FH Farmland and Forest Holding District.

c.

OAR Open Lands, Agriculture, and Residential District.

d.

RPOS Recreation and Public Open Space District.

(2)

Residential zoning districts.

a.

R-R Residential-Rural District.

b.

A-R Agricultural-Residential District.

c.

R-S Residential-Sewered District.

d.

R-M Residential-Mixed District.

(3)

Commercial, industrial, and mixed use districts.

a.

H Hamlet District.

b.

C-C Commercial-Community District.

c.

C-G Commercial-General District.

d.

M Manufacturing District.

e.

PUD Planned Unit Development District.

(b)

Areas within the county may also be subject to the following overlay zoning districts. See the referenced provisions for precise jurisdiction and regulations related to each listed overlay district.

(1)

SW Shoreland-Wetland Overlay District (see the shoreland provisions of this chapter).

(2)

FW Floodway Overlay District (see the floodplain regulations of chapter 12).

(3)

FF Flood Fringe Overlay District (see the floodplain regulations of chapter 12).

(4)

GFP General Flood Plain Overlay District (see the floodplain regulations of chapter 12).

(Ord. No. 7-14, § X.1.11, 1-28-2022; Ord. No. 5-24, 5-22-2024)