This ordinance is adopted under the authority granted by Wis. Stats. §§ 59.69, 59.692, 59.694, 87.30, 91 and § 281.31 and amendments thereto. The Board of Supervisors of the County of Walworth, Wisconsin, do ordain as follows:

(Ord. No. 879-09/14, pt. XV, 9-4-14)

This zoning ordinance shall be known as, referred to, and cited as the "Shoreland/Floodplain Zoning Ordinance, Walworth County, Wisconsin" and hereinafter referred to as the "ordinance."

(Ord. No. 575-09/09, pt. VI, 9-8-09)

The purpose of this ordinance is to promote the comfort, health, safety, prosperity, aesthetics, and general welfare of the County and its communities and to protect the shoreland, natural and agricultural resources and environmental corridors, as identified and mapped in the County Land Use Plan, the Farmland Preservation Plan, the Regional Natural Areas and Critical Species Habitat Protection and Management Plan for Southeastern Wisconsin, the County Park and Open Space Plan, and/or on the County Zoning Map.

Further purposes include the maintenance of safe and healthful conditions, prevent and control water pollution, protect spawning grounds, fish and aquatic life, control building sites, placement of structures and land uses, and to preserve shore cover and natural beauty and the purpose of utilizing conservation development design to encourage restoration of previously drained wetlands, reforesting former woodlands, replanting native species of grasses and wildflowers in reclaimed prairies, and utilizing storm water management strategies to replenish aquifers and to recharge groundwater supplies through infiltration measures, and to minimize surface runoff, wherever feasible.

In addition, conservation development design is recognized as a practical tool to help protect interconnected networks of open space, to protect water resources, to sustain a diversity of native vegetation and wildlife, and to help establish substantial buffers along scenic roadways, existing protected land, and actively-worked farmland.

(Amd. of 7-13-04; Ord. No. 684-08/11, pt. III, 8-9-11; Ord. No. 879-09/14, pt. XVI, 9-4-14; Ord. No. 1000-09/16, pt. I, 9-6-16)

It is the general intent of this ordinance to:

(1)

Regulate the use of all structures, lands, and waters within the shoreland areas of Walworth County;

(2)

Regulate lot coverage, population density and distribution, and the location and size of all structures within the shoreland areas of Walworth County;

(3)

Secure safety from fire, flooding, panic and other dangers;

(4)

Provide adequate light, air, sanitation, and drainage;

(5)

Further the appropriate use of land and conservation of natural resources;

(6)

Obtain the wise use, conservation, development, and protection of the County's water, soil, wetland, woodland, and wildlife resources and attain a balance between land uses and the ability of the natural resource base to support and sustain such uses;

(7)

Prevent overcrowding and avoid undue population concentration and urban sprawl;

(8)

Stabilize and protect the natural beauty and property values of the County;

(9)

Lessen congestion in and promote the safety and efficiency of the streets and highways;

(10)

Facilitate the adequate provision of public facilities and utilities;

(11)

Preserve natural growth and cover and promote the natural beauty of the County;

(12)

Implement those municipal, County, watershed, or regional comprehensive plans or their components adopted by the County;

(13)

Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.

(14)

To preserve the beauty and rural character of the County through the permanent preservation of meaningful open space and sensitive natural resources;

(15)

To preserve prime agricultural land by concentrating housing on lands that have low agricultural potential;

(16)

To provide commonly-owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community;

(17)

To provide a diversity of lot sizes, housing choices and building densities to accommodate a variety of age and income groups;

(18)

To provide buffering between residential development and non-residential uses;

(19)

To meet demand for housing in a rural setting;

(20)

To provide an opportunity to create an interconnected network of protected lands;

(21)

To protect the quality and abundance of ground water resources; and

(22)

To protect and restore environmentally sensitive areas, biological diversity, minimize disturbance to existing vegetation, and maintain environmental corridors.

Additionally, it is intended to provide for the administration and enforcement of this ordinance and to provide penalties for its violation.

(Amd. of 7-13-04; Ord. No. 591-12/09, pt. XXXIII, 12-15-09)

Except for the provisions of any ordinance enacted under Wis. Stats. §§ 59.69, 59.69(7), 59.692, 59.694 or 87.30, relating to shorelands and floodplains which are hereby superseded, it is not intended that this ordinance repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, wherever this ordinance imposes greater restrictions, the provisions of this ordinance shall govern if adopted under a statute other than Wis. Stats. § 59.692. This ordinance also establishes standards to regulate matters that are not regulated in NR 115, but that further the purposes of shoreland zoning.

(Ord. No. 575-09/09, pt. VII, 9-8-09; Ord. No. 1000-09/16, pt. II, 9-6-16)

In their interpretation and application, the provisions of this ordinance shall be liberally construed in favor of the County and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes. This ordinance shall be interpreted and applied in its entirety and shall be consistent with the purpose and intent of this ordinance. Where a provision of this ordinance is required by a statute and standard in chapters NR 115 and NR 116, Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of statute and the chapters NR 115 and NR 116 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.

(Ord. of 6-11-02; Ord. No. 575-09/09, pt. VIII, 9-8-09; Ord. No. 1000-09/16, pt. III, 9-6-16)

If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. This ordinance does not imply or guarantee that non floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance shall not create a liability on the part of, or a cause of action against, the County or any office or employee thereof for any damages that may result from reliance on this ordinance.

(Ord. of 6-11-02; Ord. No. 575-09/09, pt. IX, 9-8-09)

All prior County ordinances, or parts of ordinances and amendments thereto conflicting with this ordinance, are hereby repealed and superseded by this ordinance.

All other ordinances enacted by the County under section 59.69, 59.692, 59.694, 87.30, and 281.31 relating to floodlands and shorelands, including the "Shoreland Zoning Ordinance for Walworth County" adopted by the Board of Supervisors on January 12, 1971, are hereby repealed and superseded by this ordinance.

This ordinance shall be effective after a public hearing, recommendation by the County Zoning Agency, and hereafter referred to as Committee; adoption by the County Board of Supervisors; and publication or posting as provided by law.

(Ord. of 6-11-02; Amd. of 4-22-04; Ord. No. 575-09/09, pt. X, 9-8-09; Ord. No. 1000-09/16, pt. IV, 9-6-16)

The proper regulation of the use of certain structures, lands and waters only through the use of the zoning districts contained within this ordinance, is neither feasible nor adequate. Therefore, the following regulations, which shall be applied in addition to the district regulations, are necessary to accomplish the intent of this ordinance.

The provisions of this ordinance shall apply to all structures, land, water and air within the unincorporated areas of Walworth County, Wisconsin.

Unless specifically exempted by law, all cities, villages, towns, counties and State are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies. The construction, reconstruction, maintenance and repair of State highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stats. § 30.2022 applies. Shoreland zoning requirements in annexed or incorporated areas are provided in Wis. Stats. §§ 61.353 and 62.233.

(Ord. No. 575-09/09, pt. XI, 9-8-09; Ord. No. 1000-09/16, pt. V, 9-6-16)

No structure, land, water or air shall hereafter be used or developed, and no structure or part thereof shall hereafter be located, erected, moved, constructed, reconstructed, modified, extended, enlarged, converted, or structurally altered without a zoning permit (unless exempt per Section 74-248) and without full compliance with the provisions of this ordinance and all other applicable local, County, State and Federal regulations. Minor structures may be exempt from the zoning permit process but shall comply fully with the provisions of this ordinance and all other applicable local, County, State and Federal regulations. In addition to the above, any development in a floodplain area shall require a zoning permit.

No lot, yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this ordinance. No part of any lot, yard, parking area, or other space required for a structure or use shall be used to meet the requirements for any other structure or use.

No obstruction shall be permitted in any district above the height of two and one-half feet above the plane through the mean centerline roadway grades within the triangular space formed by any two existing or proposed intersection street or alley right-of-way lines and a line joining points on such lines located 50 feet from their point of intersection.

Nothing herein contained shall require any changes in plans, construction, size or designated use of any building, or part thereof, for which a zoning permit has been issued before the effective date of this ordinance and the construction of which shall have been completed within 24 months from the date of such permit.

The zoning administrator shall accept all applications, issue or deny all zoning permits, investigate all complaints, give notice of violations, and enforce the provisions of this ordinance. All violations of this ordinance shall be reported to the corporation counsel who shall bring action to enforce the provisions of this ordinance.

Access. The zoning administrator and his deputies shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this ordinance. If, however, they are refused entry after presentation of proper identification, they may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.

(Ord. No. 575-09/09, pt. XII, 9-8-09; Ord. No. 591-12/09, pt. XXXIV, 12-15-09; Ord. No. 1000-09/16, pt. VI, 9-6-16; Ord. No. 1049-06/17, pt. XXVIII, 6-13-17; Ord. No. 1265-02/22, pt. I, 2-8-22)

It shall be unlawful to construct, develop, or use any structure, or to develop or use any land, water, or air in violation of any of the provisions of this ordinance. Notice of violation(s) shall include the following information; (a) name of property owner; (b) physical location of violation; (c) section(s) of ordinance violation. No notice shall be required for a subsequent violation of the same rule or regulation and penalties begin immediately upon any subsequent violations of this notice. In case of any violation, the County Board of Supervisors, the zoning Administrator, the Committee, any municipality, or any owner of real estate within the district affected who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this ordinance.

(Ord. No. 1000-09/16, pt. VII, 9-6-16; Ord. No. 1049-06/17, pt. XXIX, 6-13-17)

Editor's note— Ord. No. 1000-09/16, pt. VII, adopted September 6, 2016, amended the Code by renumbering former § 74-173 as a new § 74-163. Further, Ord. No. 1000-09/16, pt. IX renumbered former 74-163 as a new § 74-165.

Any person, firm, or corporation who fails to comply with the provisions of this ordinance, except floodplain, or any order of the County Zoning Administrator issued in accordance with this ordinance shall, upon conviction thereof, forfeit not less than $100.00 nor more than $1,000.00 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be enforced pursuant to Wis. Stats. § 59.69(11).

Any person, firm, or corporation who fails to comply with the floodplain provisions of this ordinance or any order of the County Zoning Administrator issued in accordance with this ordinance shall, upon conviction thereof, forfeit not more than $50.00 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be enforced pursuant to Wis. Stats. § 87.30.

(Amd. of 5-10-05; Ord. No. 591-12/09, pt. XI, 12-15-09; Ord. No. 875-07/14, pt. III, 7-28-14; Ord. No. 1000-09/16, pt. VIII, 9-6-16)

Editor's note— Ord. No. 1000-09/16, pt. VIII, adopted September 6, 2016, amended the Code by renumbering former § 74-174 as a new § 74-164. Further, Ord. No. 1000-09/16, pt. X renumbered former 74-164 as a new § 74-166.

Principal uses and their essential principal services specified for a district are permitted uses within the district:

(1)

Principal uses specified for a district.

(2)

Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Uses accessory to residential district developments shall not involve the conduct of any business, trade or industry except for home occupations, minor home occupations and professional home office as defined and permitted herein. An accessory structure cannot contain a separate dwelling unit.

Accessory structure, size, height and locational requirements. The size (square footage at ground floor elevation) of accessory structures shall be based on lot area. The lot area shall be considered the net area less areas zoned C-1 and C-4.

The total accessory structure floor area shall be calculated as follows:

Parcel from 0 to 12,000 square foot is limited to 10% of lot area in accessory structures;

Parcel 12,001 sq. ft. to 40,000 sq. ft. is limited to 1,650 sq. ft. of accessory structures;

Parcel 40,001 sq. ft. to 1.99 acres is limited to 2,150 sq. ft. of accessory structures;

Parcel 2 acres to 2.99 acres is limited to 2,650 sq. ft. of accessory structures;

Parcel 3 acres to 3.99 acres is limited to 3,150 sq. ft. of accessory structures;

Parcel 4 acres to 4.99 acres is limited to 3,650 sq. ft. of accessory structures;

Parcel 5 acres or more is limited to 2% of lot area in accessory structures.

The height and location of accessory structures shall be as follows:

Accessory structures are permitted in the rear and side yards of all lots, and in the street yards of waterfront lots, flag lots, through lots, corner lots and lots of one acre or more in size. When located in the side yard and the street yard, they shall not be closer than the minimum required side yard, rear yard and street yard setback. Only boathouses, boat hoists, piers and those structures permitted in Wis. Stats. § 59.692(1v) shall be permitted in the shoreyard.

Accessory structures 1,200 square feet or less in size shall not exceed 17 feet in height, and accessory structures 1,201 square feet to 1,650 square feet in size shall not exceed 20 feet in height. When located in the side yard they shall conform to the setbacks required by the zone district and/or division 7 of this article. When located in the street yard, they shall not be closer than the minimum required side yard, rear yard and street yard setback except an alley which shall be at least five feet. When located in the street yard on waterfront lots, they shall not be located closer than three feet to the lot line, five feet to an alley line, nor ten feet to the road right-of-way. When located in the rear yard they shall conform to the street setbacks required by the zone district and/or division 7 of this article and not be located closer than three feet to the lot line.

Accessory structures greater than 1,650 square feet shall not exceed 25 feet in height, and shall maintain the setbacks required by the zone district for the principal structure.

The above size, height, and locational requirements are applicable to accessory structures used for residential purposes in all zone districts where they are a permitted or conditional use. The requirements are not applicable to boathouses, accessory structures used for agricultural purposes in the A-1, A-2, and A-3 districts nor for accessory structures used for business, industrial, public, or recreational purposes.

(3)

Fences. No fence shall be permitted in any district above the height of two and one-half feet above the plane through the mean centerline roadway grades within the triangular space formed by any two existing or proposed intersection street or alley right-of-way lines and a line joining points on such lines located 50 feet from their point of intersection.

Fences are permitted on the property lines, but shall not in any case exceed a height of six feet in the side and rear yards; shall not exceed a height of six feet in the street yard and shall not be closer than two feet to any existing right-of-way.

In the shoreyard, fences are required to meet the shoreyard setback except as specified in subsection 74-174.B).3.h.

Fences along freeways are permitted on the property lines but shall not exceed a height of ten feet.

Entrance pillars may be permitted on either side of the driveway/ access to the lot provided the pillars shall not be closer than two feet to any right of way, shall not exceed two feet in width and shall not exceed six feet in height.

Security fences more than six feet in height of an open type similar to woven wire or wrought iron, are permitted on the property lines in all districts except residential and conservation districts, but shall not exceed ten feet in height and shall not be closer than two feet to any existing public right-of-way.

Screening fences of a closed type may be permitted in all business, industrial and park districts provided it does not exceed ten feet in height, and shall not be closer than 25 feet to any right-of-way and ten feet to a property line (except salvage yards - see division 4).

Agricultural fences in agricultural and conservation districts are regulated under Wis. Stats. ch. 90.

(4)

Conditional uses and their accessory uses may be permitted in specified districts after review, public hearing, and approval by the Committee in accordance with procedures and standards established in division 4 of this article.

(5)

Principal uses not specified in this section may be permitted by the Board of Adjustment after the Committee has made a review and written recommendation and provided that such uses are similar in character to the permitted uses in the district.

(6)

Conditional uses not specified in this ordinance may be permitted by the Board of Adjustment after the Committee has made a review and written recommendation and provided that such uses are similar in character to the conditional uses in the district.

(7)

Special exceptions may be permitted by the Board of Adjustment for a structure that would otherwise not be permitted by ordinance so that a disabled person may enter or exit a residence on the property or gain access to a pier, as provided for under division 10 of this ordinance.

a.

For a structure that would otherwise not be permitted by ordinance so that a disabled person may enter or exit a residence on the property or gain access to a pier, as provided for under division 10 of this ordinance.

b.

For an existing substandard structure's yard requirements in accordance with 74-240.

(8)

Temporary uses, such as shelters for materials and equipment being used in the construction of a permanent structure and temporary living quarters beyond that permitted in (9), may be permitted by the Board of Adjustment, as provided for under section 74-111 of this chapter.

(9)

Temporary living quarters while constructing a new single family residence is permitted in any district that permits a single family residence as a principal use provided all of the following minimum requirements are met:

a.

Approval is limited to 18 months or occupancy, whichever comes first with the removal of the temporary living quarters within 60 days of occupancy of the new single family residence.

b.

Signed and notarized agreement to abate temporary quarters, on forms provided by the Zoning Administrator, to be recorded in the Register of Deeds office.

c.

Shall be required to meet district setback requirements.

d.

Shall have an issued zoning permit for the new single family residence.

e.

Shall comply with well and sanitary regulations.

(10)

Performance standards listed in division 8 shall be complied with by all uses in all districts, except where specifically exempted in division 8.

(11)

Food trucks are permitted as a residential accessory use without a permit and subject to the following conditions:

a.

The food truck serves only guests of a customary residential gathering such as a family reunion, wedding anniversary, graduation party, or auction.

b.

The food truck hours are limited to the hours of 9:00 a.m. to 11:00 p.m.

c.

Parcels of less than one-half acre shall be limited to one food truck; parcels of one-half acre to one acre shall be allowed two food trucks; and parcels over one acre shall be allowed three food trucks.

d.

Food truck use shall be limited in frequency to once in any 90 day period or no more than twice in one year.

(12)

Food trucks are permitted as an accessory use without a permit for community events organized by a municipality.

(13)

Minor home occupation/ professional home office. A minor home occupation/professional home office shall include such uses as a home office, data processing, telephone answering, direct sale product distribution (Amway, Tupperware, Avon, Shaklee, etc.), dressmaking, sewing, tailoring, contractor sewing machine, jewelry making, typing/word processing, tutoring, music lessons, and computer programming.

In addition to any other applicable use, site or sanitary regulations, the following restrictions and regulations shall apply to minor home occupations/professional home office:

a.

Be limited to the principal structure.

b.

Shall not exceed 25 percent of the area of any floor.

c.

Shall be incidental and secondary to the principal use of the residence.

d.

No outside storage.

e.

Shall be limited to the resident(s) of the parcel.

f.

Shall be no employees on the parcel or employee vehicles except for resident and residents vehicles.

g.

No on-site retail sales or display areas.

h.

Deliveries—limited to typical residential deliveries.

i.

Parking—sufficient on-premises parking to handle activity.

j.

One business vehicle (Pickup truck, truck, commercial trailer, cargo van with a gross vehicle weight of 10,000 pounds or less is permitted on the parcel which is licensed as a truck and is used to transport property or equipment for business purposes.) For the purposes of this section, a commercial pickup truck is defined as any open or enclosed cargo bed truck commonly referred to as a mini, ½, ¾, or one-ton pick-up with no more than six rubber tires. A commercial cargo van truck is defined as any motor vehicle commonly referred to as mini-vans, cargo vans, commercial vans, or panel truck with no more than six rubber road tires.

k.

Signage limited to two square feet.

l.

No use or storage of hazardous material or chemicals.

m.

No alterations to the dwelling necessary for the purpose of supporting the home occupation such as a second kitchen, special equipment, additional plumbing, additional cooling/heating, or additional furnishings that are not typical for residential use.

n.

No exterior entryways separate from entryways to serve the dwelling shall be created and/or provided solely for the conduct of the home business.

o.

More than one minor home occupation may operate in a residence provided the employee is a resident of the parcel, and the total use is limited to 25 percent as if one.

(Ord. of 6-11-02; Amd. of 4-19-05; Ord. No. 353-04/06, pt. VI, 4-20-06; Ord. No. 428-04/07, pt. IV, 4-17-07; Ord. No. 445-07/07, pt. II, 7-10-07; Ord. No. 474-01/08, pt. I, 1-8-08; Ord. No. 560-06/09, pt. V, 6-9-09; Ord. No. 591-12/09, pts. X, XXXV, 12-15-09; Ord. No. 613-05/10, pt. V, 5-11-10; Ord. No. 686-08/11, pt. II, 8-9-11; Ord. No. 1000-09/16, pt. IX, 9-6-16; Ord. No. 1049-06/17, pt. XXX, 6-13-17; Ord. No. 1171-06/19, pt. XIX, 6-11-19; Ord. No. 1273-05/22, pt. XI, 5-10-22; Ord. No. 1280-07/22, pt. I, 7-12-22)

Editor's note— Ord. No. 1000-09/16, pt. IX, adopted September 6, 2016, amended the Code by renumbering former § 74-163 as a new § 74-165, and renumbering former § 74-172 as a new subsection 74-165(11). Further, Ord. No. 1000-09/16, pt. XI renumbered former 74-165 as a new § 74-167.

All lots shall abut upon a public street or other officially approved right-of-way for a frontage of at least 50 feet; all principal structures shall be located on a lot; and except in the A-1, A-2, A-3, P-1, P-2, R-4, R-5, R-6, R-8, & B-5 Districts or as otherwise provided for in this ordinance as a planned residential development or a planned unit development, only one principal structure shall be located, erected, or moved onto a lot.

No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

Width and area of all lots not served by a public sanitary sewerage system or other approved system shall be sufficient to permit the use of a private onsite wastewater treatment system (POWTS) designed in accordance with the County sanitary ordinance.

The width of all lots which have soils suitable for the use of a private onsite wastewater treatment system shall not be less than 150 feet and the area of all such lots shall not be less than 40,000 square feet per dwelling unit to be constructed on the lot.

The width and area of all lots shall meet each of the minimum district requirements. A road/street separates a parcel of land provided there is at least 150 feet in lot width, 40,000 square feet in lot area and 50 feet of frontage on an officially approved way.

Maintenance easements for the purpose of providing limited right of vehicle ingress/egress to unmanned uses such as utilities, dams, cell towers, renewable energy, sanitary sewers, etc. necessary to provide a needed public service are permitted to be reduced to a 15-foot wide easement. The 15-foot wide maintenance easement shall be a limited access easement to facilitate repairs and maintenance only. The limited access easement shall be of adequate soil conditions or surfacing to withstand loads produced by standard equipment and provide limited ingress and egress connecting to a street or other officially approved way.

All land divisions which encompass divisions resulting in parcels of land less than 35 acres which are not otherwise controlled by the County subdivision control ordinance, shall be subject to a review process under this ordinance. The review process shall also include the sale or exchange of parcels or portions thereof of land between owners of adjoining property to assure additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this ordinance or other applicable laws or ordinances. The review process shall use the appropriate application form and an instrument prepared by a registered land surveyor licensed in the State.

(Amd. of 5-10-05; Ord. No. 391-10/06, pt. II, 10-10-06; Ord. No. 428-04/07, pt. V, 4-17-07; Ord. No. 472-12/07, pt. II, 12-11-07; Ord. No. 591-12/09, pt. XXXVI, 12-15-09; Ord. No. 1000-09/16, pt. X, 9-6-16)

Editor's note— Ord. No. 1000-09/16, pt. X, adopted September 6, 2016, amended the Code by renumbering former § 74-164 as a new § 74-166. Further, Ord. No. 1000-09/16, pt. XVII renumbered former 74-166 as a new § 74-173.

No private onsite wastewater treatment system or parts thereof shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or their use changed without a sanitary permit and without full compliance with the County sanitary ordinance. In the floodplain, a new private sewage system is prohibited but replacement sewage systems are permitted if there is no practicable alternative to locate the system outside the floodplain, the system is floodproofed, and the system is in compliance with SPS 383. Where public water supply systems are not available, private well construction shall be required to conform to ch. NR 811 and 812, Wisconsin Administrative Code.

(Amd. of 5-10-05; Ord. No. 575-09/09, pt. XIII, 9-8-09; Ord. No. 1000-09/16, pt. XI, 9-6-16; Ord. No. 1171-06/19, pt. XX, 6-11-19)

Editor's note— Ord. No. 1000-09/16, pt. XI, adopted September 6, 2016, amended the Code by renumbering former § 74-165 as a new § 74-167. Further, Ord. No. 1000-09/16, pt. XVIII renumbered former 74-167 as a new § 74-174.

No single-family dwelling or two-family dwelling shall be erected or installed in any zoning district unless it meets all of the following:

(1)

Is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1), which meets the standards set forth in subchapters III, IV, and V of Comm. ch. 21, Wisconsin Administrative Code, or is set on a comparable enclosed foundation system approved by the building inspector. In townships that utilize a building officer, that officer shall require a plan approved by a registered architect, registered professional engineer, or certified building inspector to be submitted in order to ascertain that a proposed comparable foundation system provides proper support for the structure.

(2)

Is properly connected to utilities.

(3)

Shall have a minimum width of 22 feet.

(4)

Shall have a core area of living space at least 22 feet by 22 feet in size.

(Ord. of 6-11-02; Amd. of 4-22-04; Ord. No. 1000-09/16, pt. XII, 9-6-16)

Editor's note— Ord. No. 1000-09/16, pt. XII, adopted September 6, 2016, amended the Code by renumbering former § 74-175 as a new § 74-168. Further, Ord. No. 1000-09/16, pt. XIII renumbered former 74-168 as a new § 74-169.

In addition to any other applicable use, site, or sanitary regulation, the following restrictions and regulations shall apply to all lands having slopes of 12 percent or greater as shown on the operational soil survey maps prepared by the U.S. Natural Resource Conservation Service in cooperation with the Southeastern Wisconsin Regional Planning Commission and which are on file with the zoning administrator:

(1)

All construction of public and private roads shall be of sound engineering design and shall be so treated so as to prevent erosion in accordance with the County's conservation standards.

(2)

Tillage and grazing is permitted only if conducted in accordance with the County's conservation standards. Spreading of manure or fertilizer on frozen ground and establishment of feed lots shall be prohibited when such practice would cause direct run-off of pollutants into a drainage way or watercourse.

(3)

Tree cutting and shrubbery clearing for the purpose of changing land use from wildlife or woodlot management shall be conducted in accordance with the County's conservation standards and shall completely prevent erosion and sedimentation and promote the preservation of scenic beauty.

(Ord. No. 591-12/09, pt. VI, 12-15-09; Ord. No. 1000-09/16, pt. XIII, 9-6-16)

Editor's note— Ord. No. 1000-09/16, pt. XIII, adopted September 6, 2016, amended the Code by renumbering former § 74-168 as a new § 74-169. Further, Ord. No. 1000-09/16, pt. XIV renumbered former 74-169 as a new § 74-170.

In addition to any other applicable use, site, or sanitary regulation, the following restrictions and regulations shall apply to the following lands as shown on the operational soil survey maps prepared by the U.S. Natural Resource Conservation Service for the Southeastern Wisconsin Regional Planning Commission and which are on file with the zoning administrator.

Tillage is permitted on the following organic and sandy soils, which soils are subject to wind erosion, only if conducted in accordance with the County's conservation standards.

Tillage and grazing is permitted on all lands having an erosion factor of three only if conducted in accordance with the County's conservation standards.

(Ord. No. 591-12/09, pt. VII, 12-15-09; Ord. No. 1000-09/16, pt. XIV, 9-6-16)

Editor's note— Ord. No. 1000-09/16, pt. XIV, adopted September 6, 2016, amended the Code by renumbering former § 74-169 as a new § 74-170. Further, Ord. No. 1000-09/16, pt. XV renumbered former 74-170 as a new § 74-171.

In addition to any other applicable use, site or sanitary regulations, the following restrictions and regulations shall apply to the following soils as shown on the operational soil survey maps prepared by the U.S. Natural Resource Conservation Service for the Southeastern Wisconsin Regional Planning Commission and which are on file with the Zoning Administrator:

Because of their erodibility and very low agricultural capabilities, tillage is permitted on the following rough, broken, sandy, stony, or escarpment soils only when conducted in accordance with the County's conservation standards:

Farm drainage systems may be installed on the following soils, which soils are subject to a flooding hazard and which have generally unsuitable soil characteristics for an operative drainage system, only if installed in accordance with the County's conservation standards:

Because of very severe limitations for pasturing, grazing is permitted on the following soils only when conducted in accordance with the County's conservation standards:

(Ord. No. 591-12/09, pt. VIII, 12-15-09; Ord. No. 1000-09/16, pt. XV, 9-6-16)

Editor's note— Ord. No. 1000-09/16, pt. XV, adopted September 6, 2016, amended the Code by renumbering former § 74-170 as a new § 74-171. Further, Ord. No. 1000-09/16, pt. XVI renumbered former 74-171 as a new § 74-172.

(a)

Household pets shall be permitted in all zoning districts; provided that not more than four dogs or four cats are kept on any one premises, and provided further that no animals or pets are bred or reared on such premises for commercial purposes or sold therefrom. Notwithstanding and foregoing, however, offspring of permitted household pets may be kept and sold from the premises for a period of up to eight months.

(b)

All animals other than household pets shall be permitted only in the agricultural, C-1 and C-2 conservation districts, P-1 and P-2 park districts and the B-5 business district. Structures used for the housing of animals, other than household pets, must be located at least 100 feet from the side and rear property lines. Commercial feedlot structures for a commercial feedlot for 500 or more agricultural animals shall be at least 100 feet from property lines. Livestock structures for a livestock facility for 500 to fewer than 1,000 animal units shall be at least 100 feet from property lines. Livestock structures for a livestock facility for 1,000 animal units or more shall be at least 200 feet from property lines and 150 feet from an access right-of-way.

Animal Units

For animal units not listed, the equivalency to animal units shall be based on live animal weights, the characteristics of the manure, including nutrient content or pollutant concentration, or a combination of both. In those cases, 1000 pounds of live weight is equivalent to one animal unit. The current NR243 rules should be consulted for any changes to the equivalencies.

(c)

Chickens shall also be permitted in the R-1, R-2, R-3, R-5, R-5A and C-3 districts provided:

(1)

Chickens shall be female only. No roosters are permitted.

(2)

No more than six chickens allowed on the parcel.

(3)

Single family residence only.

(4)

Chickens are permitted with a legal non-conforming zoned residence, duplex, tri-plex or multi-family structure, if permission is granted by owner/landlord/ association and parcel has no more than six chickens total, regardless of the number of dwelling units on the parcel.

(5)

No chickens are permitted in mobile home parks.

(6)

Towns, homeowners association and/or private restrictions can prohibit chickens or be more restrictive than this ordinance.

(7)

Chickens must be kept on owners property at all times.

(8)

A structure to house the chickens shall not exceed 100 square feet, shall be movable, shall be at least ten feet from side and rear property lines and shall be at least 20 feet from a residence, not including the residence on the subject parcel.

(9)

The subject property shall be kept clean, sanitary, no excessive odor, noise, pests or other nuisance allowed and shall provide for free movement of chickens.

(d)

Chickens in the agricultural and C-2 district(s) may modify the requirements of (b) above provided:

(1)

A new structure to house up to 12 female chickens shall be permitted within the 100-foot setback requirement provided the structure does not exceed 100 square feet in size, shall be movable, shall be at least ten feet from side and rear property lines, and shall be at least 20 feet from a residence, not including the residence on the subject parcel.

(2)

Structures that legally existed prior to November 21, 2013 that are more than 100 square feet in size and meet a minimum ten-foot side and rear yard setback requirements and are at least 20 feet from a residence, not including the residence on the subject parcel, are permitted to have no more than 12 female chickens.

(3)

Towns, homeowners association and/or private restrictions can prohibit chickens or be more restrictive than this ordinance.

(4)

Chickens must be kept on owner's property at all times.

(5)

The subject property shall be kept clean, sanitary, no excessive odor, noise, pests or other nuisance allowed and shall provide for free movement of chickens.

(Amd. of 8-9-05; Ord. No. 591-12/09, pt. XXXVIII, 12-15-09; Ord. No. 740-09/12, pt. XXIII, 9-6-12; Ord. No. 837-02/14, pt. II, 2-11-14; Ord. No. 879-09/14, pt. XVII, 9-4-14; Ord. No. 938-07/15, pt. IX, 7-14-15; Ord. No. 1000-09/16, pt. XVI, 9-6-16; Ord. No. 1194-11/19, pt. VII, 11-12-19)

Editor's note— Ord. No. 1000-09/16, pt. XVI, adopted September 6, 2016, amended the Code by renumbering former § 74-171 as a new § 74-172. Further, Ord. No. 1000-09/16, pt. IX renumbered former 74-172 as a new subsection 74-165(11).

(a)

Areas to be regulated. This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies.

(b)

Official maps and revisions. Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, AO, on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subsection (1) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subsection (2) below. These maps and revisions are on file in the office of the Walworth County Land Use and Resource Management Department.

(1)

Official maps Based on the Flood Insurance Study (FIS).

a.

Flood Insurance Rate Map (FIRM), panel numbers 55127C0033D, 55127C0041D, 55127C0065D, 55127C0069D, 55127C0079D, 55127C0085D, 55127C0086D, 55127C0087D, 55127C0091D, 55127C0092D, 55127C0093D, 55127C0111D, 55127C0118D, 55127C0152D, 55127C0154D, 55127C0160D, 55127C0162D, 55127C0163D, 55127C0164D, 55127C0166D, 55127C0167D, 55127C0168D, 55127C0169D, 55127C0180D, 55127C0181D, 55127C0182D, 55127C0190D, 55127C0193D, 55127C0194D, 55127C0206D, 55127C0207D, 55127C0213D, 55127C0229D, 55127C0231D, 55127C0233D, 55127C0241D, 55127C0281D, 55127C0282D, 55127C0300D, 55127C0301D, 55127C0308D, 55127C0310D, 55127C0312D, 55127C0316D, 55127C0317D, 55127C0329D, 55127C0330D, 55127C0331D, 55127C0333D, 55127C0360D, 55127C0385D, 55127C0425D, dated 10/2/2009;

b.

Flood Insurance Rate Map (FIRM) Panel Numbers 55127C0009E, 55127C0017E, 55127C0019E, 55127C0028E, 55127C0029E, 55127C0036E, 55127C0037E, 55127C0039E, 55127C0144E, 55127C0257E, 55127C0259E, 55127C0270E, 55127C0276E, 55127C0277E, 55127C0278E, 55127C0279E, 55127C0283E, 55127C0284E, 55127C0302E, 55127C0303E, 55127C0304E dated 9/3/2014;

c.

Flood Insurance Rate Map (FIRM) Panel Numbers 55127C0066E, 55127C0067E, 55127C0068E, 55127C0088E, 55127C0089E, 55127C0094E, 55127C0104E, 55127C0110E, 55127C0112E, 55127C0115E, 55127C0116E, 55127C0179E, 55127C0183E, 55127C0184E, 55127C0195E, 55127C0201E, 55127C0202E, 55127C0205E, 55127C0210E, 55127C0211E, 55127C0215E, 55127C0216E, 55127C0217E, 55127C0218E, 55127C0219E, 55127C0226E, 55127C0227E, 55127C0228E, 55127C0236E, 55127C0237E, 55127C0238E, 55127C0239E, 55127C0245E, 55127C0327E, 55127C0332E, 55127C0334E, 55127C0336E, 55127C0337E, 55127C0345E, 55127C0355E, 55127C0361E, 55127C0362E, 55127C0363E, 55127C0364E, 55127C0366E, 55127C0368E, 55127C0460E, 55127C0477E, dated 4/6/2022.

d.

Flood Insurance Study (FIS) volumes 55127CV001C and 55127CV002C for Walworth County, dated 04/06/2022.

e.

Letter of Map Revision (11-05-4839P effective 6/14/2012).

Approved by: The DNR and FEMA

(2)

Official maps based on other studies.

a.

Delavan Dam Failure analysis approved by the Department of Natural Resources on July 11, 2014, including:

•

Map dated October 8, 2013 and titled "Delavan Dam Failure Analysis Cross Section and Floodplain Locations." (The floodplain boundary to use is "100-year Floodplain - Dam Breach").

•

Floodway data table dated October 2013 and titled "Table 5 HEC-RAS Analysis Results." The data to use is "Dam Failure = Plan Breach T5 10 day."

b.

Droster Elmer Dam Failure analysis approved by the Department of Natural Resources on August 1, 2005 including:

•

Map dated August 1, 2005 and titled "Map of Floodway for Dam Breach during Regional Flood."

•

Floodway data table dated August 1, 2005 and titled "Comparison of Maximum Flood Elevation for Simulated Hydraulic Conditions." Use column titled "Dam removed."

c.

Lake Beulah Dam Failure analysis approved by the Department of Natural Resources on December 1, 2004, including:

•

Map dated June 6, 2004 and titled "Lake Beulah Dam." (If necessary, indicate which boundary to use and/or start and end stations of the regulatory profile).

•

Floodway data table dated June 6, 2004 and titled "Lake Beulah NWS Parameter Estimates." If necessary, indicate what column (table if more than one included) to use and start and end stations of the regulatory profile.

•

Flood profiles dated (Insert date as shown on the flood profiles) and titled ("Lake Beulah NWS Parameter Estimates").

d.

Lauderdale Lakes Dam Failure analysis approved by the Department of Natural Resources on January 7, 2016, including:

•

Map dated JANUARY 7, 2016 and titled "HYDRAULIC SHADOW MAP FOR LAUDERDALE LAKES DAM FAILURE ANALYSIS."

•

Floodway data table dated JANUARY 7, 2016 and titled "Modified Floodway Table to Represent Effect of Dam Breach."

•

Flood profiles dated JANUARY 7, 2016 and titled "Flood Profiles with Hydraulic Shadow Callout from Lauderdale Lake Dam Breach Analysis."

e.

Rice Lake Dam Failure analysis approved by the Department of Natural Resources on August 12, 2010, including:

•

Map dated March 2010 and titled "Hydraulic Shadow Map."

•

Floodway data table dated March 2010 titled "Hydraulic Shadow Floodway Data."

•

Flood profiles March 2010 and titled "Dam Break Flood Profiles."

f.

Turtle Valley Central Phase Dam Failure analysis approved by the Department of Natural Resources on August 23, 2004, including:

•

Map dated August 9, 2016 and titled "Estimated Dam Failure Inundation Map Turtle Valley Phase 3 Dam and Turtle Valley Central Phase Dam." Use shadow for the Turtle Valley Central Phase Dam.

•

Floodway data table dated August 23, 2004 and titled "Floodway Data Table - WRP Embankment Failing During the 100-year Storm."

•

Flood profiles dated August 23, 2004 and titled "100-year Flood Profile With the WRP Embankment Failing."

g.

Turtle Valley Phase 3 Failure analysis approved by the Department of Natural Resources on June 16, 2003, including:

•

Map dated August 9, 2016 and titled "Estimated Dam Failure Inundation Map Turtle Valley Phase 3 Dam and Turtle Valley Central Phase Dam." Use shadow for the Turtle Valley Phase 3 dam.

•

Floodway data table dated June 16, 2003 and titled "Floodway Data Table - The Dam in Place and Failing During the 100-year Storm."

h.

Whitewater Lake Dam Failure analysis approved by the Department of Natural Resources on October 27, 2010, including:

•

Map dated October 27, 2010 and titled "Flood Shadow of the Whitewater Lake Dam Failure during the 100 year Storm Event."

•

Floodway data table dated October 27, 2010 and titled "Hec-Ras Modeling Results for 3 Scenarios" Use Plan FBRW52-T1.5-B863.

•

Flood profiles dated November 29, 2009 titled "HEC-RAS hydraulic profile plot of the entire downstream reach" Use profile line FBRW52-T1.5-B863.

i.

Flood Storage Maps approved by the DNR.

•

Panel number 1, dated April 6, 2022.

•

Panel number 5, dated April 6, 2022.

•

Panel number 6, dated April 6, 2022.

•

Panel number 8, dated April 6, 2022.

•

Panel number 9, dated April 6, 2022.

•

Panel number 10, dated April 6, 2022.

•

Panel number 11, dated April 6, 2022.

•

Panel number 12, dated April 6, 2022.

•

Panel number 13, dated April 6, 2022.

•

Panel number 14, dated April 6, 2022.

•

Panel number 15, dated April 6, 2022.

•

Panel number 16, dated April 6, 2022.

(c)

Primary purpose and intent. The floodplain overlay district is hereby created pursuant to the mandates of Wis. Stats. § 87.30 and NFIP regulations for the purpose of regulating all areas that would be covered by regional flood or base flood where serious flood damage may occur. The Floodplain Overlay District is one district that covers the floodway, floodfringe, flood storage and general floodplain areas. The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to subsection 74-173(l). The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to subsection 74-173(l), within A Zones shown on the FIRM. The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM. The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.

The purpose of these regulations is to provide for sound floodplain management by regulating development and structures in the floodplain of Walworth County so as to:

(1)

Protect life, health, and property;

(2)

Minimize expenditures of public funds for flood control projects;

(3)

Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

(4)

Minimize business interruptions and other economic disruptions;

(5)

Minimize damage to public facilities in the floodplain;

(6)

Minimize the occurrence of future flood blight areas in the floodplain;

(7)

Discourage the victimization on unwary land and homebuyers;

(8)

Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

(9)

Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

(d)

Floodway district (FW). This district applies to all floodway areas on the floodplain zoning maps and those areas identified pursuant to subsection 74-173(l). Any permissible development in the floodway shall comply with subsection 74-173(m) and have a low flood damage potential. Applicants shall provide an analysis calculating the effects of their proposal on the regional flood height to determine the effects of the proposal according to sections 74-173(n) and 74-187. The analysis must be completed by a registered professional engineer in the State of Wisconsin. Any encroachment in the regulatory floodway is prohibited unless the data submitted demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location.

(e)

Floodfringe district (FF). This district applies to all floodfringe areas on the floodplain zoning maps and those areas identified pursuant to subsection 74-173(l). Subsection 74-173(m) shall apply to all structures, land use, or development that is allowed in the Floodfringe District as listed in subsections 74-173(i) and 74-173(j). Any existing structure in the floodfringe must meet the requirements of section 74-222.

(f)

General floodplain district (GFP). The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Map identified in subsection 74-173(b)(1). For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in subsection 4-173(b)(1), the boundaries of the regulatory floodway shall be determined pursuant to subsection 74-173(l). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of floodway development. If the development is located entirely within the floodfringe, the development is subject to the standards of floodfringe development.

(g)

Flood storage district (FSD). The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations. The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the official floodplain zoning maps. Development in a flood storage district shall comply with the standards of subsection 74-173(j)(7).

(h)

Prohibited uses. The following uses are prohibited in the FW, FF, GFP, and FSD unless allowed as a permitted use or a conditional use.

(1)

Dumping;

(2)

Filling;

(3)

Excavating;

(4)

Any new private sewage system or public sewage system;

(5)

Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis., Adm. Code.

(6)

Solid or hazardous waste disposal sites;

(7)

Wells which are used to obtain water for ultimate human consumption;

(8)

Storage of materials which are buoyant, flammable, explosive, injurious to property, water quality or human, animal, plant, fish or other aquatic life;

(9)

All structures and additions to structures; including but not limited to residential, accessory, agricultural, commercial, recreational, manufactured homes, retaining walls, decks, etc. which is any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to roofed and walled buildings, gas or liquid storage tanks;

(10)

Basement of any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides;

(11)

Crawlways or crawl space of an enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities;

(12)

Additions to floodplain structures;

(13)

Public assembly structures;

(14)

Parking and loading areas;

(15)

Mobile homes and mobile home parks;

(16)

Camping units and campgrounds;

(17)

Permanent sheltering and restricted confinement of animals;

(18)

Mineral extraction;

(19)

Repairs or alterations that equal or exceed 50 percent of the equalized assessed value of any use shall not be permitted except as provided for in division 4 of this ordinance;

(20)

Replacement of flood damaged nonconforming structures;

(21)

Portable latrines.

(i)

Permitted uses. The following uses are permitted uses in the FW, FF, GFP, and FSD provided they are permitted in the zoning district and further provided it is not prohibited by any other ordinance. All floodplain uses permitted under this section shall use, as a flood protection elevation, a height corresponding to two feet above the flood profile for the particular area. No use shall obstruct flow or increase regional flood height due to floodplain storage area lost.

(1)

Functionally water-dependent uses that comply with and/or receives permit approval from the Department of Natural Resources, under Wis. Stats. chs. 30 and 31, such as docks, piers, wharves, culverts, ditches, canals, dams, bridges, bulkheads, navigational aids, flowage areas, river crossings of utility transmission lines and pipelines, public water measuring and control facilities, utility poles, towers, and underground conduit for transmitting electricity, telephone, cable television, natural gas, municipal water supply and sanitary sewerage systems and similar products and services, subject to obtaining amendments to the floodplain lines, water surface profiles, BFEs established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to div. 12.

(2)

Non-structural agricultural uses in any agricultural district such as; farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting, provided there is no filling or excavating.

(3)

A wetland restoration or enhancement project conducted by or as part of a governmental project if the sole purpose of a project is wetland restoration or enhancement and the impact of the project has no increase in the flood stage. If the intent of the project is to restore a wetland area by the installation of best management practices, the applicant must demonstrate that the project restores or improves functional values including increasing flood and storm water storage, maintaining groundwater recharge-discharge, enhanced fisheries and wildlife habitat, improved filtration or storage or sediments, nutrients, and toxins, improved shoreline protection against erosion, and any additional wetland functional values. A licensed engineer in the State of Wisconsin shall certify the effect of a wetland project upon the floodplain model or potential increase in the flood stage on neighboring property. Any damages occurring from wetland restoration will be the responsibility of the applicant(s). This is not a mitigation policy, allowing filling of wetlands, but a restoration policy. If a wetland restoration or enhancement project will have an effect upon the floodplain model or increase flooding on neighboring property then the procedure for conditional use review and floodstage hydrologic analysis shall be followed.

(4)

Nonstructural recreational uses provided there is no fill, excavating, or structures, such as golf courses, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails.

(5)

Public utilities, streets and bridges if adequate floodproofing measures are provided to the flood protection elevation and construction does not obstruct flow which would block the conveyance of floodwaters by itself or with other development causing an increase in the regional flood height or increase regional flood height due to floodplain storage area lost.

(6)

Replacement sewage system, if there is no practicable alternative to locate the system outside of the floodplain. Sewage systems shall comply with SPS 383 Wisconsin Administrative Code and floodproofing measures shall be provided to the flood protection elevation.

(7)

Floodplain areas may be utilized to meet required yards or open space.

(8)

The construction, reconstruction, maintenance and repair of State highways and bridges by the Department of Transportation is exempt when Wis. Stats. § 30.2022, applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards.

(9)

Building maintenance, modification and additions to existing industrial buildings that are located within floodfringe areas outside of the floodway and that are flood proofed above the flood protection elevation. The building addition shall meet the floodfringe requirements of NR 116.13. Any maintenance, modification or addition shall comply with section 74-222.

(10)

Sanitary sewer or water supply lines to service existing or proposed development, when such development is located outside the floodway.

(j)

Conditional uses. Uses not prohibited or those uses listed below are conditional uses in the FW, FF, GFP, and FSD provided the use is also permitted in the zoning district and the applicant can meet the requirements and conditions of 74-187:

(1)

Wetland restoration projects: The applicant must demonstrate that the project restores or improves functional values, by the installation of best management practices, including increasing flood and storm water storage, maintaining groundwater recharge-discharge, enhanced fisheries and wildlife habitat, improved filtration or storage of sediments, nutrients, and toxins, improved shoreline protection against erosion and any additional wetland functional values. Any damages occurring from wetland restoration will be the responsibility of the applicant(s). Legal arrangements must be made with all affected landowners prior to construction by applicant(s). This is not a mitigation policy, allowing filling of wetlands, but a restoration policy.

(2)

Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of section 74-187 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.

As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to section 74-259, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

(3)

Maintenance of existing driveway located in the floodplain, that was legally installed prior to the adoption of floodplain maps, if emergency services can be provided during the regional flood.

(4)

For nonconforming structures that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming structure may be permitted in the footprint and envelope by the Committee in compliance with section 74-187 in order to restore it after the nonflood disaster, provided that the nonconforming structure will meet all the minimum requirements under applicable FEMA regulations (44 CFR Part 60), or the regulations promulgated thereunder.

(5)

Nonconforming historic structure, not designed for human habitation, on the historic registry may be altered if the alteration will not preclude the structures continued designation as a historic structure, if flood resistant materials are used and if construction practices and floodproofing methods are used.

(6)

Low flood hazard potential structures such as industrial, commercial and park loading areas, parking areas, boat ramps, and airport landing strips provided the use is permitted in the zoning district, the structure has low flood damage potential, the structure is associated with permanent open space uses or are functionally dependent on a waterfront location and the structure will not obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map.

(7)

Flood storage district development may only be permitted by the Committee if compatible with the land use plan and the zoning district, is contiguous to other lands lying outside the floodplain, streets servicing the property shall be located outside the floodplain, and if an equal volume of storage, as defined by the pre-development ground surface and the regional flood elevation, shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost (compensatory storage), the development shall not affect the conveyance capacity by causing an obstruction to flow or storage capacity of the floodplains, such that it causes any increase in the regional flood height or discharge. Excavation below the groundwater table is not considered as providing an equal volume of storage. If compensatory storage cannot be provided, the area may not be developed. Any structure or building used for human habitation (seasonal or permanent) which is to be erected in a flood storage district which is to be erected, constructed, reconstructed, structurally altered or moved into the flood storage district shall be placed on fill with the finished surface of the lowest floor, excluding basement or crawlway, at or above the flood protection elevation. Fill shall be at least one foot above the regional flood elevation and shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon and dryland access shall be provided. If any such structure or building has a basement or crawlway, the surface of the floor of the basement or crawlway shall be at or above the regional flood elevation and shall be floodproofed to the flood protection elevation in accordance with NR 116.16. No variance may be granted to allow any floor below the regional flood elevation.

(8)

Except for permitted uses, any structure or improvement not prohibited in this floodplain overlay district are conditional uses requiring review and approval by the Committee.

(k)

Discrepancies. Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subsection (1) and (2) below. If a significant difference exists, the map shall be amended according to section 74-259 amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a zoning permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. When the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to section 74-259 amendments.

(1)

If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

(2)

Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.

(l)

Determining floodway and floodfringe limits. Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the Zoning Administrator shall:

(1)

Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; and the flood zone as shown on the FIRM.

(2)

Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.

a.

A Hydrologic and Hydraulic Study as specified in subsection 74-173(n).

b.

Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;

c.

Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

(m)

General standards applicable to all floodplain districts. When development is permissible, the community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.

(1)

If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:

a.

be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.

be constructed with flood-resistant materials;

c.

be constructed by methods and practices that minimize flood damages; and

d.

be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(n)

Hydraulic and hydrologic studies. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the DNR.

(1)

Zone A floodplains:

a.

Hydrology.

i.

The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

b.

Hydraulic modeling. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:

i.

Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.

ii.

Channel sections must be surveyed.

iii.

Minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.

iv.

A maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.

v.

The most current version of HEC-RAS shall be used.

vi.

A survey of bridge and culvert openings and the top of road is required at each structure.

vii.

Additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.

viii.

Standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.

ix.

The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.

c.

Mapping. A work map of the reach studied shall be provided, showing all cross section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.

i.

If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.

ii.

If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.

(2)

Zone AE floodplains.

a.

Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

b.

Hydraulic model. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:

i.

Duplicate effective model. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.

ii.

Corrected effective model. The corrected effective model shall not include any man-made physical changes since the effective model date, but shall import the model into the most current version of HEC-RAS for Department review.

iii.

Existing (pre-project conditions) model. The existing model shall be required to support conclusions about the actual impacts of the project associated with the revised (post-project) model or to establish more up-to-date models on which to base the revised (post-project) model.

iv.

Revised (post-project conditions) model. The revised (post-project conditions) model shall incorporate the existing model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.

v.

All changes to the duplicate effective model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.

vi.

Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.

c.

Mapping. Maps and associated engineering data shall be submitted to the DNR for review which meet the following conditions:

i.

Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.

ii.

Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.

iii.

Annotated FIRM panel showing the revised one percent and two-tenths percent annual chance floodplains and floodway boundaries.

iv.

If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.

v.

The revised floodplain boundaries shall tie into the effective floodplain boundaries.

vi.

All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.

vii.

Both the current and proposed floodways shall be shown on the map.

viii.

The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.

(o)

Floodproofing standards. Floodproofing measures shall be designed, as appropriate, to withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; protect structures to the flood protection elevation; anchor structures to foundations to resist flotation and lateral movement; minimize or eliminate infiltration of flood waters; minimize or eliminate discharges into flood waters; and place essential utilities at or above the flood protection elevation.

(1)

For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either certified by a registered professional engineer or architect; or meeting or exceeding the following standards:

a.

a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b.

the bottom of all openings shall be no higher than one-foot above grade; and

c.

openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(2)

If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

a.

The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

b.

The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

c.

Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

d.

The use must be limited to parking, building access or limited storage.

(Ord. No. 575-09/09, pt. XIV, 9-8-09; Ord. No. 740-09/12, pt. XXI, 9-6-12; Ord. No. 875-07/14, pt. II, 7-28-14; Ord. No. 970-02/16, pt. I, 2-9-16; Ord. No. 1000-09/16, pt. XVII, 9-6-16; Ord. No. 1017-12/16, pt. I, 12-6-16; Ord. No. 1051-06/17, pt. I, 6-13-17; Ord. No. 1263-12/21, pt. I, 11-18-21; Ord. No. 1265-02/22, pt. II, 2-8-22)

Editor's note— Ord. No. 1000-09/16, pt. XVII, adopted September 6, 2016, amended the Code by renumbering former § 74-166 as a new § 74-173. Further, Ord. No. 1000-09/16, pt. VII renumbered former 74-173 as a new subsection 74-163.

In compliance with NR115 the following Shoreland Zoning Standards shall control the use of shorelands to afford the protection of water quality as specified in NR 102, NR 103 and Wis. Stats. ch. 281. In addition to any other applicable general use, site, permitting requirements or sanitary regulations, the following shoreland restrictions and regulations shall apply to:

A).

Areas to be regulated.

1.

All unincorporated land lying within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the unincorporated areas of Walworth County shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication "Surface Water Resources of Walworth County" or are shown on the United States geological survey quadrangle maps or other zoning base maps. The County Zoning Administrator will make navigability determinations and ordinary high water mark determinations related to shoreland zoning matters as needed. The County Zoning Administrator will contact the regional DNR office if assistance is required with such a determination.

2.

All unincorporated lands lying within 300 feet of the ordinary high water mark of navigable rivers or streams, or the landward side of the floodplain, whichever is greater. Rivers and streams in Walworth County shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps referenced in section 74-177 of this ordinance. The County Zoning Administrator will make navigability determinations and ordinary high water mark determinations related to shoreland zoning matters as needed. The County Zoning Administrator will contact the regional DNR office if assistance is required with such a determination. Flood hazard boundary maps, or flood insurance study maps (or soil maps or other existing County maps used to delineate floodplain areas which have been adopted by Walworth County) shall be used to determine the extent of the floodplain of rivers or streams in Walworth County.

3.

Under Wis. Stats. § 281.31(2m), notwithstanding any other provision of law or administrative rule promulgated thereunder, this shoreland zoning ordinance does not apply to:

a.

Lands adjacent to farm drainage ditches if all of the following apply:

1.

Such lands are not adjacent to a natural navigable stream or river;

2.

Those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching; and

b.

Lands adjacent to artificially constructed drainage ditches, ponds or storm water retention basins that are not hydrologically connected to a natural navigable water body.

B).

Shoreland setbacks. The following setbacks shall be established to conform to health, safety, and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution.

1.

Except where exempt below, a setback of 75 feet from the ordinary high-water mark of any navigable waters to the nearest part of a structure shall be required for all structures. Retaining walls and fences are structures.

2.

A setback less than the 75 feet required setback from the ordinary high water mark shall be permitted for a proposed principal structure, together with associated accessory structures that are open in nature such as decks or patios, and shall be determined as follows:

a.

If the closest principal structure in each direction along the shoreline to a proposed principal structure exists on an immediately adjacent lot and within 250 feet of the proposed principal structure and both of the existing principal structures are set back less than 75 feet from the ordinary high water mark, a setback shall be established equal to the average of the distances that those closest principal structures are set back from the ordinary high water mark, but the average setback shall not be reduced to less than 35 feet.

b.

If a principal structure exists on an immediately adjacent lot and within 250 feet of a proposed principal structure in only one direction along the shoreline, is the closest principal structure to the proposed principal structure, and is set back less than 75 feet from the ordinary high water mark, the average shore yard setback shall be calculated as a setback equal to the average of 75 feet and the distance that the closest existing principal structure is set back from the ordinary high water mark but the average setback shall not be reduced to less than 35 feet.

3.

Exempt structures. All of the following structures are exempt from the shore yard setback standards in sub 1. above. All structures, except a boathouse, lighting, a bridge for which the Department of Natural Resources has issued a permit under Wis. Stats. 30.123, those applicable structures listed in Wis. Stats. 59.692(1n)(d) and a stairway, walkway, or rail system which is necessary to provide pedestrian access to the shoreline, shall require a setback of at least 75 feet from the ordinary high-water mark although a greater setback may be required where otherwise regulated by the floodplain provisions of this ordinance or other more restrictive ordinances. Existing exempt structures that were legally constructed may be maintained, repaired, replaced, restored, rebuilt and remodeled provided the activity does not expand the footprint and does not go beyond the envelope of the existing structure. Expansion beyond the footprint is permitted if the expansion is required to comply with applicable State and Federal requirements.

a.

Boathouse:

(1)

A boathouse located on slopes of 12 percent or less is permitted to be located within the shore yard setback requirement, shall not extend below the ordinary high water mark, shall be located so as to minimize earth disturbing activities and shoreland vegetation removal, shall be located within the viewing and access corridor, and shall be designed exclusively for the storage of watercraft and related marine equipment and shall not be used for human habitation or commercial purposes. The roof pitch of the boathouse shall not exceed a 4:12 pitch and side walls shall not exceed ten feet measured from the lowest finished grade along the structure to the eave of the structure; shall not exceed 400 square feet in horizontal area covered, and shall not be closer than three feet to any side lot line. Railings shall not be placed on top of the boathouse, nor shall boathouse roofs be designed to provide general outdoor living space, i.e., as a deck. Only one boathouse is permitted on a lot as an accessory structure. A boathouse with rooms above or within, used for purposes other than the storage of watercraft and related marine equipment, shall not be deemed to be a boathouse. Fireplaces, patio doors, plumbing, heating, cooking facilities, or any features inconsistent with the use of the structure exclusively as a boathouse are not permitted in or on boathouses. The roof of a boathouse may be used as a deck provided that the boathouse has an existing flat roof and if the existing flat roof has no side walls or screens and the existing flat roof may have a railing that meets the Department of Safety and Professional Services standards.

(2)

A boathouse located on slopes greater than 12 percent is permitted to be located within the shore yard setback requirement, shall not extend below the ordinary high water mark, shall be located so as to minimize earth disturbing activities and shoreland vegetation removal, shall be located within the viewing and access corridor, and shall be designed exclusively for the storage of watercraft and related marine equipment and shall not be used for human habitation or commercial purposes. The roof pitch of the boathouse shall not exceed a 4:12 pitch and side walls shall not exceed ten feet measured from the lowest finished grade along the structure to the eave of the structure; shall not exceed 150 square feet in horizontal area covered, and shall not be closer than three feet to any side lot line. Railings shall not be placed on top of the boathouse, nor shall boathouse roofs be designed to provide general outdoor living space, i.e., as a deck. Only one boathouse is permitted on a lot as an accessory structure. A boathouse with rooms above or within, used for purposes other than the storage of watercraft and related marine equipment, shall not be deemed to be a boathouse. Fireplaces, patio doors, plumbing, heating, cooking facilities, or any features inconsistent with the use of the structure exclusively as a boathouse are not permitted in or on boathouses. The roof of a boathouse may be used as a deck provided that the boathouse has an existing flat roof and if the existing flat roof has no side walls or screens and the existing flat roof may have a railing that meets the Department of Safety and Professional Services standards.

b.

Open sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in Wis. Stats. § 59.692(1v) if all of the following apply:

(1)

The part of a structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.

(2)

The total floor area of all of the structures in the shore yard setback area of the property will not exceed 200 square feet. In calculating this square footage boathouses shall be excluded.

(3)

The structure that is subject of the request for special zoning permission has no sides or has open or screened sides.

(4)

Walworth County must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shore yard setback area that is nearest to the water.

c.

Stairway, walkway, or rail system:

(1)

A stairway, walkway or rail system and that portion of piers and wharves landward of the ordinary high water mark are exempt from the shoreland setback requirement provided that the structure is necessary to access the shoreline and is located within the access/viewing corridors. Further, the structure shall be located so as to minimize earth disturbing activities and shoreland vegetation removal during construction. The structure shall be no more than 60 inches wide; open railings are permitted only where required by safety concerns; canopies, roofs, and closed railings/walls on such structures are prohibited; landings for stairways or docks are permitted only where required by safety concerns and shall not exceed 25 square feet in area.

d.

Utility transmission and distribution line, pole, tower, water tower, pumping station, well pump house cover, private on-site wastewater treatment systems that comply with ch. 145, and other utility structure that have no feasible alternative location outside of the minimum setback and which is constructed and placed using best management practices to infiltrate or otherwise control storm water runoff from the structure.

e.

Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are two meters or less in diameter.

f.

Placement of a device or system required to comply with impervious surface standards.

g.

Lighting. In accordance with Wis. Stat. 59.692(1k)(a)1., Walworth County does not require any approval to install or maintain outdoor lighting in shoreland, impose any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or otherwise prohibit or regulate outdoor lighting in shorelands if the lighting is designed or intended for residential use.

h.

A fence that is all of the following:

(1)

No taller than 15 feet.

(2)

Located no less than 2 feet landward of the ordinary high water mark.

(3)

Located entirely outside of a highway right-of-way, no less than 10 feet from the edge of a roadway, and no more than 40 feet from the edge of a roadway or highway right-of-way, whichever is greater.

(4)

Generally perpendicular to the shoreline.

i.

A bridge for which the Department of Natural Resources has issued a permit under Wis. Stats. § 30.123.

j.

Existing exempt structures may be maintained, repaired, replaced, restored, rebuilt and remodeled provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. An expansion of a structure beyond the existing footprint is permitted if the expansion is necessary to comply with applicable State or Federal requirements. Property owners, builders and contractors are responsible for compliance with the terms of this ordinance.

C).

Vegetation. To protect natural scenic beauty, fish and wildlife habitat, water quality and to promote preservation and restoration of native vegetation. The purposes of the regulations shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structure and land uses and preserve shore cover and natural beauty. The County has established the following standards and requirements that consider sound forestry and soil conservation practices and the effect of vegetation removal on water quality, including soil erosion, and the flow of effluents, sediments and nutrients.

All vegetation removal activities shall be conducted so as to prevent erosion and sedimentation, and preserve the natural scenic beauty of the County. Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty. Natural vegetation, especially woody cover, in the area closest to the water is crucial for fish and riparian wildlife. The vegetation regulations do not apply to the removal of dead, diseased or dying trees or shrubbery within 35' shore yard setback, if verified and approved by the County.

Vegetation removal shall be conducted in accordance with the County's conservation standards and shall require a County-approved conservation plan and permit, subject to the dimensional requirements listed below. County conservation standards are technical standards disseminated by the Department of Natural Resources under NR151 and include the Wisconsin Field Office Technical Guide, Section IV, Conservation Standards and Construction Standards, and other standards approved by the Land Conservation Committee. In addition, the County Zoning Administrator may, where appropriate, require an applicant to furnish a surety to enable the County to carry out land restoration work in the event of default by the applicant in carrying out an approved conservation plan. The amount of such surety shall be determined by the Zoning Administrator, and the form and type of all sureties shall be approved by the Committee. The County Zoning Administrator may, as appropriate, request a review of the proposed vegetation removal or earth movement activity by the Wisconsin Department of Natural Resources, and the USDA Natural Resource Conservation Service, or other appropriate agency, and await their comments and recommendations before issuing a permit but not to exceed 30 days.

1.

On those lands within 35 feet of the OHWM (ordinary high water mark) vegetation removal is prohibited (no touch zone), with the following exceptions subject to a County approved conservation plan and permit:

a.

Vegetation removal for the creation of a view/access corridor is allowed ten feet wide or up to 35 percent of the shoreline frontage, except that the maximum width of the view/access corridor may not exceed 200 feet. The view/access corridor may run contiguously for the entire maximum allowed width.

b.

Vegetation removal for the location of those structures permitted within the shore yard;

c.

For those shoreline protection projects authorized by a DNR permit provided that erosion control measures are designed to remedy significant and existing erosion problems;

d.

Vegetation removal along a farm drainage ditch provided the removal is part of drainage ditch maintenance work that is conducted consistent with the requirements of Wis. Stats. ch. 88 and if the land conservation division determines that soil and water conservation practices are sufficient and no pollution is occurring on the site. Land adjacent to farm drainage ditches shall be vegetated and maintained with ground layer vegetation, such as turf grass;

e.

Selective removal of exotic, invasive, damaged vegetation or vegetation that must be removed to control disease or poses an imminent safety hazard provided that any vegetation removed be replaced by replanting with vegetation approved by the Land Conservation Division, in the same area as soon as practicable;

f.

For the removal of trees and shrubs in the vegetative buffer zone on a parcel with ten or more acres of forested land consistent with "generally accepted forestry management practices" as defined in S. NR 1.25 (2) (b), and described in Department publication "Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal be consistent with these practices.

g.

Additional vegetation management activities for mitigation in the vegetative buffer zone. The permit issued under this section shall require that all management comply with detained plans approved by the County and designed to control erosion by limiting sedimentation into the waterbody, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area.

h.

Prescribed burns on greater than 150 linear feet of shoreline with a plan approved by the land conservation division provided the project cannot be accomplished by selective removal in accordance with subsection e. above and further provided it is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and preserves the natural shoreline beauty.

i.

Routine maintenance of vegetation.

2.

A special vegetation removal plan allowing greater vegetation removal than that permitted in 1. above, may be permitted by the Committee by issuance of a conditional use permit, pursuant to section 74-187. An application for such a permit shall include a survey of the lot providing the following information; location of parking, topography of the land, existing vegetation, proposed cutting, and proposed replanting. The Committee may grant such a permit only if it finds that such special vegetation removal plans:

a.

Will not cause undue erosion or destruction of scenic beauty; and

b.

Will provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the Commission may require the submission of a bond which guarantees the performance of the planned tree or shrubbery replacement by the lot owner, and

c.

Will provide a public good.

3.

Beyond the 35-foot strip, which can be accomplished using accepted forest management and soil conservation practices which protects water quality with a County approved conservation plan and permit shall be required for projects within 300 feet of the OHWM (ordinary high water mark) and which are either:

a.

On slopes of more than 20 percent:

b.

Larger than 1,000 square feet on slopes of 12—20 percent; or

c.

Larger than 2,000 square feet on slopes less than 12 percent.

D).

Earth movements. To protect natural scenic beauty, fish and wildlife habitat, water quality and to promote preservation and restoration of native vegetation, the County has established the following standards and requirements that consider sound forestry and soil conservation practices and the effect of vegetation removal on water quality, including soil erosion, and the flow of effluents, sediments and nutrients.

1.

All earth movement activities within 75 feet of the ordinary high water mark shall be limited to minimal grade changes and only if it is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and preserves natural shoreline beauty. Earth movement shall not create level living space in the shore yard.;

2.

Earth movements involving stream course changing, waterway construction or enlargement, channel clearing, removal of stream or lake bed materials, are conditional uses requiring review, public hearing, and approval by the Committee in accordance with division 4. However, such earth movements having a DNR approval under Wis. Stats. ch. 30 are exempt from this provision.

a.

All earth movement activities shall be conducted as to minimize erosion and sedimentation, and preserve the natural scenic beauty of the County. Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty. Natural shorelines, especially woody cover, in the area closest to the water are crucial for fish and riparian wildlife.

b.

Earth movements shall be conducted in accordance with the County's conservation standards and shall require a County-approved conservation plan and permit, subject to the dimensional requirements listed below. County conservation standards are technical standards adopted by the Land Conservation Committee and include the Wisconsin Field Office Technical Guide, Section IV, Conservation Standards and Construction Standards, the Wisconsin Construction Site Best Management Handbook, Wisconsin Storm Water Manual and other standards approved by the Land Conservation Committee. In addition, the County Zoning Administrator may, where appropriate, require an applicant to furnish a surety to enable the County to carry out land restoration work in the event of default by the applicant in carrying out an approved conservation plan. The amount of such surety shall be determined by the Zoning Administrator, and the form and type of all sureties shall be approved by the Committee. The County Zoning Administrator may, as appropriate, request a review of the proposed earth movement activity by the Wisconsin Department of Natural Resources, and the USDA Natural Resource Conservation Service, or other appropriate agency, and await their comments and recommendations before issuing a permit but not to exceed 30 days.

E).

Impervious surfaces.

1.

Impervious surface standards are established to protect water quality and fish and wildlife habitat and protect against pollution of navigable waters. Impervious surface standards shall apply to the construction of any impervious surface that increases the percent of impervious surface that is or will be located within 300 feet of the ordinary high water mark of any navigable waterway on any of the following:

a.

A riparian lot or parcel.

b.

A nonriparian lot or parcel that is located entirely within 300 feet of the ordinary high-water mark of any navigable waterway.

2.

Calculation. Percentage of impervious surface shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the lot or parcel by the total surface area of that lot or parcel, and multiplying by 100. Treated impervious surfaces (described in 9 below) may be excluded from the calculation where the property owner can show that the runoff from the impervious surface is treated by devices such as storm water ponds, constructed wetlands, infiltration basins, rain gardens, bioswales or other engineered systems, or that the runoff discharges to internally drained pervious area that retains the runoff on or off the parcel to allow infiltration into the soil. If an outlot lies between the ordinary high water mark and the developable lot or parcel and both are in common ownership, the lot or parcel and the outlot shall be considered one lot or parcel for the purposes of calculating the percentage of impervious surfaces. For properties that have been "condominiumized" the impervious surface calculations apply to the entire property. The property is still under one legal description and the proposed expansion to a unit is not the only impervious surface calculated since the regulation states lot or parcel and not a unit. Mitigation applies to the property as a whole and not just to the portion of the frontage that might be in front of the unit impacted.

3.

General impervious surface standards.

a.

General standard. Except as allowed below and except for those lawfully existing impervious surfaces, a lot or parcel is allowed up to 15% impervious surface as calculated above.

b.

Maximum general impervious surface. A property may exceed the impervious surface standards under (3.a) above provided, more than 15% impervious surface but not more than 30% impervious surface may be allowed with a County approved permit and mitigation plan and measures implemented by the property owner by the date specified in the permit.

AND

4.

Impervious surface standards on highly developed shorelines identified as:

a.

Highly developed shoreline standard. A lot or parcel on a DNR approved highly developed shoreline (SEE 74-265), is allowed up to 30 percent impervious surface for residential land uses or up to 40 percent impervious surface for commercial, industrial or business land uses, as calculated above. A map of highly developed shorelines approved by DNR per NR115.05(1)(e)2m.b. are adopted and made part of this ordinance in digital format developed with geographic information systems software and are available to the public in the office of the County Zoning Administrator or on the County website.

b.

Maximum impervious surface. A property may exceed the impervious surface standards under (4.a.) above provided, more than 30 percent but not more than 40 percent impervious surface on the lot or parcel for properties that have a residential land use, or more than 40 percent impervious surface but not more than 60 percent impervious surface for properties that have a commercial, industrial or business land use with a County approved mitigation plan and measures implemented by the property owner by the date specified in the permit.

5.

Existing impervious surfaces. (also see 74-174 (G)) Existing impervious surfaces that were legally constructed but that do not comply with the impervious surface standards in subds. 3 and 4 above, are permitted to do the following (without mitigation) as long as the percentage of impervious surface that existed lawfully on the effective date of the ordinance is not increased:

a.

Maintain and repair all impervious surfaces.

b.

Replace existing impervious surfaces with similar surfaces within the existing footprint and envelope.

c.

Relocate or modify legally existing impervious surfaces with similar or different impervious surfaces, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on September 13, 2016 but shall meet the applicable setback requirements,

d.

The principal structure may do a vertical expansion to 35-foot height.

6.

Mitigation requirements

Permitted : 0—15% impervious surface GENERAL .....Mitigation- max of 30%

2.5% increase impervious surface .....1 point

5% increase impervious surface .....2 points

7.5% increase impervious surface .....3 points

10% increase impervious surface .....4 points

12.5% increase impervious surface .....5 points

15% increase impervious surface .....6 points

Permitted : 0—30% HIGHLY DEVELOPED SHORELINE - Residential Mitigation - max of 40%

2.5% increase impervious surface .....1 point

5% increase impervious surface .....2 points

7.5% increase impervious surface .....3 points

10% increase impervious surface .....4 points

Permitted : 0—40% HIGHLY DEVELOPED SHORELINE - Business/Ind. Mitigation - max of 60%

2.5% increase impervious surface .....1 point

5% increase impervious surface .....2 points

7.5% increase impervious surface .....3 points

10% increase impervious surface .....4 points

12.5% increase impervious surface .....5 points

15% increase impervious surface .....6 points

17.5% increase impervious surface .....8 points

20% increase impervious surface .....10 points

7.

Mitigation measures.

1 point for every 5' of permanent native shoreyard buffer from 35' to 75'

1 point for every 5' of buffer perpendicular to the shore from 35' to 75'

1 point - Reduce width of view/access corridor for every 5'

1 point - No shore yard lighting

1 point - Planting/restoration of a primary buffer 1 pt. for every 7' depth of buffer (max of 5 points)

1 point - Increase shoreyard setback - 1 point for every 5' of increase

1 point - Permanent plantings (native forbs/shrubs) to screen existing retaining walls 1 pt./35'

1 point - Removal of retaining wall - for every 100 square foot of face area

2 points - DNR approved rip rap or vegetated shore treatment

2 points - Code compliant POWTS (installed after 1980)

3 points - Removal of second access to shore

3 points - Rain garden

3 points - Roof run off collection system

4 points - Removal of legally constructed sand beach/pea gravel

2 points - No grade change within 75 feet of OHWM

4 points - No boathouse

5 points - Preserve existing permanent native buffer (OHWM extended 35' landward)

TBD points - Other method approved by LURM based on proposal and points assessed based on impact

8.

Mitigation plan. For lots or parcels that exceed the impervious surface standard, but do not exceed the maximum impervious surface standard, the County may issue a complete permit that requires a mitigation plan reviewed and approved by the County Zoning Division and Land Conservation Division (if applicable) and implemented by the property owner by the date specified in the permit. The application shall include the following:

a.

A site plan that describes the proposed mitigation measures. The site plan shall be designed and implemented to restore natural functions lost through development and human activities.

b.

The mitigation measures shall be proportional in scope to the amount and impacts of the impervious surface being permitted to establish or maintain measures adequate to offset the impacts of the impervious surface on water quality, near-shore habitat, upland wildlife habitat and natural scenic beauty.

c.

The mitigation plan shall include an implementation schedule and enforceable obligations on the property owner to establish and maintain the mitigation measures.

d.

The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the County Register of Deeds.

9.

Treated impervious surfaces; The impervious surface calculation may exclude any existing or proposed impervious surface where the property owner can show the County that runoff from the impervious surface is treated by existing or proposed devices such as storm water ponds, constructed wetlands, infiltration systems, rain gardens, bioswales or other engineered systems, or that the runoff discharges to internally drained pervious area that retains the runoff on or off the parcel to allow infiltration into the soil. If a property owner or subsequent property owner fails to maintain the treatment system, treatment device or internally drained area, the impervious surface is no longer exempt under this ordinance.

a.

For smaller sites, such as those usually associated with shoreland areas, hydrologic modeling is not necessary if the landowner simply infiltrates or treats the first ½ inch of runoff discharging from the existing and planned impervious surfaces. This method shall demonstrate how the infiltration system and/or best management practice(s) will result in the exceedance of the following storm water discharge standards:

1.

Capture 80% of the total suspended solids (i.e. sediment/water quality standard);

2.

Infiltrate 90% of the predevelopment runoff volume (i.e. runoff volume standard).

b.

The County may exclude an impervious surface from the impervious surface calculation provided the property owner can demonstrate that one or more of the following general standards apply, and the existing or proposed infiltration system or best management practice(s) conform to County Conservation Standards or the applicable technical standards:

1.

One-half inch of runoff from the area of impervious surface is treated by a storm water BMP, complying with the County Conservation Standards, or

2.

One-half inch of runoff from the surface is discharged to an internally drained pervious area that retains the runoff on or off the parcel to allow infiltration into the soil.

c.

A storm water management plan and permit must be approved by the County, pursuant to the Walworth County Storm Water Management Ordinance, Chapter 26, Walworth County Code of Ordinances.

F).

Height. To protect and preserve wildlife habitat and natural scenic beauty, the height restrictions stated elsewhere in this ordinance shall be limited that no construction shall result in a structure taller than 35 feet within 75 feet of the ordinary high-water mark of any navigable waters.

G).

Substandard structures. Substandard (nonconforming structure per NR 115) shore yard setback for a principal structure. Section 74-219 may be modified to permit the vertical expansion of a substandard shore yard setback for a principal structure to a height of 35 feet. An existing principal structure that was legally constructed but that does not comply with the required shore yard setback requirement shall comply with all of the following requirements:

1.

The height is limited to 35 feet if any part of the structure is located less than 75 feet from the ordinary high water mark.

2.

Maintenance, repair, replacement, restoration, rebuild, removal, remodeling or vertical expansion of substandard principal structure. An existing principal structure that was lawfully placed when constructed but that does not comply with the required shore yard setback may be maintained, repaired or replaced on the property provided all of the following requirements are met:

a.

Shall be located in the footprint.

b.

May permit a vertical expansion to a height of 35 feet.

c.

An expansion to the footprint is only permitted if the expansion is necessary for the structure to comply with applicable state or Federal requirements.

d.

A mitigation plan is not required solely for activity under this paragraph but may be required under E.) Impervious surface.

3.

A substandard structure in the shore yard is permitted to expand the footprint if the expansion is necessary for the structure to comply with applicable state and Federal requirements. The height is limited to 35 feet if any part of the structure is located less than 75 feet from the ordinary high water mark.

4.

A one-time lateral expansion is limited to a maximum of 200 square feet over the life of the structure provided the existing principal structure is at least 35 feet from the ordinary high water mark. No portion of the expansion may be any closer to the ordinary high water mark than the closest point of the existing principal structure. The County may issue a permit for a lateral expansion that requires a mitigation plan approved by the County and implemented by the property owner by the date specified in the permit.

a.

The existing principal structure is at least 35 feet from the ordinary high water mark.

b.

The County shall issue a permit for a lateral expansion that requires a mitigation plan approved by the County and implemented by the property owner by the date specified in the permit.

c.

The mitigation plan shall include enforceable obligations of the property owner to establish or maintain measures adequate to offset the impacts of the impervious surface on water quality, near-shore habitat, upland wildlife habitat and natural scenic beauty.

d.

The mitigation measures shall be proportional to the amount and impacts of the impervious surface. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the County Register of Deeds.

e.

The height is limited to 35 feet if any part of the structure is located less than 75 feet from the ordinary high water mark.

f.

All other provisions of the shoreland zoning ordinance shall be met.

5.

Relocation of substandard principal structure. An existing principal structure that was lawfully placed when constructed but that does not comply with the required shore yard setback may be relocated on the property provided all of the following requirements are met:

a.

The existing principal structure is at least 35 feet from the ordinary high water mark.

b.

The relocation of the principal structure shall comply with the shoreland setback requirement.

c.

If there is an increase in impervious surface area, the mitigation plan shall include enforceable obligations of the property owner to establish or maintain measures adequate to offset the impacts of the impervious surface on water quality, near-shore habitat, upland wildlife habitat and natural scenic beauty.

d.

If there is an increase in impervious surface area, the mitigation measures shall be proportional to the amount and impacts of the impervious surface. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the County Register of Deeds.

e.

The height is limited to 35 feet if any part of the structure is located less than 75 feet from the ordinary high water mark.

f.

All other provisions of the shoreland ordinance shall be met.

6.

Expansion of substandard principal structure beyond setback. An existing principal structure that was legally constructed but that does not comply with the required shore yard setback requirement may be expanded horizontally, landward or vertically provided that the expanded area meets the shore yard setback requirements and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for activity under this paragraph but may be required under E.) Impervious surface. The height is limited to 35 feet if any part of the structure is located less than 75 feet from the ordinary high water mark.

7.

Maintenance, repair, replacement or vertical expansion of structures that were authorized by variance. (Wis. Stats. § 59.692(1k)(a)2. and (a)4.) A structure of which any part has been authorized to be located within the shoreland setback area by a variance granted before July 13, 2015 may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure. Additionally, the structure may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level. An expansion of a structure beyond the existing footprint is permitted if the expansion is necessary to comply with applicable state or Federal requirements.

8.

All other provisions of the shoreland zoning ordinance shall be met.

H).

Waste materials. No waste materials, such as garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity or temperature so as to contaminate, pollute or harm the waters shall be so located, stored, or discharged in a way that would be likely to run-off, seep, or wash into surface or ground waters.

I).

Animal waste. Tillage, grazing, livestock watering, and the spreading, stacking and stockpiling of manure shall be permitted only when such uses are conducted in accordance with the County's conservation standards, and when such uses do not cause the discharge of animal wastes into drainage ways or surface waters. Spreading of manure or fertilizer on frozen ground, stockpiling or stacking of manure, and the establishment and use of feed lots, shall be prohibited when such practice would cause direct run-off of surface waters into a drainage way or watercourse.

J).

Surface water. Surface water withdrawal, diversion, or discharge for irrigation, processing, or cooling purposes is prohibited except upon issuance of a special permit by the State Department of Natural Resources.

(Ord. of 6-11-02; Amd. of 4-22-04; Amd. of 4-19-05; Ord. No. 457-09/07, pt. I, 9-11-07; Ord. No. 580-10/09, pt. I, 10-13-09; Ord. No. 591-12/09, pt. XXXVII, 12-15-09; Ord. No. 740-09/12, pt. XXII, 9-6-12; Ord. No. 1000-09/16, pt. XVIII, 9-6-16; Ord. No. 1049-06/17, pt. XXXI, 6-13-17; Ord. No. 1171-06/19, pt. XXI, 6-11-19; Ord. No. 1280-07/22, pt. II, 7-12-22; Ord. No. 1320-07/23, pt. I, 7-11-23)

Editor's note— Ord. No. 1000-09/16, pt. XVIII, adopted September 6, 2016, amended the Code by renumbering former § 74-167 as a new § 74-174. Further, Ord. No. 1000-09/16, pt. VIII renumbered former 74-174 as a new subsection 74-164.

Editor's note— Ord. No. 1000-09/16, pt. XII, adopted September 6, 2016, amended the Code by renumbering § 74-175 as a new § 74-168.

For the purpose of this ordinance, the County of Walworth, State of Wisconsin, outside the limits of incorporated villages and cities, is hereby divided into the following zoning districts, namely:

The boundaries of these districts are hereby established as shown on a map entitled "Shoreland Zoning Map, Walworth County, Wisconsin," which accompanies and is part of this ordinance. Such boundaries shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way, or such lines extended; and lines identifying boundaries of natural resource areas, as shown by changes in vegetation, slope, and other natural resources base features; unless otherwise noted on the zoning map. All notations, references, and other information shown upon the said zoning map shall be as much a part of this ordinance as if the matter and things set forth by the said map were fully described herein.

(Ord. No. 466-11/07, pt. XIV, 11-13-07; Ord. No. 938-07/15, pt. X, 7-14-15; Ord. No. 1171-06/19, pt. XXII, 6-11-19)

The official copies of the shoreland zoning maps, floodplain maps identified in section 74-173, United States geological survey quadrangle maps and Wisconsin wetland inventory maps that have been adopted and made a part of this ordinance shall be available to the public in the office of the County Zoning Administrator. The Administrator shall from time to time update the shoreland zoning map as necessary to reflect changes in zoning district boundaries effected under division 12 of this ordinance.

County zoning maps in digital format developed with geographic information systems software shall replace the hard copy zoning maps first incorporated into the zoning ordinance on August 13, 1974. Copies of the digital format shall be made available to the public on-line and in the office of the County Zoning Administrator.

(Ord. No. 575-09/09, pt. XV, 9-8-09; Ord. No. 1265-02/22, pt. III, 2-8-22)

A-1 Prime agricultural land district. A Farmland Preservation District. The primary purpose of this district is to maintain highly productive exclusive agricultural lands in food and fiber production by effectively limiting encroachment of non-agricultural development and minimizing land use conflicts among incompatible uses. Such lands are generally covered by Class I, II, and III soils as rated by the U.S. Natural Resource Conservation Service and are identified in the County farmland preservation plan as farmland preservation areas identified under Wis. Stats. § 91.10(1)(d) in a farmland preservation plan described in Wis. Stats. § 91.12(2). As a matter of policy, it is hereby determined that the highest and best use of these lands is agriculture. All structures and improvements must be consistent with agricultural use (Wis. Stats. ch. 91).

(1)

Principal uses.

a.

Farm residence.

b.

Dairying.

c.

Floriculture (cultivation of ornamental flowering plants).

d.

Grazing, subject to regulations in division 2.

e.

Livestock raising.

f.

Orchards.

g.

Paddocks.

h.

Plant nurseries, Christmas tree production.

i.

Poultry raising.

j.

Crop or forage production.

k.

Raising of tree fruits, nuts, and berries.

l.

Sod farming.

m.

Vegetable raising.

n.

Viticulture (grape growing).

o.

Equestrian trails for the farm family.

p.

Forest and game management.

q.

Nature trails and walks for the farm family.

r.

Apiculture (beekeeping).

s.

The separation of farm structures from farmland. The separation of the farm structures must conform with the regulations set forth in sections 74-166 and 74-167 of this ordinance; the parcel shall not be less than 40,000 square feet in area, nor greater than the larger of either five acres in area, or the acreage necessary to maintain the minimum yard required in the A-1, A-2, or A-3 district; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record deed restrictions on both the farm separation parcel and on a parcel which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the adjoining acreage without first obtaining a conditional use approval from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

t.

Enrolling land in a Federal agricultural commodity payment program or a Federal or State agricultural land conservation payment program.

u.

Aquaculture.

v.

Undeveloped natural resource and open space areas.

w.

Commercial feed lot.

x.

Commercial egg production.

y.

Livestock Facility.

(2)

Accessory uses (permitted in accordance with 74-263).

a.

A building, structure, or improvement that is an integral part of and consistent with an agricultural use (for example but not limited to: barn, stable, greenhouse).

b.

Roadside stands not exceeding one per farm, limited to a structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises (or adjoining premises) in conformance with Wis. Stats. ch. 91.01(1).

c.

Minor home occupation/professional home office in conformance with Wis. Stats. ch. 91.01(1).

(3)

Conditional uses. See division 4 for additional requirements.

a.

Additional farm residences. The approval for more than one farm residence is limited to one per a minimum of 35 acres of A-1. If approval is granted for more than one farm residence, the residence may be separated from the farm parcel provided that any parcel so created conforms with all regulations set forth in section 74-166 and 74-167 of this ordinance, except that no such parcel shall be less than 40,000 square feet in area nor greater than the larger of either five acres in area or the acreage necessary to maintain the minimum required; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record a deed restriction on a remnant area which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm residence separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the remnant acreage without first obtaining a conditional use permit that meets all requirements of this ordinance, from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

b.

A migrant labor camp (certified under Wis. Stats. § 103.92).

c.

Mobile homes for farm laborers. The approval for a mobile home is limited to one per 35 acres of A-1 zoned land.

d.

Livestock sales facilities.

e.

Veterinarian facility for livestock.

f.

Fur farms, wild.

g.

Land restoration.

h.

Directional signs (exceeding three).

i.

Sewage disposal plants if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

j.

Airports, airstrips, landing fields and heliports, which are related to agricultural activities (Wis. Stats. ch. 91.46(4)).

k.

Governmental and cultural uses, such as fire, and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

m.

Schools and churches if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

n.

Yard waste composting.

o.

Home occupations that will not impair or limit future or current agricultural use of the farm in conformance with Wis. Stats. § 91.01(1)(d).

p.

Farm family business in the A-1, Prime Agricultural Land District is a use which is accessory to an agricultural use consisting of a farm family business wedding barn and uses listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics. A farm family business may be permitted as a conditional use for farm owners if limited to existing farm residence or farm structures not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

q.

Hunting and fishing club land without structures.

r.

Slurry storage for industrial waste water of agricultural by products.

s.

Placement of any structures on remnant parcels where the separation of farm structures has been approved and separated. All structures and improvements must be an integral part of or incidental to an agricultural use (Wis. Stats. ch. 91).

t.

Hobby farms.

u.

Commercial stables and retail sales related to the stable subject to Committee review and approval.

v.

Agritainment.

(4)

Area, height and yard requirements.

Existing substandard lots. See section 74-221.

A-1NC Prime agricultural land holding district. The primary purpose of this holding district is to provide a temporary zoning district category for lands that are rezoned into a prime agricultural land district that are not currently designated as farmland preservation areas in the Walworth County farmland preservation plan. This district designation is to be considered temporary in nature and will be rezoned to the standard A-1 zoning district at such time as the farmland preservation plan is amended to include A-1NC zoned land as a farmland preservation area, Wis. Stats. § 91.10(1)(d). Additionally, the purpose of this holding district is to maintain highly productive exclusive agricultural lands in food and fiber production by effectively limiting encroachment of non-agricultural development and minimizing land use conflicts among incompatible uses. Such lands are generally covered by class I, II, and III soils as rated by the U.S. Natural Resource Conservation Service and as a matter of policy, it is hereby determined that the highest and best use of these lands is agricultural. All structures and improvements must be consistent with agricultural use (Wis. Stats. ch. 91). Lands zoned A-1NC may be included with A-1 zoned land for purposes of meeting acreage requirements.

(1)

Principal uses.

a.

Farm residence.

b.

Dairying.

c.

Floriculture (cultivation of ornamental flowering plants).

d.

Grazing, subject to regulations in division 2.

e.

Livestock raising.

f.

Orchards.

g.

Paddocks.

h.

Plant nurseries, Christmas tree production.

i.

Poultry raising.

j.

Crop or forage production.

k.

Raising of tree fruits, nuts, and berries.

l.

Sod farming.

m.

Vegetable raising.

n.

Viticulture (grape growing).

o.

Equestrian trails for the farm family.

p.

Forest and game management.

q.

Nature trails and walks for the farm family.

r.

Apiculture (beekeeping).

s.

The separation of farm structures from farmland. The separation of the farm structures must conform with the regulations set forth in sections 74-166 and 74-167 of this ordinance; the parcel shall not be less than 40,000 square feet in area, nor greater than the larger of either five acres in area, or the acreage necessary to maintain the minimum yard required in the A-1, A-2, or A-3 district; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record deed restrictions on both the farm separation parcel and on a parcel which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the adjoining acreage without first obtaining a conditional use approval from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

t.

Enrolling land in a Federal agricultural commodity payment program or a Federal or State agricultural land conservation payment program.

u.

Aquaculture.

v.

Undeveloped natural resource and open space areas.

w.

Commercial feed lot.

x.

Commercial egg production.

y.

Livestock Facility.

(2)

Accessory uses (permitted in accordance with 74-263).

a.

A building, structure, or improvement that is an integral part of and consistent with an agricultural use (for example but not limited to: barn, stable, greenhouse).

b.

Roadside stands not exceeding one per farm, limited to a structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises (or adjoining premises) in conformance with Wis. Stats. § 91.01(1).

c.

Minor home occupation/professional home office in conformance with Wis. Stats. § 91.01(1).

(3)

Conditional uses. See division 4 for additional requirements.

a.

Additional farm residences. The approval for more than one farm residence is limited to one per a minimum of 35 acres of A-1. If approval is granted for more than one farm residence, the residence may be separated from the farm parcel provided that any parcel so created conforms with all regulations set forth in sections 74-166 and 74-167 of this ordinance, except that no such parcel shall be less than 40,000 square feet in area nor greater than the larger of either five acres in area or the acreage necessary to maintain the minimum required; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record a deed restriction on a remnant area which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm residence separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the remnant acreage without first obtaining a conditional use permit that meets all requirements of this ordinance, from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

b.

A migrant labor camp (certified under Wis. Stats. § 103.92).

c.

Mobile homes for farm laborers. The approval for a mobile home is limited to one per 35 acres of A-1 zoned land.

d.

Livestock sales facilities.

e.

Veterinarian facility for livestock.

f.

Fur farms, wild.

g.

Land restoration.

h.

Directional signs (exceeding three).

i.

Sewage disposal plants if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

j.

Airports, airstrips, landing fields and heliports, which are related to agricultural activities (Wis. Stats. § 91.46(4)).

k.

Governmental and cultural uses, such as fire, and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

m.

Schools and churches if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

n.

Yard waste composting.

o.

Home occupations that will not impair or limit future or current agricultural use of the farm in conformance with Wis. Stats. § 91.01(1)(d).

p.

Farm family business in the A-1, prime agricultural land district is a use which is accessory to an agricultural use consisting of a farm family business wedding barn and uses listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics. A farm family business may be permitted as a conditional use for farm owners if limited to existing farm residence or farm structures not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

q.

Hunting and fishing club land without structures.

r.

Slurry storage for industrial waste water of agricultural by products.

s.

Placement of any structures on remnant parcels where the separation of farm structures has been approved and separated. All structures and improvements must be an integral part of or incidental to an agricultural use (Wis. Stats ch. 91).

t.

Hobby farms.

u.

Commercial stables and retail sales related to the stable subject to Committee review and approval.

v.

Agritainment.

(4)

Area, height and yard requirements.

A-2 Agricultural land district. The primary purpose of this district is to maintain, preserve, and enhance agricultural lands historically utilized for crop production but which are not included within the A-1 prime agricultural land district and which are generally best suited for smaller farm units, including truck farming, horse farming, hobby farming, orchards, and other similar agricultural related farming activities.

(1)

Principal uses.

a.

All principal uses permitted in the A-1 prime agricultural land district.

b.

Single-family detached dwellings.

c.

Minor home occupation/professional home office.

(2)

Conditional uses. (See division 4.)

a.

Housing for farm laborers.

b.

Housing for seasonal or migratory farm workers.

c.

Livestock sales facilities.

d.

Animal hospitals, shelters and kennels.

e.

Veterinarian facilities.

f.

Fur farms, wild.

g.

Land restoration.

h.

Ski hills.

i.

Hunting and fishing clubs.

j.

Recreational camps.

k.

Commercial stables and retail sales related to the stable subject to Committee review and approval.

l.

Mobile homes for farm laborers.

m.

Directional signs (exceeding three).

n.

Sewage disposal plants.

o.

Airports, airstrips, and landing fields.

p.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

q.

Schools and churches.

r.

Composting.

s.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

t.

Home occupations.

u.

More than one farm dwelling per section 74-188.

v.

Bed and breakfast establishments.

w.

Conservation development design (five or more dwelling units).

x.

Farm family business in the agricultural land district is a use which is accessory to an agricultural use consisting of a farm family business wedding barn and uses listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics. A farm family business may be permitted as a conditional use for farm owners if limited to existing farm residence or farm structures not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

y.

Hobby farms.

z.

Agritainment

(3)

Conventional design.

Area, height and yard requirements.

(4)

Existing substandard lots. See section 74-221.

(5)

Conservation developments (five or more dwelling units).

a.

Maximum density: one dwelling unit per 20 acres.

b.

Area, height and yard requirements.

c.

Minimum required open space: 60 percent of the net buildable area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9A of the County subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

A-3 Land holding district. The primary purpose of this district is to preserve for a limited time period in agricultural and related open-space land uses those lands generally located adjacent to existing incorporated urban centers within Walworth County where urban expansion is planned to take place on the adopted regional land use plan. It is the intent that urban development be deferred in such areas until the appropriate legislative bodies concerned determine that it is economically and financially feasible to provide public services and facilities for uses other than those permitted in the district. It is intended that the status of all areas in this district be reviewed by the appropriate planning bodies no less frequently than every five years in order to determine whether, in light of current land development trends, there should be a transfer of all or any part of such areas to some other appropriate 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 use or uses.

(1)

Principal uses.

a.

Farm residence.

b.

Dairying.

c.

Floriculture (cultivation of ornamental flowering plants).

d.

Grazing, subject to regulations in division 2.

e.

Livestock raising, except commercial feed lots and livestock facility.

f.

Orchards.

g.

Paddocks.

h.

Plant nurseries, Christmas tree production.

i.

Poultry raising, except commercial egg production.

j.

Crop or forage production.

k.

Raising of tree fruits, nuts, and berries.

l.

Sod farming.

m.

Vegetable raising.

n.

Viticulture (grape growing).

o.

Equestrian trails for the farm family.

p.

Forest and game management.

q.

Nature trails and walks for the farm family.

r.

Apiculture (beekeeping).

s.

The separation of farm structures from farmland. The separation of the farm structures must conform with the regulations set forth in sections 74-166 and 74-167 of this ordinance; the parcel shall not be less than 40,000 square feet in area, nor greater than the larger of either five acres in area, or the acreage necessary to maintain the minimum yard required in the A-1, A-2, or A-3 district; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record deed restrictions on both the farm separation parcel and on a parcel which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the adjoining acreage without first obtaining a conditional use approval from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

t.

Enrolling land in a Federal agricultural commodity payment program or a Federal or State agricultural land conservation payment program.

u.

Aquaculture.

v.

Undeveloped natural resource and open space areas.

(2)

Conditional uses. See division 4.

a.

Housing for farm laborers.

b.

Housing for seasonal and migratory farm workers.

c.

Livestock sales facilities.

d.

Animal hospitals, shelters and kennels.

e.

Fur farms, wild.

f.

Land restoration.

g.

Ski hills.

h.

Mobile homes for farm laborers.

i.

Directional signs (exceeding three).

j.

Sewage disposal plants.

k.

Airports, airstrips, and landing fields, and heliports.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

n.

Composting.

o.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, shelters, parks, playgrounds, museums, and park-and-ride facilities.

p.

Home occupations.

q.

More than one farm dwelling per section 74-188.

r.

Bed and breakfast establishments.

s.

Hobby farms.

t.

Agritainment.

(3)

Area, height and yard requirements.

(4)

Existing substandard lots. See section 74-221.

A-4 Agricultural-related manufacturing, warehousing and marketing district. The primary purpose of this district is to provide for the proper location and regulation of manufacturing, warehousing, storage, and related industrial and marketing activities that are dependent upon or closely allied to the agricultural industry.

(1)

Principal uses.

a.

Fruit store.

b.

Grape growing.

c.

Production of sausages and other meat products providing that all operations be conducted within an enclosed building.

d.

Vegetable store.

e.

Veterinarian facility.

f.

Commercial feed lot.

g.

Commercial egg production.

h.

Livestock Facility.

(2)

Conditional uses.

a.

Contract sorting, grading and packaging services for fruits and vegetables.

b.

Corn shelling, hay baling, and threshing activities.

c.

Bottling of spring water.

d.

Grist mill services.

e.

Horticultural services.

f.

Poultry hatchery services.

g.

Production of animal and marine fat and oils.

h.

Canning of fruits, vegetables, preserves, jams, and jellies.

i.

Canning of specialty foods.

j.

Preparation of cereals.

k.

Production of natural and processed cheese.

l.

Production of chocolate and cocoa products.

m.

Coffee roasting and production of coffee products.

n.

Production of condensed and evaporated milk.

o.

Wet milling of corn.

p.

Cottonseed oil milling.

q.

Production of creamery butter.

r.

Drying and dehydrating fruits and vegetables.

s.

Preparation of feeds for animals and fowl.

t.

Production of flour and other grain mill products.

u.

Blending and preparing of flour.

v.

Fluid milk processing.

w.

Production of frozen fruits, fruit juices, vegetables and other specialties.

x.

Malt production.

y.

Meat packing.

z.

Fruit and vegetable pickling, vegetable sauces and seasoning, and salad dressing preparation.

aa.

Poultry and small game dressing and packing providing that all operations be conducted within an enclosed building.

bb.

Milling of rice.

cc.

Production of shortening, table oils, margarine and other edible fats and oils.

dd.

Milling of soy bean oil.

ee.

Milling of vegetable oil.

ff.

Sugar processing and production.

gg.

Production of wine, brandy, and brandy spirits.

hh.

Livestock sales facilities.

ii.

Grain elevators and bulk storage of feed grains.

jj.

Fertilizer production, sales, storage, mixing, and blending.

kk.

Sales or maintenance of farm implements and related equipment.

ll.

Transportation related activities primarily serving the basic agricultural industry.

mm.

Living quarters for watchman or caretaker.

nn.

Off-season storage or mini-warehouse facilities.

oo.

Animal hospitals, shelter, and kennels.

pp.

Land restoration.

qq.

Directional signs (exceeding three).

rr.

Sewage disposal plants.

ss.

Airports, airstrips and landing fields.

tt.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

uu.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

vv.

Schools and churches.

ww.

Contractor storage yards.

xx.

Production, packing, packaging, and light assembly of products from furs, glass, metals, paper, leather, plaster, plastics, textiles and wood.

yy.

Composting.

zz.

Commercial greenhouses.

aaa.

Flea markets.

bbb.

Commercial stables.

ccc.

Commercial stables with horse shows.

ddd.

Retail sales related to those agricultural uses listed in A-4. The retail sales of ancillary non-agricultural items is subject to detailed plan approval by the Committee.

eee.

Farm food service. The retail sales of ancillary non-agricultural items and agricultural items not produced on the farm are subject to detailed plan approval by the Committee.

fff.

Processing agricultural products.

ggg.

Hobby farms.

hhh.

Microbrewery.

iii.

Agritainment.

(3)

Area, height and yard requirements.

A-5 Rural residential district. The primary purpose of this district is to permit the utilization of relatively small quantities of land in predominantly agricultural areas for rural-residential use. As a matter of policy, it is intended that this district be applied solely to those rural lands that have marginal utility for agricultural use for reasons related to soil, topography, or severance from larger agricultural parcels. It is not intended that this district be utilized to accommodate residential subdivisions as defined in the Walworth County Subdivision Ordinance.

(1)

Principal uses.

a.

Single-family dwellings.

b.

Orchards.

c.

Vegetable raising.

d.

Plant nurseries.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Greenhouses.

b.

Roadside stands not exceeding one per farm.

c.

Residential accessory structures.

d.

Agricultural structures.

e.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Sewage disposal plants.

b.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

c.

Utilities, provided all principal structures and uses are not less than 50 feet from all district lot lines except business, park and industrial.

d.

Schools and churches.

e.

Home occupations.

f.

Bed and breakfast establishments.

g.

Planned residential developments.

h.

Hobby farms.

i.

Animal hospitals, shelters and kennels.

(4)

Area, height and yard requirements.

(5)

Existing substandard lots. See section 74-221.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 7-13-04; Amd. of 5-10-05; Amd. of 8-9-05; Ord. No. 315-09/05, pt. V, 9-8-05; Ord. No. 331-01/06, pt. III, 1-10-06; Ord. No. 353-04/06, pt. VII, 4-20-06; Ord. No. 462-10/07, pt. III, 10-9-07; Ord. No. 591-12/09, pt. XXXIX, 12-15-09; Ord. No. 673-03/11, pt. IV, 3-8-11; Ord. No. 740-09/12, pt. XXIV, 9-6-12; Ord. No. 879-09/14, pt. XVIII, 9-4-14; Ord. No. 938-07/15, pt. XI, 7-14-15; Ord. No. 940-07/15, pt. V, 7-20-15; Ord. No. 996-07/16, pt. IV, 7-28-16; Ord. No. 1049-06/17, pt. XXXII, 6-13-17; Ord. No. 1074-11/17, pt. IV, 11-6-17; Ord. No. 1171-06/19, pt. XXIII, 6-11-19; Ord. No. 1194-11/19, pt. VIII, 11-12-19; Ord. No. 1273-05/22, pt. XII, 5-10-22; Ord. No. 1377-07/25, pt. VI, 7-8-25)

C-2 Upland resource conservation district. The primary purpose of this district is to preserve, protect, enhance, and restore all significant woodlands, related scenic areas, submarginal farm lands, other farmland as allowed by the comprehensive land use plan and abandoned mineral extraction lands within the County. 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 yet permit larger residential lots in these environmentally sensitive areas.

(1)

Principal uses.

a.

Single-family detached dwellings.

b.

Forest preservation.

c.

Forest and game management.

d.

Parks and recreation areas; arboreta; botanical gardens.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Stables.

b.

Residential accessory structures.

c.

Agricultural structures.

d.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Animal hospitals, shelters and kennels.

b.

Land restoration.

c.

Golf courses.

d.

Ski hills.

e.

Yachting clubs and marinas.

f.

Hunting and fishing clubs.

g.

Recreation camps.

h.

Public or private campgrounds.

i.

Commercial stables.

j.

Planned residential developments.

k.

Sewage disposal plants.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Governmental and cultural use such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

n.

Bed and breakfast establishments.

o.

Conservation development design (five or more dwelling units).

p.

Commercial arboretum (outside primary environmental corridors).

q.

Commercial greenhouse (outside primary environmental corridor).

r.

Home occupations.

s.

Hobby farms.

(4)

Conventional design.

Area, height and yard requirements.

(5)

Existing substandard lots. See section 74-221.

(6)

Conservation developments (five or more dwelling units).

a.

Maximum density: one dwelling unit per five acres.

b.

Area, height and yard requirements:

c.

Minimum required open space: 60 percent of the net buildable area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9A of the County subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(The Zoning Agency may modify the interior setback for structures used to house animals to a minimum 25-foot interior setback. The developer must first demonstrate to the County Zoning Agency that the district requirement for agricultural structures cannot be met due to unique shape or characteristic of the property.)

C-3 Conservancy-residential district. The primary purpose of this district is essentially the same as that of the C-2 district, namely the protection and preservation of environmentally significant uplands. It is intended that this district be applied to those upland environmental corridors which already have been divided into relatively small parcels or which, because of their proximity to urban areas, have a very high residential value potential. It is thus intended that this district recognize and attempt to balance man's need for shelter locations with his need to protect and restore the natural environment. Because of its residential character and smaller lot area minimum, farming and commercial recreation uses are not permitted.

(1)

Principal uses.

a.

Forest preservation.

b.

Forest and game management.

c.

Single-family detached dwellings.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Animal hospitals, shelters and kennels.

b.

Planned residence developments.

c.

Sewage disposal plants.

d.

Utilities.

e.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

f.

Bed and breakfast establishments.

g.

Conservation development design (five or more dwelling units).

h.

Home occupations.

(4)

Conventional design.

Area, height and yard requirements.

(5)

Existing substandard lots. See section 74-221.

(6)

Conservation developments (five or more dwelling units).

a.

Maximum density: One dwelling unit per 100,000 sq. ft.

b.

Area, height and yard requirements.

c.

Minimum required open space: 60 percent of the net buildable area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9A of the County subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

C-4 Shoreland Wetland district. The district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat. The primary purpose of this district is to preserve, protect, and enhance the lakes, streams, and wetland areas in Walworth County in a manner that minimizes adverse impacts upon the wetland. The proper regulation of these areas will serve to maintain and improve water quality, both ground and surface; prevent flood damage; protect wildlife habitat; prohibit the location of structures on soils which are generally not suitable for such use; protect natural watersheds; preserve shore cover; preserve natural beauty; and protect the water based recreational resources of the County.

(1)

Designation. The C-4 district includes shorelands wetlands in the jurisdiction of this ordinance which are designated as wetlands on the current Shoreland Zoning Map-Walworth County, Wisconsin and actual field delineations. The most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer (SWDV) is incorporated into this ordinance as a reference in determining the location of wetlands.

(2)

Permitted uses. The following uses are permitted, subject to general shoreland zoning regulations in section 74-173 and 74-174 of this ordinance, the provisions of Wis. Stats. ch. 30 and 31, and the provisions of other State and Federal laws, if applicable:

a.

Activities and uses which do not require the issuance of a zoning permit, but which must be carried on without any filling, flooding, draining, dredging, ditching, tiling or excavating:

1.

Hiking, fishing, trapping, hunting, swimming, and boating;

2.

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;

3.

The practice of silviculture, including the planting, thinning and harvesting of timber;

4.

The pasturing of livestock;

5.

The cultivation of agricultural crops;

6.

The construction and maintenance of duck blinds.

b.

Uses which do not require the issuance of a zoning permit and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating to the extent specifically provided below:

1.

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;

2.

Dike and dam construction and ditching for the purpose of growing and harvesting cranberries; and

3.

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. This 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;

4.

The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction of maintenance;

5.

The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance; and

6.

The maintenance, repair, replacement or re-construction of existing town and County highways and bridges including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

c.

Uses which are allowed upon the issuance of a zoning permit and which may include limited filling flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below:

1.

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:

(i)

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

(ii)

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.

2.

The construction and maintenance of railroad lines, provided that:

(i)

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

(ii)

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.

d.

Uses which are allowed upon the issuance of a conditional use permit as specified under division 4 and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below:

1.

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

(i)

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

(ii)

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards:

(a)

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;

(b)

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

(c)

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.

(iii)

The road shall not be permitted if it will result in significant adverse impacts upon any of the following:

(a)

Storm and flood water storage capacity;

(b)

Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;

(c)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(d)

Shoreline protection against soil erosion;

(e)

Fish spawning, breeding, nursery or feeding grounds;

(f)

Wildlife habitat; or

(g)

Wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas as defined in NR 103.04.

2.

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 wetland preservation, if such building cannot as a practical matter be located outside the wetland, provided that:

(i)

Any such building does not exceed 500 square feet in floor area; and

(ii)

No filling, flooding, draining, dredging, tiling or excavating be done;

3.

The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education area, historic and scientific area, wildlife refuges, game preserves, fish hatcheries and private wildlife habitat areas, provided that:

(i)

Any private recreation or wildlife habitat area must be used exclusively for that purpose;

(ii)

No filling is to be done except limited filling which is necessary for the development of a boat access site; and

(iii)

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

(3)

Prohibited uses. Any use not listed in this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with Wis. Stats. § 59.69(5)(e), NR ch. 115, Wisconsin Administrative Code, and section 74-260 of this ordinance.

(4)

Establishment. When an apparent discrepancy exists between zoning map, the shoreland-wetland district boundary shown on the Wisconsin Wetland Inventory and actual field conditions, the Zoning Administrator shall contact the appropriate field office of the DNR to determine if the shoreland-wetland district as mapped is in error. If the DNR staff determines that a particular area was incorrectly mapped either as a wetland or a non-wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official zoning map, the Zoning Administrator shall be responsible for accepting a shoreland-wetland map amendment within a reasonable period of time.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 7-13-04; Ord. No. 331-01/06, pts. I—III, 1-10-06; Ord. No. 369-07/06, pt. VI, 7-11-06; Ord. No. 466-11/07, pt. XV, 11-13-07; Ord. No. 575-09/09, pt. XVI, 9-8-09; Ord. No. 591-12/09, pt. XL, 12-15-09; Ord. No. 740-09/12, pt. XXV, 9-6-12; Ord. No. 940-07/15, pt. VI, 7-20-15; Ord. No. 1000-09/16, pt. XX, 9-6-16; Ord. No. 1049-06/17, pt. XXXIII, 6-13-17; Ord. No. 1171-06/19, pt. XXIV, 6-11-19)

P-1 Recreational park district. The P-1 district is used to provide for areas where the open space and recreational needs, both public and private, of the citizens can be met without undue disturbance of natural resources and adjacent uses.

(1)

Principal uses.

a.

Parks, general recreation.

b.

Parks, leisure and ornamental.

c.

Forest reserves.

d.

Boat rentals and boat access sites.

e.

Golf courses.

f.

Gymnasiums and athletic clubs.

g.

Ice skating rink.

h.

Picnic grounds.

i.

Playfields and athletic fields.

j.

Playgrounds.

k.

Play lots and tot lots.

l.

Recreational access ways.

m.

Forest and game management.

(2)

Conditional uses. (See division 4.)

a.

Golf course country clubs.

b.

Ski hills.

c.

Yachting clubs and marinas.

d.

Hunting and fishing clubs.

e.

Recreation camps.

f.

Public or private campgrounds.

g.

Planned campground developments.

h.

Cultural activities.

i.

Amusement activities.

j.

Public assembly uses.

k.

Commercial stables.

l.

Archery ranges.

m.

Golf driving ranges.

n.

Firearm ranges, skeet, trap and rifle.

o.

Sports fields.

p.

Polo fields.

q.

Roller skating rinks.

r.

Sewage disposal plants.

s.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, museums, and park-and-ride facilities.

t.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

u.

Schools and churches.

v.

Recycling centers.

w.

Composting.

x.

Lake management facilities and activities, including equipment and vehicles used in lake weed harvesting and off-loading activities.

y.

Land restoration.

z.

Caretaker's quarters.

aa.

Commercial stables with horse shows.

bb.

Shared parking.

(3)

Area, height, and yard requirements.

P-2 Institutional park districts. The P-2 district is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.

(1)

Principal uses.

a.

Churches synagogues, and temples.

b.

Rectories and convents.

c.

College dormitories.

d.

Hospitals.

e.

Schools.

f.

Monasteries.

g.

Nursing homes.

h.

Nursery schools and day care centers.

i.

Orphanages.

j.

Retirement homes.

k.

Universities and colleges.

l.

Lodges and fraternal buildings.

m.

Town hall, town garage, police and fire stations.

n.

Golf courses.

(2)

Conditional uses. (See division 4.)

a.

Golf course country clubs.

b.

Ski hills.

c.

Yachting clubs and marinas.

d.

Recreation camps.

e.

Public or private campgrounds.

f.

Planned campground developments.

g.

Cultural activities.

h.

Public assembly uses.

i.

Commercial stables.

j.

Archery ranges.

k.

Golf driving ranges.

l.

Firearm ranges, skeet, trap, rifle.

m.

Sports fields.

n.

Polo fields.

o.

Sewage disposal plants.

p.

Airports, airstrips, landing fields, and heliports.

q.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

r.

Governmental and cultural uses such as community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

s.

Sanitariums, religious, charitable, penal and correctional institutions, cemeteries, mausoleums, columbaria and crematories.

t.

Recycling centers.

u.

Composting.

v.

Lake management facilities and activities, including equipment and vehicles used in lake weed harvesting and off-loading activities.

w.

Land restoration.

x.

Commercial stables with horse shows.

y.

Shared parking.

(3)

Area, height and yard requirements.

(Ord. of 6-11-02; Amd. of 1-14-03; Ord. No. 466-11/07, pt. XVI, 11-13-07; Ord. No. 591-12/09, pt. XIV, 12-15-09; Ord. No. 685-08/11, pt. VIII, 8-9-11; Ord. No. 873-07/14, pt. III, 7-8-14; Ord. No. 1049-06/17, pt. XXXIV, 6-13-17; Ord. No. 1171-06/19, pt. XXV, 6-11-19; Ord. No. 1273-05/22, pt. XIII, 5-10-22)

R-1 Single-family residence district (unsewered). The single-family residence district is hereby established to provide location for and maintain values of low density single-family development only.

(1)

Principal uses.

a.

Single-family detached dwellings on lots not served by public sanitary sewer.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Bed and breakfast establishments.

i.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

j.

Conservation development design (five or more dwelling units).

(4)

Conventional design.

Area, height and yard requirements.

(5)

Existing substandard lots. See section 74-221.

(6)

Conservation developments (five or more dwelling units).

a.

Maximum density: One dwelling unit per 40,000 sq. ft.

b.

Area, height and yard requirements:

c.

Minimum required open space: 33 percent of the total area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9-A of the county subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. Buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

R-2 Single-family residence district (sewered). The single-family residence district is hereby established to provide location for and maintain values of low density single-family development only.

(1)

Principal uses.

a.

Single-family detached dwellings on lots served by public sanitary sewers.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Bed and breakfast establishments.

i.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

j.

Conservation development design (five or more dwelling units).

(4)

Conventional design.

Area, height and yard requirements.

(5)

Conservation developments (five or more dwelling units).

a.

Maximum density: One dwelling unit per 15,000 square feet.

b.

Area, height and yard requirements.

c.

Minimum required open space: 20 percent of the total area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9-A of the county subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. Buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(6)

Existing substandard lots. See section 74-221.

R-2A Single-family residence district (sewered). The primary purpose of the R-2A district is to require larger residential sewered lots in environmentally sensitive areas. Such environmentally sensitive areas may include but not be limited to, environmental corridors, shoreland areas, and significant woodlands.

(1)

Principal uses.

a.

Single-family detached dwellings on lots served by public sanitary sewers.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Bed and breakfast establishments.

i.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

j.

Conservation development design (five or more dwelling units).

(4)

Conventional design.

Area, height and yard requirements.

(5)

Conservation developments (five or more dwelling units).

a.

Maximum density: One dwelling unit per 40,000 square feet

b.

Area, height and yard requirements:

c.

Minimum required open space: 50 percent of the total area consistent with the prioritized list of resources to conserve and other design considerations of section 11.9-A of the county subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. Buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(6)

Existing substandard lots. See section 74-221.

R-3 Two-family residence district (sewered or unsewered).

(1)

Principal uses.

a.

Single-family detached dwellings.

b.

Two-family dwellings.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

i.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

j.

Conservation development design (five or more dwelling units).

(4)

Conventional design.

Area, height and yard requirements.

(5)

Conservation developments (five or more dwelling units).

a.

Maximum density: (Sewered) one dwelling unit per 7,500 sq. ft.; (unsewered) 40,000 sp. ft. per dwelling unit.

b.

Area, height and yard requirements:

c.

Minimum required open space:

Sewered: 20 percent of the total area consistent with the Prioritized List of Resources to Conserve and Other Design Considerations of Section 11.9 A of the Walworth County Subdivision Ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

Unsewered: 50 percent of the total area consistent with the Prioritized List of Resources to Conserve and Other Design Considerations of Section 11.9 A of the Walworth County Subdivision Ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(6)

Existing substandard lots. See section 74-221.

R-4 Multiple-family residence district (sewered or unsewered). The R-4 district is intended to provide for multiple-family residential development.

(1)

Principal uses.

a.

Single family dwellings.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Two-family dwellings.

b.

Multiple-family dwellings.

c.

Golf courses and country clubs.

d.

Planned residential developments.

e.

Lodges and fraternal buildings.

f.

Nursery schools and day care centers.

g.

Home occupations.

h.

Sewage disposal plants.

i.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

j.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

k.

Schools and churches.

l.

Retirement homes, rest homes, homes for the aged.

m.

Model apartments, model condominiums and related temporary real estate sales office located within the model unit.

n.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

o.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

(4)

Area, height and yard requirements.

(5)

Park and open space lands. Park and open space land, exclusive of required yards, access drives, and parking area shall comprise at least 20 percent of the total development area. Such required park and open space land may be placed in more than one location within the development area provided, however, that no single such area shall contain less than one-half acre and that such area shall have its least dimension more than one-fourth its length.

(6)

Existing substandard lots. See section 74-221.

R-5 Planned residential development district (unsewered). The R-5 district is intended to generally provide for planned developments in an unsewered area with a mixture of residential and business uses.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

One-family detached dwellings.

b.

One-family semi-detached dwellings.

c.

One-family attached dwellings.

d.

Two-family dwellings.

e.

Multiple-family dwellings.

f.

All principal uses permitted in the B-1 local business district, provided that such uses shall not occupy more than 15 percent of the total development area, which include the following: bakeries, barber shops; beauty shops; business offices; clinics; clothing and apparel stores; clubs; confectioneries; delicatessens; drug stores; fish markets; florists; fruit stores; gift stores; grocery stores; hardware stores; hobby shops; lodges; meat markets; optical stores; packaged beverage stores; professional offices; restaurants; self-service and pickup laundry and dry cleaning establishments; sporting goods stores; supermarkets; tobacco stores and vegetable stores.

g.

Golf courses and country clubs.

h.

Ski hills.

i.

Home occupations.

j.

Sewage disposal plants.

k.

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

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

n.

Reserved.

o.

Model apartments, model condominiums and related temporary real estate sales office located within the model unit.

p.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

q.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

(4)

Development density.

Unsewered development: 150 feet in width and 40,000 square feet of lot area per dwelling unit.

(5)

Park and open space land. Park and open space land, exclusive of required yards, access drives, and parking areas, shall comprise at least 20 percent of the total development area. Such required park and open space land may be place in more than one location within the development area provided, however, that no single such area shall contain less than one-half acre and that each area shall have its least dimensions more than one-fourth its length.

(6)

Height and yard requirements.

(7)

Existing substandard lots. See section 74-221.

R-5A Planned residential development district (sewered). The R-5A district is intended to generally provide for planned developments in a sewered area with a mixture of residential and business uses.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

One-family detached dwellings.

b.

One-family semi-detached dwellings.

c.

One-family attached dwellings.

d.

Two-family dwellings.

e.

Multiple-family dwellings.

f.

All principal uses permitted in the B-1 local business district, provided that such uses shall not occupy more than 15 percent of the total development area, which include the following: bakeries, barber shops, beauty shops, business offices, clinics, clothing and apparel stores, clubs, confectioneries, delicatessens, drug stores, fish markets, florists, fruit stores, gift stores, grocery stores, hardware stores, hobby shops, lodges, meat markets, optical stores, packaged beverage stores, professional offices, restaurants, self-service and pickup laundry and dry cleaning establishments, sporting goods stores, supermarkets, tobacco stores and vegetable stores.

g.

Golf courses and country clubs.

h.

Ski hills.

i.

Home occupations.

j.

Sewage disposal plants.

k.

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

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

n.

Reserved.

o.

Model apartments, model condominiums and related temporary real estate sales office located within the model unit.

p.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

q.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

(4)

Development density.

Sewered development: Maximum eight dwelling units per net developable acre.

(5)

Park and open space land. Park and open space land, exclusive of required yards, access drives, and parking areas, shall comprise at least 20 percent of the total development area. Such required park and open space land may be placed in more than one location within the development area provided, however, that no single such area shall contain less than one-half acre and that each area shall have its least dimensions more than one-fourth its length.

(6)

Height and yard requirements.

(7)

Existing substandard lots. See section 74-221.

R-6 Planned mobile home park residence district. The R-6 district is intended to generally provide for planned mobile home developments.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Mobile and modular homes.

b.

Planned residential development

c.

Accessory buildings for the purpose of providing laundry and recreational facilities and for the sale of convenience food and related items primarily for and to mobile home residents.

d.

Golf courses and country clubs.

e.

Home occupations.

f.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

g.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

h.

Schools and churches.

i.

Model mobile home and related temporary real estate sales office located within the model unit.

j.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

k.

Single-family detached dwellings:

1.

(Sewered) 100-foot width and 15,000 sq. ft. per dwelling unit;

2.

(Unsewered) 150-foot width and 40,000 sq. ft. per dwelling unit.

(4)

Mobile home development density. Maximum five dwelling units per net developable acre.

(5)

Mobile home area, height and yard requirements.

(6)

Existing substandard lots. See section 74-221.

R-7 Mobile home subdivision residence district (sewered or unsewered). The R-7 district is intended to generally provide for the location of mobile home subdivisions in a residential setting.

(1)

Principal uses.

a.

Mobile and modular homes.

b.

Single-family detached dwellings.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Model mobile home and related temporary real estate sales office located within the model unit.

i.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

(4)

Area, height, and yard requirements.

(5)

Existing substandard lots. See section 74-221.

R-8 Multiple-family residence district (sewered or unsewered). The R-8 district is intended to generally provide for multiple family residential development.

(1)

Principal uses.

a.

Multiple-family dwelling units.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-165.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Golf courses and country clubs.

b.

Single-family dwellings.

c.

Two-family dwellings.

d.

Planned residential developments.

e.

Home occupations.

f.

Sewage disposal plants.

g.

Governmental and cultural uses such as police stations, community centers, libraries, public emergency shelters, museums and park-and-ride facilities.

h.

Parks and playgrounds.

i.

Model apartments, model condominiums and related temporary real estate sales office located within the model unit.

j.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

k.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

(4)

Area, height and yard requirements.

(5)

Developmental density. Maximum four dwelling units per net developable acre.

(6)

Park and open space land. Park and open space land, exclusive of required yards, access drives and parking areas, shall comprise at least 20 percent of the total development area. Such required park and open space land may be placed in more than one location within the development area provided, however that no single such area shall contain less than one-half acre and that each area shall have its least dimension more than one-fourth its length.

(7)

Existing substandard lots. See section 74-221.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 7-13-04; Ord. No. 331-01/06, pt. IV—VII, 1-10-06; Ord. No. 333-01/06, pt. II, 1-10-06; Ord. No. 353-04/06, pt. VIII, 4-20-06; Ord. No. 436-05/07, pt. IV, 5-8-07; Ord. No. 466-11/07, pt. XVII, 11-13-07; Ord. No. 591-12/09, pt. XLI, 12-15-09; Ord. No. 740-09/12, pt. XXVI, 9-6-12; Ord. No. 1049-06/17, pt. XXXV, 6-13-17; Ord. No. 1171-06/19, pt. XXVI, 6-11-19; Ord. No. 1273-05/22, pt. XIV, 5-10-22)

B-1 Local business district. The B-1 district is intended to generally provide for orderly and appropriate regulations to insure the compatibility of the diverse uses of retail and customer service establishments typically found in a localized general downtown type area.

(1)

Principal uses. The following uses are principal uses provided that they shall be retail establishments selling and storing primarily new merchandise.

a.

Bakeries.

b.

Barber shops.

c.

Beauty shops.

d.

Business offices.

e.

Clinics.

f.

Clothing and apparel stores.

g.

Clubs.

h.

Confectioneries.

i.

Delicatessens.

j.

Drug stores.

k.

Fish markets.

l.

Florists.

m.

Fruit stores.

n.

Gift stores.

o.

Grocery stores.

p.

Hardware stores.

q.

Hobby shops.

r.

Library

s.

Meat markets (retail sales - no slaughtering).

t.

Museum.

u.

Optical stores.

v.

Packaged beverage stores.

w.

Professional offices.

x.

Restaurants.

y.

Self-service and pick-up laundry and dry cleaning establishments.

z.

Sporting goods stores.

aa.

Supermarkets.

bb.

Tobacco stores.

cc.

Vegetable stores.

dd.

Antique shops.

ee.

One residential dwelling unit when located within the principal business structure.

(2)

Conditional uses. (See division 4.)

a.

Off-season storage or mini-warehouse facilities.

b.

Lodges and fraternal buildings.

c.

Nursing homes.

d.

Nursery and day care centers.

e.

Retirement homes.

f.

Vehicle sales and service.

g.

Gasoline service stations, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right of way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right of way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

h.

Public parking lots.

i.

Taxi stands.

j.

Sewage disposal plants.

k.

Governmental and cultural uses such as fire and police stations, community centers, public emergency shelters, parks, playgrounds, and park-and-ride facilities.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

n.

Car wash.

o.

Planned unit developments. Building separation: The minimum building separation shall be 30 unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

p.

Shared parking.

q.

One dwelling unit when located outside the principal business structure.

r.

Establishments serving food or beverages for consumption outside the principal structure.

(3)

Area, height and yard requirements.

B-2 General business district. The B-2 general business district is intended to provide for more business and trades of a more general nature, normally serving a larger trade area.

(1)

Principal uses.

a.

All principal uses permitted in the B-1, local business district.

b.

Appliance stores.

c.

Caterers.

d.

Clothing repair shops.

e.

Crockery stores.

f.

Department stores.

g.

Electrical supply.

h.

One dwelling unit when located within the principal business structure.

i.

Financial institutions.

j.

Food lockers.

k.

Furniture stores.

l.

Furniture upholstery shops.

m.

Heating supply.

n.

Hotels and motels.

o.

Laundry and dry cleaning establishments employing not over seven persons.

p.

Library.

q.

Liquor stores, bars, taverns, cocktail lounges.

r.

Museum.

s.

Music stores.

t.

Newspaper offices and press rooms.

u.

Night clubs and dance halls.

v.

Office supply stores.

w.

Pawn shops.

x.

Personal service establishments.

y.

Pet shops.

z.

Photographic supplies.

aa.

Plumbing supplies.

bb.

Printing.

cc.

Private clubs.

dd.

Publishing.

ee.

Radio broadcasting studios.

ff.

Second-hand stores.

gg.

Television broadcasting studios.

hh.

Trade and contractor's offices.

ii.

Upholster's stores.

jj.

Variety stores.

kk.

Boat and marine supplies not including manufacturing.

ll.

Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure, residential zoning districts (R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, R-8, A-5, C-3, B-5, B-6), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

(2)

Conditional uses. (See division 4.)

a.

Public assembly uses.

b.

Animal hospitals, shelters and kennels.

c.

Commercial recreational facilities.

d.

Off-season storage or mini-warehouse facilities.

e.

Lodges and fraternal buildings.

f.

Nursing homes.

g.

Nursery and day care centers.

h.

Retirement homes.

i.

Drive-in theater.

j.

Funeral homes.

k.

Drive-up banks.

l.

Establishments serving food or beverages for consumption outside the principal structure.

m.

Vehicle sales and services.

n.

Public parking lots.

o.

Public passenger transportation terminals.

p.

Sewage disposal plants.

q.

Building contractors storage yards.

r.

Governmental and cultural uses such as fire and police stations, community centers, public emergency shelters, parks, playgrounds, park and ride facilities.

s.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

t.

Heliports.

u.

Schools and churches.

v.

Hospitals, sanitariums, religious, charitable, penal and correctional institutions, cemeteries, mausoleums, columbaria and crematories.

w.

Packing, packaging, and light assembly of products from furs, glass, metals, paper, leather, plaster, plastics, textiles, and wood.

x.

Tanning studios.

y.

Small engine repair shops.

z.

Flea markets.

aa.

Tattoo parlors.

bb.

Car wash.

cc.

Gasoline service station, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right of way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right of way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

dd.

Planned unit developments. Building separation: The minimum building separation shall be 30 unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

ee.

Shared parking.

ff.

One dwelling unit when located outside the principal business structure.

(3)

Area, height and yard requirements.

B-3 Waterfront business district. The B-3 district is intended to generally provide for orderly and appropriate regulations to insure the compatibility of the diverse uses of retail and customer service establishments typically found on waterfront property.

(1)

Principal uses.

a.

Bakery.

b.

Boat rental and boat access (ten or less boats).

c.

Boat liveries (ten or less boats).

d.

Clothing and apparel store.

e.

Clothing repair shop.

f.

Confectioneries retail sales.

g.

Delicatessen.

h.

Fish market.

i.

Florist.

j.

Fruit store.

k.

Fur apparel, retail sales.

l.

Furniture upholstery shop.

m.

Furniture store.

n.

Gift store.

o.

Grocery store.

p.

Hardware store.

q.

Library.

r.

Meat market (retail sales - no slaughtering).

s.

Museum.

t.

Music store.

u.

Office supply store.

v.

Offices, professional.

w.

Office, business.

x.

Office, trade/contractor.

y.

Restaurant.

z.

Second-hand store.

aa.

Sporting goods store.

bb.

Supermarkets.

cc.

Supper clubs.

dd.

Tanning salon.

ee.

Tobacco store.

ff.

Vegetable store.

gg.

Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure, residential zoning districts (R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, R-8, A-5, C-3, B-5, B-6), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

hh.

One dwelling unit when located within the principal business structure.

(2)

Conditional uses. (See division 4.)

a.

All principal and conditional uses permitted in the B-1 and B-2 districts.

b.

Boat rental and boat access sites.

c.

Boats and marine supplies.

d.

Bowling alleys.

e.

Hotels, motels, and tourist courts.

f.

Bait shops.

g.

Skating rinks.

h.

Swimming beaches and pools.

i.

Taverns and bars.

j.

Yachting clubs and marinas.

k.

Bath houses.

l.

Boat liveries.

m.

Dance halls.

n.

Public assembly uses.

o.

Commercial recreational facilities.

p.

Off-season storage or mini-warehouse facilities.

q.

Lodges and fraternal buildings.

r.

Nursing homes.

s.

Nursery and day care centers.

t.

Retirement homes.

u.

Establishments serving food or beverages for consumption outside the principal structure.

v.

Vehicles sales and service.

w.

Public parking lots.

x.

Gasoline service station, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right of way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right of way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

y.

Public passenger transportation terminals.

z.

Sewage disposal plants.

aa.

Governmental and cultural uses such as fire and police stations, community centers, public emergency shelters, parks, playgrounds, and park-and-ride facilities.

bb.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

cc.

Schools and churches.

dd.

Planned unit developments. Building separation: The minimum building separation shall be 30 unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

ee.

Shared parking.

ff.

One dwelling unit when located outside the principal business structure.

(3)

Area, height, and yard requirements.

B-4 Highway business district. The B-4 district is intended to provide for orderly and appropriate regulations at appropriate locations along principal highway routes to those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.

(1)

Principal uses.

a.

Antique shop with no outside storage.

b.

Bait shop.

c.

Bakery.

d.

Beauty shop.

e.

Candy, nut and confectionary store.

f.

Caterer.

g.

Clothing and apparel store.

h.

Clothing repair shop.

i.

Crockery store.

j.

Delicatessen.

k.

Dwelling unit when located within the principal business structure.

l.

Electrical supply store with no outside storage.

m.

Fish market.

n.

Florist.

o.

Food lockers.

p.

Fruit store.

q.

Fur apparel, retail sales.

r.

Furniture upholstery shop.

s.

Furniture store.

t.

Gift store.

u.

Greenhouses, commercial.

v.

Grocery store.

w.

Hardware store.

x.

Heating supply.

y.

Hobby shop.

z.

Laundry and dry cleaning.

aa.

Library.

bb.

Meat market (retail sales - no slaughtering).

cc.

Museum.

dd.

Music store.

ee.

Office supply store.

ff.

Offices, professional.

gg.

Offices, business.

hh.

Offices, trade/contractors.

ii.

Optical store.

jj.

Photographic store.

kk.

Plumbing store with no outside storage.

ll.

Restaurant.

mm.

Second-hand store with no outside storage.

nn.

Sporting goods store.

oo.

Supermarket.

pp.

Supper club.

qq.

Tanning salon.

rr.

Tires, batteries and accessory store with no outside storage.

ss.

Tobacco store.

tt.

Upholster's store.

uu.

Variety store.

vv.

Vegetable store.

ww.

Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure, residential zoning districts (R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, R-8, A-5, C-3, B-5, B-6), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

(2)

Conditional uses. (See division 4.)

a.

All principal and conditional uses permitted in the B-1 and B-2 districts.

b.

Automobile and truck retail services.

c.

Automobile repair services.

d.

Automotive body repair.

e.

Bars and taverns.

f.

Gasoline service stations, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right of way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right of way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

g.

Hotels, motels, and tourist courts.

h.

Night clubs and dance halls.

i.

Service, and installation of tires, batteries and accessories.

j.

One residential dwelling unit when located outside the principal business structure.

k.

Animal hospitals, shelters, and kennels.

l.

Yachting clubs and marinas.

m.

Public assembly uses.

n.

Commercial recreation facilities.

o.

Off-season storage or mini-warehouse facilities.

p.

Lodges and fraternal buildings.

q.

Nursing homes.

r.

Nursery and day care centers.

s.

Retirement homes.

t.

Establishments serving food or beverages for consumption outside the principal structure.

u.

Drive-up bank.

v.

Vehicle sales and service.

w.

Public parking lots.

x.

Public passenger transportation terminals.

y.

Second hand store with outside storage.

z.

Sewage disposal plants.

aa.

Governmental and cultural uses such as fire and police stations, community centers, public emergency shelters, parks, playgrounds, and park-and-ride facilities.

bb.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

cc.

Schools and churches.

dd.

Planned unit developments. Building separation: The minimum building separation shall be 30 unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

ee.

Commercial arboretum.

ff.

Shared parking.

gg.

One residential dwelling unit when located outside the principal business structure.

hh.

Tow lot.

(3)

Area, height, and yard requirements.

B-5 Planned commercial—Recreation business district. The primary purpose of this district is to permit on a planned basis major commercial-recreation development projects, including recreation-related residential land uses. Such planned development projects are likely to include a large number of different individual land uses which are needed to carry on and support the primary commercial-recreational venture.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Conditional uses. (See division 4.)

a.

Aircraft landing and take-off fields.

b.

Amusement parks and miniature golf courses.

c.

Boat rentals and boat access sites.

d.

Planned campground developments.

e.

Dance halls.

f.

Restaurants, taverns, bars, and night clubs.

g.

Drive-in movies.

h.

Dude ranches.

i.

Fairgrounds.

j.

Health and recreational resorts, including the following uses which may be permitted as a part of the resort complex, provided that either in combination or individually they do not occupy more than 25 percent of the total floor area of the principal resort buildings.

Retail sales.

1.

Antiques.

2.

Books.

3.

Camera and photographic supplies.

4.

Candy, nut and confectionery.

5.

China, glassware, and metal-ware.

6.

Cigars, cigarettes, and tobacco.

7.

Flowers.

8.

Fur apparel.

9.

Gifts stores.

10.

Jewelry.

11.

Men's and boy's clothing and furnishings.

12.

Music supplies.

13.

Newspapers and magazines.

14.

Shoes.

15.

Sporting goods.

16.

Stationery.

17.

Toys.

18.

Women's and girl's clothing and furnishings.

Personal services.

1.

Artists services.

2.

Barber services.

3.

Beauty services.

4.

Dry cleaning.

5.

Laundry.

6.

Photographic studios.

7.

Shoe repair and cleaning services.

8.

Custom tailoring.

9.

Travel arranging services.

k.

Go-cart tracks.

l.

Golf courses and related facilities.

m.

Hotels and motels.

n.

Penny arcades.

o.

Race tracks.

p.

Commercial stables.

q.

Roller skating rinks.

r.

Skiing and tobogganing.

s.

Snowmobile trails.

t.

Swimming beaches.

u.

Skeet trap and rifle ranges.

v.

Animal hospitals, shelters, and kennels.

w.

Golf courses and country clubs.

x.

Ski hills.

y.

Yachting clubs and marinas.

z.

Public or private campgrounds.

aa.

Cultural activities.

bb.

Amusement activities.

cc.

Public assembly uses.

dd.

Archery ranges.

ee.

Golf driving range.

ff.

Firearm range.

gg.

Sports field.

hh.

Polo field.

ii.

Skating rinks.

jj.

Commercial recreational facilities.

kk.

Off-season storage or mini-warehouse facilities.

ll.

Lodges and fraternal buildings.

mm.

Nursing homes.

nn.

Nursery and day care centers.

oo.

Retirement homes.

pp.

Drive-in theaters.

qq.

Motels, hotels, and tourist courts.

rr.

Vehicle sales and services.

ss.

Public parking lots.

tt.

Taxi stands.

uu.

Sewage disposal plants.

vv.

Airports, airstrips, landing fields, and heliports.

ww.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

xx.

Schools and churches.

yy.

Commercial water slides.

zz.

Single-family and multiple-family dwelling units when located on the same site with health or recreational resorts provided, however, that the transfer of ownership of any dwelling units may only include, therewith, a fractional interest in the site on which the dwelling unit is located, and such transfer shall not result in a subdivision or minor subdivision as defined under the Walworth County Subdivision Control Ordinance. Any permitted dwelling units may be used either for the accommodation of transient guests or exclusively for living quarters for one family.

aaa.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

bbb.

Shared parking.

ccc.

Special event campground.

ddd.

Establishments serving food or beverages for consumption outside the principal structure.

eee.

Employer based housing.

(3)

Area, height and yard requirements.

B-6 Bed and breakfast district. The bed and breakfast district is a commercial district, hereby, established to provide areas to include bed and breakfast establishments which meet all State code requirements for such establishments.

(1)

Principal uses.

a.

Bed and breakfast establishments-commercial means any place of lodging that:

1.

Provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients;

2.

Provides no meals other than breakfast and provides the breakfast only to its lodgers;

3.

Is the owner's personal residence;

4.

Is occupied by the owner at the time of rental;

5.

Was originally built and occupied as a single-family residence, or prior to use as a place of lodging, was converted to use and occupied as a single-family residence; and

6.

Has had completed structural additions in accordance with Wis. Stats. § 254.61(1).

(2)

Area, height, and yard requirements.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 5-10-05; Ord. No. 369-07/06, pt. VII, 7-11-06; Ord. No. 466-11/07, pt. XVIII, 11-13-07; Ord. No. 561-06/09, pt. IV, 6-9-09; Ord. No. 563-06/09, pt. IV, 6-9-09; Ord. No. 591-12/09, pt. XLII, 12-15-09; Ord. No. 685-08/11, pt. IX, 8-9-11; Ord. No. 740-09/12, pt. XXVII, 9-6-12; Ord. No. 978-04/16, pt. IV, 4-21-16; Ord. No. 1049-06/17, pt. XXXVI, 6-13-17; Ord. No. 1171-06/19, pt. XXVII, 6-11-19; Ord. No. 1273-05/22, pt. XV, 5-10-22; Ord. No. 1318-07/23, pt. I, 7-11-23; Ord. No. 1319-07/23, pt. V, 7-11-23)

M-1 Industrial district. The M-1 district is intended to provide for manufacturing, industrial and related uses.

(1)

Principal uses.

a.

Automobile repair.

b.

Automotive upholstery.

c.

Cleaning, pressing, and dyeing.

d.

Commercial bakeries.

e.

Commercial greenhouses.

f.

Distributors.

g.

Food locker plants.

h.

Printing.

i.

Publishing.

j.

Trade and contractor offices.

k.

Warehousing.

l.

Wholesaling.

m.

Proving grounds.

n.

Retail sales and service facilities, such as retail-outlet stores, surplus goods stores, and restaurants and food service facilities, when established in conjunction with a permitted manufacturing or processing facility.

o.

Manufacture, fabrication, processing or packaging of food, but not including, because of noxious odors, cabbage, fish and fish products, meat and meat products, pea vining and commercial egg production.

(2)

Conditional uses. (See division 4.)

a.

Living quarters for watchman or caretaker.

b.

Farm machinery plants.

c.

Machine shops.

d.

Painting.

e.

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

f.

Automotive body repairs.

g.

Laboratories.

h.

Manufacture and bottling of non-alcoholic beverages.

i.

Storage and sale of machinery and equipment.

j.

Manufacture, fabrication processing, packaging and packing of confections; cosmetics; electrical appliances; electronic devices; instruments; jewelry; pharmaceuticals; tobacco; and toiletries.

k.

Sewage disposal plants.

l.

Commercial service facility such as restaurants and fueling stations (see sections 74-65/74-192).

m.

Building contractors storage yard.

n.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

o.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

p.

Recycling center.

q.

Composting.

r.

Garbage dumpster rental.

s.

Planned unit developments.

t.

Off-season storage or mini-warehouse facilities.

u.

Shared parking.

v.

Tow lot.

w.

Outside storage and manufacturing areas.

(3)

Area, height, and yard requirements.

M-2 Heavy industrial district. The M-2 district is intended to provide for more intense manufacturing and industrial development.

(1)

Principal uses.

a.

All principal uses permitted in the M-1, industrial district.

b.

Freight yards, terminals, and trans-shipment depots.

c.

Inside storage.

d.

Breweries.

(2)

Conditional uses. (See division 4.)

a.

Living quarters for watchman or caretaker.

b.

Crematories.

c.

All conditional uses in M-1 district.

d.

Pea vineries.

e.

Creameries.

f.

Condenseries.

g.

Manufacture and processing of abrasives, acetylene, acid, alkalis, 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, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of Paris, plastics, poison, polish, potash, pulp, pyroxylin, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles, and varnish.

h.

Manufacture and 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.

i.

Manufacture and bottling of alcoholic beverages.

j.

Bag cleaning, bleacheries, 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.

k.

Outside storage and manufacturing areas.

l.

Wrecking, junk, demolition, automobile salvage yards and scrap yards.

m.

Commercial service facilities.

n.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

o.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

p.

Recycling centers.

q.

Composting.

r.

Planned unit developments.

s.

Off-season storage or mini-warehouse facilities.

t.

Shared parking.

u.

High-bay warehouses using oxygen reduction fire prevention.

(3)

Area, height, and yard requirements.

M-3 Mineral extraction, oil or gas exploration or production district.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Conditional uses. (See division 4.)

a.

Aggregate or ready-mix plant.

b.

Clay, ceramic, and refractor minerals mining.

c.

Crushed and broken stone quarrying.

d.

Mixing of asphalt.

e.

Nonmetallic mining services.

f.

Processing of top soil.

g.

Sand and gravel quarrying.

h.

Washing, refining, or processing of rock, slate, gravel, sand or minerals.

i.

The extension of any existing mineral extraction related uses.

j.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

k.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

l.

Recycling centers.

m.

Composting.

n.

Oil and gas exploration or production.

(3)

Yard requirements. All excavations shall be at least 200 feet from the right-of-way of any public or approved private street or property line, or a shoreline except as follows. The setback for excavations may be reduced to 100 feet from any right-of-way or property line, or those portions of rights-of-way or property lines, where no off-premise residence or parcel zoned R-1, R-2, R-2A, R-3, R-5, R-5A, R-6, R-7, C-3, P-1, P-2 or A-5 exists within 1,000 feet of the property line, or that portion of the property line, in question at the time of issuance or amendment of the conditional use permit. The zoning district assigned to a road right-of-way shall not be considered when determining the 1,000 foot measurement. All accessories, such as offices, parking areas, and stock piles, shall be at least 100 feet from any right-of-way or property line or a shoreline. The Committee may vary these requirements for shallow clay borrow excavation when the excavation and backfilling is conducted in a continuous phase and the borrow material is replaced on site for the re-establishment of the original grade after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this Ordinance. In no case shall the setback requirement be reduced to less than 2½ times the proposed maximum depth. The Committee may modify or eliminate the setback for excavations or accessories from side and rear property lines shared by separate parcels that are to be part of a common excavation if they find that the reduced setback will result in a more desirable reclamation result.

M-4 Sanitary landfill district.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Conditional uses. (See division 4.)

a.

Sewage disposal plants.

b.

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park-and-ride facilities.

c.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

d.

Sanitary landfill operations and incinerators.

e.

Recycling centers.

f.

Composting.

g.

Contaminated soil reclamation.

(3)

Yard and height requirements.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 5-10-05; Ord. No. 466-11/07, pt. XIX, 11-13-07; Ord. No. 591-12/09, pt. XLIII, 12-15-09; Ord. No. 685-08/11, pt. X, 8-9-11; Ord. No. 879-09/14, pt. XIX, 9-4-14; Ord. No. 1049-06/17, pt. XXXVII, 6-13-17; Ord. No. 1171-06/19, pt. XXVIII, 6-11-19; Ord. No. 1244-09/21, pt. IV, 9-14-21; Ord. No. 1366-05/25, pt. III, 5-13-25)

Editor's note— Ord. No. 740-09/12, pt. XXVIII, adopted September 6, 2012, amended the Code by repealing former § 74-184 in its entirety. Former § 74-184 pertained to the wellhead protection overlay district of the Town of Bloomfield, and carried no history note.

Pre-application requests. A pre-application meeting shall be required prior to the submittal of any conditional use request for subdivisions, condominiums or campgrounds of five or more units, or any conditional use request in the A-4, B-1, B-2, B-3, B-4, B-5, M-1, M-2, M-3, or M-4 zone district with buildings 10,000 square foot or greater, or any conditional use requests for land restoration on sites two acres or greater, or any conditional use request for a solar energy system over one megawatt, or upon applicant's request. The pre-application process shall include a sketch plan prepared by a registered land surveyor and the applicable fee. The plans submitted shall be reviewed in a meeting scheduled by the County. The plans shall be reviewed for issues related to, but not limited to, platting, zoning, sanitation, storm water, highway and parks. If a pre-application meeting is held during the changes and amendment (rezone) process, a pre-application meeting is not required during this process.

Application for conditional use permits and amendments shall be made to the County Zoning Administrator on forms furnished by the Administrator and shall include the following where pertinent and necessary for proper review by the Committee:

(1)

Name and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a land surveyor registered in Wisconsin or other map drawn to scale and approved by the County Zoning Administrator, showing the location, property boundaries, dimensions, elevations, uses, and existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site; soil mapping unit lines; mean and historic highwater lines, on or within 40 feet of the subject premises, and existing and proposed landscaping.

(4)

Additional information as may be required by the Committee, County Zoning Administrator, County Land Conservation or County Sanitarian, such as ground surface elevations, basement and first floor elevations, utility elevations, historic and probable future floodwater elevations, areas subject to inundation by floodwaters, depths of inundation, floodproofing measures, soil type, slope, storm water consistent with the storm water management ordinance and boundaries, and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structure of its affects and flood flows.

(5)

Applications. A party shall not initiate action for a conditional use permit affecting the same land more than twice every 12 months. The 12 months to be calculated from the date of the conclusion of the first County Planning, Zoning, and Sanitation Committee public hearing. If a change in a County zoning ordinance or State statute affects the subject matter of the permit request, the party may apply again even if there have been two actions on the same land within the 12-month period.

(6)

Submission to township. A party shall submit a copy of the same application for a conditional use permit to the township where the parcel is located. An applicant shall receive a recommendation from the appropriate township concerning all conditional use applications.

(7)

Applications for conditional use permits and amendments for a livestock facility shall follow the procedures and standards as established in section 74-186.1 and ATCP 51.30; ATCP 51.32; and ATCP 51.34.

(Amd. of 1-11-05; Ord. No. 419-03/07, pt. III, 3-13-07; Ord. No. 466-11/07, pt. XX, 11-13-07; Ord. No. 740-09/12, pt. XXIX, 9-6-12; Ord. No. 879-09/14, pt. XX, 9-4-14; Ord. No. 1049-06/17, pt. XXXVIII, 6-13-17; Ord. No. 1171-06/19, pt. XXIX, 6-11-19)

The Committee shall review the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the affects of the proposed use, structure, operation, and improvement upon flood damage protection, water quality, shoreland cover, natural beauty and wildlife habitat, and shall hold a public hearing after publishing a class 2 notice thereof under Wis. Stats. ch. 985. A recommendation from the appropriate township must be received before a public hearing may be held. Township recommendations must be submitted by the applicant to the Department no later than one week prior to the scheduled hearing. An applicant may be charged a re-notice fee if the recommendation of the township is not received one week prior to the scheduled hearing.

The Committee may authorize the County Zoning Administrator to issue a conditional use permit after review and public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this ordinance as outlined in Sections 74-153 and 74-154 of same, and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the County and its communities. Written notice of the proposed conditional use shall be submitted to the Department of Natural Resources ten days prior to said hearing.

Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, location, size and number of signs, water supply and waste disposal systems, higher performance standards, street dedication, certified survey maps, floodproofing, ground cover, diversions, silting basins, terraces, streambank protection, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or additional parking may be required by the Committee upon its finding that these are necessary to fulfill the purpose and intent of this ordinance, the State Water Resources Act of 1965, and to meet the provisions of the Wisconsin Floodplain and Shoreland Management Programs.

Compliance with all other provisions of this ordinance, such as lot width and area, yard, site regulations, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses, unless specifically permitted to be modified by the Committee in the conditional uses division. Variances and special exceptions shall only be granted as provided in division 10.

It is a violation of this ordinance to begin conducting a use identified as a conditional use in any designated zoning district after the effective date of this ordinance without first obtaining the required zoning and conditional use permits. Furthermore, it is a violation of this ordinance to operate a conditional use activity in violation of the conditions of a conditional use permit approved by the Committee.

Existing uses. All uses existing at the effective date of this ordinance which would be classified as conditional uses in the particular zoning district concerned if they were to be established after the effective date of this ordinance, are hereby declared to be conforming conditional uses. Any proposed change to the existing use, shall be subject to the conditional use procedures as if such use were being established anew. Also, any addition or alteration to existing structures or improvements which exceed 25 percent of the prior structure size or increase by 25 percent or more prior intensity of use shall be subject to the conditional use procedures as if such use were being established anew. Other than as above restricted, additions, alterations, or extensions to existing structures or improvements are not prohibited provided such changes do not result in a change in the existing use or otherwise violate any provision of the applicable Zoning Ordinances of Walworth County, Wisconsin. Campgrounds; salvage, wrecking, junk, demolition, and scrap yards; mineral extraction and related uses; and sanitary landfill uses shall be, unless a waiver is granted by the Administrator, additionally subject to the registration regulations set forth in sections 74-189, 74-192, 74-194 and 74-195 respectively.

A copy of all conditional use permits shall be transmitted to the Wisconsin Department of Natural Resources within 10 days after the issuance of the decision.

Decisions. The Committee may make a decision on conditional use applications at the next regularly scheduled meeting of the Committee.

Amendments. The Committee may make a decision to amend a conditional use decision if the Committee finds the amendment is in keeping with the purpose and intent of the original conditional use decision and receives town approval. Any reconstruction, structural alteration, parking change or signage change that is consistent with the conditional use permit and does not cause an increase of intensity may be reviewed by staff. Any use of the site not capable of being discerned by staff as consistent with the conditional use is subject to additional Committee review. Any addition or alteration to structures or improvements which exceed 25 percent of the structure size or increase by 25 percent or more of the intensity of use shall be subject to a new conditional use process.

Appeals. All appeals regarding conditional uses shall be made to the County Circuit Court via certiorari. Appeals must be commenced seeking the remedy available by certiorari within 30 days after the filing of the decision by the Committee.

(Amd. of 1-11-05; Amd. of 8-9-05; Ord. No. 591-12/09, pt. XLIV, 12-15-09; Ord. No. 613-05/10, pt. VI, 5-11-10; Ord. No. 740-09/12, pt. XXX, 9-6-12; Ord. No. 819-12/13, pt. V, 12-10-13; Ord. No. 879-09/14, pt. XXI, 9-4-14; Ord. No. 1049-06/17, pt. I, 6-13-17; Ord. No. 1049-06/17, pt. XXXIX, 6-13-17; Ord. No. 1130-07/08, pt. IV, 7-10-18; Ord. No. 1194-11/19, pt. IX, 11-12-19)

Editor's note— Ord. No. 1194-11/19, adopted November 12, 2019, amended the Code by repealing former § 74-186.1, which pertained to livestock facility siting, and derived from Ord. No. 879-09/14, adopted September 4, 2014.

In approving or disapproving a conditional use in the floodplain, the Committee shall deny any permit if it is determined (Hydraulic and Hydrologic Analyses) that the proposed development will obstruct flow or causes any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, whichever is more restrictive, unless the provisions of § 74-259 are met. No floodplain use shall obstruct flow, defined as use which blocks the conveyance of floodwaters by itself or with other use, increasing regional flood height or increase regional flood height due to floodplain storage area lost, which equals or exceeds 0.00 foot. The Committee shall consider the purpose and intent of this ordinance and such evidence as a cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed use will obstruct flow or any analysis calculating the effects of this proposal on regional flood height.

Wetland restoration projects shall also provide evidence that no material is deposited in a navigable channel unless a permit is issued by the Department of Natural Resources pursuant to Wis. Stats. ch. 30, and a permit pursuant to sec. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and the other requirements of this section are met. Any fill or material will be protected against erosion and shall not include any solid or hazardous material. A project to restore a wetland area by the installation of best management practices, the applicant must demonstrate that the project restores or improves functional values including increasing flood and storm water storage, maintaining groundwater recharge-discharge, enhanced fisheries and wildlife habitat, improved filtration or storage of sediments, nutrients, and toxins, improved shoreline protection against erosion and any additional wetland functional values. Any damages occurring from wetland restoration will be the responsibility of the applicant(s). Legal arrangements must be made with all affected landowners prior to construction by applicant(s). This is not a mitigation policy, allowing filling of wetlands, but a restoration policy.

Water course alterations subject to written notification to all adjacent municipalities, the Department of Natural Resources and FEMA regional offices. The applicant is further required to secure all necessary State and Federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, and pursuant to div. 12, the applicant shall provide the Zoning Administrator with the appropriate technical or scientific data in accordance with NFIP guidelines for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

Nonconforming structures that are damaged or destroyed by a nonflood disaster shall also comply with the following: limit the repair or reconstruction of any such structure to the footprint and envelope of the structure. If a compliant location exists, the structure should be moved to the compliant location to the greatest extent possible. The structure must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Contiguous dryland access must be provided. Where roads are below the regional flood elevation, making dryland access impractical, approval shall require written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event or the municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines. The structure must be anchored to resist flotation, collapse, and lateral movement. The structure shall be floodproofed, by means other than fill, to an elevation at or above the 100 year recurrence interval floodplain. Floodproofing measures, by means other than filling, shall be designed to withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors, protect structures to the flood protection elevation, anchor structures to foundations to resist flotation and lateral movement, and insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention.

Nonconforming historic structure, not designed for human habitation, shall also comply with the following: A non-conforming historic structure on the historic registry may be altered if the alteration will not preclude the structures continued designation as a historic structure, if flood resistant materials are used, if construction practices and floodproofing methods, other than filling, are used. Floodproofing measures, by means other than filling, shall be designed to withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors, protect structures to the flood protection elevation, anchor structures to foundations to resist flotation and lateral movement, and insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention. Floodproofing measures could include reinforcing walls and floors to resist rupture or collapse caused by water pressure or adding mass or weight to prevent flotation, placing essential utilities above the flood protection elevation, installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures, constructing water supply wells and waste treatment systems to prevent the entry of flood waters, or putting cutoff valves on sewer lines or eliminating gravity flow basement drains.

Low flood hazard potential structures such as industrial, commercial and park loading areas, parking areas, boat ramps, and airport landing strips provided the use is permitted in the zoning district, the structure has low flood damage potential, the structure is associated with permanent open space uses or are functionally dependent on a waterfront location and the structure will not obstruct flow of flood waters or cause any increase in flood elevations upstream or downstream based on a cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow or an analysis calculating the effects of this proposal on regional flood height.

Flood storage district development may only be permitted by the Committee if compatible with the land use plan and the zoning district, is contiguous to other lands lying outside the floodplain, streets servicing the property shall be located outside the floodplain, and if an equal volume of storage, as defined by the ground surface and the regional flood elevation, shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost, the development shall not affect the conveyance capacity by causing an obstruction to flow or storage capacity of the floodplains, such that it causes any increase in the regional flood height or discharge. Excavation below the groundwater table is not considered as providing an equal volume of storage. If compensatory storage cannot be provided, the area may not be developed. Any structure or building used for human habitation (seasonal or permanent) which is to be erected in a flood storage district which is to be erected, constructed, reconstructed, structurally altered or moved into the flood storage district shall be placed on fill with the finished surface of the lowest floor, excluding basement or crawlway, at or above the flood protection elevation. Fill shall be at least one foot above the regional flood elevation and shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon and dryland access shall be provided. If any such structure or building has a basement or crawlway, the surface of the floor of the basement or crawlway shall be at or above the regional flood elevation and shall be floodproofed to the flood protection elevation in accordance with NR116.16. No variance may be granted to allow any floor below the regional flood elevation.

Except for permitted uses, floodplain uses not prohibited in section 74-173 are conditional uses and shall also comply, provided the use is also permitted in the zoning district and the use shall be floodproofed by means other than filling to an elevation at or above the 100 year recurrence interval flood.

The Committee shall request a review of each such floodplain use by the Wisconsin Department of Natural Resources and await their recommendations before taking final action, but not to exceed 60 days. A copy of the Committee's decision on such application shall be forwarded by the Zoning Administrator to the Department within ten days of each decision.

Shoreland special vegetation removal plan allowing greater vegetation removal than that permitted for the view/access corridor in section 74-174 shall require a conditional use permit after public hearing by the Committee. Applicant shall include a survey of the lot providing the following information: location of parking, topography of the land, existing vegetation, proposed cutting, and proposed replanting.

(Ord. of 6-11-02; Amd. of 4-19-05; Ord. No. 575-09/09, pt. XVII, 9-8-09; Ord. No. 591-12/09, pt. XLV, 12-15-09; Ord. No. 875-07/14, pt. IV, 7-28-14; Ord. No. 1171-06/19, pt. XXX, 6-11-19; Ord. No. 1263-12/21, pt. II, 11-18-21; Ord. No. 1265-02/22, pt. IV, 2-8-22)

Except where specifically permitted as a principal use in division 3, the following agricultural and related uses shall be conditional uses and may be permitted as specified. All conditional uses in the A-1 district (farmland preservation district) are limited to those where the use and its location are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize conversion of land at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; and construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. In approving or disapproving the location of a conditional use, the County Zoning Agency shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in sections 74-153 and 74-154 and upon the particular land use problems related to development of the site or sites proposed.

(1)

Single-family dwellings exceeding one per farm parcel in A-2, and A-3 districts provided, however, that such dwellings may only be permitted when consistent with an agricultural use and that are occupied by an owner of the parcel, or a person who, or a family of which at least one adult member earns the majority of his or her gross income from conducting the farm operations on the parcel, or a parent or child of an owner who conducts the majority of the farm operations on the parcel, or a parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel and laborers principally engaged in a principal or approved conditional use and only when the need for such additional units to support and carry on the principal or approved conditional use has been established. If conditional use approval is granted for one or more additional dwellings, such dwellings may be separated from the farm lot provided however, that any parcel so created conforms with all regulations set forth in sections 74-166 and 74-167 of this ordinance, except that no such parcel shall be less than 40,000 square feet in area nor greater than the larger of either five acres in area or the acreage necessary to maintain the minimum required.

(2)

Farm residence exceeding one per farm parcel in the A-1 district is subject to the following requirements:

a.

The location and size of the proposed additional farm residence will not do any of the following:

i.

Convert prime farmland from agricultural use or convert land previously used as crop land, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a nonfarm residential parcel or a nonfarm residence.

ii.

Significantly impair or limit the current or future agricultural use of other protected farmland.

iii.

The approval for more than one farm residence is limited to one per 35 acres of A-1 zoned land, for the owner or operator of the farm, a parent or child of an owner or operator of the farm, an individual who earns more than 50 percent of his or her gross income from the farm. The remnant acreage shall be deed restricted; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record deed restrictions on both the residence parcel and on a parcel which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm residence separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the remnant acreage without first obtaining a conditional use permit from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

(3)

A migrant labor camp for migratory or seasonal farm workers in the A-1 district certified under Wis. Stats. § 103.92 provided the location will not convert prime farmland from agricultural use or convert land previously used as crop land, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location and will not significantly impair or limit the current or future agricultural use of other protected farmland.

(4)

Housing for migratory or seasonal farm workers in the A-2 and A-3 Districts.

(5)

Mobile home in the A-1 district for a farm labor who earns more than 50 percent of his or her gross income from the farm, limited to one per 35 acres of A-1 zoned land provided the location will not convert prime farmland from agricultural use or convert land previously used as crop land, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location and will not significantly impair or limit the current or future agricultural use of other protected farmland.

(6)

Mobile home in the A-2, A-3 district for a farm labor who earns more than 50 percent of his or her gross income from the farm.

(7)

Livestock sales facilities in the A-1, A-1NC, A-2, A-3 and A-4 districts.

(8)

Animal hospitals, shelters, and kennels in the A-2, A-3, A-4 and A-5 agricultural districts, C-2, C-3 and the B-2, B-3, B-4 and B-5 business districts provided that the lot area is not less than five acres and further provided that, if animals are to be housed outside, there is a minimum building separation of 1,000 feet from the nearest residential structure existing at the time of the issuance of a zoning permit.

(9)

Veterinarian facilities in the A-1, A-2 and A-4 districts.

(10)

Commercial stables in the A-1, A-1NC, A-2, A-4, C-2, P-1, P-2 and B-5 districts. Tack rooms associated with commercial stables shall be used only by the owner and boarders. When located in the A-1 or A-1NC district, the use must be an integral part of, or incidental to, an agricultural use and the use shall not require any additional buildings, structures, or improvements not already existing on the farm unless the building, structure, or improvement is determined to be temporary in nature by the Committee during the conditional use process.

(11)

Commercial stables with horse shows and tack shop that permits off-site retail sales in the A-4 and P-1 districts.

(12)

Fur farms, wild in the A-1, A-2, and A-3 districts.

(13)

Land restoration in the A-1, A-2, A-3, A-4, and C-2 districts when conducted in accordance with the County conservation standards. Any project designed and certified by NRCS, Land Conservation or the Department of Natural Resource Fish and Wildlife or water quality ponds may be exempt from the conditional use process.

(14)

Agricultural-related manufacturing, warehousing, and marketing activities in the A-4 district, including contract sorting, grading, and packaging services for fruits and vegetables; corn shelling, hay baling, and threshing services; spring water bottling; grist mill services; horticultural services; poultry hatchery services; production of animal and marine fat and oil; canning of fruits, vegetables, preserves, jams, and jellies; canning of specialty foods; preparation of cereals; production of natural and processed cheese; production of chocolate and cocoa products; coffee roasting and production of coffee products; production of condensed and evaporated milk; wet milling of corn, cottonseed oil milling; production of creamery butter; drying and dehydrating fruits and vegetables; preparation of feeds for animal and fowl; production of flour and other grain mill products; blending and preparing of flour; fluid milk processing; production of frozen fruits, fruit juices, vegetables, and other specialties; malt production; meat packing; fruit and vegetable pickling, vegetable sauces and seasoning, and salad dressing preparation; poultry and small game dressing and packing, providing that all operations be conducted within an enclosed building; milling of rice; production of sausages and other meat products; providing that all operations be conducted within an enclosed building; production of shortening, table oils, margarine and other edible fats and oils; milling of soy bean oil; milling of vegetable oil; sugar processing and production; farm food service; livestock sales facilities; grain elevators and bulk storage of feed grain; fertilizer production, sales, mixing, storage and blending; sales or maintenance of farm implements and related equipment; and transportation-related activities primarily serving the basic agricultural industry. Any outside storage or display areas in conjunction with the above commercial and related uses may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall the area be closer than 25 feet to any right-of-way.

(15)

Placement of any structures in the A-1 prime agricultural land district, A-2 agricultural land district and A-3 agricultural holding district on remnant parcels where the separation of farm structures has been approved and separated.

(16)

Farm family business in the A-1, prime agricultural land district and the A-2, agricultural land district is a use which is accessory to an agricultural use consisting of uses listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics. A farm family business may be permitted as a conditional use for farm owners if limited to existing farm residence or farm structures not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

(17)

Farm family business wedding barn in the A-1, Prime Agricultural Land District and the A-2, Agricultural Land District is a use which is accessory to an agricultural use. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland. Caterers and band members shall not be considered employees of the farm family business if hired by the family renting the barn. The use shall not require any additional buildings, structures or improvements other than those existing on the farm. Farm family business events shall be limited to 12 per year. All food and beverage shall be brought on site by the family renting the barn for the specific family event or by a caterer hired by the family renting the barn. No liquor license shall be applied for or issued for use of the barn for family events. No retail sales shall be allowed on site. Outside use of farm family business wedding barn shall be limited to the outside area identified on a plan for review and approval by the Committee. Parking shall be made available on site during the use of the barn for family events. There shall be no parking on the public or private streets. Exclusive (non-burdened) access to the parking area must be provided. All parking shall meet the size, setback and separation distances of this ordinance.

(18)

Signage for approved business on A-4 provided the sign is located at least five feet from property lines.

(19)

Off-season storage facilities for boats, and other recreational vehicles, such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes in the A-4 district. Any outside storage or display areas in conjunction with this use may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

(20)

Microbreweries, and the production of wine, brandy and brandy spirits in the A-4 district. Any bottling or packaging on site shall be conducted solely for the beer, wine, brandy and brandy spirits produced on site. The Committee must approve any service of alcohol on site. Any alcohol served shall be limited to products produced on site unless otherwise approved by the Committee. Any service of alcohol shall be for tasting, promotional, and/or educational purposes and such activity must be discernible from a bar or tavern. The Committee may consider limited quantities served, site design, or other operational methods to make such a distinction. Any retail sales of ancillary items are subject to a detailed list of those items approved by the Committee. All outdoor activities are subject to Committee review and approval. The Committee may approve the use of food trucks during agricultural related events at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(21)

Mini-warehouse facilities in the A-4 zoning district.

(22)

Hunting and fishing club land without structures in the A-1 zoning districts.

(23)

Retail sales related to those agricultural uses listed in A-4. The retail sales of ancillary non-agricultural items is subject to detailed plan approval by the Committee. The Committee may approve the use of food trucks during agricultural related events at a density of one food truck on parcels less than one half acre, two food trucks on parcels of one half acre to one acre, and three food trucks on parcels over one acre. Food trucks may be allowed on A-1, A-1NC, A-2, A-3 and A-4 zoned areas of the parcel. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(24)

Home occupations in the A-1 district, not to exceed 25 percent of the area of any floor of a building on the parcel. Such operations shall not involve any external alteration that would effect a substantial change in the residential character of the building or parcel, may include employees and stock and trade may be kept or sold from the premises after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance.

(25)

Airports, airstrips, and landing fields, excluding heliports, in the A-1 district, provided the parcel is at least 35 acres in size and the same is related to agricultural activities.

(26)

Directional signs that exceed three in number in the A-1, A-2, A-3, and A-4 districts.

(27)

Heliports in the A-1 district, provided that the parcel is at least 35 acres in size and the same is related to agricultural activities and that the principal structures and uses are not less than 100 feet from any residential district boundary.

(28)

Governmental and cultural uses in the A-1 district such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums in the A-1 district if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(29)

Utilities in the A-1 district provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial, which will require a ten-foot setback if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. Utilities required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those utilities required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit.

(30)

Public, parochial, and private elementary and secondary schools in the A-1 district provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(31)

Churches in the A-1 district provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(32)

Hobby farm: On a hobby farm zoned A-1, A-1NC, A-2, A-3, A-4, A-5, and C-2, that is not abutting an R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, R-8, and C-3 residential district existing at the time of the conditional use request, the County Zoning Agency may modify the rear and side yard setbacks for buildings used to house animals to a 50-foot rear yard setback and a 35-foot side yard setback provided the animal units do not exceed one animal unit per usable acre with a deed restriction being filed with the Register of Deeds office to assure the animal unit/acre restriction is complied with. …

(33)

Solar energy systems in the A-1 district provided all structures and uses associated with the system are at least 50 feet from all property lines and 75 feet from the ordinary high water mark. The Committee may modify the 50 foot setback from side and rear property lines shared by parcels supporting the same solar energy system. When considering a solar energy system, the Committee must determine that all of the following apply: The use and its location in the farmland preservation zoning district is consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district is reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. Solar energy systems required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those utilities required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit.

(34)

Agritainment in the A-1 and A-1NC districts. The Committee may approve events and activities, such as corn mazes, hayrides, pick-your-own, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with ongoing agricultural activity on-site. The use must be an integral part of, or incidental to, an agricultural use and the use shall not require any additional buildings, structures, or improvements not already existing on the farm unless the building, structure, or improvement is determined to be temporary in nature by the Committee during the conditional use process. Agritainment does not include camping, wedding barns, or other uses addressed elsewhere in this ordinance. Code compliant parking must be provided. The retail sales of ancillary non-agricultural items is subject to detailed plan approval by the Committee. The Committee may approve the use of food trucks during agricultural related events at a density of one food truck on parcels less than one half acre, two food trucks on parcels of one half acre to one acre, and three food trucks on parcels over one acre. Food trucks may be allowed on A-1, A-1NC, A-2, A-3 and A-4 zoned areas of the parcel. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(35)

Agritainment in the A-2, A-3 and A-4 districts. The Committee may approve events and activities, such as corn mazes, hayrides, pick-your-own, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with ongoing agricultural activity on-site. Agritainment does not include camping, wedding barns, or other uses addressed elsewhere in this ordinance. Code compliant parking must be provided. The retail sales of ancillary non-agricultural items is subject to detailed plan approval by the Committee. The Committee may approve the use of food trucks during agricultural related events at a density of one food truck on parcels less than one half acre, two food trucks on parcels of one half acre to one acre, and three food trucks on parcels over one acre. Food trucks may be allowed on A-1, A-1NC, A-2, A-3 and A-4 zoned areas of the parcel. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 1-11-05; Amd. of 3-8-05; Amd. of 5-10-05; Amd. of 8-9-05; Ord. No. 315-09/05, pt. VI, 9-8-05; Ord. No. 353-04/06, pt. IX, 4-20-06; Ord. No. 591-12/09, pt. XLVI, 12-15-09; Ord. No. 673-03/11, pt. V, 3-8-11; Ord. No. 740-09/12, pt. XXXI, 9-6-12; Ord. No. 879-09/14, pt. XXIII, 9-4-14; Ord. No. 938-07/15, pt. XII, 7-14-15; Ord. No. 940-07/15, pt. VII, 7-20-15; Ord. No. 996-07/16, pt. V, 7-28-16; Ord. No. 1049-06/17, pt. XL, 6-13-17; Ord. No. 1074-11/17, pt. V, 11-6-17; Ord. No. 1129-07/18, pt. V, 7-10-18; Ord. No. 1194-11/19, pt. XI, 11-12-19; Ord. No. 1273-05/22, pt. XVI, 5-10-22; Ord. No. 1318-07/23, pt. II, 7-11-23; Ord. No. 1377-07/25, pt. VII, 7-8-25)

Except where specifically permitted as a principal use in division 3, the following recreational and related uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing upon the general purpose and intent of this ordinance set forth in sections 74-153 and 74-154 and upon the particular problems related to development of the site or sites as proposed.

(1)

Golf courses and country clubs in all residential and park districts, the C-2, conservancy district and the B-5 district.

(2)

Ski hills in the A-2, A-3, P-1, P-2, C-2, R-5 and B-5 districts.

(3)

Yachting clubs and marinas in the P-1, P-2, C-2, B-3, B-4, and B-5 districts.

(4)

Hunting and fishing clubs in the A-2, C-2, and P-1 districts.

(5)

Recreational camps in the A-2, P-1, P-2, C-2, and B-5 districts are subject to the following regulations, ATCP 78, and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing:

a.

Yards. There shall be a yard on each side of a recreational camp as follows:

1.

Street: Minimum 100 feet.

2.

Rear: Minimum 100 feet.

3.

Side: Minimum 50 feet.

4.

Shore: Minimum 75 feet.

b.

Screening. There shall be a condition of the granting of the permit for a recreational camp, and a continuing condition for the operation of the same, that the natural vegetation of the area, including grass, flowers, shrubs and trees be allowed to grow and develop in all required yards, except noxious plants, weeds and trees, or the vegetation of equivalent density be planted therein so as to provide a natural screen between a camp and neighboring areas and so that required yards shall be unused and unusable for general purposes of camp operation.

c.

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

d.

Sewage disposal. Where public sanitary sewer service is not available, sanitary sewage and waste disposal facilities shall be provided as required by chapter ATCP 78/79 of the Wisconsin Administrative Code and constructed and maintained as required by the County sanitary ordinance.

e.

Water supply. Where public water is not available, the well or wells supplying any camping area shall comply with Chapter DHS 178 of the Wisconsin Administrative Code, except that well pits or pump pits shall not be permitted.

(6)

Public or private campgrounds in the P-1, P-2, C-2, and B-5 districts are subject to the following regulations, ATCP 78/79, and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a.

Camping area location. The temporary accommodation of persons providing their own means of shelter is permitted only in the locations approved on the site development plan, as required under section 74-185 of this ordinance. In approving such locations, the Committee shall view the proposed site and consider the general purpose and intent of this zoning ordinance to promote the public health, safety, and general welfare and to prevent overcrowding and the development of unhealthful or unsanitary conditions on the premises. Occupancy of a camping unit on a continuous year-round basis or utilization of a camping unit as a permanent abode or legal place of residence shall be prohibited.

b.

Within the camping areas approved on the site plan, every camping unit shall be located on generally well-drained ground, and no camping unit nor any building or structure related to the operation of such camping area, shall be located on ground on which storm or other surface waters accumulate, or on ground which is substantially wet or muddy due to subsoil moisture. No camping area, nor any camping unit within such camping area, shall be so located as to be subject at any time to the flow of surface waters from a barnyard, or other source of pollution. No camping unit shall be located more than 400 feet from a toilet or service building.

c.

Camping unit definition. Camping unit as used in this section shall mean any "recreational vehicle," including travel trailer, pick-up coach, motor home, camping trailer, and tent. A camping unit shall not exceed a maximum living area of 400 square feet.

d.

Minimum camping unit site area: There shall not be less than 4,000 square feet of land per camping unit exclusive of required yards, parking lots, and areas devoted to permanent buildings and their grounds. Camping unit site areas shall be located and spaced at least 75 feet center to center. No camping unit shall be located within 50 feet of any other camping unit. Group camping shall be permitted only in an area designated for such use on the approved site development plan. Automobiles, except self-propelled camping units, shall not be parked in any such designed group camping area except for loading and unloading purposes.

e.

Yards: A yard shall be provided along each side of the camp except that part which fronts on a lake or stream course.

Street: Minimum 100 feet.

Rear: Minimum 100 feet.

Side: Minimum 50 feet.

Shore: Minimum 75 feet.

f.

Screening. There shall be a condition of the granting of the permit for such camp and a continuing condition for its operation, that the natural vegetation of the area, including grass, flowers, shrubs, and trees be allowed to grow and develop in all required yards, or that vegetation of equivalent density be planted therein, so as to provide a natural screen between such camp and adjacent properties.

g.

Off-street parking. Off-street parking shall be provided on the premises of all camping areas in the ratio of not less than one parking space for each camping unit. Each such parking space shall not be less than 12 feet in width and of a length sufficient to accommodate the longest vehicle or vehicles to be parked therein.

h.

Water supply. There shall be an adequate source of pure water with water outlets for drinking and domestic purposes located not more than 300 feet from any camping unit. Where a public water supply is not available, the well or wells supplying any camping area shall comply with ATCP 78 and the Wisconsin Well Construction Code; except that well pits or pump pits shall not be permitted. Supply outlets may be located in a service building if separate from toilet or laundry rooms. No common drinking vessels shall be permitted nor shall any drinking water faucets be placed in any toilet rooms.

i.

Sewage disposal. Sanitary sewage and waste disposal facilities shall be provided as required by ATCP 78/79 and Chapter SPS 383 of the Wisconsin Administrative Code constructed and maintained as required by the County sanitary ordinance.

j.

Drives and walkways. There shall be a system of driveways and walkways connecting every camp unit within any camping area with a public street or highway. Such driveways shall be not less than 16 feet in width and such walkways shall be not less than five feet in width. All driveways, walkways, and parking areas shall be so constructed and maintained as to prevent the accumulation of surface waters and the formation of substantial muddy areas. Driveways shall be well lit at night and shall be unobstructed at any time.

k.

Maintenance. It shall be a condition on the granting of a permit for the camping area, and a continuing condition for the operation of the same that:

1.

Drainage of the area shall be maintained and camping units placed on well drained ground.

2.

Required yards shall be maintained.

3.

Water supply, sanitary sewage, and waste disposal facilities shall be maintained.

4.

Roadways, walkways, and parking areas shall be maintained.

5.

All requirements of the Wisconsin Administrative Code shall be met and maintained.

l.

Permit renewal. Any conditional use permit issued for a campground including permits issued to existing operations, shall be in effect for a one-year time period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the Committee after a public hearing.

m.

Existing operations. Within 60 days after the effective date of this ordinance, all existing campground operations in shorelands shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership date, maps showing existing campground layout, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in section 74-173 and 74-174. Notwithstanding the foregoing, however, the County Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

(7)

Planned campground developments. Planned campground developments are conditional uses in the P-1, P-2, and B-5 zoning district subject to the following regulations, ATCP 78/79, and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing:

a.

Planned campground development area location. In approving such locations, the Committee shall view the proposed site and consider the general purpose and intent of this zoning ordinance to promote the public health, safety, and general welfare and to prevent overcrowding and the development of unhealthful or unsanitary conditions on the premises.

Occupancy of a camping unit on a continuous year-round basis or utilization of a camping unit as a permanent abode or legal place of residence shall be prohibited. Compliance with this requirement shall be the responsibility of the campground association.

Within the camping areas approved on the site plan, every camping unit shall be located on generally well-drained ground, and no camping unit nor any building or structure related to the operation of such camping area, shall be located on ground on which storm or other surface waters accumulate, or on ground which is substantially wet or muddy due to subsoil moisture. Any grade changes or retaining walls of more than six inches, not included in the original approved development plan, is subject to conditional use review by the County Zoning Agency. No camping area, nor any camping unit within such camping area, shall be so located as to be subject at any time to the flow of surface waters from a barn yard, or other source of pollution.

b.

Camping unit definition. Camping unit as used in this section shall mean any "recreational vehicle," including travel trailer, pick-up coach, motorhome, camping trailer and park model. A camping unit shall not exceed a maximum living area of 400 square feet. All camping units shall remain mobile. The original wheel assembly shall not be removed, wheels shall be in contact with the pad, the pad shall not exceed six inches above the original grade and the unit shall not be installed upon footings nor a foundation.

c.

Perimeter yards. There shall be a buffer yard on all sides of a planned campground development as follows:

1.

Street: Minimum 100 feet.

2.

Rear: Minimum 100 feet.

3.

Side: Minimum 50 feet.

4.

Shore: Minimum 75 feet.

d.

Screening. There shall be a condition if granting the permit for a planned campground development and a continuing condition for the operation of the same, that the natural vegetation of the area, including grass, flowers, shrubs and trees be allowed to grow and develop in all perimeter yards (except noxious plants, weeds and trees), or the vegetation of equivalent density be planted therein so as to provide a natural screen between the campground and neighboring areas and so that perimeter yards shall be unused and unusable for general purposes of the camp operation.

e.

Off-street parking. Off-street parking shall be provided on the premises of all camping areas in the ratio of not less than one parking space for each camping unit, plus one additional parking space for each motor vehicle operating in connection with such camping, but not to be located in any required yard. Each such parking space shall not be less than 12 feet in width and of a length sufficient to accommodate the longest vehicle or vehicles to be parked therein.

f.

Sewage disposal. Where public sanitary sewer service is not available, sanitary sewage and waste disposal facilities shall be provided as required by Chapter SPS 383 of the Wisconsin Administrative Code and constructed and maintained as required by the County sanitary ordinance. No camping unit shall be located more than 400 feet from a toilet or service building.

g.

Water supply. There shall be an adequate source of pure water with water outlets for drinking and domestic purposes located not more than 300 feet from any camping unit. Where a public water supply is not available, the well or wells supplying any camping area shall comply with the Wisconsin Well Construction Code; except that well pits or pump pits shall not be permitted. Supply outlets may be located in a service building if separate from toilet or laundry rooms. No common drinking vessels shall be permitted nor shall any drinking water faucets be placed in any toilet rooms.

h.

Interior roadways and walkways. There shall be a system of roadways and walkways connecting every unit within any camping area with a public street or highway. Such roadways shall be not less than 16 feet in width and such walkways shall be not less than five feet in width, unless by means of a conditional use permit, the width of the roadway(s) or walkway(s) within the planned campground are modified by the County Zoning Agency. All roadways, walkways, and parking areas shall be so constructed and maintained as to prevent the accumulation of surface waters and the formation of substantial muddy areas. Roadways shall be well lit at night and shall be unobstructed at all times.

i.

Interior setback requirements.

1.

Ten-foot street yard setback requirement from edge of pavement of the interior roadways (corner lots require two street yard setbacks).

2.

Five-foot side yard setback requirement.

3.

Five-foot rear yard setback requirement.

4.

75-foot shore yard setback requirement.

j.

Storage sheds.

1.

The storage shed shall be freestanding in its construction.

2.

Maximum size not to exceed 150 square feet total.

3.

Height not to exceed 12 feet from original grade to peak.

4.

If located in the rear yard shall be located at least three feet from lot lines.

5.

If located in the street yard shall be located at least ten feet from the pavement of the interior roadway and five feet from the side lot line.

6.

If located in the side yard shall be located at least five feet from the lot lines.

7.

If located in the shore yard shall be located at least five feet from the side property line and seventy-five feet from the ordinary high water mark.

k.

Structures (including but not limited to enclosures, porches, decks, stairways, and gazebos).

1.

The structure shall be freestanding in its construction and shall not be installed upon footings nor a foundation. A nonpermanent weather/storm seal may be used to adjoin the camping unit to the enclosure, deck, and/or gazebo.

2.

Structures shall be required to maintain the interior setback requirements as listed above.

3.

HVAC, plumbing and electrical shall be subject to all applicable codes.

4.

Height not to exceed 17 feet or the height of the ridge line of the camping units original roof whichever is less.

5.

A combination of structures not to exceed the size/square footage of the existing camping unit is permitted subject to meeting setback requirements.

6.

Any detached enclosure or porch (not a deck, stairway, gazebo or an enclosure enjoined to the camping unit by a weather seal) is only permitted through the conditional use process.

7.

If a unit is replaced with a smaller unit and the structures remaining exceed the unit size, the continued location of those structures exceeding the unit size are subject to County Zoning Agency review and approval.

l.

Structures, limited to those listed below, are exempt from the size limitations listed above and zoning permit requirement, provided:

1.

Essential service structures limited to the minimum necessary to screen or enclose utilities to protect from the weather. The structure shall not be used for additional storage.

2.

Temporary gazebo tent limited to 150 square feet in size, shall be located on existing grade, and further provided the side wall components shall be constructed of fabric, screening or shall be open sided and the roofing material shall also consist of fabric and shall provide for zero dead load, live load and snow load, except for the skeleton of the roof. The skeleton of the structure shall not be made of wood or concrete. All fabric and screening shall be removed from November through March. No overnight stays are permitted in the gazebo.

3.

Interior fencing shall be limited to dog and essential service fencing not to exceed a 15-foot by 15-foot enclosure and no more than three feet in height. Fencing may not be anchored by a frost footing. Essential service fencing shall not exceed the necessary dimensions to conceal the services.

m.

Maintenance. It shall be a condition on the granting of a permit for the camping area, and the continuing condition for the operation of the same that:

1.

Drainage of the area shall be maintained and camping units placed on well drained ground.

2.

Required yards shall be maintained.

3.

Water supply, sanitary sewage, and waste disposal facilities shall be maintained.

4.

Roadways, walkways, and parking areas shall be maintained.

5.

All requirements of the Wisconsin Administrative Code shall be met and maintained.

n.

Permit renewal. Any conditional use permit issued for a planned campground development including permits issued to existing operations, shall be in effect for a one-year period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the Committee after a public hearing.

o.

Existing operations. Within 60 days after the effective date of the adopted policy dated February 20, 1998, all existing campground operations shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership date, maps showing existing campground layout, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any site within the existing operation which does not comply with this registration requirement shall be required to meet current ordinance requirements.

(8)

Cultural activities, such as aquariums, art galleries, botanical gardens, arboreta, historic and monument sites, libraries, museums, planetaria, and zoos in the P-1, P-2 and B-5 districts.

(9)

Amusement activities such as fair grounds, roller skating rinks, go-cart tracks, race tracks, and recreation centers in the P-1 and B-5 districts. The use of food trucks may be allowed at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(10)

Public assembly uses such as amphitheaters, arenas, field houses, gymnasiums, natatoriums, auditoriums, exhibition halls, music halls, legitimate theaters, motion picture theaters, and stadiums in the P-1, P-2, B-2, B-3, B-4 and B-5 districts. The use of food trucks may be allowed at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(11)

Commercial stables in the A-2, C-2, P-1, P-2 and B-5 districts.

(12)

Archery ranges, golf driving ranges, firearm ranges, sports fields, polo fields, and skating rinks in the P-1, P-2 and B-5 districts.

(13)

Commercial recreation facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, racetracks, rifle ranges, Turkish baths, skating rinks, and theaters in the B-2, B-3, B-4 and B-5 business districts.

(14)

Off-season storage facilities for boats and other recreational vehicles such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes, in the B-1, B-2, B-3, B-4, M-1, M-2 and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

(15)

Hotels, motels and tourist courts in the B-3, B-4 and B-5 districts.

(16)

Commercial arboretum in the C-2 districts outside environmental corridors and in the B-4 district.

(17)

Special event campgrounds in the B-5 district subject to the special event campground regulations of DHS 178.

(Ord. of 6-11-02; Ord. No. 315-09/05, pt. VII, 9-8-05; Ord. No. 369-07/06, pt. VIII, 7-11-06; Ord. No. 466-11/07, pt. XXI, 11-13-07; Ord. No. 561-06/09, pt. V, 6-9-09; Ord. No. 591-12/09, pt. XLVII, 12-15-09; Ord. No. 873-07/14, pt. IV, 7-8-14; Ord. No. 974-03/16, pt. II, 3-8-16; Ord. No. 978-04/16, pt. V, 4-21-16; Ord. No. 999-09/16, pt. II, 9-6-16; Ord. No. 1049-06/17, pt. XLI, 6-13-17; Ord. No. 1171-06/19, pt. XXXI, 6-11-19; Ord. No. 1273-05/22, pt. XVII, 5-10-22; Ord. No. 1318-07/23, pt. III, 7-11-23)

Except where specifically permitted as a principal use in division 3, the following residential and quasi-residential uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in section 74-153 and 74-154, and upon the particular land use problems related to development of the site or sites as proposed.

(1)

Conservation development design.

a.

Applicability. Conservation development design may be used on a voluntary basis for all residential developments with five or more dwellings in the A-2, C-2, C-3, R-1, R-2, R-2A and R-3 zoning districts and requires conditional use approval.

b.

Intent.

1.

To conserve conservation land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodlands and wetlands, by protecting them from development. Where applicable, conservation land shall be laid out in general accordance with the wide, open space networks advocated by the Southeastern Wisconsin Regional Planning Commission, to encourage protection of an interconnected system of conservation lands.

2.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs and the amount of paving required for residential development.

3.

To reduce erosion and sedimentation by the retention of existing vegetation, and by minimizing development on steep slopes.

4.

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.

5.

To conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the adopted County Land Use Plan.

6.

To create neighborhoods with direct access to open land, with amenities in the form of conservation land.

7.

To provide for the conservation and maintenance of conservation land within the county to achieve the above-mentioned goals and for active or passive recreational use by residents.

8.

To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodlands, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls.

9.

To provide standards that preserve the unique characteristics of individual properties so that their special or noteworthy features may be designed around and conserved.

10.

To encourage the protection of the elements of the county's beauty and rural character.

c.

General regulations for conservation development design: The design of all new subdivisions and other development projects using conservation design shall be governed by the following requirements for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts:

1.

Conservation development application, procedure, and approval process: The developer/applicant must follow the conservation development application, procedure, and approval process as identified in section 4.11 of the county subdivision control ordinance.

2.

Site design. A site context map, existing resources and site analysis map, and sketch plan overlay sheet shall be prepared, as required by sections 5-A., 5-A.1, 5-A.2, and 5-A.3 of the county subdivision control ordinance. All conservation-design development projects shall use the four-step design process for conservation subdivision set forth in section 5-A.4 of the subdivision control ordinance.

3.

The calculation of site capacity, or the number of dwelling units permitted on a site, shall be based on net buildable area (NBA). The site capacity shall be obtained by dividing the net buildable area within each district by the residential density allowed in the district. Fractional dwelling yield totals may not be combined between different zoning district. The applicant shall determine the net buildable area (NBA) using the following method, substantiated by sufficient plans and data to verify the calculations:

Gross tract area: _____ acres

From the gross tract area, subtract the following:

All lands located within existing and proposed street rights-of-way: _____ acres

All wetland areas: _____ acres

All of the area located within a pond, lake, or stream channel: _____ acres

The result is the net buildable area (NBA): _____ acres

Note: Where two or more categories overlap, the overlapping acreage shall be counted only once, using the most restrictive classification.

d.

Uses for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts:

1.

All residential accessory structures are permitted subject to limitations of division 2.

2.

Accessory uses permitted on conservation lands are limited to the following:

i.

Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).

ii.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles unless specifically approved in the conditional use permit, rifle ranges, and other uses similar in character.

iii.

Active noncommercial public and private recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required conservation land or five acres, whichever is less. Playing fields, playgrounds and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be graded and dust-free, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces.

iv.

Golf courses, provided they do not comprise more than half of the minimum required conservation land, but not including driving ranges or miniature golf. Their parking areas and any associated structures shall not be included within the minimum conservation land requirement; their parking and access ways may be paved and lighted.

v.

Water supply and sewage disposal systems and storm water detention areas designed, landscaped, and available for use as an integral part of the conservation land and also designed to maximize infiltration and groundwater recharge. Individual private wells and/or septic system disposal fields (filter beds) may be located within the common open space in conservation developments, in which case their maintenance responsibility shall lie with the owner of the dwelling to which it is connected. In such situations, the owners association shall be responsible for pumping the septic tanks (which may be located within individual house lots) on a periodic basis, according to the county sanitary ordinance.

vi.

Easements for drainage access sewer or water lines, or other public purposes.

vii.

Underground utility rights-of-way, aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required conservation land.

3.

Uses limited to conservation lands of five acres or more zoned for agricultural uses for the A-2, and C-2 districts:

i.

Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, except residential buildings. Also specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce offensive odors.

ii.

Pastureland for horse, commercial equestrian facilities shall be permitted but may not consume more than half of the minimum required conservation land.

iii.

Silviculture, in keeping with established standards for selective harvesting and sustained yield forestry.

e.

Frontage for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts: For dwellings served by public or central water and sewer, dwellings may front directly onto a park or common open space area, provided they are served by a rear street access.

f.

Up to 50 percent of the minimum required conservation lands may be contained within individual, private conservancy lots which are ten acres or greater in size for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts.

g.

Buffers for adjacent public parkland, land trust preserves, or active farmland: Where the proposed development adjoins public parkland, conservation parcels owned by land trusts, or active farmland, a natural conservation land buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, land trust preserve, or lands zoned A-1. Within this buffer no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is not wooded, the Zoning Agency may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

h.

Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with this ordinance, shall be provided to conservation land in accordance with the following requirements:

1.

Each development shall provide one centrally located access point per 15 lots, a minimum of 25 feet in width.

2.

Access to conservation land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

i.

A density bonus shall be allowed at the specified rate for each of the following up to a 20 percent site capacity maximum:

1.

A ten percent density bonus shall be allowed for increasing the total shoreyard setback to 150 feet from the ordinary high-water mark of navigable lakes, ponds, flowages and streams.

2.

A five percent density bonus shall be allowed for increasing the total shoreyard setback to 100 feet from the ordinary high-water mark of navigable lakes, ponds, flowages and streams.

3.

A ten percent density bonus shall be allowed for providing a 75-foot buffer (setback) from the entire edge of a non-zoned (isolated) wetland. To qualify for this bonus the applicant shall meet conservation standards as determined by the land conservation Committee.

4.

A five percent density bonus shall be allowed for developments that preserve intact, with the exception of allowable open space uses, areas designated as environmental corridors. To qualify for this bonus there shall be a minimum of ten percent of the project site within the environmental corridor.

5.

A five percent density bonus shall be allowed for providing ten percent greater conservation land (open space) than required for the development.

6.

A ten percent density bonus shall be provided if the owner provides, fee simple dedication of an access easement for public use of parks and/or trails to a public agency with approved acceptance pursuant to section 11.9-B(b)(3) of the subdivision control ordinance.

7.

A five percent density bonus shall be provided if the owner provides a conservation easement to a public agency with approved acceptance pursuant to section 11.9-B(b)(4) of the subdivision ordinance.

8.

A five percent density bonus shall be provided if the owner provides permanent preservation of a significant archaeological site not already required to be preserved by state or Federal preservation requirements.

9.

A five percent density bonus shall be provided if the owner provides for restoration or rehabilitation with active maintenance of native plant species on 50 percent or greater of the required open space/conservation lands. Active maintenance must be part of a Land Stewardship plan as specified in section 11.9-B(d) of the subdivision ordinance.

10.

A five percent density bonus shall be provided if the owner provides a fee simple dedication to a nonprofit conservation organization or the dedication of a conservation easement to a nonprofit conservation organization pursuant to subsections 11.9-B(b)(5) and (f) of the subdivision control ordinance.

11.

A five percent density bonus shall be provided if a nonprofit conservation organization or public agency holds a conservation easement on the conservation land and the subdivider has created a stewardship fund or endowment sufficient to generate annual interest to cover the costs that the nonprofit conservation organization or public agency incur for monitoring the conservation land annually and taking the appropriate enforcement actions for violations or encroachment within the conservation land. The endowment fund may also be used to cover the cost of any insurance required of the holder of the conservation easement. This density bonus is only considered when a conservation easement is held on undivided conservation land. A density bonus can not be considered when a conservation easement is obtained on an individual subdivision lot or lots. The County and the local unit of government shall review any maintenance agreement and endowment fund established by the subdivider and the nonprofit conservation organization or public agency.

12.

A five percent density bonus shall be allowed for providing for the reuse or preservation of historical structure(s) located on a site. The structure(s) must be on the State or Federal Register of Historic Places. The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall apply.

13.

A five percent density bonus shall be allowed for providing affordable housing, to include a minimum of 25 percent of all units that would be affordable to moderate-income household, as defined by the U.S. Department of Housing and Urban Development.

The minimum conservation land requirement must be met when using the density bonus.

j.

Intersections and access: New intersections with existing public streets shall be minimized.

k.

The conservation design review standards as specified in section 11.9-A of the County subdivision control ordinance shall be followed in design of a conservation development for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts. Section 11.9-A of the subdivision ordinance provides the prioritized list of resources to be conserved and other design considerations for the development.

l.

The common conservation lands, including common elements or outlots, shall be deed restricted and conditioned by the conditional use approval to remain open, jointly owned by undivided percentage interest and appurtenant to each buildable lot/units created by the conservation development design. The developer/applicant shall follow the conservation land ownership and maintenance standards as specified in section 11.9-B of the County subdivision control ordinance for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts. This section provides for the permanent protection of the conservation land, ownership, the maintenance and operation of the conservation land, the land stewardship plan.

(2)

Planned residential developments in the A-5, R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, R-8, C-2, C-3 and B-5 districts, provided that no planned development shall be approved which includes residential uses not permitted as a principal use in the given district. The district regulations, excluding exterior district setback requirements, may be modified provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. A riparian lot shall not be reduced below the minimum requirements of 65 feet in width and 10,000 square feet of lot area (sewered) and 100 feet of width and 20,000 square feet of lot area (unsewered). A non-riparian lot may be reduced to the minimums listed below provided the planned development contains at least 2 acres or 200 feet of frontage, and if the reduced non-riparian lot sizes are allowed in exchange for larger shore yard buffers and setbacks on those lots adjacent to navigable waters that are proportional to and offset the impacts of the reduced lots on habitat, water quality and natural scenic beauty. Parking stall and interior driveway requirements to private right of ways for property located in the R-5, R-5A, R-6 and B-5 planned districts may be modified by the Committee provided barriers (i.e. curbed landscaped islands, striping) are installed to define those private right of ways and further provided that any modification be in accordance with the purpose and intent of this ordinance. The proper preservation, care, and maintenance by the original and all subsequent owners of the exterior design shall be assured by deed restriction. All common structures, facilities, essential services, access and open spaces shall also be assured by deed restrictions.

The following district regulations may be modified by the Committee but never below the following minimums:

(3)

Fraternities, lodges, and meeting structures of a noncommercial nature in the R-4 residential and all business districts provided all principal structures and uses are not less than 25 feet from any lot line.

(4)

Rest homes, nursing homes, homes for the aged, clinics, and children's nurseries or day care centers in the R-4 residential, and all business districts provided all principal structures and uses are not less than 50 feet from any lot line.

(5)

Barbering and beauty culture operations in all residential districts, not to exceed 25 percent of the total floor area. Such operations shall not involve any external alteration that would affect a substantial change in the residential character of the building.

(6)

Home occupations in the A-2, A-3, A-5, C-2, C-3, R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, R-8 districts, not to exceed 25 percent of the area of any floor of a building on the parcel. Such operations shall not involve any external alteration that would affect a substantial change in the residential character of the building or parcel, may include employees and stock and trade may be kept or sold from the premises after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance.

(7)

Mobile homes in the A-2 and A-3 districts when necessary and essential to the principal or conditional permitted use.

(8)

Two-family dwellings and multi-family dwellings in the R-4 residential district.

(9)

One-family detached dwellings: One-family semi-detached dwellings; one-family, attached dwellings; two-family dwellings; multiple-family dwellings; and all principal uses permitted in the B-1, local business district, provided that such business uses shall not occupy more than 15 percent of the total development area, in the R-5 planned residential development district.

(10)

Mobile home dwellings and single-family detached dwellings in the R-6, planned mobile home park residence district.

(11)

One dwelling unit in the B-1, B-2, B-3, and B-4 business districts when located detached from the principal business structure. This provision is established to provide Committee review of detached residences that existed prior to 1994 and for special circumstances where a residence can not be located within the primary business structure.

(12)

Model apartments, model condominiums and related temporary real estate sales office located within the model unit and related temporary real estate sales office trailers in the R-4, R-5 and R-8 districts, model mobile home and related temporary real estate sales office located within the model unit in the R-6, R-7, district, model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit and related temporary real estate sales office trailers in the R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, R-8 districts, model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit and temporary real estate sales office trailers in the R-3, R-4, R-5, R-8 districts, may be permitted as a conditional use if limited to the following:

a.

Models may be located in all new subdivisions for a period not to exceed three years from the date of issuance of a zoning permit

b.

Models shall not be used as a real estate office other than incidental to showing the model dwelling

c.

Models shall be designed in such a manner as to blend with existing neighborhood environments

d.

Models shall not be open beyond 9:00 p.m.

e.

One sign may be permitted provided, however, that it is no larger than four feet by six feet and further provided that in the event that said sign is lighted, there is no flashing or traveling lights associated with said sign.

f.

Models shall be completely landscaped and have a paved driveway within one year from the date of issuance of the zoning permit.

g.

No parking lots shall be created that would not normally be found in a single-family development.

h.

Sufficient parking shall be provided in model home driveways and may be provided on subdivision roads, but in no case shall the parking be allowed on any Federal, State, County or Town highway. Any parking on subdivision roads shall be done in such a manner as to minimize congestion to the surrounding neighborhood.

(13)

Bed and breakfast establishments in the A-2, A-3, A-5, C-2, C-3, R-1, R-2, R-2A, districts provided the owner of the bed and breakfast establishment resides in the establishment. No bedrooms shall be permitted to be located in an accessory structure. No more than four bedrooms shall be rented to no more than a total of ten tourists or transients. Individual rentals shall not exceed 14 consecutive days in length. No retail sales shall occur in a bed and breakfast establishment. No meal except breakfast is served and the breakfast is provided only to lodgers. The establishment was originally built and occupied as a single-family residence or, prior to the use as a place of lodging, was converted to use and occupied as a single-family residence. One exterior advertising sign, not exceeding nine square feet in area, may be erected on the premises (see sections 74-82/74-211).

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 7-13-04; Amd. of 5-10-05; Ord. No. 436, pt. V, 5-8-07; Ord. No. 462-10/07, pt. IV, 10-9-07; Ord. No. 466-11/07, pt. XXII, 11-13-07; Ord. No. 563-06/09, pt. V, 6-9-09; Ord. No. 591-12/09, pt. XLVIII, 12-15-09; Ord. No. 819-12/13, pt. VI, 12-10-13; Ord. No. 879-09/14, pt. XXIV, 9-4-14; Ord. No. 1000-09/16, pt. XXI, 9-6-16; Ord. No. 1049-06/17, pt. XLII, 6-13-17)

Except where specifically permitted as a principal use in section 3.0, the following commercial and related uses shall be conditional uses and may be permitted as specified. Any outside storage or display areas in conjunction with the following commercial and related uses may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in section 74-153 and 74-154 and upon the particular land use problems related to development of the site or sites as proposed.

(1)

Drive-in theaters in the B-2 and B-5 districts provided that a planting screen at least 25 feet wide is created along any side abutting a residential district.

(2)

Establishments serving food or beverages for consumption outside the principal structure in the B-1, B-2, B-3, B-4 and B-5 districts. Compliant parking must be provided to accommodate the outdoor use of the property. The use of food trucks may be allowed at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(3)

Funeral homes in the B-2 District provided all principal structures and uses are not less than 25 feet from any lot line.

(4)

Drive-up banks in the B-2 and B-4 districts.

(5)

Vehicle sales, service, washing and repair stations, gasoline service stations, garages, taxi stands, and public parking lots, in all business districts Car wash facilities shall be installed in such a manner as not to cause spray or run-off water to encroach upon any adjoining properties or public rights-of-way.

(6)

Boats and marine supplies, not including manufacturing; bait shops; taverns; bars; swimming beaches; bath houses; and yachting clubs in the B-3, waterfront business district.

(7)

Automobile and truck retail services: Automobile repair services; Tow lots; bars, taverns, night clubs, and dance halls;, gasoline service stations; souvenir sales; and service and installation of tires, batteries, and accessories in the B-4, highway business district.

(8)

Planned commercial recreational facilities in the B-5, planned commercial recreation business district, including aircraft landing and take-off fields; amusement parks and miniature golf courses; boat rentals and boat access sites; campgrounds; dance halls, restaurants, taverns, bars, night clubs; drive-in movies; dude ranches; fairgrounds; health and recreational resorts; retail sale of antiques, books, camera, and photographic supplies, candy, nut and confectionery, china, glassware, and metalware, cigars, cigarettes, and tobacco, flowers, fur apparel, gifts, novelties, and souvenirs, jewelry, men's and boy's clothing and furnishings, music supplies, newspapers and magazines, shoes, sporting goods, stationery, toys, women's and girls' clothing and furnishings, and drugs; personal services, including artists services, barber services, beauty services, dry cleaning, photographic studios, shoe repairing, cleaning services, custom tailoring and travel arranging services; go-cart tracks; golf courses and related facilities, hotels and motels; penny arcades; race tracks; riding stables; roller skating rinks; skiing and tobogganing; snowmobile trails, swimming beaches; skeet, trap and rifle ranges; and single-family and multiple-family dwelling units when located on the same site with health or recreational resorts, provided that the transfer of any dwelling units may only include therewith a fractional interest in the site on which the dwelling unit is located.

(9)

Business directory signs exceeding three per business in all agricultural districts.

(10)

Flea markets in the A-4, B-2, B-3 and B-4 districts.

(11)

Commercial greenhouse in the A-4, C-2 (outside primary environmental corridors) and B-4 districts.

(12)

Hotels, motels and tourist courts in the B-3, B-4, and B-5 districts.

(13)

Signage provisions under section 74-215 for on-premise signs in the B-1, B-2, B-3, B-4 and B-5 zoning districts may be modified by the Committee but no sign shall be closer than five feet to any property line.

(14)

Planned unit developments in the B-1, B-2, B-3, and B-4 districts, provided that no planned unit development shall be approved which includes uses not permitted in the given district. The district regulations, excluding exterior district setback requirements, may be modified by the Committee provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design shall be assured by deed restriction. All common structures, facilities, essential services, access and open spaces shall also be assured by deed restrictions. Area, width and yard requirements of the district shall apply. Building separation: The minimum building separation shall be 30 feet unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

(15)

Off-season storage facilities for boats and other recreational vehicles such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes, in the B-1, B-2, B-3, B-4, M-1, M-2 and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

(16)

Mini-warehouse facilities in the B-1, B-2, B-3, B-4, B-5 zoning districts.

(17)

Building contractors storage yard in the B-2, B-4, M-1, M-2, and A-4 districts.

(18)

Shared parking. County Zoning Agency may grant conditional use approval for shared parking in the B-1, B-2, B-3, B-4, and B-5 districts after public hearing and review. The Committee may authorize as much as a 40 percent reduction in the area to be paved for non-residential off-street parking stalls when parking is shared by two or more uses provided:

a.

The uses that are sharing parking have peak parking demand at different times.

b.

Pedestrian sidewalks or paths are provided as safe connections between any uses sharing the parking area.

c.

Land-banking of reserved area: When a parking reduction has been authorized, the Committee shall require that sufficient area on the property be held in reserve for the potential future development of paved off-street parking to meet the full requirements. When required, this reserve off-street parking area shall be shown and noted on the site plan, maintained as open space, and developed with paved off-street parking spaces when the County determines that such off-street parking is necessary due to parking demand on the property which exceeds original expectations. The reserve area may not be counted as part of any required green space area. The County may require that a letter of credit or other approved financial surety be provided at the time of permit issuance in an amount not to exceed 125 percent of the estimated cost of parking lot completion, to be exercised at County discretion, should the need for parking lot completion be determined.

d.

If shared parking is approved by the Committee, a shared parking agreement, signed by all parties, shall be recorded with the Register of Deeds. The agreement shall state a minimum time frame for the agreement to be in force; provide for ingress/egress easements; and state safe and proper maintenance provisions for driveways, parking and pedestrian connections.

e.

Compliance with all other provisions of this section shall be required of all conditional uses (section 74-59/74-186).

(19)

Employer Based Housing in the B-5 district if all of the following apply:

a.

Housing shall be located on the same site as the place of employment. The employment site shall be identified during the conditional use process.

b.

Resident employees shall be employed for an established, temporary period not exceeding 12 months.

c.

One employer based housing dwelling unit on the employment site may be occupied by an employer based housing manager and his or her family.

d.

Resident employees shall be employed exclusively by the on-site employer and any work being performed off-site shall be only incidental to the resident employee's primary employment responsibilities.

e.

No minors shall be allowed to reside in the employer based housing except as a member of the employer based housing manager's family.

f.

All resident employees in an individual dwelling unit must be of the same gender unless all residents of the dwelling unit consent to mixed-gender occupancy.

g.

Employer based housing cannot be used for short term rental.

h.

Each dwelling unit shall contain at least 150 square feet of core living area for the first resident thereof and at least an additional 100 square feet of core living area for every additional resident thereof.

i.

Each dwelling unit shall contain a bathroom or bathrooms, separate from the other rooms, which affords privacy to occupants and that, in total, contains at least one toilet, lavatory basin, and bathtub or shower, in good working condition, properly connected to hot and cold water lines and a sanitary sewer or septic system. Restrictions on hot water use are prohibited.

j.

One bathroom shall be considered adequate for up to four resident employees.

k.

Each bedroom shall provide at least 400 cubic feet of air space for each bed.

l.

Each resident employee shall be provided with a separate bed.

m.

The number of beds allowed per bedroom shall not exceed two.

n.

The number of bedrooms per employer based housing dwelling unit shall not exceed four.

o.

Each resident employee shall be provided with at least a lockable storage closet or cabinet of not less than 12 inches × 12 inches × 18 inches.

p.

Resident employees shall be provided with free Wi-Fi service in their dwelling unit or within a common area of the employer based housing building. The Wi-Fi service plan shall provide for internet speeds of at least five megabits per second, per resident employee.

(Ord. of 6-11-02; Amd. of 1-11-05; Amd. of 5-10-05; Ord. No. 369-07/06, pt. IX, 7-11-06; Ord. No. 466-11/07, pt. XXIII, 11-13-07; Ord. No. 591-12/09, pt. XLIX, 12-15-09; Ord. No. 685-08/11, pt. XI, 8-9-11; Ord. No. 740-09/12, pt. XXXII, 9-6-12; Ord. No. 1049-06/17, pt. XLIII, 6-13-17; Ord. No. 1171-06/19, pt. XXXII, 6-11-19; Ord. No. 1273-05/22, pt. XVIII, 5-10-22; Ord. No. 1318-07/23, pt. IV, 7-11-23; Ord. No. 1319-07/23, pt. VI, 7-11-23)

Except where specifically permitted as a principal use in division 3, the following industrial and related uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in section 74-153 and 74-154 and upon the particular land use problems related to development of the site or sites as proposed.

(1)

Sewage disposal plants in all districts.

(2)

Pea vineries, creameries, and condenseries in the A-4 and M-2 districts.

(3)

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, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of Paris, plastics, poison, polish, potash, pulp, pyroxylin, rope, rubber, sausage, shoddy, shoe and lamp blacking size, starch, stove polish, textiles, and varnish in the M-2 district.

(4)

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 in the M-2 district.

(5)

Manufacture and bottling of alcoholic beverages in the M-2 district.

(6)

Bag cleaning, bleacheries, canneries, cold storage warehouses; electric garbage incinerators; lacquering; lithographing; offal, rubbish, or animal reduction; oil, coal, and bone distillation; refineries; road test facilities; slaughterhouses; smelting; stockyards; tanneries; and weaving in the M-2 district.

(7)

Outside storage and manufacturing areas in the M-1 and M-2 districts.

(8)

Wrecking, junk, demolition, automobile salvage yards and scrap yards in the M-2 district subject to the following regulations and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a.

Location: Every wrecking, junk, demolition, automobile salvage yard or scrap yard shall be located at least 1,000 feet from the boundary of any residential or park district or the B-1, business district, and shall further be located at least 1,000 feet from the nearest residence, not including the residence of the owner or operator of the yard.

b.

Street yard: No wrecking, junk, demolition, or scrap yard operations shall be conducted within 150 feet of any existing or proposed street, road, or highway right-of-way line.

c.

Screening: Every wrecking, junk, demolition, or scrap yard shall be surrounded by a suitable fence or dense evergreen planting screen which shall completely prevent a view of the yard operations from any other property or public right-of-way. Such fence or screen shall be at least six feet in height, and shall have no openings more than two inches in width other than approved entrances and exits. Such fence or screen shall be kept in proper repair at all times.

d.

Operations: All junk, scrap, salvage, and other materials shall be kept within the fence or screen, but shall not be piled against it.

e.

Permit renewal: Any conditional use permit issued for a wrecking, junk, demolition, or scrap yard, including permits issued to existing operations, shall be in effect for one-year time period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the County Planning and Development Committee after a public hearing.

f.

Existing operations: Within 60 days after the effective date of this ordinance, all existing wrecking, junk, demolition, and scrap yards in shoreland shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in sections 74-163 and 74-164. Notwithstanding the foregoing, however, the County Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

g.

Revocation of permit: Upon the complaint of the County Zoning Administrator or any interested person, the Committee shall hold a public hearing to determine whether a wrecking, junk, demolition, automobile salvage yard or scrap yard permit shall be revoked, notice of such hearing to be given to all interested parties, including the town board concerned. After such public hearing, the Committee may order the permit revoked, if evidence presented at such hearing discloses that the provisions of this ordinance are being willfully violated.

(9)

Commercial service facilities, such as restaurants and fueling stations, in the M-1 and M-2 districts provided all such services are physically and otherwise oriented toward industrial district users and employees and other users are only incidental customers. The use of food trucks may be allowed at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(10)

Living quarters for watchman or caretakers in the M-1 and M-2 industrial districts and the A-4 agricultural district.

(11)

Building contractor storage yards in the B-2, B-4, M-1, M-2 and A-4 districts.

(12)

Electric power generation plants in the M-2 district.

(13)

Signage provisions under section 74-215 for on-premise signs in the M-1, M-2, M-3 and M-4 zoning districts may be modified by the Committee but no sign shall be closer than five feet to any property line.

(14)

Planned unit developments in the M-1 and M-2 districts, provided that no planned unit development shall be approved which includes uses not permitted in the given district. The district regulations, excluding exterior district setback requirements, may be modified by the Committee provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design shall be assured by deed restriction. All common structures, facilities, essential services, access and open spaces shall also be assured by deed restrictions.

Area, width and yard requirements of the district shall apply.

Building separation: The minimum building separation shall be 30 feet unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

(15)

Off-season storage facilities for boats and other recreational vehicles such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes, in the B-1, B-2, B-3, B-4, M-1, M-2 and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

(16)

Mini-warehouse facilities in the M-1 and M-2 zoning districts.

(17)

Shared parking. County Zoning Agency may grant conditional use approval for shared parking in the M-1 and M-2 districts after public hearing and review. The Committee may authorize as much as a 40 percent reduction in the area to be paved for non-residential off-street parking stalls when parking is shared by two or more uses provided:

a.

The uses that are sharing parking have peak parking demand at different times.

b.

Pedestrian sidewalks or paths are provided as safe connections between any uses sharing the parking area.

c.

Land-banking of reserved area: When a parking reduction has been authorized, the Committee shall require that sufficient area on the property be held in reserve for the potential future development of paved off-street parking to meet the full requirements. When required, this reserve off-street parking area shall be shown and noted on the site plan, maintained as open space, and developed with paved off-street parking spaces when the County determines that such off-street parking is necessary due to parking demand on the property which exceeds original expectations. The reserve area may not be counted as part of any required green space area. The County may require that a letter of credit or other approved financial surety be provided at the time of permit issuance in an amount not to exceed 125 percent of the estimated cost of parking lot completion, to be exercised at County discretion, should the need for parking lot completion be determined.

d.

If shared parking is approved by the Committee, a shared parking agreement, signed by all parties, shall be recorded with the Register of Deeds. The agreement shall state a minimum time frame for the agreement to be in force; provide for ingress/egress easements; and state safe and proper maintenance provisions for driveways, parking and pedestrian connections.

e.

Compliance with all other provisions of this section shall be required of all conditional uses (section 74-59/74-186).

(18)

High-bay warehouses using oxygen reduction fire prevention in the M-2 district. The County Zoning Agency may deny such a request or limit the maximum height if the community providing primary fire protection is not able to serve the proposed structures with existing equipment.

(Amd. of 1-11-05; Amd. of 5-10-05; Ord. No. 591-12/09, pt. XXIII, 12-15-09; Ord. No. 685-08/11, pt. XII, 8-9-11; Ord. No. 1049-06/17, pt. XLIV, 6-13-17; Ord. No. 1171-06/19, pt. XXXIII, 6-11-19; Ord. No. 1244-09/21, pt. V, 9-14-21; Ord. No. 1273-05/22, pt. XIX, 5-10-22)

Except where specifically permitted as a principal use in division 3, the following public and semi-public uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in sections 74-153 and 74-154 and upon the particular land use problems related to development of the site or sites as proposed.

(1)

Airports, airstrips, and landing fields, excluding heliports, in the A-2, A-3, A-4 districts and the P-2 and B-5 districts, provided, that the site area is not less than 20 acres.

(2)

Heliports in the A-2, A-3, A-4 districts, and the P2, B-2 and B-5 districts, provided that the principal structures and uses are not less than 100 feet from any residential district boundary.

(3)

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums in all districts except A-1, and except in the C-4, lowland resource conservation district. In the A-1 district see section 74-188.

(4)

Utilities in all districts (except A-1) provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial, which will require a ten-foot setback. Utilities required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those utilities required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit. In the A-1 district see section 74-188.

(5)

Public passenger transportation terminals such as bus, taxi and rail depots, except airports, airstrips, and landing fields, are allowed in the B-2, B-3, and B-4 district, provided that all principal structures and uses are not less than 100 feet from any residential district boundary.

(6)

Public, parochial, and private elementary and secondary schools in all residential, business, agricultural (except A-1) and P-1 districts, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line. In the A-1 district see section 74-188.

(7)

Churches in all residential, business, agricultural (except A-1) and P-1 districts, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line. In the A-1 district see section 74-188.

(8)

Sanitariums; religious, charitable, penal and correctional institutions, cemeteries, mausoleums, columbaria and crematories in the P-2, B-2 and B-4 districts provided all principal structures and uses are not less than 50 feet from any lot line.

(9)

Hospitals in the B-2, B-3, B-4 districts provided all principal structures and uses are not less than 50 feet from any lot line.

(10)

Lake management facilities and activities including equipment and vehicles used in lake weed harvesting and off loading activities in the P-1 and P-2 districts.

(11)

Shared parking. County Zoning Agency may grant conditional use approval for shared parking in the P-1 and P-2 districts after public hearing and review. The Committee may authorize as much as a 40 percent reduction in the area to be paved for non-residential off-street parking stalls when parking is shared by two or more uses provided:

a.

The uses that are sharing parking have peak parking demand at different times.

b.

Pedestrian sidewalks or paths are provided as safe connections between any uses sharing the parking area.

c.

Land-banking of reserved area: When a parking reduction has been authorized, the Committee shall require that sufficient area on the property be held in reserve for the potential future development of paved off-street parking to meet the full requirements. When required, this reserve off-street parking area shall be shown and noted on the site plan, maintained as open space, and developed with paved off-street parking spaces when the County determines that such off-street parking is necessary due to parking demand on the property which exceeds original expectations. The reserve area may not be counted as part of any required green space area. The County may require that a letter of credit or other approved financial surety be provided at the time of permit issuance in an amount not to exceed 125 percent of the estimated cost of parking lot completion, to be exercised at County discretion, should the need for parking lot completion be determined.

d.

If shared parking is approved by the Committee, a shared parking agreement, signed by all parties, shall be recorded with the Register of Deeds. The agreement shall state a minimum time frame for the agreement to be in force; provide for ingress/egress easements; and state safe and proper maintenance provisions for driveways, parking and pedestrian connections.

e.

Compliance with all other provisions of this ordinance shall be required of all conditional uses (section 74-59/74-186).

(12)

Signage provisions for on-premise signs as specified in section 74-214 for churches, schools, subdivisions or development signs may be modified by the Committee but no sign shall be closer than five feet to any property line.

(13)

Solar energy systems per chapter 65 of the Walworth County Code of Ordinances-Renewable Energy. Solar energy systems that are required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those renewable energy systems required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit. In the A-1 district see section 74-188.

(Ord. of 6-11-02; Amd. of 1-14-03; Ord. No. 332-01/06, pt. II, 1-10-06; Ord. No. 591-12/09, pt. XXIV, 12-15-09; Ord. No. 685-08/11, pt. XIII, 8-9-11; Ord. No. 879-09/14, pt. XXV, 9-4-14; Ord. No. 938-07/15, pt. XIII, 7-14-15; Ord. No. 1049-06/17, pt. XLV, 6-13-17; Ord. No. 1129-07/18, pt. VI, 7-10-18; Ord. No. 1171-06/19, pt. XXXIV, 6-11-19)

Mineral extraction related uses in the M-3, mineral extraction districts, including aggregate or ready-mix plants; clay, ceramic, and refractor minerals mining; crushed and broken stone quarrying; mixing of asphalt; nonmetallic mining services; processing of top soil; sand and gravel quarrying; washing, refining, or reprocessing of rock, slate, gravel, sand or mineral; and the extension of any existing mineral extraction related uses; the extension of any existing mineral extraction related uses and oil and gas exploration or production.

All of the above stated mineral extraction and related uses shall be subject to the following regulations and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing:

(1)

Plat of survey. Submittal of a plat of survey showing, as appropriate, the data and information set forth in section 74-185, topographic data (minimum contour interval of five feet vertical), existing natural resource base data, the location of existing and proposed access roads, and the depth of existing and proposed excavations and an approved reclamation plan.

(2)

Operations plan. Submittal of an operations plan, including at least a description of the operational methods proposed to be used; a list of equipment, machinery, and structures to be used and constructed; a description of the source, quantity, and disposition of water to be used; a description of proposed noise and dust control procedures; reclamation plan and proposed hours of operation.

(3)

Restoration plan. Submittal of a restoration plan, which shall include all pertinent data related to the proposed restoration of the site. Elements of the plan may include identification of natural features to be protected, proposed final contours (minimum contour interval of five feet vertical), type of fill, depth of restored topsoil, planting or reforestation, sodding or seeding, timing and completion data, or any other data applicable to the subject site. The restoration plan shall conform to the requirements of Article 6 Chapter 26 of the Nonmetallic Mining Reclamation Ordinance.

(4)

Permit duration. Any conditional use permit issued for a mineral extraction or related use under this section shall be in effect for a time period that shall be specified on the approved operations plan. Any variances in operation from those specified under the operations plan, or any expansion of an approved mineral extraction site or operation, shall require a new conditional use permit in accordance with the procedures set forth in sections 74-185 and 74-186. In this context, the term "expansion" shall refer both to new geographical areas of operation and to new or different operational methods and procedures.

(5)

Existing operations. Within 60 days after the effective date of this ordinance, all existing mineral extraction uses in shorelands shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in Sections 74-173 and 74-174. Notwithstanding the foregoing, however, the County Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

(6)

Licensing. A license from the State of Wisconsin Department of Natural Resources under Wis. Stats. ch. 295, subchapter 11 for oil and gas exploration or production is required.

(7)

Engineering. The Committee may require site-specific analysis from a professional engineer, at the applicant's expense, prior to the issuance, amendment, or renewal of a conditional use permit any time a reduced or eliminated setback is being proposed for excavations.

(8)

Nonmetallic mineral extraction in a farmland preservation area. Nonmetallic mineral extraction in a farmland preservation area requires all of the following to apply:

a.

The operation complies with subchapter I of Wisconsin State Statute chapter 295 and rules promulgated under that subchapter, with Walworth County nonmetallic mining reclamation ordinances, and with any applicable requirements of the department of transportation concerning the restoration of nonmetallic mining sites.

b.

The operation and its location in the farmland preservation area are consistent with the purposes of the farmland preservation plan.

c.

The operation and its location in the farmland preservation area is reasonable and appropriate, considering alternative locations outside the farmland preservation area, or are specifically approved under state or federal law.

d.

The operation is reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use.

e.

The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

f.

The owner is required to restore the land to agricultural use, consistent with any required locally approved reclamation plan, when extraction is completed.

(Ord. of 6-11-02; Ord. No. 740-09/12, pt. XXXIII, 9-6-12; Ord. No. 879-09/14, pt. XXVI, 9-4-14; Ord. No. 1366-05/25, pt. IV, 5-13-25; Ord. No. 1377-07/25, pt. VIII, 7-8-25)

Sanitary landfill operations and incinerators in the M-4, sanitary landfill district. All such operations shall be subject to the following regulations and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing:

(1)

Uses to comply with Wisconsin Administrative Code, applicable State statutes and Walworth County Solid Waste Management Plan. All sanitary landfill operations must be conducted in strict accordance with the provisions of the Wisconsin Administrative Code and Wis. Stats. ch. 289. Any proposal must also demonstrate its compatibility with the Walworth County Solid Waste Management Plan.

(2)

Plat of survey: Applicants shall submit a plat of survey showing as appropriate, the data and information set forth in section 74-185, topographic data (minimum contour interval two feet vertical), existing natural resource base data, the location of existing and proposed access roads, the depth of existing and proposed excavations and fills subsurface investigation: Including subsoil description and groundwater depth and movement.

(3)

Operations plan. All applications shall submit an operations plan that shall include at least a description of the operational methods proposed to be used; a list of equipment, machinery, and structures to be used and constructed; a description of the source, quantity, and disposition of the water to be used; a description of proposed leachate, litter, noise, rodent, and dust control procedures; and proposed hours of operation.

(4)

Restoration plan. All applications shall submit a restoration plan showing at least proposed contours (minimum contour interval of two feet vertical), type of fill, depth of restored topsoil, planting or reforestation, and timing and completion date.

(5)

Permit renewal. Any conditional use permit issued for a use permitted in this section, including permits issued to existing operations, shall be in effect for a specified time period, but not to exceed two years. Such permit may be renewed upon application for such successive periods, not to exceed two years each. Modifications to previous conditions or additional conditions may be imposed upon application for renewal, provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the County Planning and Development Committee after a public hearing.

(6)

Existing operations. Within 60 days after the effective date of this ordinance, all existing sanitary landfill operations in shorelands shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operations only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in section 74-173 and 74-174. Notwithstanding the foregoing, however, the County Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

Recycling in the P-1, P-2, M-1, M-2, M-3 and M-4 districts.

(1)

Materials are not to be stored longer than six months on property.

(2)

Materials are to be containerized or stored in buildings. The following information will be required as part of the conditional use application:

a.

A legal description of the property and the facility boundaries.

b.

The present ownership of the proposed facility property.

c.

Surrounding land uses.

d.

The area served, including population.

e.

The consistency of facility development with area-wide solid waste plans and land use plans.

f.

The types of vehicles and access routes used to transport solid waste to and from the facility.

g.

The persons responsible for facility construction and operation.

h.

Any additional procedures for the control of dust, odors, fire, vermin, insects, rodents, filth, and windblown materials, if appropriate.

i.

The names and locations of all solid waste disposal facilities at which solid waste will be disposed.

j.

Overall facility layout.

k.

Potential markets for the recyclables.

l.

A timetable for construction and operation.

m.

The tentative operating schedule for the facility.

n.

Provisions for protection of groundwater and surface waters during facility construction and operation.

o.

An estimate of the quantities and characteristics of the waste to be processed.

p.

A discussion of operating personnel responsibilities; hours of operation; methods of controlling fire, odors, and windblown materials; methods of controlling access. Persons responsible for operation and record keeping; names of facility licensee and owner; record keeping. Names and locations of solid waste disposal facilities at which any waste generated by the recycling operation will be disposed.

Yard waste composting in the A-1, A-2, A-3, A-4, P-1, P-2, M-1, M-2, M-3, M-4 districts.

Yard waste composting sites are regulated under the Wisconsin State Natural Resources Code NR 502 and have the following locational standards:

(1)

No person may establish, construct, operate, maintain or permit the use of property for any facility regulated under this chapter within the following areas, unless a waiver from the Department of Natural Resources has been granted;

a.

Within 1,000 feet of any navigable lake, pond or flowage.

b.

Within 300 feet of any navigable river or stream.

c.

Within a floodplain.

d.

Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate or Federal aid primary highway or the boundary of any public park unless the facility is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway or park.

e.

Within 10,000 feet of any airport runway used or planned to be used by turbojet aircraft or within 5,000 feet of any airport runway used only by piston type aircraft or within other areas where substantial bird hazard to aircraft would be created. This criterion is applicable only when the facility will be used for handling putrescible waste.

f.

Within 1,200 feet of any public or private supply well.

In addition to the required DNR site approval the county zoning ordinance requires a conditional use hearing on any compost facility over 20 cubic yards. (A backyard or neighborhood compost site under 20 cubic yards is exempt from the conditional use requirement.) The following information will be required as part of the conditional use application:

a.

A legal description of the property and the facility boundaries.

b.

The present ownership of the proposed facility property.

c.

Land use within ¼ mile of the proposed facility. Particular note shall be made of parks, hospitals, nursing homes, and areas of archaeological and historical significance.

d.

The area served, including population.

e.

The consistency of facility development with area-wide solid waste plans and land use plans.

f.

The predominant type of vegetation and wildlife within the proposed facility boundaries.

g.

The types of vehicles and access routes used to transport solid waste to and from the facility.

h.

The persons responsible for facility construction and operation.

i.

Any additional procedures for the control of dust, odors, fire, and windblown materials, if appropriate.

j.

The names and locations of all solid waste disposal facilities at which solid waste will be disposed.

k.

Overall facility layout.

l.

Potential markets for the compost.

m.

A timetable for construction and operation.

n.

The tentative operating schedule for the facility.

o.

Provisions for protection of groundwater and surface waters during facility construction and operation.

p.

A discussion of facility features such as: residence time and process temperatures for the compost; configuration of the facility; sizing of surface water drainage control structures; methods of controlling windblown material; and methods of screening the facility from the surrounding area, if appropriate.

q.

An estimate of the quantities and characteristics of the waste to be processed.

r.

A discussion of operating personnel responsibilities; hours of operation; methods of controlling fire, odors, and windblown materials; methods of controlling access. Persons responsible for operation and record keeping; names of facility licensee and disposal facilities at which any waste generated by the composting operation will be disposed.

(2)

Plans. The plan of operation shall include a map which contains the following information:

a.

An existing conditions map, which shows the entire facility and the area within 1.2 mile. A USGS map can be used to satisfy this requirement. This map shall include the proposed facility boundary, property lines, easements and right-of-way, roads, utilities, and other structures, topography, drainage swales, surface waters, wetlands, floodplains, and similar drainage features; wooded areas; screening, means of access control, areas to be cleared of vegetation, and other site features; and other features as appropriate.

Not to include solid waste and sludge composting which require a different DNR license.

Editor's note— Ord. No. 575-9/09, pt. XVIII, adopted September 8, 2009, amended the Code by repealing former § 74-198 in its entirety. Former § 74-198 pertained to nonconforming uses, and derived from an amendment of January 14, 2003.

Grounds for revocation of the conditional use permit, pursuant to section 74-162 and division 4 of this ordinance, shall be limited to one of the following findings:

(1)

The owner/applicant of such site fails to comply with the requirements of this ordinance as it existed at the time of the issuance of the conditional use permit;

(2)

The owner/applicant has failed to comply with the conditions of approval imposed.

(3)

If the Zoning Agency approved the conditional use for a specified amount of time with a known expiration date then, the conditional use shall be automatically revoked upon passing of the expiration date without implementation of the revocation process. The property owner may petition for an extension of the conditional use prior to the expiration date.

(4)

Conditional use permits that have not been actively exercised on a yearly basis since issuance may be subject to dismissal without prejudice. Dismissal without prejudice shall occur without implementation of the revocation process. In order to dismiss a conditional use without prejudice the county zoning administrator or designee shall provide certified notice to the current property owner indicating dismissal of the conditional use shall occur after 60 days of the notice. The notice shall state that the dismissal is the result of the owner's failure to actively exercise the conditional use activity on a yearly basis. The property owner may contest the dismissal by providing a written request of appeal before the county zoning agency within 30 days of the notice issuance. It shall be the responsibility of the property owner to verify the continued conditional use activity on a yearly basis before the county zoning agency. The owner shall be required to pay an associated review fee as established by the county zoning agency. Conditional use permits for livestock operations may be dismissed without prejudice according to the same notice procedure stated above if the permit holder fails to do the following within two years after issuance: begin populating the new or expanded livestock facility; begin construction on all of the new structures proposed by the permit.

(Ord. No. 364-06/06, pt. II, 6-13-06)

(a)

The owner/applicant of such site shall be notified by certified mail of noncompliance by the Walworth County Department of Planning, Zoning and Sanitation.

(b)

The owner/applicant shall comply with such notice within 30 days to the satisfaction of the Walworth County Planning, Zoning and Sanitation Department.

(c)

If compliance is not obtained within 30 days, the Walworth County Department of Planning, Zoning and Sanitation shall notify the Committee of the noncompliance and request permission to proceed with the revocation process. (This time period may be extended by staff to adjust for seasonal limitations.)

(d)

The Walworth County Planning, Zoning and Sanitation Department shall petition the Walworth County Board for a public hearing before the Committee following publication of a class 2 notice in the legal newspaper of Walworth County.

(e)

A copy of a hearing notice shall be mailed certified to the owner of record of the property at least two weeks prior to the hearing date.

(f)

A representative of the Walworth County Planning, Zoning and Sanitation Department shall appear at the hearing before the Committee to present the evidence of noncompliance. All other interested parties may also give testimony to the Committee.

(g)

In compliance with the procedures of a conditional use hearing, a written decision of the Committee will be made.

No obstruction, such as structures, parking, or vegetation shall be permitted in any district above the height of two and one-half feet above the plane through the mean centerline roadway grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located 50 feet from their point of intersection.

In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space be increased to 100 feet along each right-of-way line from their point of intersection.

In all districts, adequate loading areas shall be provided and located so that all vehicles loading, maneuvering, or unloading are completely off the public ways and so that vehicles need not back onto any public way.

In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following, except as permitted in 74-203(11) and 74-203(12):

Number of Parking Stalls

(1)

Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.

(2)

Combinations. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use, unless shared parking is reviewed and approved by the Committee in accordance with the conditional use process (see div. 4).

(3)

Access. Adequate access to a public street shall be provided for each parking space, and driveways shall be at least ten feet wide for one- and two-family dwellings, at least 12 feet wide for commercial bed and breakfast establishments and at least 24 feet wide for all other uses, unless modified and approved by the Committee. Driveways that have no other feasible location to provide access to the lot or parcel of land and that employs best management practices to infiltrate or otherwise control storm water runoff from the driveway may be exempt from the shoreyard setback requirement provided the driveway does not exceed ten feet in width.

(4)

Size. Size of each parking space shall be not less than 180 square feet exclusive of the space required for ingress and egress.

(5)

Location. Location to be on the same lot as the principal use, or on a lot not over 400 feet from the principal use. Parking stalls and interior driveways located in the A-4, P-1, P-2, R-4, R-5, R-5A, R-6, R-7, R-8, B-1, B-2, B-3, B-4, B-5, B-6, M-1, M-2 districts shall be located at least 25 feet from any vehicular right-of-way. Parking stalls and driveways in the A-4, P-1, P-2, R-4, R-8, B-1, B-2, B-3, B-4, B-5, M-1, M-2, M-3, and M-4 districts shall be located at least 25 feet from any R-1, R-2, R-2A, R-3, R-5, R-5A, R-6, R-7, and A-5 district lot line and at least five feet from any property line. No parking stall or driveway is permitted within the shoreyard, except as provided in (3) above.

(6)

Surfacing. All off-street parking areas shall be graded and surfaced so as to be dust free and properly drained. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

(7)

Curbs or barriers. Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

(8)

Existing uses: Uses existing on the effective date of this ordinance which do not have the required amount of parking space shall not further reduce said space; and no expansion of the use shall be permitted, unless additional parking spaces in compliance with the setback requirements and equal to the parking requirement for the expansion are provided as part of the expansion.

(9)

Change of use: Whenever an existing use of a lot is hereafter proposed to be changed to a use having greater parking requirements, the applicant shall provide additional parking spaces in compliance with the setback requirements and equal to the difference in required parking spaces between the existing use and the proposed use.

(10)

Parking areas existing on the effective date of this ordinance which do not meet the setback requirements may be continued as established. Once the parking area has been changed so as to comply with the provisions of this ordinance it shall not revert back. If the parking area is discontinued or terminated for a period of 12 months, any future use shall conform to the provisions of this ordinance.

(11)

In instances where a Town has adopted an ordinance that addresses event parking, and when an approved event is taking place on public property such as a public lake or public park, the event coordinator may arrange temporary parking accommodations with the Town. Any on-street parking must be approved by the controlling road jurisdiction.

(12)

Temporary parking accommodations may be arranged for by a municipality for community events organized by the municipality. Any on-street parking must be approved by the controlling road jurisdiction.

(Ord. of 6-11-02; Amd. of 4-19-05; Ord. No. 591-12/09, pt. L, 12-15-09; Ord. No. 685-08/11, pt. XIV, 8-9-11; Ord. No. 740-09/12, pt. XXXIV, 9-6-12; Ord. No. 819-12/13, pt. VII, 12-10-13; Ord. No. 1049-06/17, pt. XLVI, 6-13-17; Ord. No. 1273-05/22, pt. XX, 5-10-22; Ord. No. 1293-11/22, pt. II, 11-7-22; Ord. No. 1319-07/23, pt. VII, 7-11-23)

All driveways installed, altered, changed, replaced, or extended after the effective date of this ordinance shall meet the following requirements:

(1)

Openings for vehicular ingress and egress shall not exceed 35 feet at the property line.

(2)

Vehicular entrances and exits to drive-in theaters, banks, and restaurants; motels, funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, hospital, park playground, library, or other place of public assembly.

(Ord. of 6-11-02; Ord. No. 466-11/07, pt. XXIV, 11-13-07)

No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction.

No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:

(1)

Freeways, interstate highways, and their interchanges on turning lanes nor to intersecting or intersection streets within 1,500 feet of the most remote end of the taper of the turning lanes.

(2)

Arterial streets intersecting another arterial street within 100 feet of the intersection of the right-of-way lines.

(3)

Access barriers, such as curbing, fencing, ditching, landscaping, or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.

(4)

Temporary access to the above rights-of-way may be granted by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.

Depending on their size, number and character, signs either provide useful information or detract from the quality of life for residents and attractiveness of the County. Large and tall signs threaten scenic beauty and distract motorists. Therefore, the purpose of this division is to protect public health, safety and welfare and specifically to promote the safety of public travel on roads. In addition, it is the intent of Walworth County to limit the size, type and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety. This division is authorized, in part, by Wis. Stats. § 59.70(22).

(Amd. of 10-14-03, pt. I)

(a)

All signs are prohibited in any zoning district except as provided in sections 74-211, 74-212, 74-213, 74-214, 74-215 and 74-217.

(b)

Back-to-back signs shall constitute one sign within the meaning of this division.

(c)

All parts of a sign shall meet the setbacks as provided herein.

(d)

All signs are prohibited from being illuminated except those specifically provided for in sections 74-211, 74-214 and 74-215.

(e)

No sign shall contain, include or be illuminated by a flashing or moving light or be composed of any animated part, except as exempted under law.

(f)

Illuminated signs shall be effectively shielded so as to prevent beams of light from being directed on any adjoining property or portion of a street or road or to impair the vision of any motorist. All such signs shall conform to the electrical code. Any illuminated sign located within 500 feet of a residential zone shall be extinguished at the close of business conducted within the building or upon the premises to which the sign is attached or located, or at 11:00 p.m., whichever is earlier.

(g)

No sign shall resemble, imitate or approximate the shape, size, form or color of traffic or railroad signs, signals or devices. No sign shall be placed so as to obstruct or interfere with traffic visibility.

(h)

No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape.

(i)

No sign shall encroach in any street or highway right-of-way.

(j)

In the case of signage not enumerated, the provision governing a sign that is similar shall apply.

(k)

Billboards are prohibited except as provided in section 74-215 and are further prohibited within 2,000 feet of any State designated rustic road.

(l)

The owner of any sign shall keep it in sound condition, well maintained and in good appearance and repair and shall maintain the premises on which the sign is located in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish, refuse, debris and weeds.

(m)

Abandoned signs shall be promptly removed by the owner of the property upon which said abandoned sign is located.

(n)

Where State or Federal law governing signs contains more restrictive conditions, such State or Federal law conditions shall apply. Signs shall be subject to any restrictions lawfully enacted by any town, city or village. Where such ordinance provides more restrictive conditions, such conditions shall apply.

(Amd. of 10-14-03, pt. I; Ord. No. 459-09/07, pt. II, 9-11-07; Ord. No. 466-11/07, pt. XXV, 11-13-07; Ord. No. 562-06/09, pt. VIII, 6-9-09; Ord. No. 1049-06/17, pt. XLVII, 6-13-17)

Only those signs enumerated in sections 74-211, 74-212, 74-213, 74-214, 74-215 and 74-217 but not including off-premise signs, shall be permitted to face a R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-8. A-5, C-2 and C-3 district within 100 feet of such district boundary.

(Amd. of 10-14-03, pt. I)

Signs lawfully existing at the time of the adoption or amendment of this division may be continued although the use, size or location does not conform with the provisions of this division. Such signs shall be subject to the nonconforming use or substandard structure provisions of division 7 as applicable.

(Amd. of 10-14-03, pt. I; Ord. No. 562-06/09, pt. IX, 6-9-09)

No person shall locate, erect, move, reconstruct, extend, enlarge, convert or structurally alter a sign without first obtaining a zoning permit, except as provided herein, and without being in conformity with the provisions of this article.

(Amd. of 10-14-03, pt. I)

The following signs may be erected, placed, posted or exhibited in any zoning district without a permit and subject to the conditions herein specified: and shall not be included in the determination of type, number or area of signs allowed in any zoning district:

(1)

Name, occupation and warning signs not over two square feet in area, provided the same is limited to one for each premises and the same is located at least five feet from the outer limit of the street or highway right-of-way.

(2)

Real estate signs, single or double faced, not over nine square feet in area and six feet in height on property in residential zones and 32 square feet or less and six feet in height on property in nonresidential zones, provided there is no more than one sign for each premise and it is located at least five feet from the street or highway right-of-way, ten feet from the side property lines and 50 feet from any intersection.

(3)

Directional signs not over two square feet in area provided such sign is located at least 50 feet from any intersection and five feet from the street or highway right-of-way. Each institution erecting such signs shall be limited to three in number. More than three directional signs in the A-1, A-2, A-3, and A-4 districts are subject to conditional use review by the Committee.

(4)

"No Hunting" and "No Trespassing" signs, provided the sign does not exceed two square feet in area;

(5)

Memorial signs, tablets, names of buildings and the date of erection when cut into any masonry, surface or when constructed of metal and affixed flat against a structure;

(6)

Recreational signs within a municipal park not over nine square feet in area, six feet in height and located at least five feet from the street or highway right-of-way and ten feet from any intersection;

(7)

Any Federal, State or local government sign, without limitation.

(8)

Official signs such as traffic control, parking restrictions, warning, information and notices as required by law;

(9)

Window signs placed on the inside of commercial buildings provided such sign does not exceed 25 percent of the glass pane upon which the sign is displayed. Such signs may be illuminated and may be changeable copy when the building is open for business.

(10)

A sign appurtenant to a home occupation or daycare, limited to one sign per parcel and provided said sign does not exceed nine square feet in area and six feet in height, is located at least five feet from the street and highway right-of-way at least ten feet from a side property line, and 50 feet from any intersection.

(11)

A sign appurtenant to a bed and breakfast establishment limited to one sign per parcel and provided that said sign does not exceed nine square feet in area and six feet in height, is located at least five feet from the street and highway right-of-way, at least ten feet from a side property line, and 50 feet from any intersection.

(12)

A sign appurtenant to a community-based residential facility limited to one sign per parcel and provided that said sign does not exceed nine square feet in area and six feet in height, is located at least five feet from the road and highway right-of-way, at least ten feet from a side property line, and 50 feet from any intersection.

(13)

Rummage/garage sale signs. Rummage or garage sale signs not to exceed nine square feet in area and six feet in height, provided that such signs are limited to 72 hours per sale. A maximum of three such signs shall be allowed off-premises.

(14)

Except as may be necessary to ensure traffic or pedestrian safety, the provisions of this division do not apply to signs containing political messages erected on property during election campaign periods. Such signs shall not be located within 50 feet of an intersection. The person or organization responsible for the erection or distribution of any such sign and the owner of the property upon which the sign is located, shall cause the same to be removed within 72 hours following the election campaign period.

(Amd. of 10-14-03, pt. I; Ord. No. 562-06/09, pt. X, 6-9-09; Ord. No. 1049-06/17, pt. XLVIII, 6-13-17)

The following on-premise ground signs may be erected, placed or posted in all A-1, A-2, A-3, A-4, A-5, C-2 and C-3 districts without a permit and subject to the conditions herein specified, unless reviewed and modified by the Committee through the conditional use process:

(1)

Agricultural signs pertaining to the sale of products actually grown on a farm or to membership in agricultural or agricultural-related organizations which shall not exceed 24 square feet in area for any one sign, provided that no more than two signs are permitted on any one farm, shall not exceed six feet in height, such signs are located at least five feet from the street or highway right-of-way, are at least ten feet from a side property line, such signs are more than 50 feet from any intersection and are located on the same premises as the products for sale.

(2)

An on-premise business sign for lands zoned A-4 reviewed and approved as part of a conditional use process provided the sign is located at least five feet from all property lines.

(3)

A sign appurtenant to an approved use limited to one sign per parcel and does not exceed nine square feet in area, is located at least five feet from the road right-of-way, at least ten feet from a side property line and shall not exceed six feet in height and shall be located at least 50 feet from any intersection.

(4)

Seasonal signs not to exceed nine square feet in area. Such signs shall be located at least five feet from the road right-of-way, at least ten feet from a side property line, shall not exceed six feet in height and shall be located at least 50 feet from any intersection.

(Amd. of 10-14-03, pt. I; Amd. of 1-11-05; Ord. No. 562-06/09, pt. XI, 6-9-09; Ord. No. 606-04/10, pt. I, 4-22-10; Ord. No. 740-09/12, pt. XXXV, 9-6-12; Ord. No. 1049-06/17, pt. XLIX, 6-13-17)

The following signs may be placed, posted or exhibited in any zoning district without a zoning permit and subject to the conditions herein specified:

(1)

Construction announcement signs not to exceed 32 square feet in area and six feet in height which announce new subdivisions, new industrial parks and similar facilities, provided the sign is located on the premises where the new facility is located, one sign is permitted per facility and the sign is located at least five feet from the outer limits of the street or highway right-of-way and at least 50 feet from any intersection. For the purposes of this provision, a temporary construction announcement sign is one that will be used for no more than one year;

(2)

A sign pertaining to drives or events of civic, philanthropic, educational, religious, or non-profit organizations of not more than 12 square feet and six feet in height may be erected, placed, posted or exhibited in any district provided the sign is located at least five feet from the street or highway right-of-way and at least 75 feet from any intersection. For the purposes of this provision, a temporary drive or event sign is one that will be used for no more than 30 days and not more than four events per calendar year shall be allowed; events may not be consecutive and at least 30 days shall have elapsed between events.

(Amd. of 10-14-03, pt. I)

The following on-premise signs may be erected, placed or posted in all districts with a permit and subject to the conditions herein specified, unless reviewed and modified by the Committee through the conditional use process:

(1)

Churches or schools.

a.

Signs shall not exceed 25 square feet in area.

b.

Signs shall be setback a minimum of five feet from all property lines.

c.

Signs shall be located at least 50 feet from any intersection.

d.

Signs shall not exceed six feet in height.

e.

Changeable copy panels are permitted.