Belmont Town Portage County
City Zoning Code

Sec. 7.1

Portage County Zoning.

A section to promote the public health, safety and general welfare, to determine, establish, regulate and restrict the areas within which agriculture, forestry, industry, trades, businesses and recreation and residential uses may be conducted; the areas in and along natural water courses, channels, streams and creeks in which trades or industries, filling or dumping, erection of structures and location of buildings, may be prohibited or restricted; certain areas, uses or purposes which may be subjected to special regulation and building setback lines and such other uses authorized pursuant to Wis. Stats. §§ 59.69, 59.692, 59.694 and 87.30.

The County Board of Supervisors of Portage County does ordain as follows:

7.1.1 - District And District Maps.

For the purpose of promoting the public health, safety and general welfare and determining, establishing, regulating and restricting the areas within the County outside the limits of incorporated cities and villages, within which agriculture, forestry, industry, trades, business, recreation and residential uses may be conducted, to establish districts of such number, shape and area, to adopt such regulations for each such district as the County Board has determined to be necessary in order to carry out the purposes of this section, in accordance with the provisions of Wis. Stats. §§ 59.69, 59.692, 59.694, 59.696, 59.697, 59.698, 87.30, and 281.31, including within the following towns: Alban, Almond, Amherst, Belmont, Buena Vista, Carson, Dewey, Eau Pleine, Hull, Lanark, Linwood, New Hope, Plover, Sharon and Stockton are hereby divided into 18 use districts, namely:

Section 7.1.2(1) R2 Single Family Residence District

Section 7.1.2(2) R4 Multiple Family Residence District

Section 7.1.2(3) R1 Rural and Urban Fringe Residence District

Section 7.1.2(4) R3 One and Two Family Residence District

Section 7.1.2(5) R5 Waterfront Residence District

Section 7.1.3(1) A4 General Agricultural District

Section 7.1.3(2) CON Conservancy District

Section 7.1.3(3) REC Recreational District

Section 7.1.3(4) A1 Exclusive Agricultural District

Section 7.1.3(5) A2 Agricultural Transition District

Section 7.1.3(6) A3 Low Density Agricultural District

Section 7.1.3(7) A20 Primary Agricultural District

Section 7.1.3(8) RL Rural Limited District

Section 7.1.4(1) C2 Marina District

Section 7.1.4(2) C3 Commercial District

Section 7.1.4(3) C4 Highway Commercial District

Section 7.1.4(4) C1 Neighborhood Commercial District

Section 7.1.4(5) Planned Development District

Section 7.1.5(1) IND Industrial District

The boundaries of the use districts are shown upon the maps of the towns of Portage County, being designated as the "Zoning Maps of Portage County, Wisconsin", as such maps are prepared and adopted by the County Board and, in the cases of areas outside protected shoreland areas, the towns coming under this section—such maps thereby becoming a part of this section. All notations, references and other information shown upon the said zoning maps of the towns shall be as much a part of this section as if the matter and things set forth by the said maps were fully described herein.

7.1.2 - Residence Districts.

(1)

Single Family Residence District (R2).

(a)

Intent. This District is intended to provide for high density, unsewered, single family residential development. The application of this District, for new development, should be limited to areas where connection to municipal sewage treatment facilities is feasible at the time of construction or in the near future. This District is intended to promote a residential atmosphere and to protect residential property values by prohibiting uses which are incompatible with homes.

(b)

Uses. The following uses are permitted:

Single family dwellings, defined for purposes of this subsection only, as detached buildings being a minimum width of 20 feet designed for and occupied exclusively by one family.

Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

Parks and playgrounds.

Accessory buildings, including private garages and buildings clearly incidental to the residential use of the property, provided, however, that no accessory building may be used as a separate dwelling unit. Calculation of square footage of accessory buildings for each site will include the total of all detached garage space and similar detached structures. This calculation will be measured based on outside dimensions.

The maximum cumulative square footage shall be allowed as follows:

Lots smaller than two acres—2,800 square feet.

ii.

Lots two acres or larger—3,200 square feet.

Any single accessory building or cumulative total exceeding 2,000 square feet will require submittal of a stormwater control plan to the Planning and Zoning Department for review and approval before a Zoning Permit is issued.

The Planning and Zoning Department may require increased screening and/or increased setbacks for individual accessory buildings exceeding 2,000 square feet in size.

An accessory structure shall be designed such that its length does not exceed two times its width, its maximum height at roof peak shall be not greater than 20 feet.

The design and color of the accessory structure shall complement the residence.

There shall not be any commercial activity conducted out of an accessory building.

Gardening and greenhouses to be used for private use only. A detached greenhouse will count towards accessory building square footage.

Home occupations, when such occupation is incidental to the residential use of the premises and does not involve any external alterations; that not more than 50 percent of only one floor of the dwelling shall be devoted to such operation, provided further that no article is sold or offered for sale that is not produced in such home occupation, that no stock-in-trade is kept or sold and that no person other than a member of the resident family is employed on the premises.

Professional offices, when such office is conducted solely by a member or members of the resident family, entirely within the residence and incidental to the residential use of the premises; provided further that there shall be no external alterations, that not more than 50 percent of only one floor of the dwelling shall be devoted to such offices and that no more than two persons not members of the resident family may be employed in nonprofessional capacities in any such office.

Signs, as follows:

Not more than two directory signs, which must be placed in relation to the right-of-way line as shown in subparagraph 7.1.6(1)(a)10.

One sign per parcel to advertise a customary home occupation or professional office, provided that such sign may be placed at the right-of-way line, shall not exceed six square feet in gross area, and may be illuminated; but flashing or intermittent lighting is prohibited. Signs cannot exceed eight feet in height.

To advertise the sale, rent, lease, or trade of the property on which the sign is placed; provided that such sign shall not exceed six square feet in gross area, except in subdivisions or unplatted lands newly opened for sale, or subdivisions or unplatted land where the density of construction does not exceed an average of one building for each 200 square feet of frontage, such latter sign shall not exceed 100 square feet in gross area. Also, not more than two "for sale", "rent", lease", or trade" signs may be erected within one mile of such new subdivisions; each such sign shall not exceed 100 square feet in gross area, which sign must be placed in relation to the right-of-way line as shown in subparagraph 7.1.6(1)(a)10.

To advertise that the site, on which the sign is placed, is the location of a future church, school, library, or club, which must be placed at least 20 feet outside the right-of-way line of the highway and shall not exceed 20 square feet in area.

Tablet, inscription, emblem or bulletin board for churches, schools, clubs, hospital, religious or charitable institutions, not over 20 square feet in area, which must be placed at least five feet outside the right-of-way line of the highway.

Egg laying chickens/ducks provided that section 7.1.6(1)(a)19. of this section is followed. The uses described in this subsection 9. are permitted uses only in R1, R2, and R5 residential zoning districts.

10.

Short-term rentals.

Some or all of the site plan review standards of 7.1.6(1)(a)9. may apply.

Occupancy of a short term rental may be limited by the private onsite wastewater treatment system.

11.

Bed and breakfast establishment.

Some or all of the site plan review standards of 7.1.6(1)(a)9. may apply.

Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious or toxic gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Accessory building(s) exceeding the maximum square footage set forth in section 7.1.2(1)(b)4.

Accessory building(s) not meeting the provisions set forth in section 7.1.2(1)(b)4.

Schools, churches and cemeteries.

(d)

Height, Yards, Area and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area of not less than 720 square feet. See subsection 7.1.6(10)(aq) "Floor Area".

Lot Area. Minimum lot area in this District for newly created lots shall be 20,000 square feet, exclusive of road right-of-way. Land in Conservancy Zoning District can be utilized in the creation of a new lot as long as the minimum lot area is non-conservancy zoned.

Lot Width. Minimum lot width shall be 100 feet at the building line.

Side Yards. There shall be a ten-foot minimum setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

(2)

Multiple Family Residence District (R4).

(a)

Intent. This District is intended to provide for multiple family residences or apartments, to serve as a transition between the One- and Two-Family Residence District and higher intensity uses, such as commercial activities. This District should be applied, in the case of new development, only where connection to municipal sewage treatment facilities will be provided at the time of construction.

(b)

Use. The following uses are permitted:

Any use permitted in the Single Family Residence District.

Multiple family dwellings; four or less.

Lodging and boarding houses.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Any use listed as a special exception in the Single-Family Residence District.

Mobile home parks, when each such park shall have been approved in writing by the Board of Adjustment, after public hearing. In addition, such mobile home parks shall meet the following requirements;

Every mobile home park and mobile home within the park shall be located on a well-drained area and shall be properly graded to prevent the accumulation of storm or other waters.

Each site shall be clearly delineated on plans submitted to the department or its agent for approval.

The basic unit shall be so located on a site that there is at least a 10 foot side yard clearance from other basic units and a ten-foot rear yard clearance between basic units. The clearance requirements shall be exclusive of a parking area.

No basic unit may be located closer than ten feet to:

Any buildings such as a pump house, the office building for the park, a laundry building or a recreational building, except a garage or accessory structure belonging to the site or occupant;

ii.

Any property line of the park; or

iii.

The right-of-way line of a street within the park.

Parking spaces in a ratio of one and one-half; for each site shall be provided and maintained in good condition.

For a two-way street within the park, the width shall be at least 32 feet if parking is permitted on both sides of the street; 24 feet if parking is permitted on one side of the street and 18 feet if parking on the street is prohibited. A one-way street shall be at least 24 feet wide if parking is permitted on both sides; 18 feet wide if parking is permitted on one side; and 14 feet wide if parking on the street is prohibited. Streets shall be graveled or paved, maintained in good condition, have natural drainage, and be adequately lighted at night.

Each mobile home park shall be completely surrounded, except for permitted entrances and exits, by a yard, in addition to all other required yards and open spaces, which shall not be less than 25 feet wide. Within such yard there shall be established, within six months after issuance of the permit for the location of such park, the following plantings;

A temporary planting of fast-growing material, capable of reaching a height of 15 feet or more, as recommended by the County Conservationist, Department of Natural Resources Forester or private consultant, and;

ii.

A permanent evergreen planting, the individual trees to be of such number and so arranged that they will have formed a visual screen of 90 percent as recommended by the County Conservationist, Department of Natural Resources Forester or private consultant, and;

iii.

The plantings listed in subsection i. and ii. be established and maintained per "Central Wisconsin Partnership Windbreak Standards".

It shall be conditions of the granting of a permit for the establishment of any such mobile home park, and a continuing of conditions for the operation of the same that:

All parking spaces, walks and driveways be constructed and maintained so as to prevent the accumulation of surface water and the formation of substantial muddy areas.

That sanitary facilities as approved by the State of Wisconsin be established and maintained.

Private clubs and fraternities not part of mobile home parks.

Multiple family dwellings; five or more.

(d)

Height, Yards, Area And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Area and Floor Area. The lot area, lot width and floor area requirements for buildings used in whole or in part for dwelling purposes which are hereafter erected, moved or structurally altered shall provide a lot area and floor area as required by the following table:

No. of Families	Lot Area	Floor Area (see 7.1.6(10))
1	20,000 square feet	550 square feet
2 (on 2 floors)	20,000 square feet	1,100 square feet
2 (on 1 floor)	20,000 square feet	1,200 square feet
3	24,000 square feet	1,500 square feet
4	28,000 square feet	1,900 square feet

Each additional lot and floor area to be determined by the Board of Adjustment, family over four with the Board of Adjustment to consider as guidelines, 4,000 square feet of additional lot area and 400 square feet additional floor area for each additional family over four, unless other factors, such as soil, flow of underground water, neighboring developments, etc. make greater or lesser areas for each such family more reasonable, provided that when the regulations of the appropriate Wisconsin Administrative Code, require a larger lot area than any of the above, such regulations shall govern for both platted and unplatted areas and lots. Lot area shall exclude road right-of-way.

Lot Width. The minimum lot width shall be 100 feet at the building line.

Side Yards. There shall be a ten-foot minimum setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See Paragraph 7.1.6(1)(e).

(3)

Rural And Urban Fringe Residence District (R1).

(a)

Intent. This District is intended to provide urban-fringe and rural area landowners/residents with greater flexibility in land usage than is afforded by traditional residential zoning, while providing greater protection from conflicting land uses than is afforded by traditional agricultural zoning. Single family residential development is consistent with this District, as well as other nonintensive uses typically associated with the rural residential life-style. Low development densities should be maintained to prevent degradation of groundwater from on-site waste disposal systems.

(b)

Uses. The following uses are permitted:

Any use permitted in the R2 Single Family Residence District.

Ponds and/or excavations incidental to the residential use, not exceeding 10,000 square feet total area (e.g. one 10,000 square feet pond and/or excavation, or two 5,000 square feet ponds and / or excavations, etc.). Excavated materials must remain on the property unless a plan for their removal is approved by the planning and zoning staff.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Any use listed as a special exception in the Single Family Residence District.

Ponds and/or excavations incidental to uses in this district exceeding 10,000 square feet of total area.

Temporary, movable roadside vegetable/produce stands for the sale of products grown on the same premises.

Utilities, communication lines, towers and related structures.

Single family homes less than 20 feet wide.

Home occupations when such occupations may be conducted anywhere on the premises for retail uses and manufacturing, assembly and artisan. If conducted out of the residence, not more than 25 percent of only one floor of the dwelling shall be used, there shall be no external alterations that would effect a substantial change in the residential character of the building, and no more than two persons not members of the resident family may be employed in such occupations.

Keeping, raising, or housing of horses, provided such activity is not of a commercial nature. Such activity shall require a minimum lot size of five acres and shall not exceed a density of one horse per one and one-half acres.

(d)

Height, Yards, areas And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See Paragraph 7.1.6(1)(c).

Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area as follows:

If occupied or to be occupied for six months or longer in any one calendar year (year-round occupancy), the floor area shall not be less than 720 square feet.

If occupied or to be occupied for less than six months in any one calendar year (seasonal occupancy), the floor area shall not be less than 400 square feet. See subsection 7.1.6(10), floor area.

Lot Area. Minimum lot area in this District for newly created lots shall be two acres, inclusive of road right-of-way. Land in Conservancy Zoned District can be utilized in the creation of a new lot as long as the minimum lot area is non-conservancy zoned.

Lot Width. Minimum lot width shall be 200 feet at the building line.

Side Yards. There shall be a 25-foot minimum setback from each side yard except for lots of record, on which structures shall as nearly as possible meet this requirement, but not less than the side yard setbacks prior to rezoning.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

(4)

One and Two Family Residence District (R3).

(a)

Intent. This District is intended to provide for two-family residences or duplexes, to serve as a transition between the Single Family Residence District and higher intensity uses, such as commercial activities. The application of this District, for new development, should be limited to areas where connection to municipal sewage treatment facilities is feasible at the time of construction or in the near future.

(b)

Uses. The following uses are permitted:

Any use permitted in the R2 Single Family Residence District.

Two-family dwellings.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of Subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Any use listed as a special exception in the Single Family Residential Zoning District.

(d)

Heights, Yards, Area and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Area and Floor Area. The minimum lot area exclusive of road right-of-way, lot width and floor area requirements for buildings used in whole or in part for dwelling purposes which are hereafter erected, moved or structurally altered shall provide a lot area, width and floor area as required by the following table:

No. of Units	Lot Area	Floor Area
1	30,000 sq. ft.	700 sq. ft.
2	30,000 sq. ft.	1,100 sq. ft.

Lot Width. The minimum lot width shall be 100 feet at the building line.

Side Yard. There shall be a ten-foot minimum setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

(5)

Waterfront Residence District (R5).

(a)

Intent. It is the intent of this District to allow single family residences and customary accessory uses, at an intermediate density, on suitable sites in waterfront areas. It is further intended that this District be applied in such locations and in such manner as to ensure a proper balance between residential development needs, aesthetic values and visual qualities of the natural environment, and the carrying capacity of the water. This District is to be applied only in waterfront areas or in areas in immediate proximity to water and in conformance with adopted Town and County Comprehensive Plans.

(b)

Uses. The following uses are permitted:

Any use permitted in the R2 Single Family Residence District.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Any use listed as a special exception in the Single Family Residence District.

(d)

Height, Yards, Area and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved, or structurally altered shall have a floor area of not less than 720 square feet. See subsection 7.1.6(10) floor area.

Lot Area. Minimum lot area in this District for newly created lots shall be one acre, exclusive of road right-of-way. Land in Conservancy Zoning District can be utilized in the creation of a new lot as long as the minimum lot area is non-conservancy zoned.

Lot Width. Minimum lot width shall be 150 feet at the building line, provided no lot may be less than 100 feet wide at the ordinary high water mark.

Side Yards. There shall be a 15-foot minimum setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See subsection 7.1.6(1)(e).

7.1.3 - Rural Districts.

(1)

General Agricultural District (A4).

(a)

Intent. This District is intended to provide for a broad range of rural oriented land uses including agriculture and related structures/residences, as well as forestry, and open space. This District is also intended to provide areas for nonfarm, single-family residential development in appropriate locations, consistent with the provisions of this section, the Portage County Subdivision, and locally adopted Comprehensive Plans.

(b)

Uses. The following uses are permitted:

Single Family dwelling, provided that the creation of five or more residential lots within a five-year period shall be reviewed by the Planning and Zoning Committee. Single width manufactured homes and/or mobile homes 20 feet wide or less, whether for replacement of an existing dwelling or a new placement, shall not be greater than ten years old unless approved in writing by the Town Board.

Uses in this District include dairying, vegetable and crop production, livestock, meat production, beekeeping, hobby farms, egg production, aquaculture, and other general agricultural uses. Agricultural activities within this District (e.g. manure storage, grazing, feed storage, etc.) may also require operational plans to be approved by the Portage County Land Conservation Division prior to issuance of a Zoning Permit.

Vegetable warehouses.

Greenhouses and plant nurseries.

Roadside produce stands for sale of produce grown on the premises and excluding on-street parking.

Ponds, excavations, and/or extractions (P/E/E).

Any P/E/E 10,000 square feet or less in total area, shall be allowed through issuance of a Zoning Permit.

Any P/E/E exceeding 10,000 square feet and less than one acre of total area shall be allowed through issuance of a Zoning Permit after approval of a detailed site/ grading plan to be submitted to the Portage County Land Conservation Division.

Any P/E/E exceeding one acre or larger in total area shall be allowed through issuance of a Zoning Permit, after approval of a detailed site/grading plan to be submitted to the Portage County Land Conservation Division.

The applicant shall contact the US Army Corps of Engineers (US-ACOE) and/or the Wisconsin DNR for project approval if P/E/E is located near wetlands and/or shorelands. The applicant shall contact the Portage County Drainage District Commission for project approval if P/E/E is located within the Portage County Drainage District. These approvals will need to be on file with the Planning and Zoning Department before a Zoning Permit can be issued.

If material related to the P/E/E leaves the site, a letter from the Town Board and/or County Highway Department approving driveway access must be on file with the Planning and Zoning Department before a Zoning Permit can be issued.

Forest management, pine plantations, Christmas tree farms, and sales.

Fish and game management, including fish and game farms.

Temporary sawmills for a period of less than 12 months in any one calendar year.

10.

Noncommercial stables and riding arenas.

11.

Home occupations and professional offices as specified in subsection 7.1.2(1)(b)6. and 7.

12.

Utilities and communication lines and towers and related structures.

13.

Municipal buildings, including administrative buildings, town halls, police stations, fire stations, and buildings for the repair or storage of machinery for road construction or maintenance.

14.

Parks and playgrounds as specified in subsection 7.1.2(1)(b)3.

15.

Signs as follows:

One sign per parcel used exclusively to advertise sale of agricultural products produced on the premises; signs giving the name of the farm owner; rural directory signs when all such signs are established in accordance with the provisions of subparagraph 7.1.6(1)(a)10.

Directory signs, to cities and villages, when such signs are established in accordance with the provisions of subparagraph 7.1.6(1)(a)10.

Not more than two directory signs, which must be place in relation to the right-of-way line as shown in subparagraph 7.1.6(1)(a)10.

To advertise the sale, rent, lease or trade of the property on which the sign is placed; provided that such sign shall not exceed six square feet in gross area, except in subdivisions or unplatted lands newly opened for sale, or subdivisions or unplatted land where the density of construction does not exceed an average of one building for each 200 feet of frontage, such latter sign shall not exceed 100 square feet in gross area. Also, not more than two "for sale", "rent", "lease," or "trade" signs may be erected within one mile of such new subdivisions; each such sign shall not exceed 100 square feet in gross area, which sign must be placed in relation to the right-of-way line as shown in Subparagraph 7.1.6(1)(a)10.

Tablet, inscription, emblem or bulletin board for churches, schools, clubs, hospitals, religious or charitable institutions, not over 20 square feet in area, which must be placed at least five feet outside the right-of-way line of the highway.

16.

Accessory buildings and uses.

17.

One semi-tractor/trailer or commercial vehicles per parcel.

18.

Second farm residence located anywhere on the parent parcel does not require a lot split.

19.

Wind Electrical Generation Tower (WEGT), private. Any WEGT used, intended to be used or designed to provide electricity to a structure at the site of generation. Any WEGT shall be setback from the nearest property line a distance no less than its total height, unless appropriate easements are secured from properties within the fall zone. The height of a WEGT is measured from the ground to the tip of the blade when the blade is at its highest point. A WEGT shall be constructed in a self support fashion (lattice/mono pole). A detailed site analysis must be completed by a wind site assessor prior to the issuance of a zoning permit. The Town Board of the Town in which the WEGT is located shall be given the opportunity to review the site analysis prior to the issuance of a zoning permit. Site analysis shall include, but not be limited to, setbacks, location to residences, location to public and private airport/landing strips, other WEGTs, and Town recommendations.

20.

Short-term rental.

Some or all of the site plan review standards of 7.1.6(1)(a)9. may apply.

Occupancy of a short term rental may be limited by the private onsite wastewater treatment system.

21.

Bed and breakfast establishment.

Some or all of the site plan review standards of 7.1.6(1)(a)9. may apply.

Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2, only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Aircraft landing fields, basins, and hangers.

Contractor's storage yards.

Kennels, when located not less than 1,000 feet from any residential building other than that of the owner of such kennels, his agent, or employee.

Medical, correctional, or charitable institutions, when any building devoted wholly or partly to such uses or accessory thereto shall be distant not less than 100 feet from any residential building not on the same premises.

Migrant labor camps which meet the standards of local and state codes.

Mobile home parks, under the provisions established for mobile home parks in subsection 7.1.2(2).

Solid waste disposal sites, not including toxic or hazardous waste sites.

Shooting ranges (archery, rifle, pistol, skeet, trap, sporting clay and other firearms), provided as follows:

All premises used for shooting ranges shall be completely fenced with a legal fence, except for one point of entrance no more than 12 feet wide. Each such range shall be posted with warning signs, not more than 100 feet apart and fastened at the level of the top of such fence, but not more than six feet above the ground. Such warning sign shall be not less than two square feet in area and shall contain the words "Danger Shooting Range" in red on white background, the letters of such words to be not less than four inches high and maintained in legible condition at all times.

Ranges for skeet and trap shooting shall be restricted to the use of shot ammunition, unless such skeet and trap range is provided with screening and a barrier as required for rifle and pistol ranges.

Shooting stands on any shooting range shall be located not less than 1,000 feet from any residential building other than that of the owner of the premises, his agent or employee, and not less than 400 feet from any property line of such premises other than that line or those lines directly opposite to the direction of normal shooting shall be a planting screen equivalent to that required for mobile home parks in 7.1.2(2)(c)2.g. within the fence required above. Such planting screen shall extend at least from a point in line which the shooting stands to a point in line with the base of the barrier required by (e) below. If such barrier does not extend across the full width of the premises, the planting screen shall be extended, parallel to the base of the barrier, until a point is reached at which the height of the barrier and the ultimate required height of the planting screen are equal.

Ranges for rifle and pistol shooting with ball ammunition shall be so arranged as to provide a sod-faced barrier of earth or sand impenetrable by any missiles to be fired on such ranges. Such barrier shall be not less than 50 feet in height, measured from the base of the targets, and shall extend not less than 200 feet horizontally on either side of such targets. The Board of Adjustment may make exceptions to the specifications for the barrier based on a submitted plan and on their inspection of the site.

Every permit issued by the Board of Adjustment for a shooting range shall be a conditional permit. It shall be conditional for the granting of such permit and conditional for the continued operation of the shooting range to which it pertains that:

Required fences shall meet legal standards at all times.

Required signs shall comply with all regulations of this paragraph and shall be clearly legible at all times.

Required plantings shall be established, grown and maintained as specified in this paragraph.

Required barriers shall be maintained as specified in this paragraph.

Shooting and the handling of firearms on the premises shall be conducted in a safe and Orderly manner, so as not to constitute an undue hazard to persons either on or off the premises.

If, upon inspection, the Zoning Administrator determines that any of the above requirements are not being met at any time, he shall give notice to the owner or operator of the premises of a temporary suspension of operations for not more than 14 days, specifying in writing the grounds for such suspension. If such grounds for suspension have not been removed at the end of such period of 14 days or less, the Zoning Administrator may give notice of any indefinite suspension, and thereafter operations shall not be resumed except by permit from the Board of Adjustment, to be secured as if for a new operation.

Slaughterhouses, when located not less than 1,000 feet from any residential building other than that of the owner of the premises, his agent, or employee.

10.

Automobile wrecking yards, recycling yards, and salvage yards.

11.

Nonmetallic mining as defined in the Portage County Nonmetallic Mining Reclamation Ordinance.

12.

Home occupations when such occupations may be conducted anywhere on the premises for retail and/or and wholesale uses. If conducted out of the residence, not more than 50 percent of only one floor of the residence shall be used, there shall be no external alterations that would effect a substantial change in the residential character of the building, no more than two persons not members of the resident family residing on the premise, may be employed in such occupation.

13.

Dairies.

14.

Commercial fertilizer and/or chemical mixing plants.

15.

Sawmills.

16.

Asphalt and cement mixing plants.

17.

Dams, power plants and flowage areas.

18.

Two or more semi-tractors/trailers or commercial vehicles per parcel.

19.

Campgrounds.

20.

Schools, churches and cemeteries.

21.

Signs greater than six square feet.

22.

Zoological centers, zoos, housing of exotic animals.

23.

Wildlife and nature centers and associated buildings and uses.

24.

Private motorized vehicle(s) on established tracks/trails (e.g. moto-cross).

25.

Commercial stables and riding arenas.

26.

Recreational/educational camps.

27.

Wind Electrical Generation Tower (WEGT), Commercial. Any WEGT to be primarily used to produce electricity that will ultimately be sold and/or used not at the site of generation.

28.

Commercial recreational establishment.

29.

Agricultural event centers.

(d)

Height, Yards, Area, and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Area. Minimum lot area in this District for newly created lots shall be two acres, inclusive of road right-of-way. Land in Conservancy Zoning District can be utilized in the creation of a new lot as long as the minimum lot area is non-conservancy zoned.

Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area as follows:

If occupied or to be occupied for six months or longer in any one calendar year (year-round occupancy), the floor area shall not be less than 720 square feet.

If occupied or to be occupied for less than six months in any one calendar year (seasonal occupancy), the floor area shall not be less than 400 square feet. See subsection 7.1.6(10), "Floor Area".

Lot Width. Minimum lot width shall be 200 feet at the building line.

Side Yards. There shall be a ten-foot minimum setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See subparagraph 7.1.6(1)(e).

(2)

Conservancy District (CON).

(a)

Intent. This District is intended to identify, protect, and preserve lands that are environmentally unique, fragile, or important. Areas where this District is intended to be applied include, but are not limited to, wetlands and hydric soils, floodways as determined on the FEMA Flood Insurance Rate Maps, shorelines, natural drainage ways, steep slopes greater than 12 percent where appropriate, certain forested lands as designated by adopted Town Comprehensive Plan and Zoning maps, and certain parks and other publicly owned lands providing opportunities for recreation and management of wildlife habitat.

(b)

Use. The following uses are permitted:

The harvesting of wild crops, including the collection of sap.

Wildlife/nature centers, resource protection management practices and scientific research stations.

Utility and communication lines, towers, and related structures.

Public lands when owned by Federal or State government agencies, Portage County or municipality within the County, operated for the convenience and recreation of the public.

Noncommercial recreation trails.

The maintenance and repair of existing drainage systems, if part of a drainage district or approved by U.S. Natural Resources Conservation Service (NRCS), Wisconsin Department of Natural Resources (WDNR), or the Portage County Land Conservation Division.

Forestry management and silviculture including, but not limited to, timber harvesting, including pulpwood, selective cutting, cutting of firewood, tree plantations, Christmas tree farms, and removal of dead, dying, and diseased trees.

Ponds, excavations, and/or extractions (P/E/E); (Does not allow for nonmetallic mining)

Any P/E/E 10,000 square feet or less in total area, shall be allowed through issuance of a zoning permit.

Any P/E/E exceeding 10,000 square feet and less than one acre of total area shall be allowed through issuance of a zoning permit after approval of a detailed site/ grading plan to be submitted to the Portage County Land Conservation Division.

Any P/E/E one acre or larger in total area shall be allowed through issuance of a zoning permit, after approval of a detailed site/grading plan to be submitted to the Portage County Land Conservation Division.

The applicant shall contact the U.S. Army Corps of Engineers (US-ACOE) and/or the Wisconsin DNR for project approval if P/E/E is located near wetlands and/or shorelands. The applicant shall contact the Portage County Drainage District Commission for project approval if P/E/E is located within the Portage County Drainage District. These approvals will need to be on file with the Planning and Zoning Department before a zoning permit can be issued.

Grazing, subject to a plan of operations approved and on file with the Portage County Land Conservation Division.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section, particularly items a. and b. of Subparagraph 7.1.6(2)(a)2, only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Public recreational facilities such as fixed structures, athletic fields, trails, natural areas and associated infrastructure operated by the Portage County Parks Department or local entity.

Nonresidential buildings and structures used in conjunction with the raising of wildlife and fish, and the practice of forestry, including buildings and structures used for research in or the rehabilitation of natural resources.

Boat landings.

Temporary sawmills for a period of less than 12 months in any one calendar year.

Hydro-electric power stations, dams and other structures for the use or control of flowing water.

(d)

Height, Yards, Area, and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Area. There is no minimum district size due to the application of this zoning district to land features independent of lot lines. The minimum lot area in this District shall be two acres exclusive of road right-of-way for the purposes of lot creation or conveyance.

Side Yards. There shall be a 25-foot minimum setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

(3)

Recreational District (REC).

(a)

Intent. This District is intended to provide for a combination of residential and recreational development of a seasonal and year-round nature. It is the County's policy to no longer utilize the Recreational District for new development and it has been retained in this section only to accommodate older, preexisting uses remaining with this District.

(b)

Uses. The following uses are permitted:

Any uses allowed in the R2 Single Family Residence District.

Seasonal Single Family Dwelling.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Accessory building(s) exceeding the maximum square footage, (see section 7.1.2(1)(b)4.

Accessory building(s) exceeding the maximum height at roof peak and maximum side wall height set forth in section 7.1.2(1)(b)4.

Recreation camps, when each such camp shall have been approved in writing by the Board of Adjustment, after public hearing. Such camps shall meet the following requirements:

There shall be a yard on each side of any such recreation camp, except that no such yard shall be required along that part of a camp which fronts on a lake or stream; provided that the highway and water line setbacks established by the regulations of subsection 7.1.6(6) shall be observed by all buildings and structures to which such setbacks apply. Each such yard shall be not less than 50 feet wide, provided that all camping units or fraction thereof by which such recreation yard may be reduced half the width of any street upon which such yard abuts but in no case to less than 25 feet. It shall be a condition of the granting of the permit for any such recreation camp, and a continuing condition for the same, that the natural vegetation of the area, including grasses, flowers, shrubs and trees, but not including noxious plants, or that vegetation of equivalent density to be planted therein, so as to provide a natural screen between such camp and neighboring residential areas and so that required yards shall be unused and unusable for the general purposes of such camps.

Off-street parking shall be provided on the premises of each such recreation camp, but not in any required yard, equal to not less than one parking space for each camping unit, plus one additional parking space for each motor vehicle operated in connection with such camp.

Schools, churches and cemeteries.

(d)

Height, Yards, Area, and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed the height of 35 feet. See paragraph 7.1.6(1)(c).

Floor Area. Building used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area as follows:

If occupied or to be occupied for six months or more in any one calendar year (year-round occupancy), the floor area shall be not less than 720 square feet.

If occupied or to be occupied for less than six months in any one calendar year (seasonal occupancy), the floor area may be not less than 400 square feet. See subsection 7.1.6(10), "Floor Area"

Lot Area. Buildings used in whole or in part for single family dwelling purposes shall have a lot area and width as required by the regulations of subsection 7.1.2(1)(d)3.

Lot Width. Minimum lot width shall be 100 feet at the building line.

Side Yards. There shall be a ten-foot minimum setback from the side yard.

Rear Yards. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

(4)

Exclusive Agricultural District (A1).

(a)

Intent. It is the intent of this District to:

Preserve productive farmlands, particularly where such lands exist in large blocks, including nonproductive lands, where necessary to maintain this strategy.

Maintain agriculture as a major component of the County's economy.

Minimize conflicts between farm and nonfarm activities.

Avoid urban sprawl and the associated public costs.

Allow farmers to participate in the working lands initiative.

Allow farm related housing and limited nonfarm housing, in appropriate locations, at very low densities.

Compliance with Wis. Stats. ch. 91.

(b)

Uses. The following uses are permitted:

Beekeeping.

Cranberry production.

Dairy farming.

Floriculture.

Feedlots.

Poultry raising and/or egg production.

Livestock raising and pasture lands (including but not limited to beef, swine, sheep, goats, etc.).

Orchards.

Noncommercial stables, equestrian trails and paddocks (small field where horses are exercised).

10.

Plant nurseries.

11.

Raising of tree fruits, nuts, and berries.

12.

Raising of grain, grasses, mint, and seed crops.

13.

Sod farming.

14.

Vegetable raising.

15.

Viticulture (vineyards).

16.

Forest products and tree farms.

17.

Roadside stands not exceeding one per farm.

18.

Ponds, excavations, and/or extractions (P/E/E), [See section 7.1.3(1)(b)6]. Incidental to the agricultural uses provided in this section. (Does not allow for nonmetallic mining)

19.

Temporary sawmills for a period of less than 12 months in any calendar year.

20.

Lands not being actively farmed which have prime agricultural potential and which comply with the intent and use provisions of this section.

21.

Agriculturally related residences.

The only residences allowed as permitted uses are those which are to be occupied by a person who, or a family at least one member of which, earns a majority of his or her livelihood from the farm operation. No lot split shall be required for a second farm residence located anywhere on any operating farm subject to setback, height, and other dimensional requirements. Permitted residences shall also include those of parents or children of the farm family whether such parents or children are engaged in farming or not. Such residences shall be located on a separate parcel which meets the minimum lot area width requirement of the general Agricultural District.

Preexisting. Those residences preexisting on the effective date of this section may be continued in residential use and shall not be considered nonconforming uses per Wis. Stats. § 59.69(10). Such preexisting residences may be altered, repaired or rebuilt, but are subject to the setback, height and other dimensional requirements. Such residences may be occupied by any person for farm or nonfarm residential purposes, provided that the dwelling remain in single family residential use.

22.

Accessory buildings and uses.

23.

Signs as specified in section 7.1.3(1)(b)15.

24.

Home occupations and professional offices as specified in section 7.1.2(1)(b)6. and 7.

25.

One semi-tractor/trailer or commercial vehicle per parcel.

26.

Game farms, fish farms, and associated uses.

27.

Single family residences on preexisting parcels less than 20 acres.

28.

Wind Electrical Generation Towers (WEGT), private. Any WEGT used, intended to be used or designed to provide electricity to a structure at the site of generation. [See section 7.1.3(1)(b)19.]

29.

Short-term rental.

Some or all of the site plan review standards of section 7.1.6(1)(a)9. may apply.

Occupancy of a short term rental may be limited by the private onsite wastewater treatment system.

30.

Bed and breakfast establishment.

Some or all of the site plan review standards of section 7.1.6(1)(a)9. may apply.

Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Non-farm residences created as the result of farm consolidation.

Housing for farm laborers not permitted in the principal use section.

Migrant labor camps which meet the standards of local and state codes.

Livestock sales facilities.

Veterinary services for farm animals.

Commercial fish and fur farming.

Dairies.

Commercial fertilizer and/or chemical mixing plants.

Greenhouses.

10.

Land restoration.

11.

Sewage disposal plants.

12.

Aircraft landing fields, basins, and hangers for agricultural purposes and for personal uses.

13.

Utility and communication lines and towers including related structures.

14.

Home occupations when such occupations may be conducted anywhere on the premises for retail uses and manufacturing, assembly and artisan. If conducted out of the residence, not more than 25 percent of only one floor of the dwelling shall be used, there shall be no external alterations that would effect a substantial change in the residential character of the building, and that no more than two persons not members of the resident family may be employed in such occupations.

15.

Two or more semi-tractors trailers or commercial vehicles per parcel.

16.

One residence per 35 acres except as provided in 7.1.3(4)(b)21.a.

17.

Farm related buildings or uses on parcels less than 35 acres.

18.

Signs greater than six square feet.

19.

Wind Electrical Generation Tower (WEGT), Commercial. Any WEGT to be primarily used to produce electricity that will ultimately be sold and/or used not at the site of generation.

20.

Contractor Storage Yards.

(d)

Height, Yards, Areas, and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Area (Farm Site). Buildings used in whole or in part for dwellings shall be located on a lot having a minimum of 35 acres.

Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area of 720 square feet. See subsection 7.1.6(10), "Floor Area".

Lot Width. Minimum lot width shall be 200 feet at the building line.

Side Yard. There shall be a 25-foot minimum side setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard

Setback Lines. See subparagraph 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See subparagraph 7.1.6(1)(e).

(5)

Agricultural Transition District (A2).

(a)

Intent. This District is intended to provide for a broad range of rural oriented land uses including agriculture, forestry and open space. It is further intended that this District be used to preserve the rural character of certain outlying areas of Portage County, where only large lot residential development is desirable, particularly where identified in locally adopted Comprehensive Plans.

(b)

Uses. The following uses are permitted:

Any use allowed in the A4 General Agricultural District.

(c)

Any use listed as a special exception in the A4 General Agricultural District.

(d)

Heights, Yards, Area and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Area. Minimum lot area in this District shall be ten acres for newly created lots. For this District only, road rights-of-way may be included in the lot area calculation. In lieu of the required minimum acreage (including contiguous land under same ownership), exceptions will be permitted in order to allow one remnant lot of substandard size per quarter-quarter section or government lot; however, in no case shall such remnant lot be created which is less than seven acres in size, including road rights-of-way. Land in Conservancy Zoning District can be utilized in the creation of a new lot as long as two acres is non-conservancy zoned.

Open Space Option. For developments which use the open space design option of the Portage County Subdivision, minimum lot area shall be two acres, provided the provisions of section 7.4, subdivision are followed.

Lot Averaging Option. See section 7.4 of the subdivision.

Floor Area. See A4 General Agricultural District.

Lot Width. Minimum lot width shall be 200 feet wide at the building line.

Side Yards. There shall be a 25-foot minimum setback from each side yard.

Rear Yards. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subparagraph 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

(6)

Low Density Agricultural District (A3).

(a)

Intent. This District is intended to provide for a broad range of rural-oriented land uses including agriculture, forestry and open space. It is further intended that this District be used to preserve the rural character of certain outlying areas of Portage County, where only large lot residential development is desirable, particularly where identified in locally adopted comprehensive plans.

(b)

Uses. The following uses are permitted:

Any use allowed in the A4 General Agricultural District.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Any uses listed as special exception in the A4 General Agricultural District.

(d)

Heights, Yards, Area And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See subsection 7.1.6(1)(c).

Lot Area. Minimum lot area in the District shall be five acres for newly created lots, inclusive of road right-of-way. The five acres may not include any right-of-way dedicated and owned by the Federal, State, County, or local government as part of their road system. Land in Conservancy Zoning District can be utilized in the creation of a new lot as long as two acres is non-conservancy zoned.

Open Space Design Option. For developments which use the section 7.5 open space design option of the Portage County Code of Ordinances, minimum lot area shall be two acres, provided the provisions of section 7.4 of the subdivision are followed.

Lot Averaging Option. See section 7.4 of the subdivision.

Floor Area. See A4 General Agricultural District.

Lot Width. Minimum lot width shall be 200 feet at the building line.

Side Yards. There shall be a 25-foot minimum setback from each side yard except for existing lots of record, on which structures shall as nearly as possible meet this requirement, but not less than the side yard setbacks prior to rezoning.

Rear Yards. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See subsection 7.1.6(1)(e).

(7)

Primary Agricultural District (A20).

(a)

Intent. This district is intended to preserve the integrity of agriculture in Portage County. This district applies to agricultural lands that have long-term significance for the production of food or other agricultural products, but would not be considered prime agricultural land and thus not qualified for A1, Exclusive Agricultural District designation. This district should encompass concentrated farming regions, to promote long-term viability of agricultural operations and support services. Permanent new construction within this district should not conflict with farming and should have a scale compatible with an active farming district.

(b)

Uses. The following uses are permitted:

Agriculturally related residences.

Residences occupied by a person who, or a family where at least one member of which, earns a majority of his or her livelihood from the farm operation the residence is located on. No lot split shall be required for a second farm residence located anywhere on any operating farm subject to setback, height, and other dimensional requirements.

Single width manufactured homes and/or mobile homes 20 feet wide or less shall not be greater than ten years old unless approved by the Town Board.

Non-agriculturally related residences, provided that;

Each application includes a scaled drawing indicating the location of the proposed dwelling to the surrounding farms;

The dwelling is sited on that portion of the lot which separates it as much as possible from adjacent farming, including minimizing the length of property lines shared by the residential lot and actively farmed lands;

The dwelling and its lot are located on the least productive farmland wherever practical;

The dwelling is sited on the smallest practical area to satisfy the requirements of this section and on-site sewage disposal regulations;

Single width manufactured homes and/or mobile homes 20 feet wide or less shall not be greater than ten years old unless approved by the Town Board.

Preexisting residences. Those residences preexisting on the effective date of this section may be continued in residential use and shall not be considered nonconforming uses per Wis. Stats. § 59.69(10). Such preexisting residences may be altered, repaired or rebuilt, but are subject to the setback, height and other dimensional requirements. Such residences may be occupied by any person for farm or nonfarm residential purposes, provided that the dwelling remain in single family residential use.

Beekeeping.

Cranberry production.

Dairy farming.

Floriculture.

Fish and game management, including fish and game farms.

Greenhouses and plant nurseries.

10.

Poultry raising and/or egg production.

11.

Livestock raising and pasture lands (including but not limited to beef, swine, sheep, goats, etc.).

12.

Orchards.

13.

Noncommercial stables, riding arenas, equestrian trails and paddocks (small field where horses are exercised).

14.

Plant nurseries.

15.

Raising of tree fruits, nuts, and berries.

16.

Raising of grain, grasses, mint, and seed crops.

17.

Sod farming.

18.

Vegetable raising.

19.

Vegetable warehouses.

20.

Viticulture (vineyards).

21.

Forest management, Christmas tree farms and sales.

22.

Roadside stands not exceeding one per farm.

23.

Ponds, excavations, and/or extractions (P/E/E), [See section 7.1.3(1)(b)6.]. Incidental to the agricultural uses provided in this section. (Does not allow for nonmetallic mining)

24.

Temporary sawmills for a period of less than 12 months in any calendar year.

25.

Accessory buildings and uses.

26.

Signs as specified in section 7.1.3(1)(b)15.

27.

Home occupations and professional offices as specified in 7.1.2(1)(b)6. and 7.

28.

One semi-tractor/trailer or commercial vehicle per parcel.

29.

Wind Electrical Generation Tower (WEGT), private. Any WEGT used, intended to be used or designed to provide electricity to a structure at the site of generation. [See section 7.1.3(1)(b)19.]

30.

Short-term rental.

Some or all of the site plan review standards of section 7.1.6(1)(a)9. may apply.

Occupancy of a short term rental may be limited by the private onsite wastewater treatment system.

31.

Bed and breakfast establishment.

Some or all of the site plan review standards of section 7.1.6(1)(a)9. may apply.

Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Non-farm residences created as the result of farm consolidation, where lot density is greater than allowed by section 7.1.3(7)(d)3.

Housing for farm laborers not permitted in the principal use section.

Migrant labor camps which meet the standards of local and state codes.

Livestock sales facilities.

Veterinary services for farm animals.

Commercial fish and fur farming.

Dairies.

Feedlots.

Commercial fertilizer and/or chemical mixing plants.

10.

Greenhouses.

11.

Land restoration.

12.

Sewage disposal plants.

13.

Landing fields for agricultural purposes and for personal uses.

14.

Utility and communication lines and towers including related structures.

15.

Home occupations when such occupations may be conducted anywhere on the premises for retail uses and manufacturing, assembly and artisan. If conducted out of the residence, not more than 25 percent of only one floor of the dwelling shall be used, there shall be no external alterations that would effect a substantial change in the residential character of the building, and that no more than two persons not members of the resident family may be employed in such occupations.

16.

Two or more semi-tractors/trailers or commercial vehicles per parcel.

17.

Kennels, when located not less than 1,000 feet from any residential building other than that of the owner of such kennels, his agent, or employee.

18.

Slaughterhouses, when located not less than 1,000 feet from any residential building other than that of the owner of the premises, his agent, or employee.

19.

Sawmills.

20.

Dams, power plants and flowage areas.

21.

Signs greater than six square feet.

22.

Commercial stables and riding arenas.

23.

Wind Electrical Generation Tower (WEGT), Commercial. Any WEGT to be primarily used to produce electricity that will ultimately be sold and/or used not at the site of generation.

24.

Contractor storage yards.

(d)

Height, Yards and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Area. Minimum lot area in this District shall be 20 acres for newly created lots. For this District only, road rights-of-way may be included in the lot area calculation. In lieu of the required minimum acreage (including contiguous land under same ownership), exceptions will be permitted in order to allow one remnant lot of substandard size per quarter-quarter section or government lot, however, in no case shall such remnant lot be created which is less than 17 acres in size, including road rights-of-way. Land in the Conservancy Zoning District can be utilized in the creation of a new lot as long as two acres is non-conservancy zoned.

Open Space Design Option. For developments which use section 7.5 open space design option of the Portage County Code of Ordinances, minimum lot area shall be two acres, provided the provisions of section 7.4 of the subdivision are followed.

Lot Averaging Option. See section 7.4 of the subdivision.

Lot Width. Minimum lot width shall be 200 feet at the building line.

Side Yard. There shall be a 25-foot minimum side setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subparagraph 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See subparagraph 7.1.6(1)(e).

(8)

Rural Limited District (Rl).

(a)

Intent. To guide the use of rural lands that are not primarily agricultural or residential in nature, and to promote forestry uses, protect environmentally sensitive land, and to provide guidelines for development. Lands with a land use classification of "Natural Areas—Limited" are often, but not exclusively, assigned this zoning district.

These guidelines are intended to safeguard sensitive lands and open space goals while allowing limited development. The district shall be utilized to:

Maintain large contiguous tracts of forested lands.

Allow limited non-agricultural development.

Buffer unique ecological, geological, scenic, and other areas or features of interest worthy of preservation.

Provide public or private recreational opportunities for enjoyment of natural areas.

Protect threatened and endangered species, locally rare or vanishing species of plant and animal life, and to allow for research and study of unique ecological communities and the natural environment.

Provide a connection, where appropriate, between Conservancy Zoning Districts to create wildlife corridors by using limited areas of land to protect wildlife movement between natural areas, even if the land is not completely natural or undisturbed.

Improve water quality protection.

(b)

Uses. The following uses are permitted:

Private noncommercial recreational uses and facilities including, but not limited to, fixed structures, athletic fields, trails, camping, natural areas and associated infrastructure operated by a private entity or individual for the convenience and recreation of the public.

Public recreational uses and facilities including, but not limited to, fixed structures, athletic fields, trails, camping, natural areas and associated infrastructure operated by Federal or State governmental agencies, Portage County, or local governmental entities within the County.

Forestry management and silviculture including, but not limited to, the production of dimensioned lumber, the harvesting of timber and pulpwood, selective cutting, cutting of firewood, tree plantations, Christmas tree farms, and removal of dead dying, and diseased trees.

Non-commercial stables, equestrian trails and paddocks (small fields where horses are exercised).

Fruit, nuts, berries, and bough production and sales.

Maple syrup production and sales.

Orchards and vineyards.

Private greenhouses and plant nurseries.

Preexisting agricultural uses prior to adoption of this section.

10.

Roadside stands not exceeding one per ownership.

11.

Single-family dwellings, defined for purposes of this subsection only, as detached buildings being a minimum width of 20 feet designed for and occupied exclusively by one family, provided the creation of five or more residential lots within a five-year period shall be reviewed by the Planning and Zoning Committee.

12.

Fish and wildlife management.

13.

Accessory buildings and uses.

14.

Home occupations and professional offices within a residence, as specified in section 7.1.2(1)(b)6. and 7.

15.

One sign to advertise products produced or services provided on the premises, consistent with the specifications in 7.1.3(1)(b)15.

16.

One semi-tractor/trailer or commercial vehicle per parcel.

17.

Wind Electrical Generation Tower (WEGT), Private. Any WEGT to be primarily used to provide electricity to a structure at the site of generation.

18.

Camping units (see general provisions and exceptions sections 7.1.6(1)(a)13., 16., and 17.

19.

Ponds, excavations, and/or extractions (P/E/E) [See section 7.1.3(1)(b)6.] (Does not allow for nonmetallic mining).

20.

Short-term rental.

Some or all of the site plan review standards of section 7.1.6(1)(a)9. may apply.

Occupancy of a short term rental may be limited by the private onsite wastewater treatment system.

21.

Bed and breakfast establishment.

Some or all of the site plan review standards of section 7.1.6(1)(a)9. may apply.

Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors including without limitation because of enumeration: smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets, and other safety and health factors; such uses hall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

New and/or expanded general agriculture, including, but not limited to, dairying, vegetable production, livestock, and poultry raising, hobby farms and other agriculturally oriented enterprises or uses. No greenhouses or buildings for the housing of livestock, poultry, fowl, rabbits, swine, horses, and/or other ungulates, shall be located within 100 feet of any boundary of a residential lot other than that of the owner or lessee of such greenhouse or building containing such livestock or poultry.

Boat landings.

Sawmills.

Commercial yardage and storage of forest products from multiple landowners for wholesale.

Dry sail marina.

Home occupations where such occupations may be conducted anywhere on the premises for retail uses and manufacturing, assembly, and artisan. If conducted inside of the residence, not more than 25 percent of only one floor of the dwelling shall be used. There shall be no external alterations that would affect a substantial change in the residential character of the building, and no more than two persons, not members of the family, may be employed in such occupations.

Single width manufactured homes and/or mobile homes less than 20 feet wide and less than ten years of age unless approved in writing by the Town Board.

Retail sales of nursery stock/seed.

Commercial game, fish, or fur operations.

10.

Commercial recreation.

11.

Commercial riding stables and riding arenas.

12.

Two or more semi-tractors/trailers or commercial vehicles per parcel.

13.

Wind Electrical Generation Tower (WEGT), Commercial. Any WEGT to be primarily used to provide electricity that will be sold and/or used off site.

14.

Utilities and communication lines and towers and related structures.

15.

Hydroelectric power stations, dams, and other structures for the use or control of flowing water.

(d)

Height, Yards, Areas, and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Area. There is no minimum district size due to possible application of this District as a buffer to land features independent of lot lines. The minimum lot area will reflect Town policy as stated in the Town Comprehensive Plan when a clear and expressly stated minimum lot area has been established for the Zoning District specifically associated with the Natural Areas—Limited land use category. The default minimum for Towns not having a stated minimum lot area for this District shall be ten acres, inclusive of right-of-way.

The alternate Town minimum lot area must be the same as one of the accepted Portage County Zoning District minimum lot areas of two, five, ten, 20, or 35 acres. Land in the Conservancy Zoning District can be utilized in the creation of a new lot as long as two acres is non-conservancy zoned.

The lot averaging option of the Portage County Subdivision, if authorized for use by the Town Board governing the land in question, may allow for the creation of a smaller lot size, provided the provisions of section 7.4 Portage County Subdivision are followed.

Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area as follows:

If occupied or to be occupied for six months or longer in any one calendar year (year-round occupancy), the floor area shall not be less than 720 square feet.

If occupied or to be occupied for less than six months in any one calendar year (seasonal occupancy), the floor area shall not be less than 400 square feet. See subsection 7.1.6(10), "Floor Area".

Lot Width. Minimum lot width shall be 200 feet at the building line.

Side Yard. There shall be a 25-foot minimum side setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subparagraph 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See subparagraph 7.1.6(1)(e).

7.1.4 - Business Districts.

(1)

Marina District (C2).

(a)

Intent. This District is intended to provide for a limited range of water oriented commercial activities. It is the County's policy to no longer utilize the Marina District for new development and it has been retained in this section only to accommodate older, preexisting uses remaining within this District.

(b)

Uses. In the Marina District, no building or premises shall be used and no building shall hereafter be erected, moved or structurally altered, unless otherwise provided in this section, except for one or more of the following uses:

Boat launching areas.

Boat liveries, including boat storage, sale of boats, motors, fuel, marine supplies and the servicing of the boats and motors, but not the manufacture of boats or motors.

Food, gifts, notions or variety stores.

Restaurants, drive-in services.

Sale of bait and sporting goods and supplies.

Taverns.

Residences of owners or operators when attached to one of the above permitted uses.

Accessory uses and buildings.

Signs per section 7.1.4(4)(b)14.

10.

Sexually oriented businesses as defined in section 2.4 of the Portage County Code of Ordinances.

11.

Ponds and/or excavations incidental to the District's use, not exceeding 10,000 square feet total area (e.g. one 10,000 square feet pond and/or excavation, or two 5,000 square feet ponds and/or excavations, etc.). Excavated materials must remain on the property unless a plan for their removal is approved by the Planning and Zoning Staff.

(c)

Height, Yards Area And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Floor Area. Buildings used for residential purposes shall comply with section 7.1.2(1)(d)2., otherwise there shall be no minimum floor area for this District.

Lot Area. Buildings used for residential purposes shall comply with the lot area regulations of Subsection 7.1.2(1)(d)3., otherwise there shall be no minimum lot area for this District.

Lot Width. Buildings used for residential purposes shall comply with 7.1.2(1)(d)4., otherwise there shall be no minimum lot width for this District.

Side Yards. There shall be a six-foot minimum setback from each side yard. No such side yard shall be less than six feet wide, except that any side yard abutting a side lot line of a lot in a residence district, and not separated by a street or alley, shall be a setback not less than ten feet.

Rear Yard. There shall be a 12-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

Any use permitted in this section will require a stormwater control plan to be approved by the Land Conservation Division (per the Wisconsin Construction Site Best Management Practice Handbook) before a zoning permit is issued.

(2)

Commercial District (C3).

(a)

Intent. It is the intent of this District to provide appropriate areas for medium-scale commercial uses, which serve a community wide area. This District is not intended to be applied in immediate proximity to existing or planned concentrations of single family residential development, where land use conflicts are likely to occur. This District is not intended to be applied where access would be provided via roadways designated as "local" roads on the Portage County Functional Classification Rural System Map.

(b)

Use. In the Commercial District, no building or premises shall be used and no building shall hereafter be erected, moved or structurally altered, unless otherwise provided in this section, except for one or more of the following uses:

All uses listed in this District shall have a maximum floor area of 15,000 square feet.

Residences of owners or operators when attached to one of the permitted uses listed below.

Any use permitted in the Marina District.

Art shop, antique shop.

Bakery employing not over five persons on the premises.

Bank, savings and loan or other financial institutions.

Barber shop, beauty parlor.

Book and stationery store, newsstand, card/novelty shop.

Bowling alleys.

10.

Bus depot.

11.

Business and professional offices.

12.

Clothing store, department store, shoe store, shoe repair shop.

13.

Clubs and lodges.

14.

Drug stores, soda fountains, soft drink stands.

15.

Florist shop, greenhouse.

16.

Food products, retail fruit and vegetable store, grocery store, meat and fish market, supermarket.

17.

Funeral homes.

18.

Furniture store, appliances, office equipment, upholstering.

19.

Hardware, household appliances, plumbing, heating and electrical supplies, sporting goods.

20.

Hotel, motel.

21.

Jewelry store.

22.

Laundry, cleaning and dyeing establishment.

23.

Music, radio and television store, record shop.

24.

Paint store, interior decorator.

25.

Parking lot.

26.

Photographer, photography supply shop.

27.

Printing and duplicating.

28.

Private vocational schools, conducted for profit.

29.

Public utility office or substation, telephone exchanges.

30.

Radio and television broadcasting studio, tower, mast or aerial, microwave radio relay structures.

31.

Restaurant, cafe, tavern.

32.

Signs, billboards, sign painting shops.

33.

Theater, except drive-in theaters.

34.

Other retail uses similar in character to those listed in this section.

35.

Manufacturing or storage in connection with any of the above uses, when clearly incidental to the conduct of a retail business on the premises.

36.

Mini-warehousing.

37.

Sports complexes.

38.

Sexually oriented businesses as defined in section 2.4 of the Portage County Code of Ordinances.

39.

Wind Electrical Generation Tower (WEGT), private. Any WEGT used, intended to be used or designed to provide electricity to a structure at the site of generation. Any WEGT shall be setback from the nearest parcel line a distance no less than its total height, unless appropriate easements are secured from properties within the fall zone. The height of a WEGT is measured from the ground to the tip of the blade with the blade is at its highest point. A WEGT shall be constructed in a self support fashion (lattice/mono pole). A detailed site analysis must be completed by a wind site assessor prior to the issuance of a zoning permit. The Town Board of the Town in which the WEGT is located shall be given the opportunity to review the site analysis prior to the issuance of a zoning permit. Site analysis shall include, but not limited to, setbacks, location to residences, location to public and private airport/landing strips, other WEGTs, and Town recommendations.

40.

41.

Sales of agricultural products, equipment, and/or associated merchandise.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Permitted uses greater than 15,000 square feet.

Animal hospital, pet shop, veterinary.

Dance halls, skating rinks.

Feed and seed stores.

Go-kart and other similar race tracks.

Lumber yards.

Bed and breakfast establishments.

Gas stations, garages and vehicular towing services.

Car washes, whether independently operated or part of a convenience store.

10.

Wind Electrical Generation Tower (WEGT), Commercial. Any WEGT to be primarily used to produce electricity that will ultimately be sold and/or used not at the site of generation.

11.

Ponds and/or excavations incidental to uses in this District exceeding 10,000 square feet of total area. Excavated materials must remain on the property unless a plan for their removal is approved by the planning and zoning staff.

(d)

Height, Yards, Area And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 45 feet. See paragraph 7.1.6(1)(c).

Floor Area. Buildings used in whole or part for dwelling purposes, as opposed to accommodations for transients, shall have a floor area as required by the regulations of subsection 7.1.2(2)(d)2.

Lot Area. Buildings used for residential purposes shall comply with the lot area regulations of subsection 7.1.2(1)(d)3., otherwise there shall be no minimum lot area for this District.

Lot Width. Buildings used for residential purposes shall comply with section 7.1.2(1)(d)4., otherwise there shall be no minimum lot area for this District.

Side Yards. There shall be a six foot minimum setback from each side yard. No such side yard shall be less than six feet wide, except that any side yard abutting a side lot line of a lot in a residence district, and not separated wherefrom by a street or alley, shall be setback not less than ten feet.

Rear Yard. There shall be a 12-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

Any use permitted in this section will require a stormwater control plan for the site, approved by the Portage County Land Conservation Division (per the Wisconsin Construction Site Best Management Practice Handbook), on file with the Planning and Zoning Department as part of the zoning permit application and review process.

(3)

Highway Commercial District (C4).

(a)

Intent. It is the intent of this District to provide appropriate areas for large scale commercial uses, which serve a county-wide or larger regional area. Such uses shall be those generating large traffic volumes and/or requiring visibility and convenient access to major highways. This District is not intended to be applied where access would be provided via roadways designated as minor collectors or local roads on the Portage County Functional Classification Rural System Map. Furthermore, this District is not intended to be applied in close proximity to existing or planned concentrations of single family residential development, where land use conflicts are likely to occur.

(b)

Uses. The following uses are permitted:

Automobile, truck, agricultural implement and equipment, motorcycle, snowmobile and other vehicle showrooms, sales, and repairs.

Bowling alleys and dance halls.

Bus and truck terminals.

Contractor businesses and related storage yards.

Drive-in theaters.

General farming.

Greenhouses, landscaping contractors.

Hotels and motels.

Lumber yards.

10.

Modular, manufactured, mobile homes and recreational vehicle storage and sales.

11.

Public and municipal buildings, including repair, storage, maintenance of equipment.

12.

Restaurants, taverns and drive in-restaurants.

13.

Shopping centers, malls.

14.

On-premises signs as follows:

Two square feet of sign area shall be allowed per one lineal foot of lot frontage, with a maximum allowable area of signs not to exceed 500 square feet.

A minimum allowable area of signs shall be 200 square feet.

Each lot shall be allowed two free-standing signs, with a maximum square footage of 200 square feet for one side of the sign, not to exceed the allowable limit listed in (a) and (b).

Up to five square feet of sign area advertising credit card services is allowed for each business or group of buildings on the same premises, in addition to the requirements of this section.

The height of any sign shall not exceed 30 feet measured from natural grade to the top of the sign.

Temporary signs, which include illuminated and/or flashing signs that can be rented and readily moved, may be allowed for a maximum time of 30 days and for a onetime basis only. Such signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals or devices.

Signs exempt from this section:

Gasoline price signs.

Signs required by federal, state or local laws.

Signs for traffic or parking regulations.

Signs pertaining to the lease or sale of a building or property.

Construction signs.

Signs, plaques, imprinted or cut surfaces showing the name of the building, date of building erection or similar non-advertising kinds of information.

Small directional or regulatory signs or figures as required by a business to inform, direct or regulate pedestrian and/or vehicular traffic out of or about the property on which they are located.

15.

Single family residences provided said residence is an accessory use subsequent to a "permitted use" of this zone and provided that such residence is a physical part of the permitted use structure.

16.

Utility substation, transmission lines, etc.

17.

Warehousing/mini-warehousing.

18.

Accessory buildings and uses clearly incidental to the commercial use of the property, provided, however, that no accessory building may be used as a dwelling unit.

19.

Off-premises signs as follows;

Signs shall not exceed 30 feet measured from natural grade to the top of the sign.

Signs up to 300 square feet.

20.

Sexually Oriented Businesses as defined in section 2.4 of the Portage County Code of Ordinances.

21.

Wind Electrical Generation Tower (WEGT), private. Any WEGT used, intended to be used or designed to provide electricity to a structure at the site of generation. Any WEGT shall be setback from the nearest parcel line a distance no less than its total height, unless appropriate easements are secured from properties within the fall zone. The height of a WEGT is measured from the ground to the tip of the blade when the blade is at its highest point. A WEGT shall be constructed in a self support fashion (lattice/mono pole). A detailed site analysis must be completed by a wind site assessor prior to the issuance of a zoning permit. The Town Board of the Town in which the WEGT is located shall be given the opportunity to review the site analysis prior to the issuance of a zoning permit. Site analysis shall include, but not limited to, setbacks, location to residences, location to public and private airport/landing strips, other WEGTs, and Town recommendations.

22.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Business services.

General retail uses.

Mobile home parks.

On-premises signs as follows:

Signs greater than 30 feet in height.

Sign area greater than 500 square feet.

Professional offices.

Campgrounds.

Race tracks.

Off-premise signs as follows;

Signs greater than 30 feet in height.

Sign area greater than 300 square feet.

Gas stations, garages, and vehicular towing services.

10.

Car washes, whether independently operated or part of a convenience store.

11.

Sports complexes.

12.

Machining and/or fabricating facilities.

13.

Wind Electrical Generation Tower (WEGT), Commercial. Any WEGT to be primarily used to produce electricity that will ultimately be sold and/or used not at the site of generation.

14.

Asphalt and concrete recycling facilities.

15.

(d)

Height, Yards, Area And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 80 feet.

Floor Area. Buildings used in whole or part for dwelling purposes, as opposed to accommodations for transients, shall have a floor area as required by the regulations of subsection 7.1.2(2)(d)2.

Lot Area. There shall be a minimum lot area of 20,000 square feet.

Lot Width. Minimum lot width shall be 100 feet wide at the building line.

Side Yards. There shall be an eight-foot minimum setback from each side yard on any lot development for commercial or industrial uses. Such side yard shall be permanently maintained in grass, shrubs or trees and shall not be used for parking, storage, or driveways.

Rear Yard. There shall be a 12-foot minimum setback from the rear yard on any lot developed for commercial or industrial use. Such yard shall be permanently maintained in grass, shrubs or trees and shall not be used for parking, storage, or driveways.

Screening. Open parking and storage areas except for sale display merchandise shall be reasonably screened with either natural plant material which would have a mature height of at least four feet or fences or earthen berms at least four feet high.

Setback Lines. There shall be setback lines along abutting highways as required by the provisions of subsection 7.1.6(1)(d)6. and 7.1.6(6).

Off-Street Parking. See paragraph 7.1.6(1)(e).

10.

(4)

Neighborhood Commercial District (C1).

(a)

Intent. It is the intent of this District to provide appropriate areas for small scale commercial uses, which serve a limited, neighborhood area. Land use and aesthetic compatibility of such businesses with existing or planned residential development, on adjacent lands, shall be emphasized.

(b)

Uses. The following uses are permitted:

All uses listed in this subsection shall have a maximum floor area of 3,000 square feet.

Bakery, meat market, frozen food storage.

Barber and beauty shop.

Beer and liquor store.

Branch banks, savings and loan institutions and credit unions.

Drug store.

Flower shops, garden shops, lawn shops, and greenhouses.

Hardware and general merchandise stores.

Professional and business offices excluding veterinary offices and not including sales, storage, fabrication, etc.

10.

Restaurant, cafe, not including drive-in restaurants.

11.

Retail grocery and convenience goods store, not dispersing petroleum products or car washes.

12.

Single family dwellings, not including residences less than 20 feet wide.

13.

Accessory buildings and uses, including private garages, and buildings clearly incidental to the commercial use of the property, provided however, that no accessory building may be used as a separate dwelling unit.

14.

No sign, business sign, name plate sign or advertising sign shall be erected except the following:

A name plate sign, or professional name plate sign, identifying the owner or occupant of a building or dwelling unit, provided the surface area does not exceed six square feet.

A sign pertaining to the lease or sale of a building or property, provided such sign shall not exceed six square feet in surface area and shall not be illuminated.

The total surface area of all business signs on a lot shall not exceed the sum of two square feet per lineal foot of lot frontage. In the case of corner lots, the greatest width of a corner lot shall be the front for purposes of this section. The total area of all business signs on a lot shall not exceed 200 square feet in gross surface area.

Business signs that are attached to buildings shall be limited to signs which shall not extend more than ten inches from the face of the building.

One identification sign as specified in section 7.1.2(1)(b)8.d.

Directional and regulating signs in any parking area necessary for the orderly movement of traffic provided that such sign shall not be used as advertising space.

Temporary nonilluminated signs identifying an engineer, architect, contractor, or product engaged in or used in the construction of a building, provided such signs shall not exceed 12 square feet each in surface area, and are no more than 15 feet in height, and provided such signs are removed prior to the occupancy of the building.

Business signs may be illuminated, but flashing or intermittent lighting is prohibited, except information signs that state the time, date, temperature and message.

The top of the sign in this District shall not exceed 15 feet in height at natural grade.

15.

Bait shops.

16.

Retail uses similar to those listed above.

17.

Sexually oriented businesses as defined in section 2.4 of the Portage County Code of Ordinances.

18.

19.

Short-term rental.

Some or all of the site plan review standards of section 7.1.6(1)(a)9. may apply.

Occupancy of a short term rental may be limited by the private onsite wastewater treatment system.

20.

Bed and breakfast establishment.

Some or all of the site plan review standards of section 7.1.6(1)(a)9. may apply.

Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Permitted uses greater than 3,000 square feet.

Gas station (not including junked or used car storage or sales or wrecking services or car washes).

Office uses not permitted in section (b).

Personal services not permitted in section (b).

Repair shops.

Taverns.

Veterinary offices.

Schools, churches and cemeteries.

(d)

Height, Yards, Area And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 45 feet. See paragraph 7.1.6(1)(c).

Lot Area. Minimum lot area in this District for newly created lots shall be 20,000 square feet exclusive of road right-of-way. Land in Conservancy Zoning District can be utilized in the creation of a new lot as long as the minimum lot area is non-conservancy zoned.

Lot Width. Minimum lot width shall be 100 feet wide at the building line.

Lot Coverage. No building or structure, including equipment and material storage, parking lots, Loading berths and driveways, shall cover more than 75 percent of area of any lot.

Side Yards. There shall be an eight-foot minimum setback from each side yard on any lot developed for commercial or industrial use. Such side yard shall be permanently maintained in grass, shrubs, or trees, and shall not be used for parking, storage, or driveways.

Rear Yard. There shall be a 12-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

10.

(5)

Planned Development District (PD).

(a)

Intent. The intent of this District is to accommodate higher density single or mixed use development in unique and appropriate circumstances across the County. The Planned Development (PD) District provides an alternative to traditional site development, and allows for greater flexibility and imagination in design, while maintaining protection of the rural environment and preserving aesthetics, natural resources, and the character of agricultural lands. This zoning is to be applied on a project-by-project basis.

The objectives of the Planned Development District are:

Create areas of residential and/or commercial development which are designed to co-exist with traditional rural activities such as agriculture and ag-industry.

Allow for a complementary mixture of uses and density in an integrated and well planned manner within a single zoning district.

Promote site planning that better adapts to site conditions and surrounding properties and provides a higher level of design, functionality, and resource protection than normally required for other conventional developments.

Ensure contiguous and well-planned open space, landscaping/buffering, and preservation of the site's natural resources and environmentally sensitive lands.

Ensure efficient and effective internal and external traffic access and circulation.

Maintain consistency with Town and County Comprehensive Plans.

Unlike other Portage County Zoning Districts, the PD District designation is only applied in specific circumstances, after review and approval by the Portage County Planning and Zoning Committee and Board of Supervisors; there are no pre-approved locations. The PD District may only be approved in Towns that have taken specific action to allow its use, based on a discussion of the concept in their Comprehensive Plan.

"Planned Development" represents both a Portage County Zoning District and a formal plan of site development. A Planned Development site shall be designed to: promote the health and general welfare of the public, prevent the overcrowding of land, preserve natural features, complement traditional rural activities avoid congestion on County roadways, secure public safety, and provide for adequate water supply and waste treatment for all site uses. Project implementation shall proceed only upon rezoning to PD District, and subsequent approval of a Final Development Plan.

(b)

Designation of Planned Development District Zoning.

Approval of a Planned Development shall constitute an amendment to the Portage County Zoning, through amendment of the County Zoning Map. Designation of a property with PD District zoning, in accordance with an approved Development Plan, shall supersede all existing and prior zoning classifications. A Development Plan shall be approved in conjunction with the rezoning of land to the PD District. The Development Plan shall specify both for the project as a whole and for subareas within the project, as appropriate, those principal and accessory uses and development densities that are to be permitted. The Portage County Board of Supervisors may include or exclude uses from the Development Plan, or include uses with attached conditions as appropriate, to achieve the intent of these provisions. In making its determination of the uses and development densities to be permitted within the Planned Development, the County Board may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining, or in proximity to, the Planned Development, the appropriateness of permitted uses for the area in general and their overall impact on the community, and the consistency of the permitted uses with other adopted plans and policies.

PD District zoning is to be used solely for new development of vacant land or the redevelopment of existing commercial or residential uses. PD District zoning is not to be used to obtain approval for uses in an existing development that are not permitted under the property's existing zoning district. Standards which vary from those contained in the Portage County Zoning may be approved in a Planned Development Preliminary or Final Development Plan. If approved, these modifications would not need approval from the Portage County Board of Adjustment.

All properties receiving this designation shall for zoning purposes be identified by the letters "PD" followed by an identifying number (PD-1, PD-2, etc.).

(c)

Planned Development Types. The following forms or types of development are allowed in PD Districts (Planned Developments may also include a combination of these types):

Single lot with single or multiple buildings containing multiple units (or with attached multiple units), served by private on-site water and waste treatment.

Larger acreage divided into individual lots with a dedicated common area and served by private on-site water and waste treatment.

Either of Types 1. or 2. above which are served by public water and sewer services provided by a municipality.

(d)

Minimum District Size. The minimum acreage requirements for consideration as a PD District are as follows:

•

Type 1 (single lot/building(s)): three acres

•

Type 2 (larger acreage subdivision): ten acres

Smaller tracts may be allowed if the applicant can show the proposed Planned Development meets standards and purposes of Town and County Comprehensive Plans, preserves the health, safety and welfare of County citizens, and that all the following conditions exist:

The proposal better adapts itself to the physical and aesthetic setting of the site and with surrounding land uses than could be developed using strict standards and land uses allowed within the original zoning district.

The proposal would benefit the area surrounding the project to a greater degree than development allowed in the original zoning district.

The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, higher quality of development than would otherwise occur in the original zoning districts.

The proposal would ensure the concentration of open space into more workable or useable areas, and would preserve the natural resources of the site to a greater extent than would otherwise occur in the original zoning district.

(e)

Flexibility Of Design. PD Districts may allow development design and subdivision elements not otherwise permitted in Portage County Zoning Districts, if specific conditions are met, and provided the design meets the general standards for review and design in this District.

Elements of Flexibility. The subdivision and development design elements that are granted flexibility include:

Non-standard lot sizes;

Higher density of housing, or floor-to-area ratios for commercial uses;

Reduced right-of-way and street widths;

Broader range of housing types/units, i.e. detached, clustered, semi-detached or attached multi-storied structures or combinations thereof;

Land use mix;

Zero lot lines and other modifications to minimum or maximum building setbacks;

Agricultural operations, i.e. community gardens, commercial production, community supported agriculture, rentals, etc.; and

Open space, parks, trails and preservation of natural systems.

Conditions for Flexibility. The conditions applied by the Portage County Board in exchange for flexibility in zoning regulation shall advance Portage County's Comprehensive Plan goals, and may include, but are not limited to, the following:

Natural Systems: conditions to permanently protect and manage natural systems and resources.

Housing Types and Affordability: conditions to ensure an appropriate mix of housing types and affordability.

Pedestrian and Non-Motorized Travel: conditions to enhance the options for non-motorized travel within Portage County.

Appropriate Mix of Uses: conditions to ensure a "sustainable and synergistic" mix of land uses.

Utility Services And Infrastructure: conditions to protect or enhance the quality of service from water and waste treatment systems.

Green Infrastructure: conditions to enhance open space design, landscaping and appearance, and optimal stormwater management (green roofs, bio-swales, use of rainwater runoff, etc.).

Building Design: conditions on building design to protect community, natural, and economic resources.

(f)

Application And Review Process For A Planned Development. Applications for PD District designation and Development Plan approval may be filed by the owner of the subject property or the owner's agent (see section 7.1.6(7) Changes and Amendments below). Applications for PD District designation and Development Plan approval shall undergo a three-step review process as specified in this section.

Sketch Plan and Pre-Application Meeting. Prior to any formal application submittal, the applicant shall prepare a "sketch plan" of the proposed PD District for review by the Portage County Planning and Zoning Department.

A sketch plan shall include the property location, legal description, current zoning, Town Comprehensive Plan Future Land Use designation, and a concept sketch of the proposed development. The concept sketch should be drawn to scale, on paper no smaller than 11 inches × 17 inches, and identify general locations and types of natural features on the site, including, but not limited to, wetlands, hydric soils, floodplain, topographic contours/areas of slopes > 12 percent, soil type, and vegetative coverage, and intended uses.

Upon completion of the sketch plan review, Planning and Zoning Department staff shall provide the applicant with written comments with respect to conformity of the proposed Planned Development with zoning requirements, as well as provide any needed information to inform and assist the applicant in preparing an application for the PD District. Subsequent plan submittals shall address Planning and Zoning Department staff comments. Following approval by Planning and Zoning staff, the applicant may proceed to the official application process. A copy of the sketch plan and Planning and Zoning staff comments will be forwarded to the Town in which the project is located.

Rezoning Request and Preliminary Development Plan. This step constitutes the official application stage of the project, with submittal of both a request for rezoning to PD District and Preliminary Development Plan documentation. The Preliminary Development Plan, while more formal than the sketch plan, is still intended to provide the applicant with an opportunity to submit a plan showing the basic concept, character, and nature of the proposed PD District without becoming involved in the preparation of detailed Development Plans or engineering drawings.

Initial Meeting. The applicant shall meet with Planning and Zoning Department staff to review the application for rezoning and Preliminary Development Plan information for compliance with the submittal requirements in section g. below. A rezoning review checklist form shall be completed and initialed by property owner/agent and County Planning and Zoning Department staff during this meeting. A copy of the rezoning review checklist shall also be forwarded to the Town Clerk of the affected Town to schedule for review and action by the Town Plan Commission and Town Board. The purpose of the checklist is to formalize project specifics, identify what changes are required, if any, to both the Town Comprehensive Plan and County Zoning, and provide a single description of the project to allow both Town and County staff to commence the review process. In addition to this initial meeting, County Planning and Zoning Staff shall be granted permission, upon request, to have access to the proposed site for review of natural features, topography, infrastructure, and site limitations in relation to the Preliminary Development Plan and layout.

A recommendation from the Town Board shall be required to be received by the Portage County Planning and Zoning Department prior to the PD District rezoning request and Preliminary Development Plan request being brought before the Portage County Planning and Zoning Committee for public hearing, review, and action. The landowner/agent/developer is expected to work closely with the Town government to facilitate expedient processing by the Town Plan Commission and Town Board.

The Portage County Planning and Zoning Committee shall hold a public hearing on the rezoning request and Preliminary Development Plan upon receiving official Town recommendation on both the rezoning and Preliminary Development Plan, and make a recommendation to the Portage County Board of Supervisors for action on each.

The Portage County Board shall review and take final action on the recommendation from the Planning and Zoning Committee.

In order to permit Portage County and the applicant to proceed with some assurance, approval of the Preliminary Development Plan binds the applicant and the County with respect to the following development constraints:

Categories of uses to be permitted;

ii.

Overall maximum density of residential uses (broken down by type of structure) and intensity of nonresidential uses;

iii.

General location of vehicular and pedestrian circulation systems;

iv.

General location and extent of public and private open space;

General location of residential and nonresidential land uses;

vi.

General type of on-site waste system to be utilized; and

vii.

Phasing of development.

Final Development Plan. The Final Development Plan shall include all final revisions to the Preliminary Development Plan as identified by Portage County Planning and Zoning staff and approved by the Portage County Board of Supervisors. The Final Development Plan must also substantially conform to the Preliminary Development Plan approved by the Portage County Board of Supervisors. All engineering drawings must be stamped and signed by a professional engineer who is licensed in the State of Wisconsin. The Final Development Plan shall be submitted to the Planning and Zoning Department for final approval by the Portage County Planning and Zoning Committee.

Zoning permits can be issued for the Planned Development after the Final Development Plan is approved by the Planning and Zoning Committee, all deeds (if necessary) are recorded at the Portage County Register of Deeds, and the required Portage County Sanitary Permit is obtained.

(g)

Development Plan Minimum Submittal Requirements.

Preliminary Development Plan. Upon completion of the sketch plan requirements, an application for a preliminary development plan may be submitted. eight copies of preliminary development plan materials shall be submitted to the Planning and Zoning Department. The preliminary development plan shall contain the following information and documentation at a minimum to be considered a complete submittal:

Applicant's name and contact information.

Names and contact information of all professional consultants advising the applicant with respect to the proposed Planned Development.

Legal description of the subject property.

Names and addresses of all adjacent property owners.

Current zoning district classification and present use of the subject property.

One or more maps drawn to scale, on paper no smaller than 11 inches times 17 inches, delineating the existing physical characteristics of the site, including:

Topography at contours of not more than five feet;

ii.

Slopes of 12 percent or more;

iii.

Property boundary lines and dimensions, available utility easements and dimensions, roadways, rail lines and public rights-of-way;

iv.

Streams/rivers, drainage ways, groundwater recharge areas, ponds, lakes and bodies of water;

A generalized description of vegetation and tree cover;

vi.

Wetlands, hydric soils, and floodplain, including the delineation of the 100-year floodplain, where applicable; and

vii.

Other physical features that may affect development of the property.

A map depicting both the existing development of the subject property and appropriate adjacent property, including the approximate location of existing streets, property lines, easements, etc.

A written statement, with supporting graphics, generally describing: the overall concept of the proposed PD District, the market which it is intended to serve; the uses included and any limitations upon uses; a description of the general architectural design or theme to be employed; building types and prototypical site layouts and floor plans, if appropriate; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information pertinent to the proposal.

One or more maps drawn to scale, on paper no smaller than 11 inches times 17 inches, and a written description of the proposed PD District describing the following features of the project:

A general land use plan with a description of the type, location, and nature of land use within each area of the development;

ii.

A proposed traffic circulation concept, which illustrates both external and internal trafficways related to the development, including proposed rights-of-way, travel lanes and other transportation improvements;

iii.

A generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, management of stormwater runoff, snow storage, and similar essential services;

iv.

A generalized landscape plan for the development, including the buffer and perimeter areas;

A delineation and description of the minimum open space area, including the buffer and perimeter areas;

vi.

A description of screening, and berming (if applicable), adjacent to existing residential areas; and

vii.

A sign plan that coordinates the size, location, and illumination of proposed signage within the development.

A tabulation of the following information:

The approximate total number of dwelling units proposed, by type of structure and approximate number of bedrooms for residential units;

ii.

The approximate total square feet of building floor area proposed for each general type of nonresidential use, including size of commercial units in cubic feet;

iii.

The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential and nonresidential uses including types of structures, streets, public and private open space, and off-street parking and loading areas; and

iv.

The proposed number of off-street parking and loading spaces for each proposed type of land use.

Construction In Phases: If the PD District is proposed for construction in phases, a tentative schedule for phasing shall be submitted, stating the approximate beginning and completion date for each phase, the proportion of the total public and private open space, and the proportion of each type of proposed land use to be provided or constructed during each phase; and the overall chronology of development to be followed from phase to phase. All public improvements directly related to each phase shall be completed at the time the phase is developed. Improvements serving the proposed PD District shall be completed in a sequence assuring full utility of the District as a whole as well as all areas within the PD District.

Traffic Impact Analysis: A traffic impact analysis indicating the relationship of the proposed development to traffic, road use, and development plans in the immediate surrounding areas.

Final Development Plan. The final development plan is intended to provide more detail, and to refine and implement the preliminary development plan.

Once approval of the preliminary development plan and PD District rezoning have been granted by the Portage County Board of Supervisors, the applicant shall be eligible to submit an application for final development plan approval to the Planning and Zoning Department. The application for final development plan approval may include the entire area included in the approved preliminary development plan or one or more phases thereof in accordance with a staging plan approved as part of the preliminary development plan. The application shall contain a plan which refines, implements and is in substantial conformity with the approved preliminary development plan, and shall contain at least the following information and documentation to be considered a complete submittal:

Applicant's name and contact information.

ii.

A legal description of the property for which final development plan approval is sought.

iii.

The date on which preliminary development plan and PD District Zoning approval was granted.

iv.

A preliminary plat of subdivision, if applicable, that includes a survey certified by a registered land surveyor, or final site development drawings stamped and signed by a professional engineer who is licensed in the State of Wisconsin, whichever is appropriate.

A tabulation of the following information with respect to the area included in the final development plan:

The total number of dwelling units proposed, by type of structure and number of bedrooms for residential units.

The total square feet of building floor area proposed for each general type of nonresidential use.

The total land area proposed to be devoted to residential uses and nonresidential uses, expressed in acres and as a percent of the total development area, including types of structures, public and private open space, streets, and off-street parking and loading areas.

vi.

The proposed number of off-street parking and loading spaces for each proposed type of land use.

vii.

A landscape plan specifying the design, description and arrangement of landscaping for all open space, buffer and perimeter areas in the PD District. This includes a description of the long term maintenance of the landscape plan.

viii.

If the preliminary development plan has identified areas of the open space to be owned and maintained by an entity (other than a governmental unit), copies of the maintenance plan, indicating ownership of the open space, shall be submitted to the Planning and Zoning Department. In instances where the PD District will be dedicating the open space to a unit of government, evidence of acceptance from that unit of government will also need to be submitted to the Planning and Zoning Department.

ix.

Copies of any restrictive covenants that are to be recorded with respect to property included in the final development plan.

Utility plans, indicating placement and sizes of all public utilities, as appropriate.

xi.

Submittal of a sanitary permit application, including all necessary materials per Portage County Private Sewage System (section 7.9.4(3)).

xii.

A statement summarizing all changes that have been made in any document, plan, data or information previously submitted and preliminarily approved, together with revised copies of any such document, plan or data.

xiii.

Proof of recording of any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the PD District, and proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or private common open space or service facility.

xiv.

Such other and further information as the Planning and Zoning Committee shall find necessary for full consideration of the entire proposed PD District or any stage or unit thereof.

Substantial Conformity. A final development plan shall be deemed not to be in substantial conformity with an approved preliminary development plan if it:

Increases by more than five percent from the maximum density approved in the preliminary development plan.

ii.

Increases by more than five percent the maximum floor area to be devoted to any nonresidential use.

iii.

Increases the height of buildings by more than five percent.

iv.

Decreases by more than five percent the area approved for public and private open space, or changes the general location of such areas.

Relocates approved circulation patterns to an extent that would decrease the ability of such patterns to function efficiently, adversely affect their relation to surrounding lands and circulation patterns, or would reduce their effectiveness as buffers or amenities.

vi.

Significantly alters the arrangement of land uses within the PD District.

vii.

Violates any provision of the codes and ordinances applicable to the proposed PD District.

viii.

Departs from the preliminary development plan in any other manner which the Planning and Zoning Committee shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed PD District.

Action by the Planning and Zoning Committee. Within 60 days following submittal of a complete application for the final development plan, or such longer period as may be agreed to by the applicant, the Planning and Zoning Committee shall review the plan with respect to its conformity to the approved preliminary development plan; with respect to the merit or lack of merit of any departure of the final development plan from substantial conformity with the preliminary development plan; and with respect to compliance of the final development plan with any conditions imposed by approval of the preliminary development plan, and with the provisions of this section and all other applicable Federal, State, County and Town codes, ordinances and regulations.

If the Planning and Zoning Committee finds substantial conformity between such plans, and shall further find the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan, and with the provisions of this Zoning District and all other applicable Federal, State, County, and Town codes, ordinances and regulations, it shall approve the final development plan. Planning and Zoning Committee action shall constitute final approval of the final development plan.

The failure of the Committee to act within the aforesaid time period shall be deemed a denial of the final development plan as submitted.

Adjustments to the Plan During Development. During construction of a PD District, the Planning and Zoning Director may authorize minor adjustments to the final development plan, which are within substantial conformity of the final development plan, as defined above.

Amendments to the Final Development Plan. In addition to the minor adjustments authorized in the preceding section, an approved final development plan may be amended, varied or altered in the same manner, and subject to the same limitations, as any other regulation established by this section. In addition, an approved final development plan may be amended or altered pursuant to the procedures established by this section for its original approval.

Compliance with Final Development Plan. The construction and operation of a PD District shall be in compliance with the approved final development plan at all times.

(h)

General Standards for Review. The PD District shall meet the following general standards:

Consistent with the Town and County Comprehensive Plans.

Protects and unifies natural systems. The development plan must provide for the preservation or creation of unique amenities such as natural streams, stream banks and shore buffers, wooded cover, rough terrain, man-made landforms, open space, or landscaping and similar areas.

Integrated with surrounding uses. The development plan is compatible and complementary with existing or proposed development in areas surrounding the project site.

Provides for adequate water and waste treatment systems that are sustainable long-term.

(i)

General Standards For Design. The approved final development plan shall provide detail regarding density, lot dimensions, natural features to be protected, open space, landscaping, maximum height of structures, setbacks, water and on-site waste facilities, and the provision of off-street parking and loading spaces. The PD District shall meet the following general standards:

Density.

For nonresidential development, the intensity of development may be regulated:

By specifying a floor area ratio (FAR) or ratios;

ii.

By specifying maximum square footage or gross leasable area;

iii.

By specifying setbacks, height and bulk restrictions; or

iv.

By a combination of the restrictions set out in subparagraph 1., 2. or 3., hereinabove, for the project as a whole or for components or subareas within the project. In addition, nonresidential preliminary development plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of commercial and other nonresidential activities. In making its determination regarding the intensity of development and appropriate performance standards, the Portage County Board of Supervisors may consider the character and scale of similar development, the character and scale of surrounding development, the area in general, and the real or anticipated impact on public facilities and services.

The permitted number of dwelling units may be distributed in any manner over the residential portion of the project consistent with the intent and provisions of this District. The preliminary development plan shall specify distribution of residential density for the project as a whole or for subareas within the project. In making its determination regarding the distribution of residential densities, the Portage County Board of Supervisors may consider the compatibility of residential densities with other uses within the District as well as outside the District and the impact of residential densities on public facilities and services.

Bulk, Area, and Height Requirements. The preliminary development plan shall specify bulk, area, and height restrictions for the project as a whole, for subareas, and for components of the project. In making its determination regarding such restrictions, the Portage County Board of Supervisors may consider the character and scale of the proposed development as it relates to other uses and structures both within the District and outside the District, as well as the general character and scale of similar development within the area of the proposal.

Open Space. A minimum of 35 percent of the gross area of the total development shall be dedicated for common open space. Common open space shall be used for recreational, park or environmental amenity purposes for the collective enjoyment of the occupants of the development. Up to one-half of the required common open space may be covered by water, floodplain, stormwater detention/retention facilities, or left in a natural state which does not violate the nuisance provisions of the County and Town ordinance(s). To the extent practicable, common open space shall be distributed equitably throughout the development in relation to the dwelling units which such common open space is intended to serve. The open space shall not be relegated to only isolated areas of unusable land, but shall be highly accessible, either physically or visually, to the majority of residents of the development. Common open space shall be maintained by a property owners association or may be conveyed to a public entity which will agree to maintain the common open space and facilities, subject to approval by the Portage County Board of Supervisors.

Buffer Yard. There shall be a minimum 30-foot wide buffer yard around the developed portion of the PD District, which shall be free of structures or parking areas and preserved with natural features so that the PD District is visually obscured from the abutting residential properties to the greatest extent possible. All landscaping shall be maintained in a healthy, neat growing condition, and all natural features shall be maintained in a healthy growing condition. Fencing, landscaping, and/or natural vegetation may be used in combination to obtain visual obscurity with a preference towards natural vegetation.

Access to Public Thoroughfares. The preliminary development plan shall specify the location and general design of ingress and egress to the project along with any proposed access restrictions. All lots created in association with the PD District shall have direct access to a public roadway, as required by the Portage County Subdivision and Zoning. The Portage County Board of Supervisors may impose such access standards and restrictions as are necessary to protect the integrity and function of the County and Town thoroughfare system and to ensure the safe and efficient circulation of vehicles and pedestrians within the PD District. In making its determination regarding such access standards and restrictions, the Portage County Board of Supervisors may consider the classification and function of the thoroughfare system, existing and projected volumes of traffic, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns, and the consistency with other adopted plans and policies. Where dedication and/or construction is required, the requirements set forth in section 7.4.6(1) of the Portage County Subdivision, shall apply.

All water supply systems must be approved by WI-DNR and proof of approval submitted as part of the final development plan.

Construction Site Erosion Plan and Stormwater Control Plan.

A construction site erosion plan must be developed and implemented to insure that during construction and times of soil disturbance, no sediments are being delivered to surface water, wetland/ hydric soils, and/or onto a neighboring parcel until vegetation has been successfully established and/or the stormwater plan has been implemented.

An approved stormwater control plan shall be designed and implemented to control stormwater for a 25-year storm event. The development shall be designed to capture all of the runoff from impervious surfaces. The 25-year storm event is based on standards found in the Wisconsin Construction Site Best Management Practices handbook. Stormwater control plans must utilized at least six inches of best available vegetated topsoil.

Slope. Areas within the PD District that consist of 12 percent or greater slope shall not be developed and should be considered open space.

If the development occurs along a navigable body of water, the "vegetative buffer zone" along the water of 35 feet shall be increased to 50 feet. The increased portion of this buffer zone can be used to aid in stormwater design and designated as open space; however, the vegetative buffer zone shall be maintained in natural vegetation or revegetated with native plants. Paths, boardwalks, and/or trails within the buffer shall meet the standards in section 7.7 of the Portage County Shoreland Zoning, and shall be designed to minimize erosion and control/limit human traffic through the primary buffer.

10.

All structures shall maintain a 100-foot setback from the ordinary high water mark of any navigable body of water.

11.

Signs advertising the development shall meet requirements found in section 7.1.6(1)(a)10. of the Portage County Zoning. All signs in conjunction with a commercial development within the PD District shall meet sign requirements found in section 7.1.4(3)(b)14. of the Portage County Zoning.

12.

All Federal, State, and local permits must be obtained prior to the issuance of a Portage County Zoning Permit.

(j)

Review of Abandoned Projects. The final development plan must be submitted to the Planning and Zoning Department within one year of approval of preliminary development plan. An extension of time may be requested in writing by the developer/owner/agent for approval by the Planning and Zoning Director and/or Portage County Planning and Zoning Committee. The Planning and Zoning Committee may recommend the reversal of the PD zoning back to the District(s) in place at the time of original PD District application and the voiding of the preliminary development plan to the Portage County Board of Supervisors for action without further hearing, if this one-year deadline expires.

(k)

Notice and Recording of Final Development Plan. The applicant/owner/developer shall file with the Portage County Planning and Zoning Department proof of recording of the final development plan on the property with the Portage County Register of Deeds prior to issuance of a Portage County Zoning Permit.

7.1.5 - Manufacturing District.

(1)

Industrial District (IND).

(a)

Intent. It is the intent of this District to provide for industrial and heavy manufacturing activities, which are not allowed elsewhere in this section. All uses should be treated as special exceptions, due to the intensive nature of industrial activities in general and the broad scope of this District.

(b)

Use. All uses in the Industrial District shall be a special exception except as listed in section 7.1.5(1)(c)1.

(c)

Special Exception Uses. See section 7.1.6(5).

All main or principal uses and buildings in this District shall be a special exception, except for signs, accessory uses and/or buildings for an approved special exception, and other types of incidental uses and buildings. There shall be detailed grading and surface water control plans submitted for review and approval by the Planning and Zoning Department.

(d)

Height, Yard, Area and Other Requirements.

Height. See paragraph 7.1.6(1)(c).

Lot Area. For buildings or parts of buildings erected, moved or structurally altered for residential use, the lot area regulations of Subsection 7.1.2(2)(d)2. shall apply, otherwise no minimum lot area shall be required.

Lot Width. There shall be a minimum lot width of 100 feet for caretakers residence, otherwise there is no minimum lot width.

Side Yards. For buildings or parts of buildings erected, moved or structurally altered for residential use, the side yard regulations of subsection 7.1.2(2) shall apply, there shall be a side yard not less than six feet wide on each side of a building hereafter erected, moved or structurally altered for any other use, and no automobile parking lot, stockpile, waste or salvage pile, equipment storage yard, or other accumulation of material or equipment in the open shall be stored or placed in such side yard, provided further that any such side yard which abuts a boundary of a residence district shall be not less than 25 feet wide, unless such residence district boundary lies within a street or alley.

Rear Yard. There shall be a rear yard of not less than 12 feet in depth, except that:

Such rear yard shall be increased in depth by three feet for each additional five feet by which the principal building on the lot exceeds 35 feet in height;

Any such rear yard which abuts a boundary of a residence district shall be not less than 25 feet in depth unless such residence district boundary line lies within a street, alley or railroad right-of-way, provided that no automobile parking lot, stockpile, waste or salvage pile, equipment storage yard or other accumulation of material or equipment in the open shall be stored or place in such rear yard, except that loading platforms may be established in a rear yard if it abuts on a railroad.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

7.1.6 - General Provisions and Exceptions.

(1)

Buildings, Area, Height, Yards, and Parking.

(a)

Buildings And Uses.

No provisions of this section shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the appropriate laws of the State of Wisconsin.

No provision of this section shall be construed to prohibit the customary and necessary construction, reconstruction or maintenance of underground public utility neighborhood service line and mechanical appurtenances thereto, where reasonably necessary for the preservation of the public health, safety, convenience, and welfare.

The use of buildings hereafter erected, converted, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the District in which such land or building is located.

Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one residence building on one lot, except during the construction or moving in of a replacement residence, or as required by Wis. Stats. § 703 regulating condominiums or any successor State Statutes. Under no circumstances shall both residences be occupied at one time. The old residence shall be removed within 30 days of occupancy of the replacement home or time period at the discretion of the Planning and Zoning Department.

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which a zoning permit has been issued before the effective date of this section and the construction of which shall have been started within six months from the date of such permit.

Nonconforming uses and nonconforming structures.

The existing lawful use of a building or premises at the time of the enactment of this section or any amendment thereto may be continued although such use does not conform with the provisions of this section for the District in which it is located, but no building or premises containing a nonconforming use shall be enlarged or extended, unless otherwise approved in writing by the Board of Adjustment after a public hearing.

If the nonconforming use of a building or premises is discontinued for a period of 12 months, any future use of the building or premises shall conform to the regulations for the District in which it is located.

A nonconforming structure or any part of a nonconforming structure may be repaired, maintained, renovated, remodeled, or rebuilt within its existing building envelope.

A nonconforming structure or any part of a nonconforming structure may be expanded if the expanded portion conforms with existing development regulations.

Accessory buildings which are not a part of the main building shall not occupy more than 30 percent of the area of the required rear yard and shall not be closer than six feet to any lot line. Where a private garage has an entrance facing on an alley, such entrance shall be located not less than ten feet from the nearest alley line. Where an accessory building is part of the main building or is substantially attached thereto, or is located partly or wholly in front of the rear wall of the main building, the side yard and rear yard requirements for the main building shall be applied to the accessory building (this will not include shelters for household pets). Farm buildings or buildings that house farm, dangerous, and or wild animals must be located a minimum of 25 feet from a property line and 100 feet from a neighboring residence unless section 7.1.6(1)(a)19. of this section provides otherwise.

The Board of Adjustment, after investigation and special exception public hearing, may authorize the location of any of the following buildings or uses in any District from which they are excluded by this section, and excepting such use from the A1 Exclusive Agricultural, Conservancy, and Rural Limited Districts, provided that the Board shall find that the proposed location is necessary in order to serve the public health, safety, convenience and welfare, and provided further that each such building or use shall comply with all other regulations for the District in which it is proposed to be located. To protect the value of neighboring buildings or uses, the Board may attach reasonable conditions and safeguards, in line with the general purpose and intent of this section:

Cemeteries.

Fire and police stations.

Hospitals and clinics, but not veterinary hospitals or clinics.

Institutions, public or private, of an educational, philanthropic or charitable nature.

Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business.

Public utility buildings, structures and lines, including power transmission lines and micro-wave radio relay structures and their appurtenances, for such purposes as are reasonably necessary for the public convenience and welfare.

Railroad siding and structures.

Sewage disposal plants.

All commercial development, in any zoning district, is subject to site plan review by Portage County Planning and Zoning Department staff prior to issuance of a zoning permit. Site plan review shall include the following:

Road access;

Stormwater control plan and/or construction site erosion plan;

Parking and paving;

Landscaping and screening;

Lighting.

Adequacy of setback for structures and storage. Setbacks required by specific zoning districts may need to be modified based on site specific conditions. Commercial structures 100 feet tall or greater shall be set back from the nearest property and/or right-of-way line a distance equal to the height of the structure.

An approved stormwater control plan from the WI-DNR must be on file prior to issuance of a zoning permit if the development is equal to or larger than one acre.

10.

Signs. Except where this section is more restrictive, all signs adjacent to highways hereafter erected, moved, altered, or reconstructed shall comply with all applicable regulations of the Wisconsin Statutes, including specifically those dealing with location of signs and with signs that simulate traffic control devices. Unless otherwise provided by this section or by the Wisconsin Statutes, signs shall be located in the following manner:

Signs and billboards generally shall be erected outside a line parallel to and five feet from the highway right-of-way.

Provided that the following types of signs may be erected in other relationships to the highway right-of-way lines as specified;

One directory sign per parcel, advertising a business conducted or a service available at a specific location. Such sign(s) shall not be more than eight square feet in area, there shall not be more than two such signs relating to any one such location or use in the approaching direction along any one highway, no such sign(s) shall be placed more than five miles away from the location or use to which it relates, and such sign(s) may be placed at the right-of-way line of the highway. There shall not be more than one sign per parcel unless allowed as a special exception by the Board of Adjustment. Signs shall not exceed eight feet in height.

ii.

Signs used exclusively to advertise farm products for sale on the premises. Such signs shall not be more than eight square feet in area, there shall not be more than one such sign in either direction along any one highway or any one premises; no such sign shall be place more than half a mile away from the point of sale of the products advertised and such signs may be placed at the right-of-way line of the highway.

iii.

Signs giving the name of a farm or the farm owner, or farm directory signs. Freestanding signs shall not exceed 32 square feet. Lettering attached to farm buildings identified a farm, farm name or farm directory shall have no square footage limitations.

iv.

City or village directory signs. Such signs shall not be more than 12 square feet in area, there shall not be more than one such sign, located not more than half a mile from a highway intersection or other point where guidance is necessary, and such signs may be placed at the right-of-way line of the highway.

Signs of standard size and design placed by the public authorities for the guidance or warning of traffic. Such signs may be placed within the right-of-way of the highway.

Provided that no sign may project more than six feet beyond a building when attached thereto, and may not in any case project over the right-of-way line of the highway; and

Provided further that no sign shall be erected or hung so as to project into the vision clearance triangle established by the regulations of subsection 7.1.6(6), except that a sign may be attached to a building which is standing within such triangle on the effective date of this section, when such sign is so attached or hung as not to constitute an additional projection into such vision clearance triangle.

11.

In the Residential District, all residences shall be at least 20 feet wide at the time of its original construction/manufacture. The combining of two residences, each constructed as separate units shall not be permitted.

12.

Semi-trailers, mobile homes, travel trailers, campers, automobiles, motor vehicles, etc. cannot be used for any use other than its intended use when it was new. These items may not be used as storage buildings or for storage.

13.

Camping units may be stored or parked indefinitely, provided they are stored on the site of the owner's residence. Camping unit(s) cannot be occupied and/or used for storage, and can only be used in an approved location as determined by the Planning and Zoning Department pursuant to 16. and 17. below.

14.

No person shall keep, maintain, or have in their possession or under their control or sell or convey within any Residential Zoning District, any farm, dangerous or wild animal; except where explicitly allowed by this section.

15.

Any conservation project(s) and/or practice which have plans and/or permits, approved and/or supervised by the Land and Water Conservation Division and/or the Natural Resource Conservation Service, provided that substantive shoreland, floodplain, and wetland concerns are addressed, will not require a special exception approval. A Portage County Zoning Permit will be required before the start of these projects.

16.

Temporary use of camping unit(s) 20 days or less in one calendar year.

Only two camping unit(s) per parcel.

The Town can allow more than two camping units per site for a period of no longer than four days. The Portage County Health and Human Services Department and Town shall be notified three days prior to the use of the camping unit(s).

Sewage must be disposed of properly in accordance with the Portage County Code of Ordinances and any other requirements of the Portage County On-Site Waste Specialist.

Camping unit(s) may only be used in Agricultural, Conservancy and/or Rural Limited Zoning Districts except provided by section d. below.

Camping unit(s) may be used on a residentially zoned lot if it has a residence.

Camping unit(s) shall be for private use only.

17.

Use of camping unit(s) on vacant land for more than 20 days in a calendar year may be allowed, provided the following requirements are met.

An annual Portage County Zoning Permit is required.

Sewage must be disposed of properly in accordance with the Portage County Code of Ordinances and any other requirements of the Portage County On-Site Waste Specialist.

Camping unit(s) may only be used in Agricultural, Conservancy and/or Rural Limited Zoning Districts.

Camping unit(s) shall only be used seasonally (less than six months in a calendar year).

Only two camping units per parcel shall be allowed unless more are granted permission by the Town in which they are located. A letter from the Town indicating the temporary use of more than two camping units on a parcel must be on file with the Planning and Zoning Department before the camping units are used.

Camping unit(s) must be located a minimum of 100 feet from a neighboring residence.

The Planning and Zoning Department shall be granted permission from the landowner and owner of the camping unit(s) to conduct yearly on-site inspections with reasonable notice to the landowner and owner of the camping unit(s).

Camping unit(s) will be for private use only.

Camping unit(s) may be permitted in the R1, R2, R3, and R5 Residence Zoning Districts while a single family home is under construction.

18.

Soil Disturbances (not agricultural related), will require a construction site erosion plan utilizing appropriate practices referenced in the Wisconsin Construction Site Best Management Practice Handbook. The plan shall be approved by the Portage County Land Conservation Division prior to issuance of a Portage County Zoning Permit. Soil Disturbances that do not deliver sediment to surface water, and/or wetlands, and/or a neighboring property as determined by Planning and Zoning Department Staff will be exempt from this provision. An approved stormwater control plan from the WI-DNR must be on file prior to issuance of a zoning permit if the development is equal to or larger than one acre.

19.

Raising chickens and ducks in the R1, R2, R3, and R5 Residence Zoning Districts, provided the following requirements are met.

Only egg laying chickens and ducks are allowed. (No guinea hens, turkeys, peacocks, and/or other chickens and/or fowl not used for egg laying purposes.)

Roosters and/or Drakes are prohibited.

Chickens / ducks shall be kept in a fully enclosed coop. The coop cannot exceed 120 square feet in floor space and ten feet in side wall height. The coop's design and color shall compliment the residence. The coop shall be set back at least 50 feet from any adjoining property line and 100 feet from any neighboring residence.

Chicken runs are allowed, but shall be fully enclosed so chickens/ ducks cannot escape.

No slaughtering or butchering is allowed on site.

No more than 12 chickens/ducks are allowed.

Commercial sale of eggs is prohibited.

Coops and runs shall be at least 50 feet from a well.

20.

The Planning and Zoning Department does not allow development in wetlands and hydric soils unless development is approved by the WI-DNR and/or Army Corps of Engineers. See section 7.1.6(10) of the Portage County Zoning for wetland definition.

(b)

Area Regulations.

No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this section, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the District in which a building or premises is located.

Any substandard lot or parcel shown on a recorded subdivision, plat, assessor's plat or conveyance and recorded in the Office of the Register of Deeds for Portage County prior to the adoption of the ordinance for Portage County may be used as a building site, or for any purpose permitted by this section, even though such lot or parcel does not conform to the minimum frontage or area requirements of the District which it is located; provided all of the following apply:

The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

The substandard lot or parcel is developed to comply with all other ordinances.

Any lot or parcel shown on a recorded subdivision, plat, or assessor's plat or conveyance and recorded in the Office of Register of Deeds of Portage County prior to the adoption of this section, may be increased in size by the addition of all or part of the adjoining lots or parcels, and such resulting lots or parcels may be used for any purpose permitted in the District in which they are located even though by such addition such lots or parcels do not reach the minimum area or frontage required in such District, provided, however, that subsequent to such addition, the side yard, open space and percentage of occupancy provisions for lots of the resulting size shall apply; and provided further that after buildings have been erected on such lots or parcels there area or width shall not hereafter be reduced, except in conformity with the provisions of this section.

(c)

Height Regulations.

Except as otherwise provided in this section, the height of any building hereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the District in which such building is located.

A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet.

Churches, schools, hospitals, sanatoriums, and other public and quasi-public buildings may be erected to a height not exceeding 50 feet, provided the front, side and rear yards required in the District in which such building is to be located are each increased at least one foot for each foot of additional height above the height limit otherwise established for the District in which such building is to be located.

Farm buildings not for human habitation, ornamental structure, radio and television broadcasting and receiving towers, telephone, telegraph and power transmission poles, towers and lines, microwave radio relay structures and necessary mechanical appurtenances, and accessory structures essential to the use or protection of a building or to a manufacturing process carried on therein, are hereby exempted from the height regulations of this section and may be erected in accordance with other regulations or ordinances of Portage County; provided that any structure which is accessory to a building in a residence or recreation district, or to a building on a residential lot in the General Agricultural District, shall be located not less than 25 feet from any lot line; and provided further that any structure on farm property shall be located not less than 25 feet from the nearest lot line of any adjoining residential lot.

Residences may be increased in height by not more than ten feet when all yards and other required open spaces are increased by one foot for each foot by which such building exceeds the height limit of the District in which it is located.

Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.

On through lots which extend from street to street, the height of the main building may be measured from the average elevation of the finished grade along the end of the building facing either street.

(d)

Front, Side And Rear Yard Regulations.

No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this section shall be included as part of a yard or other open space required for another building.

Except as otherwise provided in this section, any side yard, rear yard, front yard or court abutting a District boundary line shall have a minimum width and depth of ten feet.

No part of any building which has a setback less than is required by this section shall be enlarged or structurally altered within the front yard established by the setback required by this section for the District in which such building is located.

Building on through lots and extending from street to street may waive the requirements from a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback required by this section for the District in which such building is located.

Every part of a required yard shall be open and unoccupied by any structure from the ground upward, except as follows:

Detached accessory buildings may be located in the rear yard, or in the side yard of a main building, provided an additional side yard, equal to that otherwise required for the main building, is provided.

Sills, belt courses, cornices, canopies, eaves and ornamental architectural features may project into a required yard not more than 30 inches; provided that no such feature shall project over a street line.

Bay windows, balconies and chimneys may project into a required yard not more than three feet in any case, but not more than 20 percent of the width of any side yard which does not abut on a street, provided that the total length of such projections is not more than one-third of the building wall on which they are located.

Fire escapes may project into a required yard not more than five feet in any case, but not more than 20 percent of the width of any side which does not abut on a street, provided that no such fire escape need be less than three feet in width.

Uncovered steps and landings may project into a required yard not more than six feet and shall not exceed 40 square feet.

Walks and drives extending not more than six inches above the average level of abutting ground on one side, may be located in any yard.

Fences, walls and hedges provided such fence, wall or hedge is not an obstruction to pedestrians and/or motorists.

Setback Lines. For those lots that have a width less than the minimum required by the Zoning District, setback off the front yard will be greater of either the road setbacks if the whole width abuts the right-of-way or 25 feet off the rear yard of the lot between the right-of-way and the lot to be built upon.

No building or structure shall be erected within 50 feet of the Plover River Bluff Line Survey.

Inoperable and/or unlicensed motor vehicles, and/or solid waste cannot be stored/placed in the front yard in the Residence Zoning Districts. The front yard is established after the principal structure is constructed.

(e)

Motor Vehicles and Parking.

In the Residence and Agricultural Districts, not more than half the space in any private garage may be rented for the storage of the private passenger vehicle of persons not resident(s) on the premises, except that all of the space in a private garage having a capacity of not more than two such vehicles may be so rented.

In the Residence Districts, no commercial motor vehicle exceeding five tons rated capacity shall be stored in any private garage or on any lot.

In the Commercial and Industrial Districts, wherever a lot abuts upon a public or private alley, sufficient loading space shall be provided on the lot or adjacent thereto in connection with any business or industrial use so that the alley shall at all times be free and unobstructed to the passage of traffic.

Off-street parking spaces shall be 300 gross square feet per stall inclusive of adequate ingress and egress access aisle to connect with a public thoroughfare. The stall shall be nine feet wide and 18 feet long. A single stall garage or one stall in a multiple stall garage may replace any single required parking space.

No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking space below the required minimum.

No parking space required under this section may be used for any other purposes; provided, however, that the open space required by this section for setback and side yards may be used for such parking spaces or approaches thereto, except where otherwise provided in this section, provided that on corner lots there shall be no parking in a vision clearance triangle.

All parking spaces shall be graded and drained so as to prevent the accumulation of surface waters.

Parking lots containing ten or more parking spaces which are located in the Residence Districts or adjoining residential lots shall be screened along the side or sides of such lots which abut the lot lines or residential lots by a solid wall, fence, evergreen planting of equivalent opacity or other equally effective means, built or maintained at a minimum height of four feet. If parking lots so located are lighted, the lights shall be so shielded as to prevent undesirable glare or illumination of adjoining residential property.

Parking space required:

Multiple family dwellings shall provide one off-street parking space for each family for which accommodations are provided in the building plus one.

Roadside stands shall provide not less than five parking spaces at the place of business off the right-of-way of the highway.

Establishments offering curb service to customers who remain in their vehicles, shall provide at least five off-street parking spaces for each person employed to serve such customers.

Retail or local business places, banks, offices and professional offices and personal service shops shall provide at least one off-street parking space for 300 square feet of ground floor area, plus at least one additional parking space for each 500 square feet of upper floor area.

Buildings combining business and residential uses shall provide at least one off-street parking space for each 300 square feet of area devoted to business use, plus at least one parking space for each family for which accommodations are provided on the premises.

Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall provide at least one parking space for each seven seats.

Lodging houses and dormitories shall provide at least one parking space for each two guest rooms.

Medical, correctional or charitable institutions shall provide at least one parking space for each two rooms for patients, clients, guests or persons detained on the premises, plus at least one additional parking space for each three persons employed on the premises.

Restaurants, taverns and similar places for eating and refreshments, except curb service establishments, shall provide at least one parking space for each 50 square feet of floor space devoted to the use of patrons.

Funeral homes and mortuaries shall provide at least one parking space for each 50 square feet of floor space devoted to parlors.

Bowling alleys shall provide at least five parking spaces for each alley.

Garages and service stations shall provide adequate off-street parking space to prevent the parking of vehicles waiting to be serviced or repaired on the public street or highway.

Industrial uses, warehouses, laboratories and research institutions shall provide at least one parking space for each four employees on the premises at any one time, plus at least one additional space for each vehicle operated in connection with such use, for which parking on the premises is required.

Parks and playgrounds, recreation camps and mobile home camps shall furnish parking spaces as required by the regulations governing each of these uses.

Any use not specifically named herein shall be assigned by the Zoning Administrator to the most appropriate of the above classifications, when not acceptable to the applicant, appeal may be made to the Board of Adjustment, which shall decide the matter at a public hearing.

(2)

Zoning Permits and Compliance Checks.

(a)

Zoning Permits.

There is herewith created the Office of Zoning Administrator. His duties shall be to administer, supervise and enforce the provisions of the County Zoning. His compensations shall be determined by the County Board.

Permits.

No building, sign, other structure, use of land, or any part thereof shall hereafter be built, enlarged, altered or moved within the area subject to the provisions of this section until a zoning permit has been applied for in writing and obtained from the Zoning Administrator. Forms for application for zoning permits shall be supplied by the Zoning Administrator and a record of all permits issued shall be kept in the Office of the Zoning Administrator. A Portage County Zoning Permit shall not be issued until there is compliance with all Portage County Code of Ordinances (see chapter 7).

All applications for a zoning permit shall be accompanied by a location sketch drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location of the building on the lot, the existing or intended use of the building, the number of families to be accommodated, the distance between the nearest point on the building and the centerline of the highway, and such other information with regard to the proposed building and neighboring lots or buildings as may be called for on the application or may be necessary to provide for the enforcement of this section.

The term "building", as used in this section, shall include any building, structure or use of land which is governed by the requirements of this section, and any substantial alteration in the heating plant, sanitary facilities or mechanical equipment of any such building which would effect a change in its use.

No Zoning Permit shall be required for any of the following cases:

For any building on which work to the amount of $1,000.00 or more has been done prior to the approval of this section by the town board of the town in which such building is located.

For any accessory building less than 100 square feet, provided such building conforms to all the setbacks, yard and open space requirements of this section.

For any interior remodeling, improvements or alterations, regardless of cost, provided however, there shall not be a change in use which would be prohibited in the District.

For any exterior alterations, improvements or remodeling provided there is not an increase in floor area constructed to the existing building.

For farm buildings and structures not for human habitation which are not permanently fixed to the ground and are readily removable in their entirety; provided that this regulation shall not apply to roadside stands or permitted signs.

Project(s) must be substantially completed within 24 months from the issuance of the zoning permit.

A zoning permit shall be required for any conforming use which is damaged by fire, explosion, act of God or public enemy to the extent of more than 50 percent of its current market value as determined by the local assessor.

There shall be no issuance of a zoning permit, approval of a certified survey map, rezoning, and/or Board of Adjustment action until all zoning violations are corrected, unless zoning violations are corrected by subsequent compliance with the zoning chapter, the issuance of a zoning permit, approval of a certified survey map, rezoning, and/or Board of Adjustment decision.

The Planning and Zoning Department may require an affidavit to be recorded in the Register of Deeds Office by the property owner or agent prior to the commencement of any construction or activity to assure compliance with the Portage County Ordinances.

Zoning permits may require a Stormwater Control Plan approved by the Land and Water Conservation Division where impervious surfaces are being constructed within 300 feet of surface water and/or wetlands. Portage County Land and Water Conservation Division may require a Stormwater Control Plan if permitted impervious surfaces increase stormwater effects on an adjacent property. Impervious surfaces that do not drain towards surface water, wetlands, and/or adjacent property are not subject to this requirement.

In cases where any approvals are required from the Army Corps of Engineers and/or the WI-DNR no zoning permit shall be issued until their approval is on file with the Planning and Zoning Department.

(b)

Compliance Checks.

In order to ensure compliance with section 7.1.6(2) of the Portage County Zoning, Planning and Zoning Department staff shall have the right to contact the property owner and arrange to enter onto property during reasonable hours to verify that work was completed as approved through the zoning permit process. If, however, staff is refused entry, either in advance or on-site after presentation of County employee identification, staff shall obtain a special inspection warrant in accordance with Wis. Stats. § 66.0019, except in case of emergency.

(c)

Fees.

A fee determined by the Portage County Planning and Zoning Committee shall be paid to the Zoning Administrator. A schedule of such fees shall be made available by the Portage County Zoning Department and the Portage County Clerk.

The required fee shall be paid to the Zoning Administrator upon application for a permit. All such fees collected by the Zoning Administrator shall be remitted to the County Treasurer.

Increased fees shall be assessed where construction and/or a use has begun prior to the issuance of a Portage County Zoning Permit, as indicated on the Planning and Zoning Department Fee Schedule.

(3)

Boundaries of Districts.

(a)

Use Districts. In unsubdivided property, unless otherwise indicated on the map, the District boundary lines are the centerline of streets, highways, railroads, section lines, quarter-section lines, quarter-quarter lines or such lines extended. Where not otherwise indicated on the map, it is intended that the District boundary line be measured at right angles to the nearest highway right-of-way line and be not less than 300 feet in depth, provided however, that wherever a Commercial District is indicated on the District Map as a strip paralleling the highway, the depth of such strip shall be 300 feet measured at right angles to the right-of-way line of the street or highway to which it is adjacent, unless a different depth is shown on the map. The length of each strip shall be shown on the map. When the Commercial District is located at the intersection of streets or highways, the length shall be measured from the intersection of each street or highway right-of-way line included in such District.

(b)

The floodway and flood fringe overlay districts shall include all unincorporated lands of Portage County which would be inundated by the "regional flood" for any navigable stretch of a stream as designated on the official Federal Emergency Management Administration (FEMA) Flood Insurance Rate Map (FIRM) adopted by the Portage County Board of Supervisors.

(4)

Interpretation And Application. It is not intended by this section to interfere with, abrogate or annul any existing easements, covenants, or other agreements between parties, nor is it intended by this section to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of the law or ordinance or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or premises, provided, however, that where this section imposes a greater restriction upon the use of buildings or premises than is imposed or required by such existing provisions of law, ordinance, or by such rules, regulations, agreements, covenants, or permits, the provisions of this section shall control.

(5)

Variances, Special Exceptions and Administrative Errors.

(a)

Establishment. There shall be a Board of Adjustment consisting of five members and two alternates to be appointed by the County Executive with the approval of the County Board. Members so appointed shall be for one, two and three years, respectively, successors shall be appointed in like manner at the expiration of each term and their terms of office shall be three years in all cases, beginning July 1 in the year appointed. The members of the Board of Adjustment shall all reside within the County and outside the limits of incorporated cities and villages; provided however, that no two members shall reside in the same town. The Board of Adjustment shall choose its own chair. Vacancies shall be filled for the unexpired term of any members whose term becomes vacant in the same manner as the original appointment. The members of the Board of Adjustment shall be compensated at the same per diem and mileage rates as paid the County Board of Supervisors.

(b)

Rules.

The Board of Adjustment will review monthly at a public hearing each petition, under paragraphs (d) duties and (e) powers, of the Board of Adjustment. Such petition must be accompanied by a fee set by the Portage County Planning and Zoning Committee. If the petitioner desires an earlier review than would be accorded by the above schedule, they may obtain same by paying a special fee also determined by the Planning and Zoning Committee. The special fee shall also be required for the filing of a similar appeal that was denied by the Board of Adjustment within the past 12 months.

All meetings of the Board of Adjustment shall be open to the public.

Any public hearing which the Board of Adjustment is required to hold under paragraphs (d) duties and (e) powers, of the Board of Adjustment, shall be held by name, address or other commonly known means of identification, shall be included in the notice given of such hearing. Other matters upon which the Board of Adjustment is required to act may also be heard at any such hearing, provided that such matters are included in the notice given of such hearing.

Notice of any public hearing which the Board of Adjustment is required to hold under the terms or this section shall specify the date, time and place of hearing and the matters to come before the Board of Adjustment at such hearing, and such notice shall be given in each of the following ways:

By publication in the official newspaper of the County once each week for two successive weeks, the last of which shall be at least one week before the public hearing and if no newspaper is in circulation in an affected town, by posting in at least three public places likely to give notice no later than two weeks before the public hearing.

By mailing of notices to the town clerk of each town affected by the petition at least ten days prior to the date of the hearing.

By certified mail to the parties having a legal interest in any of the matters to come before the Board of Adjustment at such hearing.

By mailing of notices of any appeal reviewed in compliance with the floodplain or shoreland provisions of this section to the Department of Natural Resources.

The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record.

The Board of Adjustment shall have power to call on any other County Departments for assistance in the performance of its duties and it shall be the duty of such other departments to render all such assistance as may be reasonably required.

The Board of Adjustment may adopt such rules as are necessary to carry into effect the regulations of the County Board.

In the case of a party petitioning who believes it is to his or her advantage to obtain an earlier review of the petition than the next scheduled Board of Adjustment meeting, he or she may obtain such by depositing with the Planning and Zoning Department of Portage County the fee as determined the Planning and Zoning Committee and by petitioning by letter to said Chair for a hearing on his petition.

A double filing fee for a variance or special exception shall be assessed for any activity commenced without first obtaining Board of Adjustment approval through public hearing.

(c)

Appeals.

Appeals to the Board of Adjustment may be taken by any person aggrieved or by any office, department, board or bureau of Portage County affected by any decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Zoning Administrator and the Board of Adjustment a notice of appeal specifying the ground thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator shall certify to the Board of Adjustment after notice of appeal shall have been filed with him by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, the proceeding shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application on notice to the Zoning Administrator and on due cause shown.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. A copy of any appeal granted in compliance with the shoreland or floodplain provisions of this section shall be forwarded to the Department of Natural Resources.

(d)

Duties. The Board of Adjustment shall have the following duties:

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator.

To hear and decide special exceptions to the terms of this section, as follows:

The following special exception uses may be heard by the Board of Adjustment which may:

Permit the location of recreation camps in the Districts in which such camps may be established under this section, under the conditions specified in subparagraph 7.1.3(3)(c)2.

ii.

Permit the location of micro-wave radio relay structures in the Single Family Residence District, under the same procedure and subject to the same conditions as specified in subparagraph 7.1.6(1)(a)8.

iii.

Permit the location of mobile home parks in the Districts in which such parks may be established under this section, under the conditions specified in the regulations for those Districts.

iv.

Permit the location of certain uses in the R2 Single Family Residence District as specified in paragraph 7.1.2(1)(c).

Permit the location of certain uses in the R4 Multiple Family Residence District as specified in paragraph 7.1.2(2)(c).

vi.

Permit the location of certain uses in the R1 Rural and Urban Fringe Residence District as specified in paragraph 7.1.2(3)(c).

vii.

Permit the location of certain uses in the R3 One- and Two-Family Residence Districts as specified in paragraph 7.1.2(4)(c).

viii.

Permit the location of certain uses in the R5 Waterfront Residence District as specified in paragraph 7.1.2(5)(c).

ix.

Permit the location of certain uses in the A4 General Agricultural District, as specified in paragraph 7.1.3(1)(c).

Permit the location of certain uses in the Conservancy District, as specified in paragraph 7.1.3(2)(c).

xi.

Permit the location of certain uses in the Recreation District, as specified in paragraph 7.1.3(3)(c).

xii.

Permit the location of certain uses in the A1 Exclusive Agricultural District as specified in paragraph 7.1.3(4)(c).

xiii.

Permit the location of certain uses in the A2 Agricultural Transition District as specified in paragraph 7.1.3(5)(c).

xiv.

Permit the location of certain uses in the A3 Low Density Agricultural District as specified in paragraph 7.1.3(6)(c).

xv.

Permit the location of certain uses in the A20 Primary Agricultural District as specified in paragraph 7.1.3(7)(c).

xvi.

Permit the location of certain uses in the C3 Commercial District, as specified in paragraph 7.1.4(2)(c).

xvii.

Permit the location of certain uses in the C4 Highway Commercial District as specified in paragraph 7.1.4(3)(c).

xviii.

Permit the location of certain uses in the C1 Neighborhood Commercial District as specified in paragraph 7.1.4(4)(c).

xix.

Permit the location of certain uses in the Industrial District, as specified in subparagraph 7.1.5(1)(c).

xx.

Permit the location of certain uses in the RL Rural Limited District as specified in paragraph 7.1.3(8)(c).

xxi.

Hear and decide any question or determination referred to the Board of Adjustment by any section in this section.

xxii.

Permit the location of certain buildings and uses in any District, as specified in Subparagraph 7.1.6(1)(a)8.

xxiii.

Permit additional directory signs along highways, advertising a business conducted or a service available at a particular location, as specified in subparagraph 7.1.6(1)(a)10.b.i.

Required Evaluations. In passing upon any special exceptions, the Board of Adjustment shall make the following evaluations, where appropriate, in addition to those required elsewhere in this section and base its decision thereon.

Evaluate the effect of the proposed use upon:

The maintenance of safe and healthful conditions;

The prevention and control of water pollution including sedimentation;

Existing topographic and drainage features and vegetative cover on the site;

The location of the site with respect to floodplains and floodways of rivers or streams;

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover;

The location of the site with respect to existing or future access roads;

The need of the proposed use for a shoreland location;

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

The amount of liquid wastes to be generated and the adequacy of the proposed disposal system;

10.

Location factors under which domestic uses shall be generally preferred, uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source, and use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility;

11.

The importance of the services provided by the proposed facility to the community;

12.

The availability of alternative locations;

13.

Such other factors as are relevant to the purposes of this section.

Required Findings. No special exceptions shall be granted by the Board of Adjustment unless finds the following conditions exist:

The use would not substantially harm the public health, safety, and general welfare, and would not be contrary to State Law or Administrative Code.

ii.

The use would be consistent with surrounding uses and the neighborhood would not be injured thereby.

iii.

The use is consistent with this section and any County or municipal plan which is based on historic, geographic, and socio-economic facts.

To hear and decide variances from the terms of this section.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this section, the Board of Adjustment shall have the power, in passing upon petitions, to authorize such variance from the terms of this section.

Required Evaluations. In passing upon variances, the Board of Adjustment shall make the evaluations required when passing upon special exceptions, where appropriate.

Required Findings. No variance shall be granted by the Board of Adjustment unless it finds the conditions exist:

Granting the variance would not be contrary to the public interest, State Law or Administrative Code, the spirit of the [section] would be observed and substantial justice done;

ii.

The use is permitted in the District;

iii.

The hardship is due to special conditions unique to the property, rather than considerations personal to the property owner;

iv.

Granting the variance would not be detrimental to surrounding landowners;

Hardship is not created by any person having interest in the property;

vi.

A property owner bears the burden of proving unnecessary hardship by demonstrating that strict compliance with a zoning chapter would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning chapter unnecessarily burdensome;

vii.

The request represents the minimum relief necessary to relieve unnecessary burdens.

(e)

Powers. The Board of Adjustment shall have the following powers:

To require the applicant to furnish, in addition to the information required for a zoning permit, the following information:

A plan of the area showing contours, soil types, normal high water elevation, groundwater conditions, bedrock, slope and vegetative cover;

Location of buildings, parking areas, traffic access, driveways, walkways, piers, open spaces and landscaping;

Plans of building, sewage disposal facilities, water supply systems and arrangements of operations;

Specification for areas of proposed filling, grading, lagooning, dredging or cutting and replanting;

Other pertinent information necessary to determine if the proposed use meets the requirements of the floodplain provisions.

To attach such conditions, in addition to those required elsewhere in this section, that it deems necessary in furthering the purpose of this section. Violation of any of these conditions shall be deemed a violation of this section. Such conditions may include, but not be limited to, the following specifications:

Type of shore cover.

Increased setbacks and yards.

Specified sewage disposal and water supply facilities.

Landscaping and planting screens.

Period of operation.

Operation control.

Sureties.

Deed restrictions.

Location of piers, docks, parking and signs.

Requirement for construction of channel modification, dikes, levees and other protection measures.

The following shoreland protection measures and conservation standards may be required without limitation because of specific enumeration;

The smallest amount of bare ground be exposed for as short a time as feasible;

ii.

Temporary ground cover such as mulch be used and permanent cover such as sod be planted;

iii.

Diversions, silting basins, terrace and other methods to trap sediment be used;

iv.

Lagooning be conducted in such a manner as to avoid creation of fish trap conditions;

Fill is stabilized according to accepted engineering standards;

vi.

Fill will not restrict a floodway or destroy the storage capacity of a floodplain;

vii.

Sides of channels or artificial watercourses be stabilized to prevent slumping;

viii.

Sides of channels or artificial watercourses be constructed with side slopes of three units horizontal distance to one unit vertical or flatter, unless bulkheads or riprapping are provided;

Unless otherwise ordered by the Board of Adjustment, all decisions by the Board of Adjustment that require the issuance of a Zoning Permit must include provisions that such zoning permit is to be issued within one year of the decision date. The zoning permit must be issued before any activity or construction starts unless the appellant requests an extension from the Board of Adjustment through the Portage County Planning and Zoning Department before one year had elapsed. Failure to obtain a zoning permit or an extension of time within which to obtain a zoning permit will result in the approval granted by the Board of Adjustment becoming void and the appellant will be required to re-petition the Board of Adjustment.

(6)

Setback Lines.

(a)

Highways. For the purpose of determining the distance buildings and other structures shall be set back from streets and highways, the streets and highways of Portage County are divided into the following classes:

Class 1 Highway.

All state and federal highways are hereby designated as Class 1 highways; provided that this classification shall also include the entire frontage of all those highways which lie within the Highway Commercial District and which intersect at an interchange.

The setback line for Class 1 highways shall be 110 feet from the centerline of the highway or 50 feet from the right-of-way line, whichever is greater; the centerline shall be as shown on the highway plans.

Sale merchandise such as cars, trucks, recreation vehicles, etc. that are not permanently affixed to the ground, may not be considered structures, and shall be allowed no closer than ten feet from the highway right-of-way.

Class 2 Highways.

All County Roads are hereby designated as Class 2 highways. For the purpose of this section any road will be considered as a County Road after it has been placed on the County road system by the County Board and approved by the State Highway Commission or is proposed by the Planning and Zoning Committee and adopted as a planned County Road highway by the County Highway Committee.

The setback for Class 2 highways shall be 75 feet from the centerline of such existing or proposed highway or 42 feet from the right-of-way line of such existing highway, whichever is greater.

Sales merchandise such as cars, trucks, recreation vehicles, etc. that are not permanently affixed to the ground, not be considered structures, and shall be allowed no closer than ten feet from the highway right-of-way.

Class 3 Highways.

All town roads are hereby designated as Class 3 highways. For the purpose of this section, any road will be considered a town road when it is included on the Department of Transportation Town Plat Record, and certified as correct by the town board, or is a road proposed by the Planning and Zoning Committee and adopted as a planned town road by the town board.

The setback for Class 3 highway shall be 63 feet from the centerline of such existing or proposed highway or 30 feet from the right-of-way line of such existing highway, whichever is greater.

The following shall apply on any street or highway:

For vacant lots in partially occupied blocks that do not abut on a lake or stream, the following rules shall apply:

When the setback for an existing main building or buildings is greater than the setback otherwise required by this subsection, and a building site fronting the same street is located within 250 feet of such main building or buildings, as measured along the straight line between the nearest points on such building site and such main building or buildings, the setback on such building site shall be the average of the setback otherwise required by this subsection; provided that no existing setback greater than twice the setback required by subparagraphs 1., 2. and 3. of this subsection shall be considered in applying the above rule.

A setback less than the setback required by subparagraphs (1), (2) and (3) of this subsection shall not be permitted on any building site, except by order of the Board of Adjustment, unless there are at least five existing main buildings built to less than such required setback, within 500 feet of such building site. In such case, the setback to be applied to such building site shall be the average of the setbacks of the nearest existing main building on each side of such building site, or, if there be no main building on one side, the average of the setback for the main building on one side and the setback required by subparagraph (1), (2) and (3) of this subsection.

When the nearest main building is more than 250 feet from a building site, measured as specified in subparagraph (1) above, the setback requirements of subparagraph (1), (2) and (3) of this subsection shall apply.

(b)

Vision Clearance.

There shall be a vision clearance triangle in each quadrant of all intersections of highways or street with other highways or streets or railroad rights-of-way. Such vision clearance triangle shall be bounded by the highway, street or railroad right-of-way lines which are located a distance back from the intersection of the right-of-way lines equal to twice the setback required on the intersecting highway or street. In the case of railroads, the setback, for the purposes of this paragraph, shall be considered to be 100 feet from the centerline of the right-of-way. In addition, the following rules shall apply:

At highway intersections with transitional widening, such transitional widening shall be considered as additional width and the setback line on the side of the highway which is widened shall be increased by an amount equal to the width of such transitional widening.

At highway intersections with curve connections, the pavement of surfacing on the curve shall be classified as provided in subparagraph (a)1., (a)2. and (a)3. above and the setback along the curve determined accordingly. The vision clearance triangle required by subsection (b)1. above shall be computed as if the highways intersected without the curve connection, and whichever line requires the greater vision clearance opening shall prevail.

Within a vision clearance triangle, no structure or object of natural growth shall be constructed, maintained or permitted to grow between a height of two and one-half feet and ten feet above the elevation of the street or highway grade at the centerline, or the top of the curb if there be a curb. This regulation shall not apply to the trunks of trees, posts not over six inches square or in diameter, retaining walls used to support ground at or below its natural level, or wire fences, none of which shall be planted, placed, designed or constructed so as to constitute a substantial obstruction to the view of motorists and pedestrians across the vision clearance opening from one highway or street to another.

(c)

Structures Permitted Within Setback Lines.

Open fences, entrance markers and structures.

Telephone, telegraph and power transmission and distribution towers, poles and lines, transformers and similar necessary appurtenances, and portable equipment housings that are readily removable in their entirety. Additions to and replacements of all such structures may be made, provided the owner will file with the County Clerk of Portage County, an agreement in writing to the effect that the owner will move or remove all new construction, additions and replacements erected after the adoption of this section at his expense, when necessary for the improvement of the highway.

Underground structures, not capable of being used as foundations for future prohibited aboveground structures.

Access or frontage roads constructed by the public according to plans approved by the County Highway Committee.

Permitted signs and signs placed by the public authorities for the guidance or warning of traffic.

These provisions shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees, except as these may be restricted within a vision clearance triangle by the provisions of paragraph (b)1.c.

Bus warming shelters provided less than 16 square feet, located outside of right-of-way and not affixed to a foundation.

(7)

Changes and Amendments.

(a)

Petition.

The Board of Supervisors of Portage County may from time to time amend, supplement or change by ordinance the boundaries of Districts or regulations herein established. A petition for such amendment, supplement or change shall first be filed with the County Clerk:

By any property owner in the area to be affected by the matter of such petition;

By the town board of any town wherein the ordinance is in effect;

By any member of the County Board; or

By the County Planning and Zoning Committee.

The County Clerk shall refer such petition to the County Planning and Zoning Committee for its consideration, recommendation and report. Such consideration will be given the petition by the County Planning and Zoning Committee if the petition was accompanied by a fee as determined by the Planning and Zoning Committee.

(b)

Public Hearing.

The County Planning and Zoning Committee shall hold a public hearing on such petition for amendment, supplement or change of the County Zoning, given notice of the time and place of such hearing by publication in the County as a Class two notice as specified in Wis. Stats. ch. 985, in the official newspaper of the County and in addition, if the Committee deems it essential under the circumstances, by similar publication in other newspapers of the Committee's choice, by posting or mailing of notices to certain parties affected. A copy of such notice shall be mailed by certified mail to the town clerk of each town affected by the proposed amendment, supplement or change at least ten days prior to the date of the hearing.

Such hearing shall be held in the county-city building, in the City of Stevens Point, Wisconsin, unless some other place is otherwise designated by the County Planning and Zoning Committee or unless the town affected requests that it be held in its town hall. If more than one town is affected, the hearing shall be held in such county-city building, unless some other places is otherwise designated by the County Planning and Zoning Committee. The Planning and Zoning Committee may, at its option, hold more than one public hearing in regard to any proposed change if it appears to the Planning and Zoning Committee that the number of towns affected by such change are too large or too widely distributed throughout the County to be reasonably accommodated at one place of meeting.

If a town affected by the proposed change disapproves of the proposed change, the town board of such town may file a certified copy of a resolution adopted by such board disapproving of the petition with the Planning and Zoning Committee prior to or at the public hearing. If the town board of the town affected in the case of an ordinance relating to the location of boundaries of use districts file such a resolution, or the town boards of a majority of the towns affected in the case of an ordinance relating to the location of boundaries of use districts file such a resolution, or the town boards of a majority of the towns affected in the case of all other amendatory ordinances except amendment of Overlay Districts or boundary thereof, file such resolutions, the Planning and Zoning Committee may not recommend approval of the petition without change, but may only recommend approval with changes or recommend disapproval. Amendments relating only to Overlay Districts or boundaries thereof, shall not be subject to town board approval or disapproval. As soon as possible after such public hearing, the Planning and Zoning Committee shall act, subject to the above paragraph, on such petition either approving, modifying or disapproving of the change. If its action is favorable to granting the requested change or any modification thereof, it shall cause an ordinance to be drafted effectuating its determination and shall submit such proposed ordinance directly to the County Board with its recommendations. If the Planning and Zoning Committee, after its public hearing, shall recommend denial of the petition, it shall report its recommendation directly to the County Board with its reasons for such action. Proof of publication of the notice of the public hearing held by the Planning and Zoning Committee and proof of the giving of notice to the town clerk of such hearing shall be attached to either such report. Notification of town board resolution filed under the above paragraph, shall be attached to either such report.

(c)

Adoption.

Upon receipt of such Committee report, the County Board may adopt the ordinance as drafted by the Planning and Zoning Committee or with amendments, or it may refuse to deny the petition recommended by the Planning and Zoning Committee in which case it shall re-refer the petition to the Committee with directions to draft an ordinance to effectuate the petition and report the same back to the County Board which may then adopt or reject such ordinance.

In case a protest against a proposed amendment not relating only to Overlay Districts or boundaries thereof, be filed with the County Clerk at least 24 hours prior to the date of the meeting of the County Board at which the report of the Planning and Zoning Committee is to be considered, duly signed and acknowledged by the owners of 50 percent or more of the area proposed to be altered, or by abutting owners of over 50 percent of the total perimeter of the area proposed to be altered included within 300 feet of the parcel or parcels proposed to be rezoned, action on such ordinance may be deferred until the Planning and Zoning Committee shall have had a reasonable opportunity to ascertain and report to the County Board as to the authenticity of such ownership statements. Each signer shall state the amount of area of frontage owned by him and shall include a description of the lands owned by him. If such statements are found to be true, such ordinance shall not be adopted except by affirmative vote of three-fourths of the members of the County Board present and voting. If such statements are found to be untrue to the extent that the required frontage of areas of ownership is not present, such protest may be disregarded.

If any such amendatory ordinance except amendments relating only to Overlay Districts or boundaries thereof makes only the change sought in the petition and if the petition was not disapproved at the public hearing by the town board of the town affected in the case of an ordinance relating to the location of district boundaries or by the town boards of a majority of the towns affected in the case of all other amendatory ordinances it shall become effective on passage. An amendment to Overlay Districts or boundaries thereof shall not be subject to town or town board approval but shall be effective upon passage by the County Board and approval by the Department of Natural Resources. The Clerk shall record in his office the date on which such ordinance becomes effective and he shall notify the town clerk of all towns affected by such ordinance of such effective date and also insert such effective date in the proceeding of the County Board.

Any other such amendatory ordinance excluding amendments relating only to Overlay Districts or boundaries thereof shall within seven days after adoption by the County Board be transmitted by the County Clerk by registered mail only to the town clerk of the town in which the lands affected by such change are located and shall become effective 40 days after the adoption of the Ordinance by the County Board unless such town board, prior to such date, files a certified copy of a resolution disapproving of such Ordinance, said Ordinance shall become effective upon the filing of the resolution of the town board approving same with the County Clerk. The County Clerk shall record in his office the date on which such Ordinance becomes effective and he shall notify town clerks of all towns affected by such Ordinance of such effective date and also make such report to the County Board, which report shall be printed in the proceedings of the County Board.

(8)

Enforcement and Penalties. The provisions of this section shall be enforced under the direction of the County Board of Supervisors, through the County Planning and Zoning Committee, the Zoning Administrator and the County law enforcement officers.

(a)

Any person, firm, company, corporation, agent, contractor or subcontractor who violates any terms of this section shall be subject to a forfeiture of not less than $50.00 nor more than $500.00, together with the costs of any enforcement action. Each day of violation shall constitute a separate offense. The court may utilize any lawful authority to compel enforcement of this section, including contempt. Compliance therewith may be enforced by injunctive relief at the suit of the County or the owner or owners of land within the district affected by the regulations of this section.

(9)

Validity. Should any section, clauses or provision of this section be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

(10)

Definitions. For the purpose of this section, certain terms and words are defined as follows:

Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure" and the word "shall" is mandatory and not discretionary.

(a)

Accessory building means a subordinate building or portion of the main building, the use of which is incidental to the permitted use of the main building.

(b)

Agricultural event center means a farm based enterprise or business that provides a facility for hire for social gatherings including but not limited to meetings, parties, weddings, receptions, and barn dances. The use must promote the retention of the rural nature of the community in which it is located.

(c)

Airport, Public means any airport which complies with the definition contained in Wis. Stats. § 114.013(3), or any airport which serves or offers to serve any common carriers engaged in the air transport.

(d)

Alley means a public or private way of affording only secondary means of access to the abutting property.

(e)

Automobile wrecking yard means any parcel on which there is located two or more inoperable and/or unlicensed self-propelled vehicles and/or associated parts thereof, which are stored in the open. A vehicle is stored in the open if it is not located within a building as defined by this section. Valid license plates shall be properly displayed on the vehicle for it to be considered operable.

(f)

Basement means a story partly or wholly underground.

(g)

Bed and breakfast establishment means anyplace of lodging that provides eight or fewer rooms for rent to tourists or transients, is the owner's personal residence and is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.

(h)

Billboard means a large advertising sign without size limitations.

(i)

Block means that property abutting on one side of a street between the two nearest intersecting streets, railroad right-of-way, or natural barriers; provided, however, that where a street curves so that any two chords thereof form an angle of 120 degrees or less, measured on the lot side, such curve shall be considered as an intersecting street.

(j)

Boarding house means a building or premises where meals are served by pre-arrangement for definite periods of time for compensation for five or more persons, and not exceeding 20 persons, not open to transients, in contradistinction to hotels and restaurants open to transients.

(k)

Boathouse, private means an accessory building on the same lot with a residence, designed for the protection or storage of boats, which shall not be used for either temporary or permanent dwelling purposes.

(l)

Boat liveries means establishments offering the rental of boats and repairs and fishing equipment.

(m)

Building means a structure having a roof supported by columns or walls. Each portion of a building separated by division of walls from the ground up, without openings in those walls, is a separate building for the purpose of this section.

(n)

Building, Front of means that side of a building which faces toward the principal road, street, highway or serving the same.

(o)

Building envelope means the three dimensional space within which a structure is built.

(p)

Building site means the space or area of ground upon which a building is to be erected, which it will exactly cover.

(q)

Camp means a premises, including temporary and permanent structures, which is operated as an overnight living quarters where both food and lodging or facilities for food and lodging are provided for children or adults or both children and adults for a planned program of recreation or education, and which is offered free of charge or for a payment of a fee by a person or by the State or a local unit of government. Camp does not include any of the following:

An overnight planned program of recreation or education for adults or families at an establishment holding a current campground, hotel, motel or restaurant permit.

An overnight planned program, recreation or education for less than four consecutive nights and without permanent facilities for food and lodging.

An overnight planned program for credit at an accredited academic institution of higher education. A tournament, competition, visitation, recruitment, campus conference or professional sports team training camp. Recreational and educational camp has the meaning prescribed for camp.

(r)

Campground means any parcel or tract of land designed, maintained, intended or used for the purpose of providing a location for overnight camping or for providing accommodations for overnight use of camping units which is open to the public, regardless of whether or not a fee is charged. Three or more camping units shall constitute a campground.

(s)

Camping unit means any portable unit, not more than 400 square feet in area, used as a shelter, including, but not limited, to a camping trailer, motor home, bus, van, pickup truck camper, or mobile recreational vehicle.

(t)

Club means an association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

(u)

Commercial recreational establishment mean any activity providing recreational use of a property in exchange for money or other considerations.

(v)

Commercial stable means the use of land with related buildings or structures for the commercial breeding, rearing or boarding of more than four horses.

(w)

Commercial vehicle means any vehicle used for commercial purposes that is five-ton rated capacity or larger.

(x)

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide prepared by the USDA, Natural Resource Conservation Service, for Portage County adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets their needs in developing their Soil and Water Conservation Plan.

(y)

Contractor storage yard means a place where heavy equipment, vehicles, construction equipment or any material commonly used in the erection of any structure is stored or accumulated. Projects with active permits involving the materials on site shall not be considered a contractor's storage yard.

(z)

Construction site erosion plan means plan developed and implemented to insure that during construction and times of soil disturbance, no sediments are delivered to surface water, wetland/hydric soils, and/or adjacent parcels until vegetation has been successfully established and/or a stormwater control plan is implemented.

(aa)

Dangerous or wild animal means and includes any animal which is not naturally tame or which, because of its size, vicious nature, or other characteristic could constitute a danger to human life or property if the animal is not contained on its premises.

(ab)

Development regulations means the part of a zoning ordinance that applies to elements including, but not limited to, setback, height, lot coverage, and yard requirement.

(ac)

District means a section or sections of Portage County for which the regulations governing the use of land and buildings are uniform.

(ad)

Dry sail marina means a marina located within one mile of a navigable body of water for the temporary storage and launch of ready to sail boats.

(ae)

Dwelling, multiple-family means a building or portion there-of used or intended to be used by two or more families living independently of each other.

(af)

Dwelling, single-family means a detached building designed for, and occupied exclusively by, one family.

(ag)

Dwelling, two-family means a detached building designed for, an occupied exclusively by, two families.

(ah)

Family means any number of individuals related by blood, adoption, marriage, or not to exceed five persons not so related, living together on the premises as a single housekeeping unit, including any domestic servants.

(ai)

Fall zone means area that the tower would fall into that is equal to or greater than the height of the tower. Height of a WEGT is measured from the ground to the tip of the blade when the blade is at its highest point.

(aj)

Farm means an area of land devoted to the production of field or truck crops, livestock or livestock products, which constitute the major use of such property. This includes fur farms in which the animals are housed and fed under artificial conditions.

(ak)

Farm residence means a single-family dwelling that is occupied by any of the following:

An owner, operator or employee of the farm.

A parent or child of an owner or operator of the farm.

(al)

Farm animal includes but not limited to, poultry, fowl, cattle, sheep, swine, goats, venison, horses, ungulates, fish, and/or animals associated with a farming operation.

(am)

Flood fringe means that portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.

(an)

Floodplain means land which has been or maybe covered by flood water during the regional flood. It includes the floodway and flood fringe, and may include other designated floodplain areas for regulatory purposes.

(ao)

Flood protection elevation means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood.

(ap)

Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

(aq)

Floor area means the area within the outer lines of the exterior walls of a building, at the top of the foundation or basement wall; provided that the floor area of a dwelling shall not include space not usable for living quarters, such as attics, utility or unfinished basement rooms, garages, breeze ways and unenclosed porches, or terraces.

(ar)

Flowage means the reach of a navigable watercourse that is outside its normal channel because of a man-made obstruction.

(as)

Fur farm means any property comprising land or buildings or both, used for the purpose of raising or harboring fur bearing animals including those defined in Wis. Stats. § 29.01(3)(c), and also including chinchillas and other fur bearing animals, if any, whether the animals are kept for breeding or slaughtering or pelting purposes.

(at)

Garage, public means a building or portion thereof used for the housing or care of motor vehicles for the general public or where any such vehicles are equipped or repaired for remuneration or kept for hire or sale.

(au)

Garage, private means an accessory building or accessory portion of the main building, used or designed or intended to be used for the storage of private motor vehicles.

(av)

Highway. See "Street".

(aw)

Highway, intersecting means a highway or any political jurisdiction which forms one or more legs of an interchange with another highway and to which access is only partially controlled.

(ax)

Hotel means a place where sleeping accommodations are offered for pay to transients, in five or more rooms, and all related rooms, buildings and areas.

(ay)

Kennel means the use of land with related buildings or structures for the commercial breeding, rearing or boarding of more than four dogs over the age of eight months of age.

(az)

Less restricted means the use of land or building first permitted in a certain District is less restricted than other uses first permitted in Districts appearing earlier in the numerical order in which such Districts are numbers in this section.

(ba)

Lodging Houses means a building other than a hotel, where lodging is provided for compensation, for five or more persons not members of a family.

(bb)

Lot means a parcel of land occupied or designed to be occupied by one building and its accessory buildings or uses, including the open spaces required by this section, and abutting on a public street or other officially approved means of access. A lot may be a parcel designated in a plat or described in a conveyance recorded in the Office of the Register of Deeds, or any part of a larger parcel when such part complies with the requirements of this section as to width and area for the District in which it is located.

(bc)

Lot, corner means a lot located in the intersection of two streets, any two corners of which have an angle of 120 degrees or less, or is bounded by a curved street, any two chords of which, on the inside of a curve, from an angle of 120 degrees or less.

(bd)

Lot, interior means a lot which is not a corner lot.

(be)

Lot lines means the lines bounding a lot as defined herein.

(bf)

Lot of record means any validly recorded lot which at the time of its recording complied with all applicable laws, Ordinances, and regulations.

(bg)

Lot width means, for purposes of this section, the width of a lot shall be the shortest distance between the side lines at the setback line.

(bh)

Manufactured home means a structure transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40-body feet or more in length, or when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein and which complies with all manufactured home construction and safety standards established under 42 U.S.C. 5401-5426, which became effective June 15, 1976.

(bi)

Marina means a facility located on a body of water which provides docking, storage, maintenance and other facilities for boats.

(bj)

Mobile home means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet.

(bk)

Mobile home park means an area of premises on which is provided the required space for the accommodation of two or more trailers, mobile homes, and/or manufactured homes, together with necessary accessory buildings, driveways, walks, screening and other required adjuncts.

(bl)

More restricted means the use of land or building first permitted in a certain District is more restricted than other uses first permitted in districts appearing later in the numerical order in which such districts are numbered in this section.

(bm)

Motel means a hotel that furnishes on-premise parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a "motel" rather than a "hotel" at the request of the operator.

(bn)

Nonconforming building or structure means a building or structure that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance.

(bo)

Nonconforming use means a use of a building or premises that does not conform with the regulations of the District in which it is situated.

(bp)

Ordinary high water mark (OHWM) means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

(bq)

Park, amusement means an area, publicly or privately owned, containing amusement and recreation facilities and devices, whether operated for profit or not.

(br)

Park, public means an area owned by the County or municipality within the County, operated for the convenience and recreation of the public, and containing such facilities as the owning municipality shall see fit.

(bs)

Parking lot means a lot where automobiles are parked or stored temporarily, but not including the wrecking of automobiles or other vehicles or storage for the purpose of repair or wrecking.

(bt)

Person means except when otherwise indicated by the context, the word "person" shall include the plural, or a company, firm, corporation or partnership.

(bu)

Premises means a house, building and its lands.

(bv)

Professional office means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician, or other recognized professional.

(bw)

Protected shoreland area means all shorelands of navigable waters in Portage County outside of incorporated cities and villages which are less than 1,000 feet from the normal high water elevation of lakes, ponds, or flowages or less than 300 feet from the normal high water elevation or to the landward side of a floodplain or navigable reaches of rivers or streams, whichever is greater.

(bx)

Recreation camp means an area containing one or more permanent buildings used occasionally or periodically for the accommodation of members of associations or groups for recreational purposes.

(by)

Regional flood means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the Regional Flood Elevation (RFE) is equivalent to the Base Flood Elevation (BFE).

(bz)

Residential dwelling means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.

(ca)

Residential lot means any lot that has a residence and the principle use of the lot is for the residence, regardless of the underlying zoning district.

(cb)

Riding stable means a building or premises used for the rent or lease of horses or animals for riding.

(cc)

Roadside stand means a structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products on the premises (or adjoining premises). There shall not be more than one such roadside stand on any single premise.

(cd)

Salvage yard means means a site or facility at which salvageable materials are stored or sold or at which wrecking, dismantling or demolition of salvageable materials are conducted, including automobile junkyards, scrap metal salvage yards and similar uses, except commercial recycling operations. Two or more inoperative vehicles or pieces of equipment stored outside of a completely enclosed building shall constitute a salvage yard.

(ce)

Service station means any building, structure, premises or other place used for the dispensing, sale or offering for sale of any motor fuel or oil, having pumps and storage tanks; also where battery, tire and similar services are rendered, but not including buildings or premises where such business is incidental to the conduct of a public garage used for the repair or storage of motor vehicles.

(cf)

Setback lines means lines established adjacent to highways for the purpose of defining limits within which no building or structure or any part thereof shall be erected or permanently maintained, except as shown herein. "Within a setback line" means between the setback line and the highway right-of-way.

(cg)

Short-term rental means a residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days. A short-term rental may include a tourist rooming house.

(ch)

Sign means anything erected, hung, suspended, painted or attached to any structure, carrying words, letters, figures, phrases, sentences, names, designs, trade names or trade makers of any other device placed so as to be visible from a street or highway and calling attention to a business, trade, profession, commodity, product, person, firm or corporation.

(ci)

Sign directory means a sign displaying the name of a person, community, home, farm, area or locality of interest, business or a kind of business or service conducted at a specific location, but not any general brands, products or services whether related or unrelated to such specific location. Such a sign may also display necessary brief directions, including the distance to the location to which it refers.

(cj)

Slaughter house means any building or premises used for the killing or dressing of rabbits, poultry, fowl , fish, cattle, sheep, swine, goats, venison, horses, or other ungulates, and the storage, freezing and curing of meat and preparation of meat products.

(ck)

Soil disturbance means fill, grading, and/or extraction covering 1,000 square feet or more that is not an agricultural related practice.

(cl)

Solid waste disposal site (agricultural, commercial and industrial zoning districts) means outside storage for any used, secondhand or refuse material, including but not limited to garbage, rubbish, ashes, street refuse including street sweepings, industrial waste, demolition waste, construction waste material, excavation waste or contaminated soils not in connection with a permitted use, etc. For these Zoning Districts, a site shall be considered a Solid Waste Disposal Site if this storage occupies in total area:

•

For parcels five acres or less: 500 square feet or more (unless in conjunction with a farm operation).

•

Parcels larger than five acres are subject to the above language if the material(s) in question is not being used or intended to be used for agricultural production.

(cm)

Solid waste disposal site (residential, recreation, and conservancy zoning districts) means outside storage for any used, secondhand or refuse material, including but not limited to garbage, rubbish, brush piles, ashes, street refuse including street sweepings, machinery and/or engines not in operating condition (including motor vehicles), industrial waste, demolition waste, construction waste material, excavation waste or contaminated soils not in connection with a permitted use. For these Zoning Districts, a site shall be considered a Solid Waste Disposal Site if this storage occupies in total area:

•

For lots one acre or less: 100 square feet or more.

•

For lots greater than one acre but less than two acres: 150 square feet or more.

•

For lots greater than two acres but less than three acres: 200 square feet or more.

•

For lots greater than three acres: 250 square feet or more

A proposed or intended us by the owner of the used or secondhand materials does not constitute an exception to this definition.

(cn)

Special exception means the use of property, including the use and location of buildings, the size of lots and the dimension of required yards, otherwise not allowable under the terms of this section, which is permissible by reason of special provision of this section, or for which a special permit may be issued by the Board of Adjustment, under conditions specified in this section.

(co)

Stormwater control plan means plan designed and implemented to control stormwater for a 25-year storm event. Stormwater Control Plans shall be designed to capture and/or control all runoff from proposed impervious surfaces. The 25-year storm event is based on standards found in the USDA-NRCS Engineer Field Handbook. Stormwater Control Plans must utilize at least six inches of best available vegetated topsoil. The Stormwater Control Plan standards may be reduced through the use of a restored enhanced vegetative buffer zone subject to approval by Planning and Zoning Staff.

(cp)

Story means the vertical distance between the surface of any floor and the floor next above it, or if there be no floor above it, the space between such floor and the ceiling next above it.

(cq)

Story, half means a story under any roof except a flat roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.

(cr)

Street means a public or private thoroughfare which affords a primary means of access to abutting property. A driveway to a farm building shall not be considered a street for the purpose of determining setback, even though such driveway may have been designated a town road for the purpose of maintenance.

(cs)

Street line means the dividing line between a street and the abutting lot.

(ct)

Structural alterations means any change in the supporting members of a structure such as bearing walls, columns, beams or girders, footings and piles.

(cu)

Structure means any man-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, which includes, but is not limited to, such objects as roofed and walled buildings, gas or liquid storage tanks, bridges dams and culverts.

(cv)

Substandard lot means a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements.

(cw)

Temporary structure means a movable structure not designed for human occupancy which may be used for the protection of goods or chattels.

(cx)

Tourist or transient means a person who travels to a location away from his or her permanent address for a short period of time for vacation, pleasure, recreation, culture, business, or employment.

(cy)

Tourist rooming house means lodging places and tourist cabins and cottages, other than hotels and motels and campgrounds, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments.

(cz)

Trailer means any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means, which is used or originally designed to be used for residential, living or sleeping purposes.

(da)

Trailer Camp. See "Mobile Home Park".

(db)

Transient. See "Tourist or Transient".

(dc)

Unnecessary hardship means an unusual or extreme decrease in the adaptability of the property to the uses permitted in the District which is caused by facts, such as terrain or soil conditions, uniquely applicable to the particular pieces of property as distinguished from those applicable to most or all property in the District.

(dd)

Variance means a departure from the terms of this section as applied to a specific building, structure or parcel of land, which the Board of Adjustment may permit, contrary to the regulations of this section for the District in which such building, structure or parcel of land is located, when the Board finds that literal application of such regulations will effect a limitation of the use of the property which does not generally apply to other properties in the same District, and for which there is no compensating gain to the public health, safety or welfare.

(de)

Vision clearance means an unoccupied triangular space at the triangular space at the intersection of highways or streets with other highways, streets or roads, or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street, road or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from their intersection as specified in this section.

(df)

Watercourse means a natural channel or basin of or for water, such as a stream, creek, river, lake, pond, flowage or any natural or artificial canal or ditch for the conveyance of water.

(dg)

Water line means the shortest straight line that lies wholly within a lake or stream lot, provided that not less than 75 percent of the total length of such line shall be on, or on the landward side of, the ordinary high-water mark of such lake or stream.

(dh)

Wetlands means those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

(di)

Yard means an open space on a lot, on which a building is situated, unoccupied except as otherwise provided in this section, open and unprotected from the ground to the sky by structures.

(dj)

Yard, front means a yard extending across the full width of the lot and measured between the front line of the lot and the front line of the building.

(dk)

Yard, rear means a yard extending from the rear line of the main building to the rear lot line for the entire width of the lot, excluding such projections as are permitted hereinafter.

(dl)

Yard, side means a yard on each side of the main building extending from the side wall of the building to the side lot line, and from the front yard to the rear yard. When an accessory building is constructed as part of the main building or constructed on one side of the main building, the side yard requirements shall be the same for the accessory building as required for the main building.

(11)

When Effective.

This section and any amendments thereto shall be in effect in all protected shoreland areas of Portage County outside of incorporated cities and villages upon passage by the County Board and shall be in effect in the remaining areas of any town in Portage County when approved by the town board and when a certified copy of the approving resolution is filed with the County Clerk. All rezoning Ordinances or parts of Ordinances in conflict with provisions of this Ordinance are hereby repealed.

The Portage County interim Zoning Ordinance, enacted November 13, 1964 and as amended, shall remain in effect in each Town which has ratified the same for a period of one year following passage of this comprehensive Zoning Ordinance by the County Board or until such comprehensive Zoning Ordinance is approved by the board of said town, whichever period is shorter. (Wis. Stats. § 59.69(2)(e), Chapter 343, Laws of 1965).

(Res. No. 58, 11-14-1966; Ord. of 7-31-1995; Ord. of 6-28-1999; Ord. of 5-1-2000; Ord. of 1-16-2007; Ord. of 6-17-2008; Ord. of 5-19-2009; Ord. of 7-20-2010; Res. No. 95-2010-2012, 12-21-2010; Res. No. 136-2010-2012, 3-15-2011; Res. No. 225-2012-2012, 11-4-2013; Res. No. 133-2014-2016, 8-18-2015; Res. No. 200-2014-2016, 2-16-2016; Res. No. 126-2016-2018, 5-16-2017; Res. No. 26-2018-2020, 8-27-2018; Res. No. 198-2020-2022, 2-15-2022)

Belmont Town Portage County
City Zoning Code

Sec. 7.1

Portage County Zoning.

The County Board of Supervisors of Portage County does ordain as follows:

7.1.1 - District And District Maps.

Section 7.1.2(1) R2 Single Family Residence District

Section 7.1.2(2) R4 Multiple Family Residence District

Section 7.1.2(3) R1 Rural and Urban Fringe Residence District

Section 7.1.2(4) R3 One and Two Family Residence District

Section 7.1.2(5) R5 Waterfront Residence District

Section 7.1.3(1) A4 General Agricultural District

Section 7.1.3(2) CON Conservancy District

Section 7.1.3(3) REC Recreational District

Section 7.1.3(4) A1 Exclusive Agricultural District

Section 7.1.3(5) A2 Agricultural Transition District

Section 7.1.3(6) A3 Low Density Agricultural District

Section 7.1.3(7) A20 Primary Agricultural District

Section 7.1.3(8) RL Rural Limited District

Section 7.1.4(1) C2 Marina District

Section 7.1.4(2) C3 Commercial District

Section 7.1.4(3) C4 Highway Commercial District

Section 7.1.4(4) C1 Neighborhood Commercial District

Section 7.1.4(5) Planned Development District

Section 7.1.5(1) IND Industrial District

7.1.2 - Residence Districts.

(1)

Single Family Residence District (R2).

(a)

(b)

Uses. The following uses are permitted:

Single family dwellings, defined for purposes of this subsection only, as detached buildings being a minimum width of 20 feet designed for and occupied exclusively by one family.

Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.

Parks and playgrounds.

The maximum cumulative square footage shall be allowed as follows:

Lots smaller than two acres—2,800 square feet.

ii.

Lots two acres or larger—3,200 square feet.

The Planning and Zoning Department may require increased screening and/or increased setbacks for individual accessory buildings exceeding 2,000 square feet in size.

An accessory structure shall be designed such that its length does not exceed two times its width, its maximum height at roof peak shall be not greater than 20 feet.

The design and color of the accessory structure shall complement the residence.

There shall not be any commercial activity conducted out of an accessory building.

Gardening and greenhouses to be used for private use only. A detached greenhouse will count towards accessory building square footage.

Signs, as follows:

Not more than two directory signs, which must be placed in relation to the right-of-way line as shown in subparagraph 7.1.6(1)(a)10.

10.

Short-term rentals.

Some or all of the site plan review standards of 7.1.6(1)(a)9. may apply.

Occupancy of a short term rental may be limited by the private onsite wastewater treatment system.

11.

Bed and breakfast establishment.

Some or all of the site plan review standards of 7.1.6(1)(a)9. may apply.

Occupancy of a bed and breakfast may be limited by the private onsite wastewater treatment system.

(c)

Accessory building(s) exceeding the maximum square footage set forth in section 7.1.2(1)(b)4.

Accessory building(s) not meeting the provisions set forth in section 7.1.2(1)(b)4.

Schools, churches and cemeteries.

(d)

Height, Yards, Area and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

Lot Width. Minimum lot width shall be 100 feet at the building line.

Side Yards. There shall be a ten-foot minimum setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

(2)

Multiple Family Residence District (R4).

(a)

(b)

Use. The following uses are permitted:

Any use permitted in the Single Family Residence District.

Multiple family dwellings; four or less.

Lodging and boarding houses.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Any use listed as a special exception in the Single-Family Residence District.

Mobile home parks, when each such park shall have been approved in writing by the Board of Adjustment, after public hearing. In addition, such mobile home parks shall meet the following requirements;

Every mobile home park and mobile home within the park shall be located on a well-drained area and shall be properly graded to prevent the accumulation of storm or other waters.

Each site shall be clearly delineated on plans submitted to the department or its agent for approval.

No basic unit may be located closer than ten feet to:

Any buildings such as a pump house, the office building for the park, a laundry building or a recreational building, except a garage or accessory structure belonging to the site or occupant;

ii.

Any property line of the park; or

iii.

The right-of-way line of a street within the park.

Parking spaces in a ratio of one and one-half; for each site shall be provided and maintained in good condition.

ii.

iii.

The plantings listed in subsection i. and ii. be established and maintained per "Central Wisconsin Partnership Windbreak Standards".

It shall be conditions of the granting of a permit for the establishment of any such mobile home park, and a continuing of conditions for the operation of the same that:

All parking spaces, walks and driveways be constructed and maintained so as to prevent the accumulation of surface water and the formation of substantial muddy areas.

That sanitary facilities as approved by the State of Wisconsin be established and maintained.

Private clubs and fraternities not part of mobile home parks.

Multiple family dwellings; five or more.

(d)

Height, Yards, Area And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

No. of Families	Lot Area	Floor Area (see 7.1.6(10))
1	20,000 square feet	550 square feet
2 (on 2 floors)	20,000 square feet	1,100 square feet
2 (on 1 floor)	20,000 square feet	1,200 square feet
3	24,000 square feet	1,500 square feet
4	28,000 square feet	1,900 square feet

Lot Width. The minimum lot width shall be 100 feet at the building line.

Side Yards. There shall be a ten-foot minimum setback from each side yard.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See Paragraph 7.1.6(1)(e).

(3)

Rural And Urban Fringe Residence District (R1).

(a)

(b)

Uses. The following uses are permitted:

Any use permitted in the R2 Single Family Residence District.

(c)

Special Exception Uses. The following uses are permitted upon proper application as provided in this section particularly items a. and b. of subparagraph 7.1.6(2)(a)2. only after such use shall have been approved in writing by the Board of Adjustment, after public hearing. Such approval shall be consistent with the general purpose and intent of this section and shall be based upon such evidence as may be presented at such public hearing, tending to show the desirability of specific uses from the standpoint of the public interest because of such factors as (without limitation because of enumeration) smoke, dust, noxious gases and odors, noise, glare, vibration, operation of heavy machinery, heavy vehicular traffic, increased traffic on streets and other safety and health factors; such uses shall be required to conform with the plan approved by the Board of Adjustment and shall meet the specific conditions attached below and such other conditions as the Board of Adjustment deems necessary in furthering the purpose of this section.

Any use listed as a special exception in the Single Family Residence District.

Ponds and/or excavations incidental to uses in this district exceeding 10,000 square feet of total area.

Temporary, movable roadside vegetable/produce stands for the sale of products grown on the same premises.

Utilities, communication lines, towers and related structures.

Single family homes less than 20 feet wide.

(d)

Height, Yards, areas And Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See Paragraph 7.1.6(1)(c).

Floor Area. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area as follows:

If occupied or to be occupied for six months or longer in any one calendar year (year-round occupancy), the floor area shall not be less than 720 square feet.

If occupied or to be occupied for less than six months in any one calendar year (seasonal occupancy), the floor area shall not be less than 400 square feet. See subsection 7.1.6(10), floor area.

Lot Width. Minimum lot width shall be 200 feet at the building line.

Rear Yard. There shall be a 25-foot minimum setback from the rear yard.

Setback Lines. See subsection 7.1.6(6) and 7.1.6(1)(d)6.

Off-Street Parking. See paragraph 7.1.6(1)(e).

(4)

One and Two Family Residence District (R3).

(a)

(b)

Uses. The following uses are permitted:

Any use permitted in the R2 Single Family Residence District.

Two-family dwellings.

(c)

Any use listed as a special exception in the Single Family Residential Zoning District.

(d)

Heights, Yards, Area and Other Requirements.

Height. Except as otherwise provided in this section, no building shall exceed a height of 35 feet. See paragraph 7.1.6(1)(c).

No. of Units	Lot Area	Floor Area
1	30,000 sq. ft.	700 sq. ft.
2	30,000 sq. ft.	1,100 sq. ft.