In any zone, no building or land shall be used, no building shall be erected, structurally altered or relocated after the effective date of the ordinance from which this chapter is derived, except for one or more of the uses as established in this chapter for that zone and the with the restrictions established under section 58-236, where applicable.

(1)

Any dwelling assembled or placed shall have not less than 720 square feet of habitable space. For purposes of determining habitable space, decks, patios, open porches, attached garages, basements (where the floor of such basement is below finished grade), and any portions of attics or lofts which are less than seven feet in height shall not be used in determining habitable space.

(2)

In addition to the above noted requirements, any manufactured home placed or moved shall meet the following requirements as well as those of subsection 58-236(b)(11):

a.

The unit shall be placed on a permanent foundation with adequate anchoring provisions to prevent wind damage.

b.

The foundation of the unit shall be entirely enclosed to prevent access by vermin or debris, and shall be of fireproof material.

c.

All requirements of the Wisconsin Uniform Dwelling Code shall be complied with including, but not limited to the foundation and all electrical and plumbing connections.

(Ord. No. 76, § 2.09(1), 3-13-1984; Ord. No. 343, 3-12-2002; Ord. No. 610, 4-18-2017)

Accessory buildings and uses customarily incidental to the permitted use shall be permitted subject to the requirements of this section and other requirements, as may be designated for that zone in which they are located, and the following requirements:

(1)

Accessory buildings, structures and uses shall be compatible with the principal uses and shall not be used for lounging, cooking, eating, sleeping, or any form of human habitation, occupancy or living purposes, even if on a temporary or incidental basis.

(2)

Accessory buildings, structures and uses established prior to the principal use, and accessory building, structures and uses with overhead storage or an approved additional level or stage are required to submit a detailed site plan in accordance with section 58-164 and execute a verified affidavit and restrictive covenant running with the land regarding the use of the accessory building for living purposes, meeting the following requirements:

a.

A subscription clause.

b.

The legal description of the property.

c.

The names of the persons, firms and corporations having an interest in the property who shall also execute the covenant and affidavit.

d.

The names and addresses of all persons, firms or corporations holding a security interest in the property who shall also execute the covenant and affidavit.

e.

A statement that the affidavit and covenant is given by the owner and all interested parties in the property in order to obtain a land use permit from the county zoning office for the purposes of constructing an accessory building on the described property in accordance with the provisions of this chapter.

f.

The affidavit and restrictive covenant running with the land shall bind the property owners, grantees, successors, heirs or assigns of the property.

g.

Set forth the condition that should buildings permitted as an accessory use be used for living purposes as a dwelling under this chapter that any land use permit issued by the county shall be null and void and the occupancy of such dwelling for living purposes shall be considered to be a violation of this chapter.

Such affidavit and restrictive covenant running with the land shall be recorded in the register of deeds office for the county and shall be considered a restrictive covenant running with the land and shall inure to the benefit of the county, all abutting and contiguous properties to that of the subject property, as well as the residents of the county.

(3)

Any accessory buildings or structures shall not exceed one story or 18 feet maximum building height in the RS-10, RS-20 and R-M zoning districts. Accessory structures in a shoreland zone shall also comply with 58-903.

(4)

Any accessory buildings or structures shall not exceed one story in any agricultural zoning district, unless the accessory building or structure is used for general farm use, as defined in subsection 58-453(2) of this Code. Landowner shall submit an accessory building affidavit in accordance with subsection (2) of this section.

(5)

Within an accessory structure, building or use an overhead storage area will be permitted in both the residential and agricultural zoning districts. Said area shall not span the entire foot print of the structure, shall not exceed 50 percent or 400 square feet of the floor area, whichever is more restrictive, shall not contain any walls, doors, and/or windows, shall not exceed a ceiling height of seven feet and shall have a minimum of one open side to area below. The landowner shall submit an accessory building affidavit in accordance with subsection (2) of this section.

(6)

An accessory building, structure or use in a side or rear yard shall not be less than 7½ feet from any property line, and other setbacks required elsewhere.

(7)

Interior walls and plumbing are not permitted unless it is demonstrated it is necessary for the intended accessory use of the building. No decks, patios, fireplaces, or other appurtenances normally associated with living are permitted. Individual doors or access openings shall be no more than one third transparent.

(Ord. No. 76, § 2.09(2), 3-13-1984; Ord. No. 89, § 1(2.09(2)), 6-9-1987; Ord. No. 194, § 1(2.09(2)), 4-11-1995; Ord. No. 370, 5-13-2003; Ord. No. 438, 3-14-2006; Ord. No. 490, 2-12-2008; Ord. No. 496, 5-13-2008; Ord. No. 522, 3-9-2010; Ord. No. 541, 3-20-2012; Ord. No. 576, 3-18-2014; Ord. No. 583, 3-17-2015; Ord. No. 591, 3-15-2016; Ord. No. 635, 3-19-2019; Ord. No. 651, 4-21-2020)

(a)

Uses such as real estate sales field office, temporary sawmills or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the zoning administrator upon issuance of a land use permit for a period not to exceed six months, unless specified otherwise herein.

(b)

A single camping trailer, travel trailer, or mobile camper or unit (as defined in section 58-9) may be used for temporary living purposes during the construction of a single-family or two-family home in all districts providing that all of the following conditions are met:

(1)

The placement of the unit is for a period of time beginning upon the date of the issuance of the applicable land use permit, not to exceed one year.

(2)

The unit is served by sanitary facilities that meet all minimum requirements of division 2, article II of chapter 54, and the applicable state administrative codes.

(3)

A building permit has been issued from the building inspector for the new home.

(4)

And all other requirements of this chapter are complied with.

(c)

A temporary asphalt plant located in a permitted non-metallic mining facility is permitted as a temporary use for a period not to exceed six months, provided it is associated with a permitted highway improvement project, a land use permit is obtained documenting the temporary use, and the plant complies with all state and federal regulations regarding the operation of such a facility. Multiple permits issued to the same operator in substantially the same location over subsequent years will not be considered a temporary permit.

(Ord. No. 76, § 2.09(3), 3-13-1984; Ord. No. 320, 5-8-2001; Ord. No. 512, 3-10-2009; Ord. No. 554, 3-19-2013; Ord. No. 635, 3-19-2019)

(a)

Any use not listed as a permitted or conditional use shall be considered to be prohibited except as provided in this article. Where deemed appropriate, the zoning committee and the zoning administrator shall have the authority to authorize uses not specifically enumerated in this article. Any person aggrieved by these determinations can appeal to the board of adjustment as authorized by sections 58-104 and 58-106.

(b)

Portable storage facilities (including shipping containers, cargo containers, portable on demand storage (PODS), and store and move (SAM) containers, busses, heavy duty trucks and their bodies, semi-trailers, freight containers, mobile homes and similar items) which are no longer in use for their designated purposes and/or are un-licensed and considered un-road worthy are prohibited.

(Ord. No. 183, § 1(2.09(4)), 3-8-1994; Ord. No. 651, 4-21-2020)

(a)

Relative to setbacks and uses other than shoreland. For shoreland nonconforming structures see subsection 58-903(s).

(b)

The following general provisions shall apply to all nonconforming uses and structures:

(1)

"Continued use." Any nonconforming use or structure which existed lawfully at the time of the adoption of the ordinance from which this chapter is derived or amendment thereto may be continued although such use or structure does not conform with the provisions of this chapter subject to the limitations listed in subsection (b)(2) of this section.

(2)

"Limitations." Any nonconforming use or structure which constitutes a human health hazard shall not be permitted to continue as nonconforming. No nonconforming structure or use during its total lifetime shall be expanded in excess of the parameters of subsections (b)(5)a—c, below, unless permanently changed to conform to the regulations of this chapter.

(3)

"Discontinued nonconforming use." If a nonconforming use is discontinued for a period of 12 months or more, any future use of the structure or property shall conform to the Code. All nonconforming uses are permitted a 25 percent expansion over the lifetime of the nonconforming use.

(4)

"Maintenance, remodeling, rebuilding, renovation and repair of nonconforming structure." An existing structure that was lawfully placed when constructed but that does not comply with one or more of the required setbacks of this Code may be maintained, renovated, rebuilt, remodeled, and repaired within its existing building envelope.

(5)

"Repairs and expansions of nonconforming structure."

a.

An existing principal or accessory structure that was lawfully placed when constructed but is less than one-half of any required setback of this Code (other than required water setback) shall comply with subsection (b)(4) listed above.

b.

An existing principal or accessory structure that was lawfully placed when constructed but is one-half or more of any required setback of this Code (other than required water setback), or that doesn't meet the applicable visual clearance setback, shall comply with subsection (b)(4) above, and may also expand its total building footprint by no more than 25 percent, providing the expansion does not increase the degree of nonconformity, is not constructed to a height that is higher than any portion of the existing structure, and complies with all other provisions of this Code, including the impervious surface limitations of subsection 58-903(q), if applicable. If the expansion shall consist solely of an open deck or patio on the principal structure, such open deck or patio may consist of up to 50 percent of the existing footprint of the nonconforming structure. If the proposed expansion to the principal structure shall consist of both enclosed space and an open deck or patio, then each portion shall be limited to 25 percent of the existing square footage of the nonconforming structure.

(6)

An existing nonconforming use or structure that was originally lawfully placed or utilized, and which is nonconforming according to more than one section of this Code shall comply with the standards of the most restrictive section.

(c)

In addition to the general provisions listed in subsection (b) above, the following provisions shall also apply to all nonconforming uses or structures that do not meet required setbacks:

(1)

Any structural alteration or repair to any nonconforming use or structure located within the floodplain shall comply with chapter 18 of this Code.

(2)

An existing accessory building or structure that was lawfully placed when constructed but that does not comply with the required water setbacks of this Code shall comply with section 58-903 of this chapter.

(3)

Open decks and patios attached to the principal structure on a parcel, and that are within any required setback of this chapter, may be authorized to have an exact replacement of the nonconforming open deck or patio by the zoning administrator without the necessity of seeking a variance from this chapter, provided all of the following provisions are met:

a.

Proper verification of the size, location, height and dimensions of the nonconforming deck or patio is made by qualified staff prior to commencement of the maintenance, repair or replacement, and those verified dimensions are strictly adhered to.

b.

The repair, maintenance or replacement of the attached open deck or patio does not make the principal structure any more nonconforming than before the replacement.

c.

The existing open deck or patio is entirely contained on the applicant's property and does not go over a lot line, into a right-of-way or easement, is located in any wetland area, or extends beyond the ordinary high-water mark of a navigable body of water.

d.

All other Code requirements, including building codes, are complied with.

(4)

For the purposes of replacing or reconstructing a nonconforming building with walls, the footprint shall not be expanded by enclosing the area that is located within the horizontal plane from the exterior walls to the eaves, projected to natural grade; or from the floor of an open structure (one without roof or walls), down to natural grade; or from the floor of an open structure upward to enclose previously open space, as this would constitute a lateral expansion.

(Ord. No. 76, § 2.10, 3-13-1984; Ord. No. 122, § 1, 6-13-1989; Ord. No. 289, § 1(2.10), 5-9-2000; Ord. No. 512, 3-10-2009; Ord. No. 535, § 1, 10-18-2011; Ord. No. 541, 3-20-2012; Ord. No. 544, § 1, 4-17-2012; Ord. No. 554, 3-19-2013; Ord. No. 576, 3-18-2014; Ord. No. 583, 3-17-2015; Ord. No. 591, 3-15-2016; Ord. No. 610, 4-18-2017; Ord. No. 624, 3-20-2018; Ord. No. 635, 3-19-2019)

(a)

Generally. Uses listed as conditional uses within the respective zones may be permitted upon the issuance of a conditional use permit pursuant to section 58-163. Conditional uses shall meet the general criteria enumerated in section 58-163 and the requirements of this section established for the respective conditional uses.

(b)

Standards. The standards for selected conditional uses are as follows:

(1)

Campgrounds. Campgrounds may be permitted, provided that:

a.

The minimum size of a campground shall be ten acres.

b.

The maximum number of camping sites shall be ten per acre.

c.

The minimum dimensions of a camping site shall be 50 feet wide by 40 feet long.

d.

Each camping site shall be separated by a yard not less than 15 feet wide.

e.

The minimum width of roads within campgrounds shall be 18 feet.

f.

There shall be 1½ automobile parking places for each camping site.

g.

There shall be a minimum setback of 40 feet from each camping site to the exterior lines of the campground.

h.

All electrical wiring within the campground shall conform to state electrical codes.

i.

Each camping site shall have a designated location marked or constructed for outdoor cooking or campfires, and no fires shall be allowed outside the designated areas.

j.

Campgrounds shall create and maintain a 100-foot wide firebreak clear of flammable materials.

k.

Campgrounds not served by public sewer systems shall have an approved private sewage system pursuant to Wis. Admin. Code and any subsequent amendments thereto.

l.

Campgrounds shall conform to the requirements of Wis. Admin. Code HFS and any subsequent amendments thereto.

(2)

Camps; recreational and educational. Recreational and educational camps may be permitted, provided that:

a.

The minimum lot area shall be five acres.

b.

The minimum lot width at the building line and at the water line shall be 300 feet.

c.

No building shall be located within 100 feet of the exterior lot line of the camp.

d.

All buildings and parking lots shall be screened from adjacent residential uses by a suitable species of vegetation.

e.

Camps not served by a public sewer system shall have an approved private sewage system pursuant to Wisconsin Administrative Code and any amendments thereto.

f.

Camps shall conform to the requirements of Wis. Admin. Code HFS and any subsequent amendments thereto.

(3)

Solid and hazardous waste disposal, processing, storage and transfer facilities. No solid or hazardous waste disposal, processing, storage or transfer facility shall be located in the county except in conformance with a plan approved by the zoning committee. Such facilities shall comply with the requirements of this section and the applicable requirements of Wis. Admin. Code chs. NR 180 and 181 and any subsequent amendments thereto. The zoning committee may require the applicant to provide a plan of operations describing the design, management and operational characteristics of the facility. A conditional use permit is required for the expansion or alteration of any existing solid waste disposal facility. The zoning committee shall consider the following standards and criteria prior to issuing a conditional use permit for solid waste facilities:

a.

The facility shall be designed to accept wastes generated within the county or from agricultural or agribusiness sources from adjoining counties.

b.

Whether the facility constitutes an appropriate use in consideration of adopted land use plans, site factors, neighboring land uses, and environmental factors.

c.

There is reasonable assurance that the facility will not endanger public safety or security in relation to potential hazards of fire, explosion, leakage, or unauthorized entry to the site.

d.

Potential pollution of land, air, surface water and groundwater; excessive noise, vibration, odors, dust and blowing refuse.

e.

Potential damage or excessive wear on roads and bridges.

f.

Traffic hazards.

g.

Potential impact on land values of surrounding properties.

h.

Plans for reuse upon termination of operations at the site.

i.

All such facilities shall have minimum side and rear yards of 100 feet each and shall be located a minimum of 500 feet from any public right-of-way.

j.

A 100-foot-wide firebreak completely surrounding the facility shall be created and maintained.

(4)

Home occupations. Home occupations include, but are not limited to, activities such as dressmaking, tv/radio repair, dog grooming, sign painting, tool sharpening, professional offices, etc., subject to the following limitations:

a.

Such use is clearly incidental to the principal use of the premises.

b.

Such use does not involve any exterior alteration that would effect a substantial change in the residential character of the structure.

c.

The home occupation shall not exceed 20 percent of the floor area or more than 600 square feet of the residence. In the case of a home occupation being located within an accessory building on the same parcel of land as the residence, such home occupation shall not exceed 600 square feet (including storage area for inventory and supplies). In the case of a home occupation being located both within the residence and an accessory building on the same parcel of land, such home occupation shall not exceed a cumulative total of 600 square feet (including storage area for inventory and supplies). If any home occupation is located either partially or entirely in an accessory structure, commercial building codes may apply.

d.

Other than the immediate family, no more than one person may be employed in the home occupation.

e.

There shall be no exterior display or storage of goods, storage of products, materials, inventory, supplies, parts, or scrap or waste materials.

f.

There shall be no more than one advertising sign on the premises, and such sign shall not exceed 32 square feet in area.

g.

Adequate off-street parking shall be provided and shall be maintained in a reasonably dust-free condition and is adequately screened from adjoining residential properties. The amount of parking spaces shall be dictated by section 58-432 and the county zoning administrator.

h.

The establishment of a home occupation, where allowed by ordinance, shall require the issuance of a land use permit or conditional use permit, depending on the respective zoning district, and shall be accompanied by a site plan meeting all the requirements of section 58-164.

i.

No home occupation shall generate excessive dust, glare, noise, odor, smoke or vibration or pose a hazard to public safety, nor involve the storage or use of toxic or hazardous materials or waste that meets or exceeds the threshold requirements of SARA regulations relating to reporting or planning facilities.

(5)

Salvage yards. No salvage yard shall be permitted in the county except in conformance with a plan approved by the zoning committee. The zoning committee may require the applicant to file a plan of operation describing the design, management and operational characteristics of the facility, including a site plan showing the layout of the operation and location of the salvage materials, types and quantity of materials, equipment, fencing and maintenance of the operation. A conditional use permit is required for the alteration or expansion of any existing salvage yard. New, and the expansion of existing, salvage yards shall comply with the following requirements:

a.

Salvage materials shall not be located within 600 feet of public roads, streets and highways, and all such uses shall have minimum side and rear yards of 100 feet.

b.

Salvage yards shall be enclosed by a suitable fence or planting screen so that the materials are not visible from other property in the vicinity of the facility, nor from any public right-of-way such as roads, streets, highways and waterways. If trees are used, they shall be capable of screening the yard all year, or other methods shall be used in combination with the trees. Fences and other types of screening shall be maintained in a state of repair. Materials shall not be piled higher than such fence or screen.

c.

Salvage materials shall not be piled higher than the height of the fence or planting screen, nor shall such materials be piled against the fence.

d.

A 100-foot-wide firebreak surrounding the facility shall be created and maintained.

e.

No person shall establish a new salvage yard or expand an existing salvage yard within 1,000 feet of any navigable lake, pond or flowage, 300 feet of a navigable river or stream, or within a floodplain or wetland.

f.

No garbage or similar putrescible material shall be present at the site.

g.

No open burning of solid waste shall be conducted.

h.

Any windblown material from the operation shall be collected daily and properly disposed.

i.

Any person who maintains or operates a salvage yard, when the yard is closed by the operator or property owner, shall close the yard by removing all salvageable materials within 120 days.

(6)

Commercial recycling operations. Commercial recycling operations may be permitted, provided that:

a.

Such operations do not involve wrecking, dismantling, or demolition of salvageable material.

b.

Such operations do not involve the sorting of refuse to recover salvageable materials.

c.

Salvageable materials shall be stored in an enclosed structure or container.

(7)

Farm equipment sales, service and repairs. Farm equipment sales, service and repair facilities shall meet the following requirements:

a.

The minimum lot area for such uses shall be 20,000 square feet.

b.

Equipment shall be stored at least 100 feet from highways or roads and at least 200 feet from any residential property.

c.

The zoning committee may require that the operation be enclosed with a suitable fence or vegetative screen so that equipment and materials are not visible from adjacent properties or public rights-of-way.

(8)

Manufacturing. The zoning committee shall consider the following standards prior to issuing a conditional use permit for manufacturing facilities:

a.

Whether the facility constitutes an appropriate use in consideration of adopted land use plans, site factors, neighboring land uses, and environmental factors.

b.

There is reasonable assurance that the facility will not endanger the public safety in relation to potential hazards of fire, explosion, traffic or accidental discharge of hazardous substances.

c.

Potential pollution of land, air, surface and groundwater and excessive dust, glare, noise, odor, smoke and vibration.

(9)

Marinas and boat liveries. Marinas and boat liveries may be permitted, provided that:

a.

Such uses are located a minimum of 500 feet from public bathing beaches, parks and boat access sites.

b.

Such facilities are designed and constructed so as not to interfere with adjacent riparian owner's use of the water for swimming, fishing or boating; nor interfere with or obstruct public use of navigable waters.

c.

Fueling pumps and tanks shall be located a minimum of two feet above the ordinary high-water mark.

d.

Marinas shall be equipped with approved facilities for the disposal of domestic wastes from boats pursuant to Wis. Admin. Code Comm and any subsequent amendments thereto.

e.

The following standards shall apply to marinas and boat liveries:

1.

Minimum lot area:

Marinas: one acre.

Boat liveries: 25,000 square feet.

2.

Minimum lot width:

Marinas: 200 feet at the building line and at the water line.

Boat liveries: 125 feet at the building line and at the water line.

3.

Maximum building height:

Marinas: 20 feet.

Boat liveries: 20 feet.

4.

Minimum setback at the water line:

Marinas: 75 feet.

Boat liveries: 75 feet.

(10)

Used dwelling, single-family. A used dwelling, or dwelling made of used materials may be permitted, provided that:

a.

The proposed dwelling unit has a minimum floor area of 720 square feet.

b.

The exterior of the used dwelling must be in "like-new" condition or plans for upgrades to the existing structure must be submitted.

c.

The used dwelling shall meet all code requirements including those of the Uniform Dwelling Code.

d.

The applicant shall demonstrate that the placement of a used dwelling shall meet Waushara County Code requirements and shall be finished in such a manner as to not aesthetically detract from its surroundings and aid in maintaining area property values. The following information shall be submitted to the zoning committee:

1.

Color photographs not less than 2½ inches by four inches showing the front and side on one of the photographs and the rear and opposite side on the other photograph of the dwelling unit or materials to be used in construction.

2.

A detailed site plan in accordance with section 58-164, and narrative noting the construction details and methods of finishing the exterior of the structure.

3.

Any additional information deemed necessary by the zoning administrator for full evaluation of the proposal.

4.

Demonstrate its construction and installation methods shall meet minimum standards for protection from fire, wind, and other natural disasters.

e.

Footings and foundation including those for landings and stoops shall be placed below frost penetration level or at least 48 inches below adjacent grade, whichever is deeper for frost protection per SPS 321.16.

f.

Soil evaluation or evaluation of existing POWTS may be required if requesting a sanitary re-connect permit.

(11)

Mobile home parks. No mobile home park shall be located in the county except in conformance with a plan approved by the zoning committee. Mobile home parks shall comply with the requirements of this section and Wis. Admin. Code chs. SPS 395 and HFS, and any subsequent amendments thereto. The zoning committee may require the applicant to provide a plan of operation describing the design, management and operation of the mobile home park. A conditional use permit is required for the expansion or alteration of an existing mobile home park. Mobile home parks shall meet the following requirements:

a.

Minimum area: five acres.

b.

Maximum density: ten units per acre.

c.

Minimum site dimensions: 40 feet wide by 75 feet long.

d.

Maximum mobile home height: 15 feet.

e.

Minimum distance between units: 20 feet.

f.

Minimum setback from service road: ten feet.

g.

Open space: There shall be a minimum of 250 square feet of open space per unit exclusive of the individual mobile home sites and buffer yards.

h.

No mobile home shall be located within 25 feet of the external boundaries of the mobile home park.

i.

All setbacks and yards shall be seeded and landscaped.

j.

Each mobile home shall be connected to a public water supply and a public sewer system where such systems are available. Where a public water supply is not available, mobile home parks shall be served by an approved community water system pursuant to Wis. Admin. Code ch. NR 111, and any subsequent amendments thereto. Where a public sewer system is not available, mobile home parks shall have an approved private sewage system pursuant to Wis. Admin. Code chs. SPS 382 and 383, and any subsequent amendments thereto.

(12)

Nonmetallic mining and processing. No nonmetallic mining or processing operation shall be located in the county except in conformance with a plan approved by the zoning committee. A conditional use permit is required for the expansion or alteration of any existing nonmetallic mining or processing operation. Nonmetallic mining and processing operations shall meet the following requirements:

a.

In addition to the site plan required under section 58-164, the applicant shall furnish a plan of operation describing the design, management and operation of the facility. Such plan shall include:

1.

A list of equipment, machinery and structures to be used.

2.

The source, quantity and disposition of any water which may be used.

3.

A topographic map of the site showing the existing topography at maximum vertical contour intervals of four feet.

4.

The location of trees and a description of the existing groundcover.

5.

The depth of all existing and proposed excavations.

6.

The location of existing and proposed roads.

7.

The location of all existing buildings and structures within 300 feet of the site boundaries.

8.

The names of all property owners within 300 feet of the site boundaries.

9.

Restoration of the property complying with all applicable provisions of article VII of this chapter. Sites where the material to be used or sold is generated incidentally to the primary purpose of the project, including but not limited to the creation of wetlands, ponds and sedimentation basins shall be exempted from this provision. Required restoration of these sites is limited to a revegetation plan.

b.

The zoning committee shall consider the effects of the proposed operation upon existing streets, neighboring land uses, future land uses, drainage, water supply, soil erosion, natural beauty, character and land value of the locality. The committee shall also consider the potential effects of increased dust, smoke, odor, noise, vibration, traffic, and the practicality of restoring the site.

c.

No nonmetallic mining or processing operation shall be located within 300 feet of a residence other than that of the landowner or applicant or within 500 feet of a school or institution.

d.

No excavation shall take place within 50 feet of the external boundaries of the site.

e.

The zoning committee may require that the site be enclosed by a suitable fence to prevent unauthorized entry.

f.

The zoning committee may require that the site be enclosed by a suitable fence or vegetative screen so that materials are not visible from neighboring property and public rights-of-way including roads, streets, highways and waterways.

(13)

Recreation areas. Recreation areas may be permitted, provided that:

a.

The location and proposed use is compatible with adjacent land and water uses.

b.

Stormwater runoff and erosion control practices shall be installed where required by the zoning committee to prevent soil erosion and the pollution of navigable waters.

c.

Entrances and exits are designed and located so as not to interfere with the public's or adjacent landowner's access to navigable waters.

d.

Lighting facilities are designed and located to minimize reflection and glare over the water, except for navigation aids.

e.

Recreation areas not served by public sewer systems shall have an approved private sewage disposal system pursuant to Wis. Admin. Code chs. SPS 382, 383 and 391, and any subsequent amendments thereto.

f.

Bleachers, spectator stands, motor-driven rides, concession stands, maintenance and storage buildings, parking lots and sanitary facilities shall be effectively screened from adjacent properties by vegetative growth.

(14)

Roadside stands. Roadside stands, for products not produced or grown on the property, may be permitted, provided that:

a.

The roadside stand or similar use conform to the setback, sign, and all other provisions of this chapter.

b.

The location of the stand is approved by the highway committee. The highway committee shall consider the potential traffic hazards posed by such facilities in making such determinations.

(15)

Shooting ranges for firearms.

a.

The zoning committee shall evaluate the following criteria in determining whether to issue a conditional use permit for shooting ranges:

1.

Potential hazards to adjacent uses.

2.

Topography and groundcover.

3.

Noise.

b.

Shooting ranges shall meet the following requirements:

1.

The firing of rifled arms and shotgun slugs shall not be permitted directly toward or over navigable waters, public or private roads or drives, or toward any building or structure nor directly toward any population center which is located within 1½ miles.

2.

Shooting ranges shall provide:

i.

An adequate shotfall or bullet impact area.

ii.

A defined firing line or firing direction.

iii.

Adequate backstops for the firing of rifled arms.

c.

Shooting ranges shall be clearly identified by signs not less than four square feet in gross area located at intervals of not more than 25 yards around the perimeter of the range.

d.

Shooting ranges shall be securely fenced off from adjacent lands and waters.

(16)

Public and semi-public uses. The following public and semi-public uses may be permitted:

a.

Airports may be permitted, provided that such facilities meet the requirements of Wis. Stats. ch. 114, all applicable state and federal aviation regulations, and the following requirements:

1.

Within an approach area (a trapezoidal area with an inner width at the runway threshold of 250 feet, a length of 5,000 from the threshold to the outer width, and an outer width of 1,250 feet), the height of any object shall not exceed 1/20 the distance from the runway threshold.

2.

No structure used for human habitation may be located within 500 feet of the runway threshold.

3.

No dwelling, other than that of the owner of such airport, may be located within 300 feet of the centerline of a runway or within 300 feet of the center point of a helicopter landing area.

b.

Governmental and cultural uses such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.

c.

Public passenger transportation terminals such as heliports and bus and train depots, provided that all principal uses and structures are not less than 100 feet from any residential property line.

d.

Utilities and communication towers with accessory buildings, except radio or television broadcast studios.

e.

Churches; public, private and parochial preschools, elementary and secondary schools, provided that the lot area is not less than one acre, and all principal uses and structures are located not less than 50 feet from any lot line.

f.

Institutions, colleges, universities, hospitals, sanitaria; religious, charitable, penal and correctional institutions; cemeteries and crematoria; provided, however, that all principal uses and structures are located not less than 50 feet from any lot line.

(17)

Storage of unoccupied travel trailers, camping trailers or mobile campers. The storage of unoccupied travel trailers, camping trailers or mobile campers on a parcel of land of ten acres or more on which no single-family or two-family dwelling exists is subject to the following conditions and requirements:

a.

Approval of the location and placement of the travel trailer, camping trailer or mobile camper shall be by the planning and zoning committee to ensure appropriate visual screening from adjacent properties and public roadways; proximity to waterways, floodplains, wetlands, parcel size and other matters of environmental concern.

b.

The following information shall be furnished for consideration by the planning and zoning committee:

1.

The name of the landowner;

2.

The name of the owner of the travel trailer, camping trailer or mobile camper permitted to be stored on the premises;

3.

The vehicle identification number, certificate of title and registration of the travel trailer, camping trailer or mobile camper;

4.

Color photographs not less than 2½ inches by four inches showing the front and side on one of the photographs and the rear and opposite side on the other photograph of the travel trailer, camping trailer or mobile camper;

5.

A detailed site plan in accordance with section 58-164.

c.

The travel trailer, camping trailer or mobile camper shall be roadworthy at all times and shall be capable of being immediately pulled off the premises.

d.

The location and placement of the unit upon the premises must conform with all minimum water, highway and yard setbacks as determined by the committee. However, in no case may the minimum water setback be less than 75 feet and highway or yard setbacks be less than 100 feet.

e.

The travel trailer, camping trailer or mobile unit shall not have any additions, attachments or permanent foundations attached or placed on or under such unit.

f.

Should the unit be occupied at any time during the duration of the use permit, occupancy shall be limited to time frame established per section 58-9, definition "Camping trailer, travel trailer and mobile camper or unit," and shall be served by appropriate sanitary facilities. The following are considered appropriate sanitary facilities:

1.

If no running water exists (other than a hand pump located outside of the unit) a nonplumbing sanitation system or device is permitted, including, but not limited to, a portable self-contained toilet or vault privy. Depending upon the type of system selected, a sanitary permit may be required.

2.

If running water exists, a conventional septic tank/drainfield or other type of POWTS approved by DSPS and the Waushara County Utilities Code is permitted. A sanitary permit is required for this type of system or device.

g.

No more than one unoccupied camping trailer, travel trailer, mobile camper or unit may be stored on a parcel.

h.

The zoning administrator shall annually inspect the camping trailer, travel trailer, mobile camper or unit to determine that the use of the premises is in compliance with this chapter and, upon such determination, shall issue a certificate of compliance as provided in section 58-165. The fee for such annual inspection shall be on file at the zoning office. Properties found by the zoning administrator to be in noncompliance with the conditional use permit shall, after 30 days' written notice (from the date of mailing) to the property owner or occupant, forfeit the conditional use permit issued under this subsection, unless such property is brought into compliance within such 30-day period.

(18)

Kennels. Establishment of kennels shall only be established in conformance with all applicable state and local regulations, including any recommendations of the county humane officer, who shall be notified of any conditional use prior to the public hearing. In addition, the following shall be considered as minimum standards in the development of such kennels:

a.

All kennels must meet the requirements of Administrative Rule ATCP ch. 16.

b.

If a kennel is required to be licensed by the state department of agriculture, trade and consumer protection, a copy of the approved license must be presented to the land conservation and zoning office within 30 days of the approval of a conditional use permit. Copies of licenses must be submitted to the land conservation and zoning office on an annual basis within ten days of receipt of the license.

c.

All kennels not covered under subsection b. above, a copy of the approved kennel license issued by the county clerk must be presented to the land conservation and zoning office within 30 days of the approval of the conditional use permit. Copies of licenses must be submitted to the land conservation and zoning office on an annual basis within ten days of receipt of the license.

d.

All kennels established under this chapter shall meet DNR well setback requirements.

e.

Any kennel not submitting its required annual license with the land conservation and zoning department shall have its conditional use permit revoked.

f.

These standards are to be considered minimum requirements. Additional requirements may be established on a case-by-case basis at the discretion of the Waushara County Health Department and the Waushara County Humane Officer.

(19)

Agricultural event center. An agricultural event center may be established as a conditional use within the AG (General Agricultural) zone, on parcels of five acres or more, in an existing outbuilding or outbuildings that have been on the premises for five years or more. In addition to site specific conditions imposed by the planning and zoning committee following their on-site, and testimony at the public hearing, agricultural event centers shall be in compliance with the following conditions:

a.

The event center shall not have alterations made that will irreparably affect the future use of the premises for agricultural use.

b.

The operation of the event center shall be seasonal and sporadic for the purpose of holding family and corporate events as noted in the definition.

c.

Setbacks to the structure(s) used and all outdoor spaces utilized with the operation of the agricultural event center shall be at least 50 feet from the property lines.

d.

Any outdoor spaces to be utilized for the events shall be kept in a clean, safe and healthful condition so as to reduce accidents and injuries.

e.

All other codes shall be complied with and all permits shall be obtained. These include, but are not limited to, event permits from the sheriff's department, health codes related to food preparation and service, alcoholic beverage service as determined by the state and town, building codes as administered by the local building inspector, fire codes at both the state and local level, and sanitary facilities as determined by state and local codes.

f.

Off-street parking shall be provided with one space necessary for every two patrons at maximum capacity.

(20)

Solar and wind energy facilities and wind turbines. The following shall be considered as minimum standards in the location and operation of solar and wind energy facilities and associated wind turbines:

a.

Except in areas which are subjected to low flying aircraft, such as adjacent to irrigated agricultural fields and adjacent to major highways which are used for aeronautical visual reference purposes, wind turbines shall be painted a nonreflective, nonobtrusive color, and shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

b.

At solar and wind energy facility sites, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the solar and wind energy facility to the natural setting and the existing environment.

c.

Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

d.

Electrical controls and control wiring and power lines shall be wireless or below ground, except immediately adjacent to the facility site.

e.

Solar panels and any associated structures shall, at a minimum, maintain a 50-foot perimeter setback and/or all roadway setbacks for principal structures within each respective zoning district as permitted herein. Wind turbines shall be set back from the nearest nonparticipating residence, public or semi-public buildings, a distance no less than the greater of 3.1 times their maximum blade tip height or 1,250 feet, whichever is less.

f.

Wind turbines shall be set back from the nearest nonparticipating property line, and any participating residence, a distance no less than 1.1 times their total height, unless appropriate easements are secured from adjacent property and participating residence owners.

g.

Wind turbines shall be set back from the nearest public road right-of-way, above ground public overhead communication or electric transmission lines, other than lines serving individual homes or outbuildings, a distance no less than 1.1 times their total height.

h.

Wind turbines shall not be climbable up to 15 feet above ground level.

i.

All solar facility electrical substations shall be effectively secured and locked. All access doors to wind turbine towers and electrical equipment shall be lockable.

j.

The blade tip of any wind turbine, shall, at its lowest point, have ground clearance of no less than 75 feet.

k.

Appropriate warning signage shall be placed on solar substation facilities, wind turbine towers, electrical equipment, and wind energy facility entrances.

l.

Solar facilities shall maintain a continuous vegetative buff when located adjacent to the following zoning districts: A-R, RS-10, RS-20, R-M, RS-P, RM-P and/or existing properties that have been developed for residential uses. Overall design shall be incorporated into the development plans and as approved by the Waushara County Land Conservation Department and Planning and Zoning Committee.

m.

Upon cessation of the operation of the solar, wind energy facility or turbine, the individual panels, facility or turbine and other related improvements to the property shall be removed. The applicant shall furnish sureties which will enable the county to remove such improvements if the applicant/owner fails to do so. The amount of such sureties shall be determined by the zoning administrator. The form and type of such sureties shall be approved by the corporation counsel. Such fiscal surety shall be for a period not to exceed five years and will be renewed thereafter upon a favorable review of the operation and maintenance of such facility or turbine by the zoning committee and corporation counsel and updated cost estimates furnished by the applicant. All local units of government within the county shall be exempted from having to furnish fiscal sureties.

n.

The following chapters of the Wisconsin Administrative Codes, as well as all subsequent revisions, are adopted by the county and shall be enforced by the zoning administrator:

1.

Ch. SPS 66.0401 Regulation relating to solar and wind energy systems;

2.

Ch. SPS 66.0403 Solar and wind access permits.

(21)

Home-based businesses include, but are not limited to businesses that fall within the standards listed, such as construction, excavation landscaper, plumber, electrician, and other family run contractor operations, minor vehicle repair and body work, small engine repair and sales, small truck and trailer terminals, minor welding and fabrication, storage, sales, and assembly, vehicle towing services, internet based businesses, commercial storage facilities and other similar family-based businesses where the business is incidental and subordinate to the residential use, and where the business conducted would not detract from neighboring land uses, would not pose a threat to public safety, health or the environment, and where such business can be conducted in such a manner where it would not prevent the property from converting back to strictly a residential use, if the business were ever to be abandoned subject to the following limitations:

a.

Such use is clearly incidental to the principal use of the premises.

b.

Such use must be established on the same parcel as the one- or two-family dwelling.

c.

Such use does not involve any exterior alterations, additions or buildings that would affect any substantial change in the residential character of the property, nor would the changes prevent the property from reverting back to strictly a residential use, if the business would ever be abandoned.

d.

Such use shall not be contrary to any adopted municipal or county land use plan.

e.

Such use must meet all other applicable state and federal requirements and licenses, including applicable commercial building codes.

f.

Adequate sanitary facilities (to be determined by the commercial building inspector) shall be provided.

g.

Other than the immediate family, no more than four persons may be employed in a home-based business.

h.

There shall be no more than one advertising sign on the premises, and such sign shall not exceed 32 square feet in area.

i.

The home-based business shall not exceed 20 percent of the floor area or more than 600 square feet of the residence. In the case of a home-based business being located within an accessory building on the same parcel of land as the residence, such home-based business shall not exceed 2,000 square feet (including storage area for inventory and supplies). In the case of a home-based business being located both within the residence and an accessory building on the same parcel of land, such home-based business shall not exceed a cumulative total of 2,000 square feet (including storage area for inventory and supplies), unless otherwise granted by the planning and zoning committee. If any home-based business is located either partially or entirely in an accessory structure, commercial building codes may apply.

j.

Storage outside of a completely enclosed building of any products, building materials, wastes, materials, vehicles or equipment shall not exceed 5,000 square feet, and shall be stored behind a solid fence which screens such items from public roads and neighboring property lines, unless otherwise granted by the planning and zoning committee under subsection (21)m of this section.

k.

Any off-street parking area shall be maintained in a reasonably dust-free condition and shall be adequately screened from adjoining residential properties. The amount of parking spaces shall be dictated by section 58-432 and the county zoning administrator.

l.

Such use does not involve any new or used car sales.

m.

The planning and zoning committee may impose additional related conditions on any approval of a home-based business, such as additional setbacks, vegetative or artificial buffers, limitations on hours, traffic, signs, increases and/or decreases of size of areas to be utilized by the proposed business, etc.

(Ord. No. 76, § 21.02, 3-13-1984; Ord. No. 117, § 2, 4-4-1989; Ord. No. 183, § 1(21.02), 3-8-1994; Ord. No. 227, § 3, 4-8-1997; Ord. No. 269, § 1(24), 3-9-1999; Ord. No. 289, § 1(21.02), 5-9-2000; Ord. No. 300, § 21.02(j), 9-12-2000; Ord. No. 343, 3-12-2002; Ord. No. 421, 4-12-2005; Ord. No. 438, 3-14-2006; Ord. No. 470, 3-13-2007; Ord. No. 490, 2-12-2008; Ord. No. 512, 3-10-2009; Ord. No. 522, 3-9-2010; Ord. No. 541, 3-20-2012; Ord. No. 554, 3-19-2013; Ord. No. 576, 3-18-2014; Ord. No. 583, 3-17-2015; Ord. No. 624, 3-20-2018; Ord. No. 635, 3-19-2019; Ord. No. 651, 4-21-2020)