The primary purpose of this district is to preserve, protect, enhance, and restore all significant woodlands, areas of rough topography, and related scenic areas within the county; and to provide for limited residential development at densities not to exceed one dwelling unit per three (3) acres. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of the county, while seeking to assure the preservation and protection of areas of significant topography, natural watersheds, ground and surface water, potential recreation sites, wildlife habitat, and other natural resource characteristics that contribute to the environmental quality of the county.

(Ord. No. 95-86, 9-26-95)

For the purpose of this chapter, the county is hereby divided into basic use districts and overlay districts, as follows:

(Code 1975, § 7.031; Ord. No. 86-17, § 7.031, 7-22-86; Ord. No. 2011-131S, 4-10-12; Ord. No. 2014-87, 12-9-14)

Boundaries of the districts, except for the floodplain districts, structural and nonstructural districts, and airport protection districts, are hereby established as shown on a series of maps entitled "Zoning Maps, County of Racine, Wisconsin," dated to correspond with their adoption by the local municipalities, as amended, which accompany and are a part of this chapter. Unless otherwise noted on the zoning map, such boundaries shall be construed to follow: corporate limits; U.S. Public Land Survey Lines; lot or property lines; centerlines of street, highways, alleys, easements, and railroad rights-of-way or such lines extended. Where a C-1 resource conservation district is delineated on the zoning district map in a linear form along a perennial or intermittent watercourse, the district boundaries shall be construed to be the following unless otherwise noted on the zoning district map:

(1)

One hundred (100) feet from the ordinary high-water mark of perennial streams.

(2)

Fifty (50) feet from the ordinary high-water mark of intermittent streams.

(Code 1975, § 7.031)

Editor's note— Ord. No. 2011-131S, adopted April 10, 2012, repealed § 20-213 which pertained to district boundaries of floodlands and derived from § 7.031 of the 1975 Code; Ord. No. 94-155, § 7, adopted Nov. 10, 1994; Ord. No. 96-209, adopted Feb. 25, 1997; Ord. No. 97-63, adopted July 8, 1997; Ord. No. 2000-12, adopted May 23, 2000; Ord. No. 2002-152, adopted Nov. 12, 2002; and Ord. No. 2003-77, adopted Aug. 26, 2003.

Editor's note— Ord. No. 2011-131S, adopted April 10, 2012, repealed § 20-213.5 which pertained to general provisions for floodplain districts and derived from Ord. No. 2005-155, adopted Jan. 10, 2006.

The airport protection overlay district includes all lands within the jurisdiction of this chapter which underlie any of the protected surfaces defined for Racine Commercial Airport in section 20-898. Boundaries of the initial APO district (Racine Commercial Airport) are shown on the accompanying map entitled Airport Protection Zone, consisting of nine (9) sheets, which is incorporated in and made a part of this chapter.

(Code 1975, § 7.031)

Shoreland-wetland overlay district boundaries shall be determined by the limits of the wetlands within the shoreland area that are designated as wetlands on the wetlands inventory maps stamped "FINAL" on December 12, 1984, or any subsequent updated maps, that have been adopted by resolution of the Racine County Board of Supervisors and are on file in the office of the zoning administrator. The district shall include all shorelands within the jurisdiction of this chapter which are designed as wetlands on the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer. The maps may be viewed at: http://dnrmaps.wi.gov/H5/?Viewer.html?Viewer=SWDV

(Code 1975, § 7.031; Ord. No. 86-17, § 7.031, 7-22-86; Ord. No. 97-290S, 4-14-98; Ord. No. 2020-110, 4-13-21; Ord. No. 2022-2, 5-10-22)

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(Code 1975, § 7.031)

(a)

Boundaries of the structural and nonstructural setback overlay districts shall be determined as follows. The boundaries of the SSO structural setback overlay district shall be determined through the use of the following equation establishing a setback distance from the existing Lake Michigan bluff edge:

(b)

The stable slope distance and the minimum facility setback distance are described in section 20-916 et seq.

(c)

The boundaries of the NSO nonstructural setback overlay district shall be determined through the use of the following equation establishing a setback distance from the existing Lake Michigan bluff edge:

(Code 1975, § 7.031)

  _____

A certified copy of the zoning maps adopted and made a part of the chapter are on file in the zoning administrator's office.

(Code 1975, § 7.032)

The following uses are permitted in the R-1 country estate district:

(1)

Principal uses. One-family dwellings on estate lots and sustained yield forestry.

(2)

Conditional uses. Stables, nurseries, orchards, riding trails and uses specified in sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Code 1975, § 7.033; Ord. No. 88-160, § 7.033, 1-10-89; Ord. No. 2011-61, 11-8-11)

The area requirements for the R-1 country estate district are as follows:

(Code 1975, § 7.033; Ord. No. 2020-110, 4-13-21)

The minimum yard setback requirements in the R-1 country estate district are as follows:

(Code 1975, § 7.033)

The following uses are permitted in the R-2 suburban residential district (unsewered):

(1)

Principal uses. One-family dwellings on lots not served by public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Code 1975, § 7.033; Ord. No. 2011-61, 11-8-11)

The area requirements for the R-2 suburban residential district (unsewered) are as follows:

(Code 1975, § 7.033; Ord. No. 2020-110, 4-13-21)

The minimum yard setback requirements in the R-2 suburban residential district (unsewered) are as follows:

(Code 1975, § 7.033)

The following uses are permitted in the R-2S suburban residential district (sewered—large lots):

(1)

Principal uses. One-family dwellings on larger lots served by a public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Ord. No. 87-73, 8-11-87; Ord. No. 2011-61, 11-8-11)

The area requirements for the R-2S suburban residential district (sewered—large lots) are as follows:

(Ord. No. 87-73, 8-11-87; Ord. No. 2003-197, 2-12-04; Ord. No. 2020-110, 4-13-21)

The minimum yard setback requirements in the R-2S suburban residential district (sewered—large lots) are as follows:

(Ord. No. 87-73, 8-11-87)

The following uses are permitted in the R-3 suburban residential district (sewered):

(1)

Principal uses. One-family dwellings on lots served by a public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Code 1975, § 7.033; Ord. No. 2011-61, 11-8-11)

The area requirements for the R-3 suburban residential district (sewered) are as follows:

(Code 1975, § 7.033; Ord. No. 2020-110)

The minimum yard setback requirements in the R-3 suburban residential district (sewered) are as follows:

(Code 1975, § 7.033; Ord. No. 97-203, 1-13-98)

The following uses are permitted in the R-3A suburban residential district (sewered):

(1)

Principal uses. One-family dwellings on lots served by a public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Code 1975, § 7.033; Ord. No. 2011-61, 11-8-11)

The area requirements in the R-3A suburban residential district (sewered) are as follows:

(Code 1975, § 7.033; Ord. No. 2020-110, 4-13-21)

The minimum yard setback requirements in the R-3A suburban residential district (sewered) are as follows:

(Code 1975, § 7.033)

The following uses are permitted in the R-4 urban residential district (I):

(1)

Principal uses. One-family dwellings on lots served by a public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Code 1975, § 7.033; Ord. No. 2011-61, 11-8-11)

The area requirements in the R-4 urban residential district (I) are as follows:

(Code 1975, § 7.033; Ord. No. 2020-110, 4-13-21)

The minimum yard setback requirements in the R-4 urban residential district (I) are as follows:

(Code 1975, § 7.033)

The following uses are permitted in the R-5 urban residential district (II):

(1)

Principal uses. One-family dwellings on lots served by a public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Code 1975, § 7.033; Ord. No. 2011-61, 11-8-11)

The area requirements in the R-5 urban residential district (II) are as follows:

(Code 1975, § 7.033)

The minimum yard setback requirements in the R-5 urban residential district (II) are as follows:

(Code 1975, § 7.033)

The following uses are permitted in the R-5A urban residential district (III):

(1)

Principal uses. One-family dwellings on lots served by a public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Ord. No. 86-17, § 7.033, 7-22-86; Ord. No. 2011-61, 11-8-11)

The area requirements in the R-5A urban residential district (III) are as follows:

(Ord. No. 86-17, § 7.033, 7-22-86; Ord. No. 2003-197, 2-12-04)

The minimum yard setback requirements in the R-5A urban residential district (III) are as follows:

(Ord. No. 86-17, § 7.033, 7-22-86)

The following uses are permitted in the R-6 two-family residential district:

(1)

Principal uses. Two-family dwellings on lots served by a public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, 20-1338, and 1340.

(Code 1975, § 7.033; Ord. No. 2011-61, 11-8-11)

The area requirements in the R-6 two-family residential district are as follows:

(Code 1975, § 7.033)

The minimum yard setback requirements in the R-6 two-family residential district are as follows:

(Code 1975, § 7.033; Ord. No. 91-264, pt. 1, 4-14-92)

The following uses are permitted in the R-6A two-family district II:

(1)

Principal uses. Two-family dwellings on lots served by public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Ord. No. 91-130, § 7-033, 11-5-91; Ord. No. 2011-61, 11-8-11)

The area requirements in the R-6A two-family district II are as follows:

(Ord. No. 91-130, § 7.033, 11-5-91; Ord. No. 2003-197, 2-12-04)

The minimum yard setback requirements in the R-6A two-family residential district II are as follows:

(Ord. No. 91-130, § 7.033, 11-5-91; Ord. No. 91-264, pt. 3, 4-14-92)

The following uses are permitted in the R-7 multifamily residential district:

(1)

Principal uses. Multifamily dwellings, not to exceed eight (8) dwelling units per structure, on lots served by a public sanitary sewer.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1337, 20-1338, and 1340.

(Code 1975, § 7.033; Ord. No. 2011-61, 11-8-11)

The area requirements in the R-7 multifamily residential district are as follows:

(Code 1975, § 7.033)

The minimum yard setback requirements in the R-7 multifamily residential district are as follows:

(Code 1975, § 7.033)

The following uses are permitted in the R-8 planned residential district:

(1)

Principal uses. Two-family dwellings, multi-family dwellings and clustered one-family lot developments, all served by a public sanitary sewer system.

(2)

Conditional uses. The location and site plans for all structures and improvements which serve the principal use. See also sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Code 1975, § 7.033; Ord. No. 2011-61, 11-8-11)

The area requirements for the R-8 planned residential district are as follows:

(Code 1975, § 7.033)

The minimum yard setback requirements for the R-8 planned residential district are as follows:

(Code 1975, § 7.033; Ord. No. 91-264, pt. 2, 4-14-92; Ord. No. 2001-29, 6-21-01)

The following uses are permitted in the P-1 institutional park district:

(1)

Principal uses. Public and private institutional uses, such as schools; colleges; universities; hospitals; sanitariums, religious, charitable and penal institutions; cemeteries; and crematories.

(2)

Conditional uses. The location and site plans for all structures and improvements which serve the principal use. See also sections 20-1010, 20-1291, 20-1336, 20-1338, and 20-1340.

(Code 1975, § 7.034; Ord. No. 2011-61, 11-8-11)

The area requirements for the P-1 institutional park district are as follows:

(Code 1975, § 7.034)

The minimum yard setback requirements for the P-1 institutional park district are as follows:

(Code 1975, § 7.034)

The following uses are permitted in the P-2 recreational park district:

(1)

Principal uses. Public and existing private recreational uses, such as arboretums, bathing, boating, cycling, fishing, horse riding, marinas, swimming, skating, sledding, skiing, nature trails and hiking.

(2)

Conditional uses. Extension of existing, or the creation of new, private recreational uses; all private recreational or assembly structures; golf courses; campgrounds; playgrounds; driving ranges; polo fields; swimming pools; zoological and botanical gardens; athletic fields; lodges; picnic areas; and archery and firearm ranges. See also sections 20-1010, 20-1246, 20-1291, 20-1336, and 20-1338.

(Code 1975, § 7.034; Ord. No. 2011-61, 11-8-11)

The area requirements for the P-2 recreational park district are as follows:

(Code 1975, § 7.034)

The minimum yard setback requirements in the P-2 recreational park district are as follows:

(Code 1975, § 7.034)

The following uses are permitted in the C-1 resource conservation district:

(1)

Principal uses. Fishing; flood overflow and floodwater storage; hunting; navigation; pedestrian and equestrian trails; preservation of scenic, historic and scientific areas; public fish hatcheries, soil and water conservation practices; sustained yield forestry; stream bank and lakeshore protection; water retention ponds; and wildlife areas.

(2)

Conditional uses. Boating, drainageways, game farms, grazing, orchards, shooting preserves, swimming, truck farming, utilities, water measurement and water control facilities, and wild crop harvesting. The above uses shall not involve drainage; dumping; filling; tilling; mineral, soil, or peat removal; or any other use that would substantially disturb or impair the natural fauna, flora, watercourses, water regimen or topography. See also sections 20-1010, 20-1291, 20-1336, and 20-1338.

(Code 1975, § 7.035; Ord. No. 2011-61, 11-8-11)

Structures are not permitted in the C-1 resource conservation district, except accessory to the principal or conditional uses.

(Code 1975, § 7.035)

(1)

Principal uses. Farming and related agricultural uses when conducted in accordance with soil conservation service standards; hunting and fishing; forest preservation; forest and game management; preservation of scenic, historic, and scientific areas; park and recreation areas; arboreta; botanical gardens; one single-family dwelling.

(2)

Conditional uses. Hunting and fishing clubs; recreation camps; public or private campgrounds; gardening, tool, and storage sheds incidental to the residential use; general farm buildings, including barns, silos, sheds, and storage bins; private garages and carports; clustered residential developments; and utilities. See also sections 20-1010, 20-1291, 20-1336, 20-1337, and 20-1338.

(Ord. No. 95-86, 9-26-95; Ord. No. 2011-61, 11-8-11)

The area requirements for the C-2 Upland Resource District are as follows:

(Ord. No. 95-86, 9-26-95; Ord. No. 2003-197, 2-12-04)

The minimum yard setback requirements in the C-2 Upland Resource Conservation District for all structures are as follows:

(Ord. No. 95-86, 9-26-95)

Land lying within the C-2 Upland Resource Conservation District shall not be clear cut of trees, shrubbery, or underbrush. No more than twenty (20) percent of the natural vegetation shall be removed from a parcel.

Normal pruning, trimming, and shearing of vegetation; removal of dead, diseased, or insect-infested vegetation; and silvicultural thinning conducted under the recommendation of a forester shall be exempt form this restriction.

(Ord. No. 95-86, 9-26-95)

The following uses are permitted in the B-1 neighborhood business district:

(1)

Principal uses. The following uses provided that they shall be retail establishments, selling and storing only new merchandise; bakeries, barber shops, bars, beauty shops, business offices, clinics, clothing stores, clubs, cocktail lounges, confectioneries, delicatessens, drug stores, fish markets, florists, fraternities, fruit stores, gift stores, grocery stores, hardware stores, house occupations, hobby shops, lodges, meat markets, optical stores, packaged beverage stores, professional offices, restaurants, self-service and pickup laundry and dry cleaning establishments, soda fountains, sporting goods, supermarkets, tobacco stores and vegetable stores. Lots or land on which there is an existing residence shall not be subdivided or transferred in such a way as to cause the parcel on which it stands to fail to comply with the lot, area and yard requirements of the R-4 residential district in those areas served by public sanitary sewer or the R-2 residential district in those areas served by on-site sanitary disposal systems. Existing residences may be expanded and repaired in compliance with the applicable requirements of the R-4 or R-2 residential district depending on the availability of the public sanitary sewer, but no new residences may be built.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1338, 20-1339, and 20-1340. Residential quarters may be permitted as a conditional use provided that such quarters are clearly accessory to the principal use on the property and occupy fifty (50) percent or less of the total floor space of the structure in which they are located.

(Code 1975, § 7.036; Ord. No. 88-160, § 7.036, 1-10-89; Ord. No. 91-130, § 7.036, 11-5-91; Ord. No. 93-9, 5-11-93; Ord. No. 2011-61, 11-8-11)

The area requirements for the B-1 neighborhood business district are as follows:

(Code 1975, § 7.036)

The minimum yard setback requirements in the B-1 neighborhood business district are as follows:

(Code 1975, § 7.036; Ord. No. 2000-251S, 8-28-01)

The following uses are permitted in the B-2 community business district:

(1)

Principal uses. All uses permitted in the B-1 neighborhood business district and the following: apartment hotels, appliance stores, caterers, churches, clothing repair shops, crockery stores, department stores, electrical supply, financial institutions, food lockers, furniture stores, furniture upholstery shops, heating supply, hotels, laundry and dry-cleaning establishments employing not over seven (7) persons, liquor stores, music stores, newspaper offices and press rooms, night clubs, office supplies, pawn shops, personal service establishments, pet shops, places of entertainment, photographic supplies, plumbing supplies, printing, private clubs, private schools, publishing, radio broadcasting studios, second-hand stores, signs, tattoo parlors, television broadcasting studios, trade and variety stores. Lots or land on which there is an existing residence shall not be subdivided or transferred in such a way as to cause the parcel on which it stands to fail to comply with the lot, area and yard requirements of the R-4 residential district in those areas served by public sanitary sewer or the R-2 residential district in those areas served by on-site sanitary disposal systems. Existing residences may be expanded and repaired in compliance with the applicable requirements of either the R-4 or R-2 residential district, depending on the availability of public sanitary sewer, but no new residences may be built.

(2)

Conditional uses. See sections 20-1010, 20-1291, 20-1336, 20-1338, 20-1339, and 20-1340. Residential quarters may be permitted as a conditional use provided that such quarters are clearly accessory to the principal use on the property and occupy fifty (50) percent or less of the total floor space of the structure in which they are located.

(Code 1975, § 7.036; Ord. No. 88-160, § 7.036, 1-10-89; Ord. No. 91-130, § 7-036, 11-5-91; Ord. No. 93-9, 5-11-93; Ord. No. 2000-251S, 8-28-01; Ord. No. 2011-61, 11-8-11)

The area requirements for the B-2 community business district are as follows:

(Code 1975, § 7.036)

The minimum yard setback requirements in the B-2 community business district are as follows:

(Code 1975, § 7.036; Ord. No. 2000-251S, 8-28-01)

The following uses are permitted in the B-3 commercial service district:

(1)

Principal uses. All uses permitted in the B-1 neighborhood business district, B-2 community business district and the following: adult establishments, animal hospitals with no outdoor pens, auction galleries, automotive sales and repair; bicycle sales, rental, repair; boat sales, rental and repair; building material and product sales; caterers; electrical supply; employment agencies; exterminating shops; food lockers; garden supplies; heating supply; medical appliance stores; monument sales; motorcycle sales, repair and service; newspaper offices and press rooms; pawn shops; physical culture and health studios; plumbing supplies; printing, advertising and publishing shops; private clubs and lodges; radio broadcasting studios; radio and television repair and service shops; recording studios; schools of dance, music and business; second hand shops, taxidermists; television broadcasting studios; trade and contractor's offices; vending machines sales, service and repair welding repair shops. Lots or land on which there is an existing residence shall not be subdivided or transferred in such a way as to cause the parcel on which it stands to fail to comply with the lot, area and yard requirements of the R-4 residential district in those areas served by public sanitary sewer or the R-2 residential district in those areas served by on-site sanitary disposal systems. Existing residences may be expanded and repaired in compliance with the applicable requirements of the R-4 or R-2 residential district depending on the availability of the public sanitary sewer but no new residences may be built.

(2)

Conditional uses. See sections 20-1010, 20-1226, 20-1246, 20-1291, 20-1336, 20-1338, 20-1339, and 20-1340. Residential quarters may be permitted as a conditional use provided that such quarters are clearly accessory to the principal use on the property and occupy fifty (50) percent or less of the total floor space of the structure in which they are located.

(Code 1975, § 7.036; Ord. No. 91-130, § 7-036, 11-5-91; Ord. No. 93-9, 5-11-93; Ord. No. 2000-251S, 8-28-01; Ord. No. 2003-132, 11-18-03; Ord. No. 2011-61, 11-8-11)

The area requirements for the B-3 commercial service district are as follows:

(Code 1975, § 7.036)

The minimum yard setback requirements in the B-3 commercial business district are as follows:

(Code 1975, § 7.036; Ord. No. 2000-251S, 8-28-01)

The following uses are permitted in the B-4 planned business district:

(1)

Principal uses. None.

(2)

Conditional uses. See sections 20-1010, 20-1246, 20-1291, 20-1336, 20-1338, 20-1339, and 20-1340, as applicable. Residential quarters may be permitted as a conditional use provided that such quarters are clearly accessory to the principal use on the property and occupy fifty (50) percent or less of the total floor space of the structure in which they are located.

(Code 1975, § 7.036; Ord. No. 91-130, § 7-036, 11-5-91; Ord. No. 93-9, 5-11-93; Ord. No. 2011-61, 11-8-11)

The area requirements for the B-4 planned business district are as follows:

(Code 1975, § 7.036)

The minimum yard setback requirements in the B-4 planned business district are as follows:

(Code 1975, § 7.036)

The following uses are permitted in the B-5 highway business district:

(1)

Principal uses. Adult establishements. (See section 20-636 et al)

(2)

Conditional uses. Restaurants, gift shops, places of entertainment, confectioneries and drug stores, plus those specified in sections 20-1010, 20-1226, 20-1246, 20-1291, 20-1336, 20-1338, 20-1339, and 20-1340, as applicable. Residential quarters may be permitted as a conditional use provided that such quarters are clearly accessory to the principal use on the property and occupy fifty (50) percent or less of the total floor space of the structure in which they are located.

(Code 1975, § 7.036; Ord. No. 91-130, § 7-036, 11-5-91; Ord. No. 93-9, 5-11-93; Ord. No. 2003-132, 11-18-03; Ord. No. 2011-61, 11-8-11)

The area regulations for the B-5 highway business district are as follows:

(Code 1975, § 7.036)

The minimum yard setback requirements in the B-5 highway business district are as follows:

(Code 1975, § 7.036)

The following uses are permitted in the B-6 water oriented business district:

(1)

Principal uses. Existing water-oriented commercial uses, such as bait shops, bathhouses, bathing and fishing areas on lakes and streams, boat and marine sales, boat launching areas, boat liveries, boat storage, repair and service marinas, dance halls, fishing equipment sales, hotels, motels, resorts, restaurants, and taverns.

(2)

Conditional uses. Extension of, or the creation of, new principal uses listed above. See also sections 20-1010, 20-1246, 20-1291, 20-1336, 20-1338, 20-1339, and 20-1340. Residential quarters may be permitted as a conditional use provided that such quarters are clearly accessory to the principal use on the property and occupy fifty (50) percent or less of the total floor space of the structure in which they are located.

(Code 1975, § 7.036; Ord. No. 91-130, § 7-036, 11-5-91; Ord. No. 93-9, 5-11-93; Ord. No. 2011-61, 11-8-11)

The area requirements for the B-6 water oriented business district are as follows:

(Code 1975, § 7.036)

The minimum yard setback requirements in the B-6 water oriented business district are as follows:

(Code 1975, § 7.036)

(a)

Intent.

(1)

The intent of this division is to regulate adult establishments and related activities to protect the health, safety, morals, and general welfare of the citizens of Racine County, to further preserve the quality of family life as well as the rural and urban characteristics of its neighborhoods in Racine County, to prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods, to avoid the effects of adult entertainment upon minors and the violation of civil rights of many persons partaking in such entertainment, mitigate criminal activity and disruption of public peace associated with such establishments, and also to prevent the unsanitary and unhealthful conditions associated with such establishments. The intent is to establish reasonable and uniform provisions to regulate adult establishments within Racine County. It is not the intent or effect to restrict or deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market. Additionally, it is not the intent or effect to limit or restrict the lawful activities permitted under W.S.A. ch. 125, "Alcohol Beverages" and Racine County Code of Ordinances. By the enactment of this chapter, the Racine County Board of Supervisors does not intend to give any explicit, implicit, or tacit approval or condone any activity relating to adult entertainment.

(2)

The Racine County Board of Supervisors seeks to improve the effectiveness of existing and previously adopted regulations for purposes of limiting the secondary effects of adult establishments and related activities. Where developments in the law have subsequently rendered prior regulations ineffective, the intent of this chapter is to effectuate zoning regulations to accomplish the intent outlined in subsection (a)(1) above.

(b)

Findings of fact. Premised on evidence showing the adverse secondary effects of adult establishments on the community, this division recognizes and seeks to reduce the following impacts of adult establishments while fully protecting the constitutional rights of citizens:

(1)

Adult business establishments can and do impair the character and quality of surrounding neighborhoods, the value of surrounding properties, the economic welfare of communities, and the quality of life of residents.

(2)

Adult establishments lend themselves to ancillary unlawful and unhealthy activities that are not presently effectively controlled by the operators of the establishments.

(3)

Adult establishments contribute to the physical deterioration and blight of nearby neighborhoods, with greater adverse impacts on residential than on non-residential properties and have other adverse secondary effects on property up to at least six hundred (600) feet from the adult establishments.

(4)

Neighborhoods where adult business establishments are located have increased levels of criminal activities, especially sex-related crimes.

(5)

Prostitution, sexual assaults, and other criminal activity occur at adult establishments and persons frequent certain adult theaters or other adult establishments for the purpose of engaging in sex within the premises.

(6)

Video viewing booths are often used by patrons of adult business establishments for engaging in sexual acts, including masturbation, intercourse, sodomy, and oral copulation, resulting in unsafe and unsanitary conditions in the booths. Bodily fluids, including semen and urine, are often found in such booths. These fluids, prostitution, and other activities that occur in adult establishments may spread communicable diseases, including, but not limited to, syphilis, gonorrhea, genital chlamydia trachomatic, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections, and shigella infections.

(Ord. No. 2020-93, 1-12-21)

(a)

Principal uses. The First Amendment and other provisions of the Unites States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult establishments, as defined in this chapter, are entitled to certain protections, including the opportunity to locate in towns governed by the county zoning code. Therefore, an adult establishment shall be an allowed principal use in the B-3 and B-5 zoning districts and shall be a prohibited use in any other zoning district. The adult establishment may locate in the specified districts only if an adult establishment license has been granted by a town within the county which is subject to this zoning code if required by the town, and all the requirements of this chapter and the applicable zoning district's regulations are met.

(b)

Accessory uses. Any accessory use authorized by the underlying zoning district may be an accessory use to an adult establishment. In no case shall an adult establishment be an accessory use to any principal use designed by any section of this chapter.

(Ord. No. 2020-93, 1-12-21)

(a)

Except as provided below, all adult establishments shall comply with the following requirements and restrictions:

(1)

Hours of operation: The hours of operation of adult establishments shall be limited to the same hours of operation for bars and taverns within that community within which the adult establishment is located.

(2)

Animals: No animals, except only for seeing-eye dogs required to assist the blind, shall be permitted at any time at or in any adult establishment or permitted premises.

(3)

Restricted access: No adult establishment patron shall be permitted at any time to enter into any of the non-public portions of any adult establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult establishment employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the permitted premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties.

(4)

Exterior display: No adult establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," from any sidewalk, public or private right-of-way, or any property other than the lot on which the permitted premises is located. No portion of the exterior of an adult establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed by this chapter with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening.

(5)

Sign limitations: All signs for adult establishments shall be flat wall signs. The business may have only one (1) non-flashing business sign which may only indicate the name of the business and identify it as an adult establishment, and which shall not be larger than four (4) feet by four (4) feet. Temporary signs shall not be permitted in connection with any adult establishment.

(6)

Manager's stations: Each adult establishment shall have one (1) or more manager's stations. The interior of each adult establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one (1) manager's station to every part of each area, except restrooms, of the establishment to which any adult establishment patron is permitted access for any purpose. The cashier's or manager's station shall be located so that someone working there can quickly move to physically halt any attempted or accidental entry by a minor. An employee shall occupy the station at all times when patrons are in and on the premises.

(7)

Adult booths prohibited: Adult booths shall be prohibited in all adult establishments.

(8)

No loitering policy: The adult establishment shall clearly post and enforce a no loitering policy.

(9)

Age limit restrictions: The adult establishment shall clearly post and enforce age-limit restrictions. A one-square-foot sign shall be placed on each public entrance which shall state "Admittance to adults only" and may include other pertinent business information.

(10)

Measuring disbursement distances: The distances in this section shall be measured by following a straight line, without regard to intervening structures, from the public entrance (existing or proposed) of an adult establishment to the nearest point of the protected use as described below.

(11)

Spacing requirement: No more than one (1) adult establishment may be located on any one (1) parcel and the location of any one (1) adult establishment shall be at least one thousand (1,000) feet from the establishment of any other adult establishment. This distance shall be measured from the public entrance of one (1) adult establishment to the public entrance of the other adult establishment.

(12)

Display windows prohibited: All points of access into structures containing adult establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner which will prevent a view into the interior.

(13)

Location requirement: No permit shall be granted where the public entrance of the proposed adult establishment is within six hundred (600) feet of a sensitive land use. In the case of an area zoned residential, the distance shall be measured from the nearest point on the residential district zoning boundary line. From an area not zoned residential but used for residential purposes, the measurement shall be taken from the public entrance of the adult establishment to the nearest entrance of the building in residential use. From schools, houses of worship, day care centers, libraries, and museums and applicable facilities and youth development organizations, the distance shall be measured from the public entrance of the adult establishment to the main public entrance of the protected use. From playgrounds, public parks, recreation areas, and schools, houses of worship and day care centers with playgrounds or recreation areas, the distance shall be measured from the public entrance of the adult establishment to the nearest property line of the playground, public park, or recreation area.

(14)

Residential quarters not allowed: No residential quarters shall be allowed on a premises with an adult establishment.

(15)

The owner and/or operator of the adult establishment shall agree to comply with all state, federal and local laws and ordinances, including obscenity, liquor, and cabaret laws. Solicitation for purposes of prostitution shall be strictly prohibited. Conduct in violation of W.S.A. § 944.21, or section 20-1357 of this Code shall be strictly prohibited.

(b)

Additional restrictions and requirements applicable to adult establishments. Adult establishments shall comply with certain additional restrictions and requirements as set forth below:

(1)

Adult cabarets.

a.

Adult cabarets shall comply with all applicable noise restrictions contained in the Racine County Code of Ordinances.

b.

All live performers in an adult cabaret shall perform only on a stage elevated no less than thirty-six (36) inches above floor level. There shall be a metal railing attached to the floor by bolts surrounding the stage which shall keep patrons at least forty-eight (48) inches from the stage. There shall also be a metal railing attached to the floor by bolts at the end of the stage.

(Ord. No. 2020-93, 1-12-21)

(a)

Demographics.

(1)

Individuals.

a.

Applicant's legal name, all of the applicant's aliases, and the applicant's age;

b.

Applicant's business address.

(2)

Corporations.

a.

Applicant corporation's complete name and official business address;

b.

Legal names, all aliases, the ages, and business addresses of all of the directors, officers, and managers of the corporation and of every person owning or controlling more than twenty-five (25) percent of the voting shares of the corporation;

c.

Applicant corporation's date and place of incorporation and the objective for which it was formed;

d.

Proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Wisconsin;

e.

Name of the registered corporate agent and the address of the registered office for service of process.

(3)

Partnerships (general or limited), joint ventures, or any other type of organization where two (2) or more persons share in the profits and liabilities of the organization.

a.

Applicant organization's complete name and official business address;

b.

Legal name, all aliases, the ages, and business addresses of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.

(4)

Land trusts.

a.

Applicant land trust's complete name;

b.

Legal name, all aliases, and the business address of the trustee of the land trust;

c.

Legal name, all aliases, the ages, and business addresses of each beneficiary of the land trust and the specific interest of each such beneficiary in the land trust;

d.

The interest, if any, that the land trust holds in the permitted premises.

(b)

If a corporation or partnership is an interest holder that shall be disclosed pursuant to subsections (a)(2) and (3), then such interest holders shall disclose the information required in said subsections with respect to their interest holders.

(c)

The general character and nature of the applicant's business.

(d)

The length of time that the applicant has been in the business of the character specified in response to subsection (c) above.

(e)

The location (including street address and legal description) and telephone number of the premises for which the adult establishment permit is sought.

(f)

The specific name of the business that is to be operated under the adult establishment permit.

(g)

The identity of each fee simple owner of the permitted premises.

(h)

A diagram showing the internal and external configuration of the permitted premises, including all doors, windows, entrances, exits, the fixed structural internal features of the permitted premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms.

[A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required, provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six (6) inches and sufficient to show clearly the various interior dimensions of all areas of the permitted premises and to demonstrate compliance with the provisions of this chapter. The approval or use of the diagram required pursuant to this subsection shall not be deemed to be, and may not be interpreted or construed to constitute, any other county approval otherwise required pursuant to applicable county ordinances and regulations.]

(i)

The specific type(s) of adult establishment(s) that the applicant proposes to operate on the permitted premises.

(j)

A copy of each adult establishment's permit, liquor license, and gaming license currently held by the applicant, or any of the individuals identified in the application pursuant to subsection (a) or (b) above.

(k)

The application fee, site plan review fee, and zoning permit fee in the amount as adopted by resolution or in the annual county budget.

(l)

Any other information the zoning administrator may reasonably require to apply the requirements of this chapter.

(m)

The zoning administrator reserves the right to require a survey from a surveyor licensed by the State of Wisconsin to determine the spacing requirements under this chapter.

(n)

A site plan, landscaping plan, zoning permit application, and letter of agent status, if necessary, as required by site plan review application requirements adopted by the planning and development department.

(o)

A site plan, landscaping plan, zoning permit application, and letter of agent status, if necessary, as required by site plan review application requirements adopted by the development services department.

(Ord. No. 2020-93, 1-12-21; Ord. No. 2020-110, 4-13-21)

Any application for an adult establishment that does not include all of the information and documents required pursuant to this chapter, as well as the required fees, shall be deemed to be incomplete and shall not be acted on by the zoning administrator who shall give the applicant a written notification and explanation of such action pursuant to this section.

(Ord. No. 2020-93, 1-12-21)

An applicant for an adult establishment permit shall cooperate fully in the inspections and investigations conducted by Racine County. The applicant's failure or refusal to:

(1)

Give any information reasonably relevant to the investigation of the application;

(2)

Allow the permitted premises to be inspected;

(3)

Appear at any reasonable time and place; or

(4)

Otherwise cooperate with the investigation and inspection required by this chapter

shall constitute an admission by the applicant that the applicant is ineligible for an adult establishment permit and shall be grounds for denial of the permit by the zoning administrator.

(Ord. No. 2020-93, 1-12-21)

The zoning administrator shall, within thirty (30) days after submittal of a completed application, or within such other period of time as the county and the applicant shall otherwise agree, either issue or deny an adult establishment permit pursuant to the provisions of this chapter.

(Ord. No. 2020-93, 1-12-21)

(a)

Issuance: The zoning administrator shall issue an adult establishment permit to an applicant if the zoning administrator finds and determines all of the following:

(1)

All information and documents required by this chapter for issuance of an adult establishment permit have been properly provided.

(2)

No person identified in the application may:

a.

Have been denied an adult establishment permit within twelve (12) months immediately preceding the date of the application;

b.

Be a person whose adult establishment permit has been revoked within twelve (12) months immediately preceding the date of the application; or

c.

Be a person whose adult establishment permit is under suspension at the time of application.

(3)

The adult establishment and the permitted premises comply with all requirements under this chapter and the applicant has obtained a license required for the adult establishment by the town, if any.

(4)

The applicant has signed the permit he or she has received indicating his or her acceptance of the conditions of the permit.

(b)

Denial: If the zoning administrator determines that the applicant has not met any one (1) or more of the conditions set forth in this section, then the zoning administrator shall deny issuance of the adult establishment permit and shall give the applicant a written notification and explanation of such denial.

(c)

License deemed to be issued: If the zoning administrator does not issue or deny the adult establishment permit within thirty (30) days after the properly completed application is submitted, then the adult establishment permit applied for shall be deemed to have been issued.

(Ord. No. 2020-93, 1-12-21)

(a)

A violation of any conditions or an adult establishment permit is a violation of this chapter.

(b)

Notwithstanding any other remedy, a violation of any conditions or an adult establishment permit shall be grounds for revocation of the adult establishment permit.

(Ord. No. 2020-93, 1-12-21)

An adult establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of the adult establishment permit, if a protected use is located within six hundred (600) feet of the adult establishment.

(Ord. No. 2020-93, 1-12-21)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law.

(Ord. No. 2020-93, 1-12-21)

The intent of this district is to maintain highly productive agricultural lands in food and fiber production by effectively limiting encroachment on non-agricultural development and minimizing land use conflicts among incompatible uses.

(Ord. No. 2014-87, 12-9-14)

The following definitions apply in the A-1 farmland preservation district:

Accessory use shall mean any of the following land uses on a farm:

(1)

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use;

(2)

An activity or business operation that is an integral part of or incidental to, an agricultural use;

(3)

A farm residence;

(4)

A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in paragraph (1) or (3), that employs no more than four (4) full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland;

(5)

Any other use that the DATCP, by rule, identifies as an agricultural use.

Agricultural-related use shall mean any of the following: an agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.

Base farm tract shall mean one (1) of the following:

(1)

All contiguous parcels in a farmland preservation zoning district that are part of a single farm on December 31, 2014, regardless of any subsequent changes in the size of the farm;

(2)

Any other tract that the department, by rule, defines as a base farm tract.

Farm shall mean all land under common ownership (all owned by exactly the same person or entity) that is primarily devoted to agricultural use.

Farm acreage shall mean size of farm in acres.

Farmland preservation agreement shall mean any of the following agreements between an owner of land and the department under which the owner agrees to restrict the use of land in return of tax credits:

(1)

A farmland preservation agreement or transition area agreement entered in under W.S.A., § 91.14;

(2)

An agreement entered in to under W.S.A., § 91.60(1).

Farmland preservation area shall mean an area that is planned primarily for agricultural use or agricultural-related use, or both, and that is one (1) of the following:

(1)

Identified as an agricultural preservation area or transition area in a farmland preservation plan described in W.S.A., § 91.21(1);

(2)

Identified under W.S.A., § 91.10(1)(d) in a farmland preservation plan described in W.S.A., § 91.12(2).

Farmland preservation plan shall mean a plan for the preservation of farmland in a county, including an agricultural preservation plan under W.S.A., subch. IV of ch. 91, 2007 Stats.

Farm residence shall mean any of the following structures that are located on a farm:

(1)

A single-family or duplex residence that is the only residential structure on the farm or is occupied by any of the following:

a.

An owner or operator of the farm;

b.

A parent or child of an owner or operator of the farm;

c.

An individual who earns more than 50 percent of his or her gross income from the farm.

(2)

A migrant labor camp that is certified under W.S.A., § 103.92.

Livestock shall mean bovine animals, equine animals, goats, poultry, sheep swine, farm raised deer, farm-raised game birds, camelids, ratities, and farm-raised fish.

Non-farm residence shall mean a single-family or multi-family residence other than the farm residence.

Non-farm residential acreage shall mean the total number of acres of all parcels on which non-farm residences are located.

Owner shall mean a person who has ownership interest in land.

Prior nonconforming use shall mean a land use that does not conform with the farmland preservation zoning ordinance, but that existed lawfully before the farmland preservation zoning ordinance was enacted.

Protected farmland shall mean land that is located in the farmland preservation zoning district, is covered by a farmland preservation agreement, or is otherwise legally protected from non-agricultural development.

(Ord. No. 2014-87, 12-9-14)

The following uses are permitted in the A-1 farmland preservation district:

(1)

Principal uses. Apiculture, dairying; floriculture; forestry; grazing; greenhouses; hay; livestock raising except those listed in subsection 20-658(2); orchards; paddocks; pasturage; plant nurseries; poultry raising; raising of cash grain crops, mint, grass, seed crops, silage, tree fruits, nuts and berries, and vegetables; stables; truck farming; aqua farming; Christmas tree production; viticulture; a farm residence that is the only residential structure on the farm; nonfarm residences constructed in a cluster in accordance with W.S.A. § 91.46(1); undeveloped natural resource and open space areas; and enrolling land in a federal agricultural commodity payment program or federal or state agricultural land conservation payment program.

(2)

Conditional uses. Animal hospitals; commercial egg production; commercial raising of animals, such as dogs, foxes, goats, mink, pigs and rabbits must meet W.S.A. § 91.01(1); condenseries; creameries; feed lots, grain elevators, commercial grain storage and seed operations, which operate exclusive of any farm operation; hatching or butchering of fowl, airports, airstrips and landing fields for farm or personal use only; worm farms; sod farming; one- and two-family non-farm residences and one- and two-family non-farm residential clusters and a second farm residence that is occupied either by an individual who earns more than fifty (50) percent of his or her income from the farm or a migrant labor camp that is certified under W.S.A., § 103.92. These residences are also subject to the restrictions found in subsection 20-1008(d); mobile service support structures. For additional restrictions see sections 20-1010, 20-1226, 20-1291, 20-1336, 20-1337, and 20-1338.

(3)

Prior nonconforming uses subject to W.S.A., § 59.69(10).

a.

A prior nonconforming use may not be expanded or modified.

b.

The number and location of existing residences may limit conditional use permits for new residences.

(Ord. No. 2014-87, 12-9-14; Ord. No. 2015-90, 12-15-15)

The area requirements for the A-1 farmland preservation district are as follows:

(Ord. No. 2014-87, 12-9-14)

The following uses are permitted in the A-2 general farming and residential district II:

(1)

Principal uses. All uses permitted in the A-1 farmland preservation district, plus one and two family dwellings, whether or not such dwellings are associated with farm operations. In the A-2 district, the principal structure shall be the residential structure intended to service the parcel on which such residence is located.

(2)

Conditional uses. All conditional uses permitted in the A-1 farmland preservation district. See sections 20-1010, 20-1202, 20-1226, 20-1291, 20-1336, 220-1337 and 20-1338.

(Code 1975, § 7.037; Ord. No. 89-255, 2-27-90; Ord. No. 2011-61, 11-8-11; Ord. No. 2014-87, 12-9-14)

The area requirements for the A-2 general farming and residential district II are as follows:

(Code 1975, § 7.037; Ord. No. 2003-197, 2-12-04)

The minimum yard setback requirements in the A-2 general farming and residential district II are as follows:

(1)

Shore .....75 feet

(2)

Street .....75 feet

(3)

Rear .....25 feet

(4)

Side .....25 feet

(Code 1975, § 7.037; Ord. No. 91-264, pt. 3, 4-14-92)

The board of supervisors and town boards of supervisors adopting this chapter find that urbanization is taking place in certain areas of the county at a rapid pace, that scattered urbanization can greatly increase the public cost of installing public facilities, such as sewers and schools required to service such growth, and therefore that the public interest will be best served by channeling such development to suitable county areas only at such time as it is economically feasible to plan, budget and commit to construction of the necessary supporting public services and facilities. Consequently, some county areas of potential growth will be placed in so-called holding districts, A-3 general farming district III, where nonagricultural development will be deferred until the appropriate legislative bodies determine that it is economically feasible to provide public services and facilities for uses other than those permitted in the holding district. It is intended that the status of all holding districts will be reviewed by the county economic development and land use planning committee no less frequently than every five (5) years in order to determine whether, in light of the foregoing general standards, there should be a transfer of all or part of a holding district to some other use district. Any such review will consider the need for permitting other uses on such land, the nature of the use or uses to be permitted and the cost and availability of the public services and facilities which will be necessitated by such new uses or uses.

(Code 1975, § 7.037; Ord. No. 2020-110, 4-13-21)

The uses permitted in the A-3 general farming district III are as follows:

(1)

Principal uses. All uses permitted in the A-1 farmland preservation district.

(2)

Conditional uses. Same as in A-1 farmland preservation district.

(Code 1975, § 7.037; Ord. No. 2014-87, 12-9-14)

The lot, building and yard requirements in the A-3 general farming district III shall be the same as in the A-1 farmland preservation district.

(Code 1975, § 7.037; Ord. No. 2014-87, 12-9-14)

The following uses are permitted in the A-4 truck farming district:

(1)

Principal uses. Apiculture, floriculture, greenhouses, horticulture, nurseries, orchards, paddocks, raising of cash crops, raising of horses not to exceed three (3) head for each five (5) acres, truck farming, and viticulture, and farm dwellings for those resident owners actually engaged in a principal agricultural use. Residential dwellings for laborers actually engaged in a principal agricultural use are accessory uses to the farm operation but shall comply with all the provisions of the R-2 residential district. Existing dwellings not accessory to any farm operation or dwellings remaining after consolidation of neighboring farms are permitted but shall comply with all the provisions of the R-2 residential district. Not more than one (1) roadside stand on any one (1) farm shall be permitted as an accessory use.

(2)

Conditional uses. See sections 20-1010, 20-1226, 20-1291, 20-1336, 20-1337, and 20-1338.

(Code 1975, § 7.037; Ord. No. 2011-61, 11-8-11)

The area requirements for the A-4 truck farming district are as follows:

(Code 1975, § 7.037)

(a)

Permitted uses. The following uses are permitted in the M-1 light industrial and office district subject to approval by the economic development and land use planning committee as to location and operations:

(1)

General or clerical offices.

(2)

Professional offices.

(3)

Research and testing laboratories.

(4)

Schools and training centers.

(5)

Cleaning, pressing and dyeing establishments.

(6)

Commercial greenhouses.

(7)

Wholesalers and distributors.

(8)

Food locker plants.

(9)

Light industrial plants such as required for production of millwork, machine tools, paper containers, patterns, die castings, light metal fabrication and similar small industries.

(b)

Conditional uses. All structures and improvements for principal uses subject to the following general provisions. See sections 20-1010, 20-1226, 20-1291, 20-1336, and 20-1338.

(1)

No merchandise shall be handled for sale or service rendered on the premises except such as are incidental or accessory to the principal permissible use of the premises, except for sales or service to industrial customers.

(2)

All operations and activities of all uses within this district shall be conducted wholly inside a building or buildings.

(3)

No continuous or intermittent noise from operations greater than the volume and range of noise emanating from vehicular traffic or its equivalent in noise shall be detectable at the boundary line of any residence district.

(4)

No toxic matter, noxious matter, smoke or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted.

(5)

No vibrations shall be detectable beyond the lot lines.

(6)

No glare or heat shall be detectable beyond the lot lines.

(7)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any residence district or into public streets or parks.

(8)

The storage or use of chemicals, either solid, liquid or gas, shall be subject to the following conditions:

a.

The storage, utilization, or manufacturing of materials or products ranging from incombustible to moderate burning is permitted.

b.

The storage, utilization or manufacturing of materials or products ranging from free to active burning is permitted provided the following condition is met: Said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

c.

The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

(Code 1975, § 7.038; Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

The area requirements for the M-1 light industrial and office district are as follows:

(Code 1975, § 7.038)

The minimum yard setback requirements in the M-1 light industrial and office district are as follows:

(Code 1975, § 7.038)

(a)

Permitted uses. The following uses are permitted in the M-2 general industrial district subject to approval by the economic development and land use planning committee as to location and operations:

(1)

All M-1 permitted uses.

(2)

Manufacture, fabrication, packing, packaging, and assembly of products from furs, glass, leather, metals, paper, plaster, plastic, textiles and wood.

(3)

Manufacture, fabrication, packing, packaging and assembly of confections; cosmetics; electrical appliances; electronic devices; foods except garbage, fish and fish products, meat and meat products, and pea vineries; instruments; jewelry; pharmaceuticals; tobacco and toiletries.

(4)

Manufacturing and bottling of nonalcoholic beverages.

(5)

Painting.

(6)

Printing.

(7)

Publishing.

(b)

Conditional uses. All structures and improvements for principal permitted uses. See sections 20-1010, 20-1226, 20-1291, 20-1336, 20-1338, 20-1339, and 20-1340.

(Code 1975, § 7.038; Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

The maximum height of any building in the M-2 general industrial district is forty-five (45) feet.

(Code 1975, § 7.038)

The minimum yard setback requirements for the M-2 general industrial district are as follows:

(Code 1975, § 7.038)

(a)

Permitted uses. The following uses are permitted in the M-3 heavy industrial district subject to approval by the economic development and land use planning committee as to location and operation:

(1)

All M-1 and M-2 uses.

(2)

Manufacture and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil, cloth, paint, peas, perfume, pickle, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, radium, rope, rubber, sausage, shoddy, size, starch, stove polish, textiles and varnish.

(3)

Manufacturing, processing, and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast.

(4)

Manufacture and bottling of alcoholic beverages; bag cleaning; canneries; cold storage warehouses; electric and steam generating plants; electroplating; enameling; forges; foundries; garbage incinerators; lacquering; lithographing; offal, rubbish, or animal reduction; oil, coal, and bone distillation; refineries; road test facilities; slaughterhouses; smelting; stockyards; tanneries; and weaving provided such uses shall be at least six hundred (600) feet from residential and public and semipublic districts.

(5)

Outside storage and manufacturing areas.

(6)

Wrecking, junk, demolition, and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least six hundred (600) feet from residential, public and semipublic districts.

(7)

Freight yards.

(8)

Freight terminals and trans-shipment depots.

(9)

Inside storage warehouses.

(10)

Breweries.

(11)

Crematories.

(b)

Conditional uses. All structures and improvements for principal permitted uses. See sections 20-1010, 20-1226, 20-1291, 20-1336, 20-1338, 20-1339, and 20-1340.

(Code 1975, § 7.038; Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

The maximum height of any building in the M-3 heavy industrial district is sixty (60) feet.

(Code 1975, § 7.038)

The minimum yard setback requirements in the M-3 heavy industrial district are as follows:

(Code 1975, § 7.038)

The following uses are permitted in the M-4 quarrying district:

(1)

Principal uses. Mineral extraction operations and concrete and concrete products manufacturing that are presently in existence. The manufacture of concrete and concrete products, including concrete and asphalt batch plants, may occur on a parcel only during the duration of the on-site mineral extraction activity.

(2)

Conditional uses. Extension of legally existing mineral extraction operations and manufacture of concrete and concrete products or the creation of new such extraction or manufacturing operations; utilities. The manufacture of concrete and concrete products, including concrete and asphalt batch plants, may occur on a parcel only during the duration of the on-site mineral extraction activity. See sections 20-1010, 20-1228, 20-1291, 20-1336, and 20-1338.

(Code 1975, § 7.038; Ord. No. 2000-251S, 8-28-01; Ord. No. 2011-61, 11-8-11)

(a)

All excavations shall occur within the M-4 quarrying district and shall be at least two hundred (200) feet from any right-of-way or property line. All accessory uses such as offices, parking areas, and stockpiles shall be located within the M-4 district and shall be at least one hundred (100) feet from any right-of-way or property line.

(b)

When a mineral extraction operation abuts another such operation, the two hundred (200) foot setback for each operation from their common lot line may be reduced to a zero lot line setback through economic development and land use planning committee approval of restoration plan(s) in order to establish a more reasonable restoration of such operations.

(Ord. No. 88-160, § 7.038, 1-10-89; Ord. No. 2000-251S, 8-28-01; Ord. No. 2020-110, 4-13-21)

The maximum height of any structure in the M-4 quarrying district shall be forty-five (45) feet.

(Code 1975, § 7.038)

(a)

The airport protection overlay district is intended to maintain the existing utility of any airport in the county and prevent further encroachment or obstruction of the airspace necessary for safe landing, takeoff and maneuvering of aircraft. It is intended to protect any airport that is open for use by the general public. It is hereby declared that obstructions to the airspace required for the safe landing, takeoff and maneuvering of aircraft and that land uses which interfere with the safe operation of aircraft, have the potential for endangering lives and the property of users of the county airports and of those who occupy land in their vicinity.

(b)

It is therefore determined that the public safety and general welfare require the prohibition of hazardous land use and obstructions to the airspace necessary for safe air operations. So far as is practical, the provisions of this division regarding airport protection have been structured and modeled in accordance with Federal Aviation Regulations Part 77, Objects Affecting Navigable Airspace. The initial airport covered by the APO district is the Racine Commercial Airport, which has been designated by the federal aviation administration as an official reliever airport for General Mitchell Field and O'Hare International Airport in the category of general aviation.

(c)

However, the protections and restrictions described herein and the principles upon which they are based are applicable to other local airports which may seek similar protections or restrictions.

(Code 1975, § 7.0310)

(a)

No use may be made of any lands within the airport protection overlay district which will result in or cause any of the following:

(1)

Interference with navigational signals or radio communications between airport and aircraft;

(2)

Make it difficult for pilots to distinguish between airport lights and others by maintaining lights which resemble airport marker or navigational lights or aids;

(3)

Result in causing glare in the eyes of pilots using the airport;

(4)

Impair visibility from aircraft using the airport;

(5)

Create bird strike hazards by creating bodies of water which attracts birds; or

(6)

Otherwise interfere with the landing, takeoff or maneuvering of aircraft using or intending to use the airport.

(b)

Use of any land in the airport protection overlay district for solid waste disposal is prohibited.

(c)

This section shall not be construed as prohibiting the tilling of soil in normal farming operations or the use of land for retention of stormwater for short periods not to exceed forty-eight (48) hours.

(Code 1975, § 7.026)

The following surfaces in the APO airport protection overlay district shall be protected:

(1)

Primary surface. A surface whose elevation at any point is the same as the elevation at the nearest point on a runway and whose horizontal projection is bounded as follows: Begin at a point on the Section line between Section 31, Township 4 North, Range 23 East and Section 6, Township 3 North, Range 23 East which is located S88°07′45″W 35.56 feet from the Southeast corner of said Section 31; run thence S35°25′36″W 329.76 feet; thence N54°34′24″W 1000.00 feet; thence N35°25′36″E 1899.83 feet; thence N48°11′17″W 1791.55 feet; thence N41°48′43″E 500.00 feet; thence S48°11′17″E 1735.60 feet; thence N35°25′36″E 3067.76 feet; thence S54°34′24″E 1000.00 feet; thence S35°25′36″W 3176.66 feet; thence S48°11′17″E 1667.09 feet; thence S41°48′43″W 500.00 feet; thence N48°11′17″W 1611.14 feet; thence S35°25′36″W 1458.16 feet to the point of beginning.

(2)

Approach Surface No. 04. Commence at a point on the Section line between Section 31, Township 4 North, Range 23 East and Section 6, Township 3 North, Range 23 East, located S88°07′45″W 35.56 feet from the Southeast corner of said Section 31; run thence S35°25′36″W 329.76 feet to the point of beginning of this description at elevation 667.20; run thence S26°53′45″W 5157.06 feet to a point at elevation 817.20; thence S26°53′45″W 4954.82 feet to a point at elevation 817.20; thence N54°34′24″W 4000.00 feet to a point at elevation 817.20; thence N43°57′27″E 4954.82 feet to a point at elevation 817.20; continue thence N43°57′27″E 4954.82 feet to a point at elevation 817.20; continue thence N43°57′27″E 5157.06 feet to a point at elevation 667.20; thence S54°34′24″E 1000.00 feet to the point of beginning.

(3)

Approach Surface No. 14. Commence at a point on the East line of Section 31, Township 4 North, Range 23 East, located N01°21′46″W 1953.40 feet from the Southeast corner of said Section 31; run thence N48°11′17″W 1649.11 feet to the point of beginning of this description at elevation 668.61; run thence N53°53′55″W 3768.70 feet to a point at elevation 818.61; continue thence N53°53′55″W 6281.17 feet to a point at elevation 818.61; thence N41°48′43″E 2500 feet to a point at elevation 818.61; thence S42°28′39″E 6281.17 feet to a point at elevation 818.61; continue thence S42°28′39″E 3768.70 feet to a point at elevation 668.61; thence S41°48′43″W 500.00 feet to the point of beginning.

(4)

Approach Surface No. 22. Commence at a point on the North-South ¼ line of Section 32, Township 4 North, Range 23 East, located N01°05′11″W 1715.72 feet from the center of said Section 32; run thence N54°34′24″W 539.97 feet to the point of beginning of this description at elevation 665.25; run thence N28°18′06″E 5139.69 feet to a point at elevation 815.25; continue thence N28°18′06″E 4938.13 feet to a point at elevation 815.25; thence S54°35′24″E 3500.00 feet to a point at elevation 815.25; thence S42°33′06″W 4938.13 feet to a point at elevation 815.25; continue thence S42°33′06″W 5139.69 feet to a point at elevation 665.25; thence N54°34′24″W 1000.00 feet to the point of beginning.

(5)

Approach Surface No. 32. Commence at a point on the North-South ¼ line of Section 32, Township 4 North, Range 23 East, located N00°47′06″W 194.51 feet from the South ¼ corner of said Section; run thence N53°53′55″W 361.46 feet to the point of beginning of this description at elevation 655.06; run thence S53°53′55″E 3768.70 feet to a point at elevation 805.06; continue thence 53°53′55″E 6281.17 feet to a point at elevation 805.06; thence S41°48′43″W 2500 feet to a point at elevation 805.06; thence N42°28′39″W 6281.17 feet to a point at elevation 805.06; continue thence N42°28′39″W 3768.70 feet to a point at elevation 655.06; thence N41°48′43″E 500.00 feet to the point of beginning.

(6)

Transition Surface "A." Commence at a point on the Section line between Section 31, Township 4 North, Range 23 East and Section 6, Township 3 North, Range 23 East, located S88°07′45″W 35.56 feet from the Southeast corner of said Section 31; run thence S35°25′36″W 329.76 feet to the point of beginning of this description at elevation 667.20; run thence S26°53′45″W 5157.06 feet to a point at elevation 817.20; thence N38°37′31″E 5107.96 feet to a point at elevation 817.20; thence N35°25′36″E 613.87 feet to a point at elevation 809.48; thence S48°11′17″E 437.08 feet to a point at elevation 805.06; thence S58°23′32″E 3810.27 feet to a point at elevation 805.06; thence N42°28′39″W 3768.70 feet to a point at elevation 655.06; thence N48°11′17″W 1611.14 feet to a point on the primary surface; thence S35°25′36″W 1787.93 feet to the point of beginning.

(7)

Transition Surface "B." Commence at a point on the East line of Section 31, Township 4 North, Range 23 East; located N01°21′46″W 1953.40 feet from the Southeast corner of said Section 31; run thence N48°11′17″ W 1649.11 feet to the point of beginning of this description at elevation 668.61; thence S48°11′17″E 1791.55 feet to a point on the primary surface; thence S35°25′36″W 1899.83 feet to a point at elevation 667.20; thence S43°57′27″W 5157.06 feet to a point at elevation 817.20; thence N32°13′41″E 5107.96 feet to a point at elevation 817.20; thence N35°25′36″E 960.78 feet to a point at elevation 817.96; thence N48°11′17″W 852.50 feet to a point at elevation 818.61; thence N37°59′03″W 3810.27 feet to a point at elevation 818.61; thence S53°53′55″E 3768.70 feet to the point of beginning.

(8)

Transition Surface "C." Commence at a point on the East line of Section 31, Township 4 North, Range 23 East, located S01°21′26″E 24.73 feet from the East ¼ corner of said Section 31; run thence N48°11′17″W 1180.00 feet to the point of beginning of this description at elevation 668.61; run thence N42°28′39″W 3768.70 feet to a point at elevation 818.61; run thence S58°23′32″E 3810.27 feet to a point at elevation 818.61; thence S48°11′17″E 561.54 feet to a point at elevation 818.02; thence N35°25′36″E 1893.70 feet to a point at elevation 815.25; thence N40°03′03″E 5116.65 feet to a point at elevation 815.25; thence S28°18′06″W 5139.69 feet to a point at elevation 665.25; thence S35°25′36″W 3067.76 feet to a point on the primary surface; thence N48°11′17″W 1735.60 feet to the point of beginning.

(9)

Transition Surface "D." Commence at a point on the North-South ¼ line of Section 32, Township 4 North, Range 23 East located N00°47′06″W 194.51 feet from the South ¼ corner of said Section; run thence N53°53′55″W 361.46 feet to the point of beginning of this description at elevation 655.06; run thence N48°11′17″W 1667.09 feet to a point on the primary surface; thence N35°25′36″E 3179.66 feet to a point at elevation 665.25; thence N42°33′06″E 5139.69 feet to a point at elevation 815.25; thence S30°48′09″W 5116.65 feet to a point at elevation 815.25; thence S35°25′36″W 2240.61 feet to a point at elevation 807.15; thence S48°11′17″E 728.04 feet to a point at elevation 805.06; thence S37°59′03″E 3810.27 feet to a point at elevation 805.06; thence N53°53′55″W 3768.70 feet to the point of beginning.

(Code 1975, § 7.087; Ord. No. 97-156, 11-11-97)

The SSO structural overlay district is intended to be used to protect people and property from shore erosion damage in Lake Michigan shoreland areas which are recommended to be protected by properly designed, constructed and maintained shore protection structures.

(Code 1975, § 7.0311)

The SSO structural overlay district applies to those Lake Michigan shoreline areas which are located south of the northern one-half (½) of Township 4 North, Range 23 East, Section 8, in the Village of Caledonia and Mt. Pleasant. In addition, the SSO district applies to the northernmost one thousand three hundred (1,300) feet of Lake Michigan shoreline in Section 6 of the Village of Caledonia, Township 4 North, Range 23 East, which is covered by fly ash deposits. All new development within this overlay district shall be adequately protected by properly designed, constructed, and maintained shore protection structures or measures. Such structural protection structures or measures shall meet the criteria established in Recommendations of the Racine County Technical Subcommittee on Shoreland Development Standards to the Racine County Land Use Committee, 1982.

(Code 1975, § 7.0311; Ord. No. 2020-110, 4-13-21)

(a)

In delineating the SSO structural setback overlay district, the required recession or regrading of the bluff needed to form a stable slope, plus a minimum facility setback distance, shall be computed. The provision of the stable slope provides protection against further major bluff recession, as long as the shore protective structures are effective. This stable slope distance is measured from the existing bluff edge. The minimum facility setback distance is then measured from the edge of the regraded bluff needed to form a stable slope. The minimum facility setback distance provides a safety factor against possible failure of the protective structures during extreme storm events or other natural occurrences, and provides a buffer area which helps protect the regraded bluff edge from excessive surface water runoff and from the potential bluff instability which could be caused by the additional weight of buildings being placed close to the bluff edge. In addition, the minimum facility setback distance provides an area which may be effectively utilized to facilitate surface water and subsurface water drainage and control.

(b)

The distance required to achieve a one (1) on two and one-half (2½) stable slope is set forth in Table 12, page 65, of SEWRPC Community Assistance Planning Report No. 86, A Lake Michigan Coastal Erosion Management Study for Racine County, Wisconsin, and shall be used to determine the stable slope distance. Minimum facility setback distances measured from the edge of the net stable slope distance shall be as follows:

(1)

Two hundred (200) feet for all structures except public utilities, public recreational facilities and single-family residential units.

(2)

One hundred (100) feet for public utilities, public recreational facilities, and single family residential units. The minimum setback distance may be reduced in areas of existing facility development to be at least the average distance from the edge of the net stable slope distance to adjacent principal structures located on abutting parcels (excluding public right-of-ways and easements), although the minimum setback distance shall not be less than fifty (50) feet from the edge of the net stable slope distance. If an abutting parcel is vacant, a setback of one hundred (100) feet will be assumed for purposes of averaging.

(Code 1975, § 7.0311; Ord. No. 2000-251S, 8-28-01)

The calculated SSO structural setback overlay district distance may be modified upon submittal by an applicant or property owner of acceptable engineering analyses which indicated that the required distance for a stable slope is different than as defined in SEWRPC Community Assistance Planning Report No. 86, or that the height of the bluff is different than the assumed height.

(Code 1975, § 7.0311)

The following uses are permitted in the SSO structural setback overlay district:

(1)

Principal uses. Surface and subsurface water drainage and control; general farming activities, not including the erection of structures; open space; outdoor recreation; yard; storage of portable equipment and supplies; accessory buildings such as storage sheds; and minor structures such as driveways, sidewalks, patios and fences.

(2)

Conditional uses. Tree cutting and shrubbery clearing, land disturbance and earth movements, and shore protection structures. See section 20-1291.

(Code 1975, § 7.0311)

New, permanent or relocatable residential, institutional, commercial, industrial, and agricultural structures designed for human habitation or the confinement of animals are prohibited in the SSO structural setback overlay district.

(Code 1975, § 7.0311)

The NSO nonstructural setback overlay district is intended to be used to protect people and property from shore erosion damage in Lake Michigan shoreland areas which are not protected by properly designed, constructed, and maintained shore protection structures.

(Code 1975, § 7.0311)

The NSO nonstructural setback overlay district applies to those Lake Michigan shoreline areas which are located north of the southern one-half (½) of Township 4 North, Range 23 East, Section 8, Village of Caledonia, except for the northernmost one thousand three hundred (1,300) feet of Lake Michigan shoreline in Section 6 of the Village of Caledonia, which is covered by fly ash deposits.

(Code 1975, § 7.0311; Ord. No. 2020-110, 4-13-21)

(a)

In delineating the NSO nonstructural setback overlay district, the expected bluff recession over a fifty-year period, plus the required recession, or regrading the bluff needed to form a stable slope, plus a minimum facility setback distance from the regraded bluff edge, shall be computed. The NSO district thus includes those Lake Michigan shoreland areas which, based on historical bluff recession rates, are expected to be lost due to bluff recession, and the formation of a stable slope, over a fifty-year period, plus a minimum facility setback distance.

(b)

The distance required to achieve a one (1) on two and one-half (2½) stable slope is set forth in Table 12, page 65, of SEWRPC Community Assistance Planning Report No. 86, A Lake Michigan Coastal Erosion Management Study for Racine County, Wisconsin, and shall be used to determine the stable slope distance. Minimum facility setback distances measured from the edge of the net stable slope distance shall be as follows:

(1)

Two hundred (200) feet for all structures except public utilities; public recreational facilities and single-family residential units.

(2)

One hundred (100) feet for public utilities, public recreational facilities, and single-family residential units. The minimum setback distance shall be reduced in areas of existing facility development to the average distance from the regraded bluff edge to adjacent structures within one hundred (100) feet of the structure, although the minimum setback distance shall not be less than fifty (50) feet from the edge of the net stable slope distance.

(Code 1975, § 7.0311)

The calculated NSO nonstructural setback overlay district distance may be modified upon submittal by an applicant or property owner of acceptable engineering analyses which indicate that the actual bluff recession rate is different than as set forth in SEWRPC Community Assistance Planning Report No. 86, that the required distance for a stable slope is different, or that the height of the bluff is different than the height presented in the report.

(Code 1975, § 7.0311)

The following uses are permitted in the NSO nonstructural setback overlay district:

(1)

Principal uses. General farming activities, not including the erection of structures; open space, outdoor recreation; yard; storage of portable equipment and supplies; accessory buildings such as storage sheds; and minor structures such as driveways, sidewalks, patios and fences.

(2)

Conditional uses. Tree cutting and shrubbery clearing, land disturbance and earth movements, shore protection structures, and the placement of structures or buildings which may be relocated at a cost not to exceed 30 percent of the equalized value of the structure. See section 20-1291 et seq.

(Code 1975, § 7.0311)

New, permanent residential, institutional, commercial, industrial and agricultural structures designed for human habitation or the confinement of animals are prohibited in the NSO nonstructural setback overlay district.

(Code 1975, § 7.0311)

The SWO shoreland-wetland overlay district is intended to be used to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, to preserve shore cover and natural beauty and to control building and development in wetlands whenever possible. When development is permitted in a wetland, the development should occur in a manner that minimizes adverse impacts upon the wetland.

(Ord. No. 86-17, § 7.0311, 7-22-86)

The following uses are permitted in the SWO shoreland-wetland overlay district, subject to general shoreland zoning regulations contained in this chapter, the provisions of W.S.A. chs. 30, 31, 281.36 and 281.37, and the provisions of other applicable local, state and federal laws:

(1)

Principal uses.

a.

The following uses must be carried out without filling, flooding, draining, dredging, ditching, tiling or excavating; hiking, fishing, trapping, hunting, swimming and boating; the harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops; the practice of silviculture, including the planting, thinning and harvesting of timber; the pasturing of livestock; the cultivation of agricultural crops; and the construction and maintenance of duck blinds.

b.

The following uses may involve filling, flooding, draining, dredging, ditching, tiling or excavating to the extent specifically provided below temporary water level stabilization measures, in the practice of silviculture, which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected; dike and dam construction and ditching for the purpose of growing and harvesting cranberries; ditching, tiling, dredging, excavating or filling done to maintain or repair existing agricultural drainage systems only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use, which includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible; limited excavating and filling necessary for the construction and maintenance of fences for the pasturing of livestock; limited excavating and filling necessary for the construction and maintenance of piers, docks and walkways built on pilings; limited excavating and filling necessary for the maintenance, repair, replacement and reconstruction of existing town and county highways; and the maintenance and repair of existing town and county bridges. A zoning permit is not required for the preceding uses.

(2)

Conditional uses.

a.

The construction and maintenance of roads which are necessary to conduct silvicultural activities or are necessary for agricultural cultivation, provided that:

1.

The road cannot, as a practical matter, be located outside the wetland; and

2.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland as enumerated in 20-167(b) and meets the following standards:

i.

The road shall be designed and constructed as a single lane roadway with only such depth and width necessary to accommodate the machinery required to conduct agricultural and silvicultural activities;

ii.

Road construction activities are to be carried out in the immediate area of the roadbed only; and

iii.

Any filling, flooding, draining, dredging, ditching, tiling or excavating that is to be done must be necessary for the construction or maintenance of the road.

b.

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows or other wetland or aquatic animals or used solely for some other purpose which is compatible with shoreland-wetland preservation, if such building cannot as a practical matter be located outside the wetland, provided that:

1.

Any such building does not exceed five hundred (500) square feet in floor area; and

2.

Only limited excavating and filling necessary to provide structure support for the building is allowed.

c.

The establishment and development of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur and animal farms, shooting preserves, public boat launching ramps and access roads used in conjunction with a public boat launching ramp, provided that:

1.

Any private recreation or wildlife habitat area must be used exclusively for that purpose and the applicant has received a permit or license under W.S.A ch. 29 where applicable.

2.

Filling and excavating necessary for the construction and maintenance of public boat launching ramps and access roads is allowed only where such construction meets the criteria listed for roads to service silvicultural and;

3.

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game bird and animal farms, fur animal farms, private wildlife habitat areas, and shooting preserves, but only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

4.

Open space cannot contain buildings. Public use must meet W.S.A., § 91.46(5) and any private parks or shooting preserves must meet W.S.A., § 91.01(1).

d.

The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members, provided that:

1.

The transmission and distribution lines and related facilities cannot as a practical matter be located outside the wetland; and

2.

Any filling, excavating, ditching or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands as enumerated in 20-167(b); and

3.

Utilities must meet W.S.A. § 91.46(1)(f).

e.

The construction and maintenance of railroad lines, provided that:

1.

The railroad lines cannot as a practical matter be located outside the wetland; and

2.

Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland as enumerated in 20-167(b); and the replacement and/or reconstruction of existing town and county bridges; and

3.

Transportation uses must meet W.S.A., § 91.46(4).

f.

Such conditional uses require the issuance of a zoning permit which may be approved under section 20-1181 or 20-1182.

(Ord. No. 86-17, § 7.0311, 7-22-86; Ord. No. 2015-90, 12-15-15; Ord. No. 2020-110, 4-13-21)

Any use that is not listed as a principal or conditional use is prohibited in the SWO shoreland-wetland overlay district, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with W.S.A., § 59.97(5)(e), Chapter NR115, Wisconsin Administrative Code and section 20-167.

(Ord. No. 86-17, § 7.0311, 7-22-86)

(a)

To afford protection against danger to health. Safety and welfare, and protection against pollution of the adjacent body of water, the following minimum lot sizes shall be stablished in the shoreland area:

(1)

For each sewered lot, the minimum lot area shall be ten thousand (10,000) square feet and the minimum average lot width shall be sixty-five (65) feet.

(2)

For each unsewered lot, the minimum lot area shall be twenty thousand (20,000) square feet and the minimum average lot width shall be one hundred (100) feet.

(b)

To protect and preserve wildlife habitat and natural scenic beauty, the county shall not permit any construction that results in a structure taller than thirty-five (35) feet within seventy-five (75) feet of the ordinary high-water mark of any navigable waters.

(Ord. No. 2020-110, 4-13-21)

The PUD planned unit development overlay district, set forth in this division, is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning and diversified location of structures. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic, to provide attractive recreation and open spaces as integral parts of the developments, to enable economic design in the location of public and private utilities and community facilities, and to ensure adequate standards of construction and planning. The PUD overlay district under this division will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic zoning district. The unified and planned development of a site in a single or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in W.S.A., ch. 703 (condominiums), may be permitted by the board of supervisors upon specific petition under this division and after public hearing, with such development encompassing one (1) or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this division have been met.

(Ord. No. 90-131, § 7.0313(A), 10-7-90)

So to ensure a maximum benefit to both the community and to developers and so as to provide for flexibility in planning in all the districts created under this division except for the A-1, A-2, A-3, A-4, R-1, R-2, P-1, P-2, C-1, M-4, FFO, APO, SSO, NSO and SWO districts, there is hereby created the planned unit development overlay district (PUD). Note: While PUDs may not consist entirely of wetlands or floodplains, portions of a development may contain such features. Any parcel where the building site lies in whole or in part within the primary environmental corridor shall not be considered for PUD until such time as the primary environmental corridor has been removed from the sites.

(Ord. No. 90-131, § 7.0313(B), 10-7-90; Ord. No. 2011-131S, 4-10-12)

To permit smaller non-riparian lots where the physical layout of the lots is so arranged as to better assure the control of pollution and preservation of ground cover than would be expected if the lots were developed with the normal lot sizes and setbacks and without special conditions placed upon the planned residential unit development at the time of its approval. A condition of all planned residential unit development is the preservation of certain open space, preferably on the shoreland, in perpetuity.

(Ord. No. 2020-110, 4-13-21)

The county board may at its discretion, upon its own motion or upon petition, approve a planned residential unit development overlay district upon finding, after a public hearing, that all of the following facts exist:

(1)

The area proposed for the planned residential unit development shall be at least two (2) acres in size or have a minimum of two hundred (200) feet of frontage on navigable water,

(2)

Any proposed lot in the planned residential unit development that does not meet the minimum size standards of section 20-969 shall be a non-riparian lot.

(3)

When considering approval of a planned residential unit development the governing body shall consider whether proposed lot sizes, widths, and setbacks are of adequate size and distance to prevent pollution or erosion along streets or other public ways and waterways. Increased shoreland setbacks shall be in a condition of approval as a way of minimizing adverse impacts of development, Shore cover provisions in section 20-1037 shall apply except that maximum width of a lake frontage opening shall be one hundred (100) feet and minimum vegetative buffer depth shall be increased to offset the impact of the proposed development.

(Ord. No. 2020-110, 4-13-21)

Principal, accessory and conditional uses permitted in a planned unit development overlay district shall conform to uses permitted in the underlying basic use district. Individual structures shall comply with the specific building area and height requirements of the underlying basic use district. All open space and parking requirements of the underlying basic use district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one (1) or more locations within the development.

(Ord. No. 90-131, § 7.0313(C), 10-7-90)

Areas designated as PUD overlay districts shall be under single or corporate ownership at the time of their creation.

(Ord. No. 90-131, § 7.0313(D), 10-7-90)

Areas designed as PUD overlay districts shall contain a minimum development area of:

(Ord. No. 90-131, § 7.0313(E), 10-7-90)

All planned unit developments shall be on a public sanitary sewer system.

(Ord. No. 90-131, § 7.0313(F), 10-7-90)

Prior to the official submission of the petition for the approval of a planned unit development overlay district, the owner or his agent making such petition shall meet at the county economic development and land use planning committee office and the designated representative of the town wherein the planned unit development is to be located to discuss the scope and proposed nature of the contemplated development and data and other information as deemed appropriate and pertinent for presentation to the committee. At the prepetition conference, the owner or agent shall present a general layout conceptual plan including drawings and sketches of the proposed development and figures or calculations that are pertinent to the development using as a general guideline the requirements set forth in section 20-977(2).

(Ord. No. 90-131, § 7.0313(G), 10-7-90; Ord. No. 2020-110, 4-13-21)

Following the prepetition conference, the owner or his agent may file a petition with the economic development and land use planning committee office for approval of a planned unit development overlay district. Such petition shall be accompanied by the required review fee as well as the following information:

(1)

A statement which sets forth the relationship of the proposed planned unit development to any existing or proposed master plans or any adopted component thereof, and the general character of the uses to be included in the proposed planned unit development including the following information:

a.

Total area to be included in the planned unit development, area of open space (minimum required is twenty (20) percent of total area), residential density computations, proposed number of dwelling units, population analysis, availability of, or requirements for, municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

b.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features of common open spaces.

c.

A general outline of the organizational structure of a property owner's association which may be proposed to be established for the purpose of providing any necessary private services or maintenance of common open spaces.

d.

Any proposed departures from the standards of development as set forth in the county zoning regulations, other county regulations or administrative rules, or other county or town ordinances.

e.

The expected date of commencement, schedule of development by phases, and completion of physical development as set forth in the proposal.

(2)

A detailed development site plan including:

a.

A survey and legal description of the boundaries of the subject property included in the proposed planned unit development and its relationship to surrounding properties prepared by a land surveyor registered by the state.

b.

The location of public and private roads, driveways, and parking facilities.

c.

The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.

d.

The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.

e.

The type, size, and location of all structures.

f.

General landscape treatment.

g.

Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of the proposed structures.

h.

The existing and proposed location of public sanitary sewer and water supply facilities.

i.

The existing and proposed location of all private utilities or other easements.

j.

The characteristics of soils related to contemplated specific uses.

k.

Existing topography on the site with contours at no greater than two-foot intervals.

l.

Detailed stormwater drainage plans prepared by a professional engineer registered by the state.

m.

Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.

n.

Any other data or information requested at the prepetition conference.

(Ord. No. 90-131, § 7.0313(H), 10-7-90; Ord. No. 2020-110, 4-13-21)

The petition and detailed site plan for a planned unit development overlay district shall be referred to the town board of the town wherein the proposed planned unit development is to be located for its review and recommendation, which may include any additional conditions or restrictions which it may deem necessary or appropriate. Following such review, the petition and recommendation shall be forwarded to the county economic development and land use planning committee for similar review and recommendations.

(Ord. No. 90-131, § 7.0313(I), 10-7-90; Ord. No. 2020-110, 4-13-21)

Editor's note— Ord. No. 2020-110, adopted April 13, 2021 amended § 20-978 and in doing so changed the title of said section from "Referral to town board and planning and development committee" to "Referral to town board and economic development and land use planning committee," as set out herein.

The economic development and land use planning committee before formulating its recommendations to the board of supervisors shall hold a public hearing pursuant to the requirements of section 20-144. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned unit development overlay district.

(Ord. No. 90-131, § 7.0313(J), 10-7-90; Ord. No. 2020-110, 4-13-21)

The economic development and land use planning committee in making its recommendation to the board of supervisors and the board of supervisors in making its determination shall find that:

(1)

The petitioners for the proposed planned unit development overlay district have indicated that they intend to begin the physical development of the planned unit development within twelve (12) months following the approval of the petition and the development will be carried out according to a reasonable construction schedule satisfactory to the county.

(2)

The proposed planned unit development overlay district is consistent in all respects to the purpose of this section and to the spirit and intent of this division, is in conformity with any existing or proposed adopted master plans or any adopted components thereof, and that the development would not be contrary to the general welfare and economic prosperity of the community.

(3)

The economic development and land use planning committee in making its recommendations and the board of supervisors in making its determination shall further find that:

a.

The proposed site is provided with adequate drainage facilities for surface waters and stormwaters.

b.

The proposed site is accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

c.

No undue constraint or burden will be imposed on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas by the proposed development.

d.

The streets and driveways on the site of the proposed development are adequate to serve the proposed development and to meet the minimum standards of all applicable ordinances or administrative regulations of the county or town, whichever is more restrictive.

e.

Centralized public sewer facilities are provided; centralized public water is desired.

f.

The entire tract or parcel of land to be included in a planned unit development overlay district is held under single ownership, or, if there is more than one (1) owner, the petition for such planned unit development overlay district is considered as one (1) tract, lot or parcel and the legal description defines such planned unit development as a single parcel, lot or tract and is jointly petitioned by the several owners. This requirement shall not be deemed to prevent further divisions of the land after creation of the planned unit development.

(4)

That in the case of a proposed residential planned unit development overlay district:

a.

Such development creates an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreational space, and coordination with overall plans for the county and the town wherein the planned unit development is to be located.

b.

The following table has been used and complied with for the following districts in determining the density of a development or site. In no case shall the density of a development or site exceed the net residential density of its neighborhood based on the regional plan or county plan.

  *Two (2) or more bedrooms per unit.

 **One-bedroom units.

***Efficiency units.

c.

The residential planned unit development project is limited to development types set forth as follows:

1.

Cluster developments and detached condominiums are permitted in the R-2S, R-3 and R-3A districts.

2.

Cluster developments, attached single-family dwellings, townhouses, and condominiums are permitted in the R-4, R-5, R-5A and R-6 districts but shall not exceed two (2) dwelling units per structure.

3.

Cluster developments, townhouses, and condominiums are permitted in the R-7 district. The number of units per structure and the precise location of any such buildings shall be determined by the town and the county on a site specific basis.

d.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

e.

Provision has been made for adequate, continuing fire and police protection.

f.

The population composition of the development will not have an adverse effect upon the individual town's capacity to provide needed school or other municipal service facilities.

g.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

(5)

That in the case of a proposed commercial planned unit development overlay district:

a.

The economic practicality of the proposed development can be justified.

b.

The proposed development will be adequately served by off-street parking and truck service facilities.

c.

The proposed development is adequately provided with and does not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas.

d.

The location for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

e.

The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood or area.

(6)

That in the case of a proposed industrial planned unit development overlay district:

a.

The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.

b.

The proposed development will be adequately provided with and will not impose any undue burden on public services and facilities, such as, but not limited to, fire and police protection, street maintenance, and maintenance of public areas.

c.

The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

d.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(Ord. No. 90-131, § 7.0313(K), 10-7-90; Ord. No. 2020-110, 4-13-21)

The board of supervisors, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. The approval of a planned unit development overlay district shall be based upon and include as conditions thereto adherence to the building, site, and operational plans for the development as approved by the board of supervisors. The above described conditions shall be recorded with the deeds to the parcels.

(Ord. No. 90-131, § 7.0313(L), 10-7-90)

Any subsequent change or addition to the plans or uses shall first be submitted for approval to the designated town board and the economic development and land use planning committee and, if in the opinion of either, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the economic development and land use planning committee shall be required and notice thereof shall be given pursuant to the provisions of section 20-144, and the proposed alterations shall be submitted to the board of supervisors for approval. Any change in ownership, contractor, or other responsible party during the course of construction shall only be made with the full knowledge of the board of supervisors.

(Ord. No. 90-131, § 7.0313(M), 10-7-90; Ord. No. 2020-110, 4-13-21)

The division of any land within a planned unit development overlay district for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the county and the individual town.

(Ord. No. 90-131, § 7.0313(N), 10-7-90)

If no substantial construction has commenced or no use established in the planned unit development district within the time schedule which addresses construction commencement and construction completion submitted to the board of supervisors, the county economic development and land use planning committee office shall petition the board of supervisors for the purpose of rescinding the planned unit development overlay designation so as to allow the land in question to revert to its underlying zone. The procedures set forth in section 20-122, relating to the amendment of this chapter, shall be adhered to in its discretion and, for good cause, the board of supervisors may extend for a reasonable period of time, not to exceed one (1) year, the period for the beginning of construction or the establishment of a use. If the planned unit development overlay district is rescinded, the economic development and land use planning committee office shall remove the district from the official zoning map. Those zoning regulations applicable before the creation of the district shall then be in effect and no vested rights in the planned unit development overlay district shall be deemed to have accrued.

(Ord. No. 90-131, § 7.0313(O), 10-7-90; Ord. No. 2020-110, 4-13-21)

It shall be unlawful to construct, develop or use any structure or develop or use any land, water or air in violation of any provisions or conditions of a planned unit development approval or order of the planning and development committee regarding compliance with conditions of approval. In case of any violation, the board of supervisors, the corporation counsel, the planning and development director, the planning and development committee, any municipality, or any owner of real estate within the district affected who would be specifically damaged by such violation may institute appropriate legal action or proceedings to enjoin a violation of the conditions or provisions of planned unit development approval, or seek abatement or removal. In addition, those actions commenced on behalf of the county may seek a forfeiture or penalty as outlined elsewhere in this division.

(Ord. No. 90-131, § 7.0313(P), 10-7-90)