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Eureka Town City Zoning Code

ARTICLE II

- DISTRICT REGULATIONS

Sec. 42-42. - Districts established; other zoning regulations.

(a)

The following are the zoning districts of the county:

(1)

Residential (R-1).

(2)

Hamlet (H-1).

(3)

Residential-Agricultural 5 (RA-5).

(4)

Agriculture 10 (A-1).

(5)

Agriculture 20 (A-2).

(6)

Farmland Preservation (A-3).

(7)

Natural Resources (N-1).

(8)

General Business and Commercial (B-1).

(9)

Recreational Business and Commercial (B-2).

(10)

Small Business and Commercial (B-3).

(11)

Industrial (I-1).

(12)

Mining (M-1).

(b)

The following additional county legislation may impact the above listed zoning districts:

(1)

Shoreland overlay.

(2)

Floodplain regulations.

(3)

Lower St. Croix Riverway regulations.

(4)

County sanitary regulations.

(Ord. No. 07-19, § 10.4, 3-19-2019; Ord. No. 37-20, § 10.4, 9-15-2020)

Sec. 42-43. - Official zoning map.

The locations and boundaries of the primary zoning districts established by this article are set forth on zoning maps which are hereby incorporated by reference as though part of this article. It shall be the responsibility of the zoning administrator to maintain and update the zoning maps and any amendments thereto.

(Ord. No. 07-19, § 10.4.1, 3-19-2019; Ord. No. 37-20, § 10.4.1, 9-15-2020)

Sec. 42-75. - Residential District (R-1).

(a)

Purpose and intent. The purpose and intent of the R-1 Residential District is to promote residential uses and other compatible uses associated with residential neighborhoods.

(b)

Allowed and permitted uses. The following uses are allowed or permitted:

(1)

Single-family, including manufactured homes.

(2)

Accessory structures, clearly incidental to the residential use of the property.

(3)

Gardening, including nurseries for the propagation of plants only.

(4)

Municipal parks and playgrounds, including swimming pools, golf courses, tennis courts and picnic grounds, provided the parking requirements in section 42-117 are met.

(5)

Home business, provided the parking requirements in section 42-117 are met.

(6)

Conservation design development (CDD), according to section 42-17 and the county subdivision regulations.

(7)

Up to six poultry in a fenced area if there are no roosters.

(c)

Changes in use that require a land use permit. The following changes in use require a land use permit:

(1)

Tourist rooming house as defined in the ordinance, provided they meet the following conditions:

a.

Accessory building must not have sleeping accommodations.

b.

No RVs or campers allowed for overnight stay.

c.

All parking to be on an impervious surface and must be contained on the property.

d.

Applicant must obtain all proper licensing, including annual land use permit renewal.

e.

All fires and embers are to be extinguished by 11:00 p.m., with no unattended fires.

f.

Applicant must have 24-hour contact number available to the public.

g.

Property must remain free from citation and charges for nuisance, disorderly conduct, or any other illegal activity.

h.

Quiet hours shall be imposed from 11:00 p.m. to 7:00 a.m.

i.

Applicant and renters must comply with all applicable laws and regulations:

1.

Department of natural resources lake regulations to be included in rental information.

2.

Lake association rules to be included in rental information.

3.

Owner is responsible to state and local jurisdictions for compliance with firework regulations.

j.

All pets must be contained on the rental property unless they are on public property.

k.

Property lines must be surveyed with boundaries clearly staked by a professional land surveyor.

l.

All conditions that apply to renters shall be included in rental information.

m.

Existing septic system to be inspected and approved. The zoning office can inspect or require the septic system to be inspected annually.

n.

Local uniform building inspector shall be hired by the applicant to determine the number of legal bedrooms in the dwelling. The zoning office can require additional building inspections performed by the local building inspector annually at the operator's expense.

o.

Any advertisement shall include the land use permit number and the health department license number.

p.

Max rental of 180 consecutive days per year, with a minimum rental period of seven consecutive days.

q.

Anyone operating a tourist rooming house without a valid permit must cease said violation for a period of three months prior to applying for a land use permit to operate a tourist rooming house under this section. The application must be accompanied by the original required permit fee and the after-the-fact fee.

(2)

Bed and breakfast establishments, provided they meet the following conditions:

a.

No RVs, campers, tents or other means of overnight stay allowed.

b.

All sleeping accommodations must be within the dwelling unit.

c.

All parking must be contained on the property.

d.

Applicant must obtain all proper licensing.

e.

Applicant must have 24-hour contact number available to the public.

f.

Property must remain free from citation and charges for nuisance, disorderly conduct or any other illegal activity, and in compliance with county ordinances, state and local laws.

(3)

Bunkhouses meeting the conditions in section 42-122 at a minimum.

(4)

Two family dwellings when in compliance with the minimum lot size and density requirements of this district for each unit.

(d)

Conditional uses. The following conditional uses are permitted: Schools, churches, and municipal buildings except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance equipment.

(e)

Lot, height, yard, and setback requirements. The following requirements shall apply:

(1)

Minimum lot size is one acre except in CDD areas. Lot dimensions in subdivisions shall be in accordance with the county subdivision regulations.

(2)

Maximum building height is 35 feet.

(3)

The side yard setback is ten feet for principal structures and five feet for accessory structures.

(4)

The rear yard setback is 25 feet for principal structures and five feet for accessory structures.

(5)

Road setback regulations shall apply to all corner lots.

(f)

Road setbacks. Road setbacks shall be pursuant to the provisions of section 42-14.

(Ord. No. 07-19, § 10.4.2, 3-19-2019; Ord. No. 37-20, § 10.4.2, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022; Res. No. 08-23, § 1, 3-21-2023; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-76. - Hamlet District (H-1).

(a)

Purpose and intent. The goal of this district is to allow for land uses that mimic a rural, unincorporated village setting and allow for continuance of that settlement pattern. To allow for smaller lots sizes in areas served by community sewer systems. In addition, this district will allow for mixed uses of residential and commercial as was typical of the historical development pattern of rural hamlets.

(b)

Allowed and permitted uses. The following uses are allowed or permitted:

(1)

All allowed and permitted uses in R-1.

(2)

All uses permitted in the B-3 district.

(4)

Manufactured home park that meets the conservation design development standards and conditions found in section 42-120.

(c)

Changes in use that require a land use permit. The following changes in use require a land use permit:

(1)

Tourist roominghouses with conditions in R-1.

(2)

Bed and breakfasts with conditions in R-1.

(3)

Bunkhouse with the conditions in section 42-122 at a minimum.

(4)

Two-family and multi-family dwellings when in compliance with the minimum lot size and density requirements of this district for each unit.

(d)

Conditional uses. Conditional uses include all conditional uses permitted in the R-1 district and other similar and compatible use as determined by the environmental services committee.

(e)

Lot, height, yard and setback requirements. The following requirements shall apply:

(1)

Minimum lot size is 30,000 square fit for private on-site wastewater treatment system (POWTS), 10,000 square feet for public sewer.

(2)

Lot dimensions in accordance with the county subdivision regulations.

(3)

Maximum residential use principal building height is 35 feet.

(4)

Maximum commercial use principal building height is 45 feet or three stories.

(5)

Maximum accessory building height is 35 feet for commercial and residential uses.

(6)

Side yard setback shall be ten feet for principal structures and five feet for accessory structures.

(7)

Rear yard setback shall be 25 feet for principal structures and five feet for accessory structures.

(8)

Road setback shall be five feet from road right-of-way.

(f)

Road setbacks; off-street parking. Road setbacks shall be governed pursuant to the provisions of section 42-14 and off-street parking shall be regulated by section 42-117.

(Ord. No. 07-19, § 10.4.3, 3-19-2019; Ord. No. 37-20, § 10.4.3, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-77. - Residential-Agricultural District 5 (RA-5).

(a)

Purpose and intent. The R-A district 5 is meant to allow for limited residential development in areas that transition from incorporated areas to rural areas and farmland preservation areas.

(b)

Density. The target density for this district is one residential dwelling per five acres of land or eight dwellings per 40 acres.

(c)

Allowed and permitted uses. The following uses are allowed or permitted:

(1)

All allowed and permitted uses in the R-1 district.

(2)

Agricultural uses found in A-1 except fur-farming.

(3)

Conservation design development when done in accordance with density standards of section 42-17 and the county subdivision regulations.

(4)

Schools.

(5)

Churches.

(6)

Municipal buildings.

(7)

Manufactured home park that meets the conservation design development standards and conditions found in section 42-120.

(d)

Changes in use that require a land use permit. The following changes in use require a land use permit:

(1)

Tourist roominghouses with conditions in R-1.

(2)

Bed and breakfasts with conditions in R-1.

(3)

A bunkhouse with the conditions in section 42-122 at a minimum.

(4)

Cemeteries and burial sites.

(5)

Contractor storage yard, when the design standards of section 42-116 are applied.

(6)

Two-family and multi-family dwellings when in compliance with the minimum lot size and density requirements of this district for each unit.

(7)

Limited, short-term non-metallic mining activities.

(e)

Lot sizes. The following restrictions on lot sizes shall apply:

(1)

Traditional development. For a traditional development, the density standard is one dwelling unit per five acres. The minimum lot size is one acre except in conservation development design.

(2)

Determining residential lots per parent lot. In the residential-agricultural district (RA-5), a maximum of eight lots will be allowed per 40 acres, which includes any original principal structure or dwelling, except for lots created using the conservation development design provision. To calculate the number of lots available for development in this district, divide the gross site area of the contiguous lands held in single ownership as of the date of adoption of this chapter by five. This is the total number of residential lots or dwelling units that will be allowed on the lands from the effective date of this chapter forward.

(3)

Table and sample calculation. Table 2 below indicates the number of residential lots that can be created based on the number of acres owned at the time of the adoption of this chapter. Round up if any fractional amount is equal to one-half or greater. Example calculations:

a.

A 32-acre lot is allowed six residential lots (32/5 = 6.4 which rounds down to six).

b.

19 acres = four residential lots (19/5 = 3.8 which rounds up to four).

Table 2. Calculation of Residential Parcels Allowed

Size of Base Tract of Land Total Allowed Dwelling Lots
Less than 7.5 acres 1
7.5 to less than 12.5 acres 2
12.5 to less than 17.5 acres 3
17.5 to less than 22.5 acres 4
22.5 to less than 27.5 acres 5
27.5 to less than 32.5 acres 6
32.5 to less than 37.5 acres 7
37.5 to less than 40 acres 8

 

(f)

Height, yard, and setback requirements. The following requirements shall apply:

(1)

Maximum building height is 35 feet.

(2)

Side yard setback is ten feet for principal structures and five feet for accessory structures.

(3)

Rear yard setback is 25 feet for principal structures and five feet for accessory structures.

(4)

Road setback regulations shall apply to all corner lots.

(g)

Road setbacks. Road setbacks shall be governed pursuant to the provisions of section 42-14.

(Ord. No. 07-19, § 10.4.4, 3-19-2019; Ord. No. 37-20, § 10.4.4, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022; Res. No. 08-23, § 1, 3-21-2023; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-78. - Agricultural 10 District (A-1).

(a)

Purpose and intent. The Agricultural 10 District (A-1) is meant to allow for the continuation of agriculture and agricultural production with limited residential development. This district will have a density of principal structures not to exceed four per 40 acres. This district shall further provide protections for agricultural producers for normal agricultural activities including but not limited to: manure spreading, equipment noise, animal noise, necessary lighting, night/weekend hours, smell, dust, grain facilities, and other uses commonly associated with the allowed and permitted uses in this district.

(b)

Allowed and permitted uses. The following uses are allowed or permitted:

(1)

Agricultural uses, including any of the following:

a.

Crop or forage production.

b.

Keeping livestock.

c.

Beekeeping.

d.

Nursery, sod, or Christmas tree production.

e.

Floriculture.

f.

Aquaculture.

g.

Fur-farming.

h.

Forest management.

i.

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

j.

Accessory structure that is an integral part of, or is incidental to, an agricultural use.

k.

Roadside stand.

l.

Personal stable.

(2)

A single-family dwelling.

(3)

Accessory buildings incidental to the residential use of the property.

(4)

Home business.

(5)

Conservation design development when done in accordance with density standards, section 42-17, and the county subdivision regulations.

(6)

Schools.

(7)

Churches.

(8)

Undeveloped natural resource and open space areas.

(9)

One additional farm residence, which shall be sited so that it may be separated from the original farm parcel on which it is located in compliance with the county subdivision regulations.

(10)

Contractor storage yard.

(c)

Changes in use that require a land use permit. The following changes in use require a land use permit:

(1)

Tourist roominghouses with conditions in R-1.

(2)

Bed and breakfasts with conditions in R-1.

(3)

Cemeteries/burial sites.

(4)

A bunkhouse with the conditions in section 42-122 at a minimum.

(5)

Two-family dwellings when in compliance with the minimum lot size and density requirements for each unit.

(6)

Limited, short-term non-metallic mining activities.

(d)

Conditional uses. The following conditional uses are permitted:

(1)

Agriculturally-related businesses, such as, but not limited to:

a.

Feed mills.

b.

Commercial stables.

c.

Implement dealers.

d.

Agricultural cooperatives.

e.

Veterinarians.

f.

Wineries.

g.

Composting sites.

h.

Other similar and compatible agriculturally-related businesses.

(2)

Kennels when at least 300 feet from property lines.

(3)

Animal shelters when at least 300 feet from property lines.

(4)

Junkyards/salvage yards.

(5)

Airports/airstrips.

(6)

Outdoor commercial events with not more than six events per year.

(e)

Lot restrictions. The following requirements shall apply:

(1)

Target density standard. Target density standard for the Agricultural 10 District (A-1) is four residential lots per 40 acres.

(2)

Minimum lot size. Minimum lot size is one acre, except in conservation development design.

(3)

Determining residential lots per parent lot. In the Agricultural 10 District (A-1), a maximum of four non-farm dwellings will be allowed per 40 acres, which includes any original principal structure or dwelling, except for lots created using the conservation development design provision.

(4)

Table and sample calculation. To calculate the number of lots available for development in this district, divide the gross site area of the contiguous lands held in single ownership as of the date of adoption of this chapter by ten. This is the total number of residential lots or dwelling units that will be allowed on the lands from the effective date of this chapter forward. Round up if any fractional amount is equal to one-half or greater (see Table 3). Example calculations:

a.

32-acre lot is allowed three residential lots (32/10 = 3.2 which rounds down to three).

b.

16 acres = two residential lots (16/10 = 1.6 which rounds up to two).

Table 3. Calculation of Residential Lots Allowed in A-10

Size of Base Tract of Land Total Allowed Lots
Up to 15 acres 1
15 acres or greater, but less than 25 acres 2
25 acres or greater, but less than 35 acres 3

 

(f)

Height, yard, and setback requirements. The following requirements shall apply:

(1)

Maximum building height is 35 feet.

(2)

Farm buildings are exempt from these height restrictions.

(3)

Side yard setback is 25 feet for all structures.

(4)

Rear yard setback is 25 feet for all structures.

(5)

Road setback regulations shall apply to all corner lots.

(g)

Road setbacks. Road setbacks shall be governed pursuant to the provisions of section 42-14.

(Ord. No. 07-19, § 10.4.5, 3-19-2019; Ord. No. 37-20, § 10.4.5, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022; Res. No. 08-23, § 1, 3-21-2023)

Sec. 42-79. - Agricultural 20 District (A-2).

(a)

Purpose and intent. The Agricultural 20 District (A-2) is meant to allow for the continuation of agriculture and agricultural production with limited residential development. This district will have a density of principal structures not to exceed two per 40 acres. This district shall further provide protections for agricultural producers for normal agricultural activities including but not limited to: Manure spreading, equipment noise, animal noise, necessary lighting, night/weekend hours, smell, dust, grain facilities, and other uses commonly associated with the allowed and permitted uses in this district.

(b)

Allowed and permitted uses. All uses allowed and permitted in the A-1 district are allowed in the A-2 district.

(c)

Conditional uses. All conditional uses allowed and permitted in the A-1 district are allowed in the A-2 district.

(d)

Lot restrictions. The following requirements shall apply:

(1)

Density standard. The density standard for the Agricultural 20 District (A-2) is a maximum of two lots/principal structures per 40 acres.

(2)

Minimum lot size. Minimum lot size is one acre except in conservation development design.

(3)

Residential lots per parent lot. In the Agricultural District 20 (A-2), a maximum of two lots/principal structures will be allowed per 40 acres, which includes any original principal structure or dwelling, except for lots created using the conservation development design provision.

(4)

Table and sample calculation. To calculate the number of lots available for development in this district, divide the gross site area of the contiguous lands held in single ownership as of the date of adoption of this chapter by 20. This is the total number of new residential lots or dwelling units that will be allowed on the lands from the effective date of this chapter forward. Round up if any fractional amount is equal to one-half or greater (see Table 4). Example calculation: A 32-acre lot is allowed two residential lots (32/20 = 1.6 which rounds up to two).

Table 4. Calculation of Residential Lots Allowed in A-20

Size of Base Tract of Land Total Allowed Lots
Less than 30 acres 1
30 acres or greater 2

 

(e)

Height, yard, and setback requirements. The following requirements shall apply:

(1)

Maximum building height is 35 feet.

(2)

Farm buildings are exempt from these height restrictions.

(3)

Side yard setback is 25 feet for all structures.

(4)

Rear yard setback is 25 feet for all structures.

(5)

Road setback regulations shall apply to all corner lots.

(f)

Road setbacks. Road setbacks shall be governed pursuant to the provisions of section 42-14.

(Ord. No. 07-19, § 10.4.6, 3-19-2019; Ord. No. 37-20, § 10.4.6, 9-15-2020; Res. No. 08-23, § 1, 3-21-2023)

Sec. 42-80. - Farmland Preservation District (A-3).

(a)

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

(b)

Allowed and permitted uses. The following uses are allowed or permitted:

(1)

Agricultural uses, meaning any of the following activities conducted for the purpose of producing an income or livelihood:

a.

Crop or forage production.

b.

Keeping livestock.

c.

Beekeeping.

d.

Nursery, sod, or Christmas tree production.

e.

Floriculture.

f.

Aquaculture.

g.

Fur-farming.

h.

Forest management.

i.

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

j.

Any other use that the state department of agriculture, by rule, identifies as an agricultural use.

(2)

A farm residence including a manufactured home.

(3)

Accessory buildings incidental to the residential use of the property.

(4)

Accessory structure that is an integral part of, or is incidental to, an agricultural use.

(5)

Home business that meets Wis. Stats. § 91.01(1) requirements.

(6)

Undeveloped natural resource and open space areas.

(7)

Transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a special use permit for that use.

(8)

Other uses identified by state department of agriculture rule.

(c)

Changes in use that require a land use permit. The following changes in use require a land use permit:

(1)

Tourist roominghouses with conditions in R-1.

(2)

Bed and breakfasts with conditions in R-1.

(3)

A bunkhouse with the conditions in section 42-122 at a minimum.

(4)

Contractor storage yard with conditions in RA-5.

(d)

Conditional uses. The following conditional uses are permitted:

(1)

Agriculturally-related businesses, such as, but not limited to:

a.

Feed mills.

b.

Commercial stables.

c.

Implement dealers.

d.

Agricultural cooperatives.

e.

Veterinarians.

f.

Wineries.

g.

Composting sites.

(2)

Creation of a nonfarm residence or conversion of a farm residence to a nonfarm residence through a change in occupancy, subject to the following requirements:

a.

The ratio of nonfarm residential acreage to farm acreage on the base farm tract on which the residence is or will be located will not be greater than 1:20 after the residence is constructed or converted to a nonfarm residence.

b.

There will not be more than four dwelling units in nonfarm residences, nor more than five dwelling units in residences of any kind, on the base farm tract after the residence is constructed or converted to a nonfarm residence.

c.

The location and size of the proposed nonfarm residential lot, and, for a new nonfarm residence, the location of the nonfarm residence on that nonfarm residential lot, will not do any of the following:

1.

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 lot or a nonfarm residence.

2.

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

(3)

Creation of a nonfarm residential cluster that covers more than one nonfarm residence if all of the following apply:

a.

The lots on which the nonfarm residences would be located are contiguous.

b.

Each nonfarm residence constructed in the nonfarm residential cluster must satisfy the requirements of conditional uses in subsection (d)(2) of this section.

(4)

Governmental, institutional, religious, nonprofit community uses, transportation, communication, pipeline, electric transmission, utility, or drainage uses, if all of the following apply:

a.

The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.

b.

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.

c.

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.

d.

The use does not substantially impair or limit the current or future agricultural use of surrounding lots of land that are zoned for or legally restricted to agricultural use.

e.

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(e)

Lot restrictions. The density standard for the farmland preservation district is as described in subsections (d)(2) and (3) of this section.

(f)

Height, yard, and setback requirements. The following requirements shall apply:

(1)

Maximum building height is 35 feet.

(2)

Farm buildings are exempt from these height restrictions.

(3)

Side yard setback is 25 feet for all structures.

(4)

Rear yard setback is 25 feet for all structures.

(5)

Road setback regulations shall apply to all corner lots.

(g)

Road setbacks. Road setbacks shall be governed pursuant to the provisions of section 42-14.

(h)

Rezoning land out of a farmland preservation zoning district. The following restrictions apply:

(1)

Except as provided in subsection (h)(2) of this section, the county may not rezone land out of the farmland preservation zoning district unless the county finds all of the following in writing, after public hearing, as part of the official record of the rezoning:

a.

The rezoned land is better suited for a use not allowed in the farmland preservation zoning district.

b.

The rezoning is consistent with any applicable comprehensive plan.

c.

The rezoning is substantially consistent with the county farmland preservation plan, which is in effect at the time of the rezoning.

d.

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

(2)

Subsection (h)(1) of this section does not apply to any of the following:

a.

A rezoning that is affirmatively certified by the state department of agriculture, trade and consumer protection under Wis. Stats. ch. 91.

b.

A rezoning that makes the farmland preservation zoning ordinance map more consistent with the county farmland preservation plan map, certified under Wis. Stats. ch. 91 which is in effect at the time of the rezoning.

(3)

By March 1 of each year the county shall provide to the state department of agriculture, trade and consumer protection a report of the number of acres that the county has rezoned out of the farmland preservation zoning district under subsection (h)(1) of this section during the previous year and a map that clearly shows the location of those acres.

(Ord. No. 07-19, § 10.4.7, 3-19-2019; Ord. No. 37-20, § 10.4.7, 9-15-2020)

Sec. 42-81. - Natural Resources District (N-1).

(a)

Purpose and intent; allowed and permitted uses. To protect and preserve the natural character of certain lands for their values to wildlife, water conservation, flood control, forestry and other public purposes in the natural resources district, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter except for one or more of the following uses:

(1)

Grazing.

(2)

The harvesting of wild crops such as wild hay, ferns, moss, berries, fruit trees and seeds.

(3)

Hunting, fishing, trapping.

(4)

Nonresidential buildings and structures used solely in conjunction with the raising of wildlife and fish and the practice of forestry, including buildings and structures used by public or semi-public agencies or groups for research in or the rehabilitation of natural resources.

(5)

Sustainable logging, pulping and other forest crop harvesting.

(6)

Public or private parks.

(b)

Conditional uses. Conditional uses for this district are licensed game farms.

(c)

Lot, height, and yard requirements. The following requirements shall apply:

(1)

Minimum lot size is one acre.

(2)

Maximum building height is 35 feet.

(3)

Side yard setback is 25 feet for all structures.

(4)

Rear yard setback is 25 feet for all structures.

(d)

Road setbacks and parking. Road setbacks shall be governed pursuant to the provisions of section 42-14 and off-street parking shall be regulated by section 42-117.

(Ord. No. 07-19, § 10.4.8, 3-19-2019; Ord. No. 37-20, § 10.4.8, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022)

Sec. 42-82. - General Business and Commercial (B-1).

(a)

Purpose and intent. The purpose and intent of this section is to provide a district for business and commercial enterprises that limits incompatible land uses.

(b)

Allowed and permitted uses. In the general commercial district, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses: Commercial buildings and uses, including, but not limited to:

(1)

Appliances sales and service.

(2)

Antique stores.

(3)

Art galleries.

(4)

Auto sales and service.

(5)

Banks, credit unions or other financial institutions.

(6)

Barbershop, beauty shop.

(7)

Bars/taverns.

(8)

Bowling alleys.

(9)

Business and professional offices or clinics.

(10)

Car washes.

(11)

Clothing stores.

(12)

Community center.

(13)

Coffee shop.

(14)

Convenience stores.

(15)

Day care center.

(16)

Drug store or pharmacy.

(17)

Essential services.

(18)

Farm implement — repair and sales.

(19)

Feed mill.

(20)

Florist.

(21)

Firework stands.

(22)

Fruit and vegetable market, grocery, meat and fish market or other food products store.

(23)

Funeral homes.

(24)

Furniture, office equipment stores.

(25)

Gas stations.

(26)

Gyms and exercise facilities.

(27)

Hardware and paint store.

(28)

Indoor storage facilities.

(29)

Internet cafe.

(30)

Jewelry store.

(31)

Landscaping sales.

(32)

Laundromat.

(33)

Liquor store.

(34)

Lumber yard.

(35)

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

(36)

Marine sales and service.

(37)

Motels/hotels.

(38)

Museums.

(39)

Music and musical instrument sales and service.

(40)

Pet shop.

(41)

Radio, televisions, and other electronics sales and service.

(42)

Real estate offices.

(43)

Restaurant, drive-in food service, supper club, and catering.

(44)

Sporting goods and accessories.

(45)

Small engine repair.

(46)

Truck stop.

(47)

Theater.

(48)

Veterinarians.

(49)

Video sales and rental.

(50)

There may be one single-family dwelling unit on the premises, either attached or detached in connection with any of the above uses.

(c)

Conditional uses. The following conditional uses are permitted:

(1)

Airport.

(2)

Hospital.

(3)

Breweries, brewpubs, wineries.

(4)

Outdoor storage facilities.

(5)

Adult establishments.

(6)

Other similar and compatible use as determined by the environmental services committee.

(d)

Lot, height, yard, and setback requirements. The following requirements shall apply:

(1)

Minimum lot size: one acre with private onsite wastewater treatment system, one-half acre with public sewer.

(2)

Maximum structures lot coverage: 40 percent.

(3)

Minimum landscaped area: ten percent.

(4)

Maximum commercial building height: three stories or 45 feet.

(5)

Maximum residential use structure height: two stories and 35 feet.

(6)

Commercial principal building rear/side minimum setbacks: ten feet.

(7)

Accessory structures rear/side yard minimum setback: five feet.

(8)

Residential principal structure side yard setback: ten feet.

(9)

Residential principal structure rear yard setback: 25 feet.

(e)

Road setbacks and parking. Road setbacks shall be governed pursuant to the provisions of section 42-14 and off-street parking shall be regulated by section 42-117.

(Ord. No. 07-19, § 10.4.9, 3-19-2019; Ord. No. 37-20, § 10.4.9, 9-15-2020; Res. No. 08-23, § 1, 3-21-2023)

Sec. 42-83. - Recreational Business and Commercial (B-2).

(a)

Purpose and intent. The purpose of this section is to allow for recreationally-based businesses to exist in appropriate locations in the county.

(b)

Allowed and permitted uses. In the recreational business and commercial district, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except for one or more of the following uses:

(1)

Sporting goods/archery range.

(2)

Recreational sales and service.

(3)

Restaurants and taverns.

(4)

Bait shops.

(5)

Miniature golf.

There may be one single-family dwelling unit on the premises, either attached or detached in connection with any of the above uses.

(c)

Conditional uses. The following conditional uses are permitted:

(1)

Ski resorts.

(2)

Paint ball.

(3)

Go-cart tracks.

(4)

Reserved.

(5)

Gun range.

(6)

Sportsmen's clubs.

(7)

Stock car, all-terrain vehicle, and dirt bike raceways and courses.

(8)

Resorts.

(9)

Marinas, including sales and service.

(10)

Recreational camps.

(11)

Campgrounds with conditions in section 42-123.

(12)

Manufactured home park that meets the conservation design development standards and conditions found in section 42-120.

(13)

Adult establishments.

(d)

Lot, height, yard, and setback requirements. The following requirements shall apply:

(1)

Minimum lot size is one acre.

(2)

Maximum building lot coverage is 40 percent.

(3)

Minimum landscaped area is ten percent.

(4)

Maximum building height is two stories and 35 feet.

(5)

Principal building rear/side minimum setbacks is 25 feet.

(e)

Other requirements. The following additional requirements apply:

(1)

Road setbacks shall be governed pursuant to the provisions of section 42-14.

(2)

Off-street parking shall be regulated by section 42-117.

(3)

Provisions of section 42-116, design standards.

(Ord. No. 07-19, § 10.4.10, 3-19-2019; Ord. No. 37-20, § 10.4.10, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022; Res. No. 08-23, § 1, 3-21-2023)

Sec. 42-84. - Small Business and Commercial District (B-3).

(a)

Purpose and intent. The purpose of this section is to allow for commercial development while allowing for more control over building size, location and aesthetics.

(b)

Allowed and permitted uses. In the small business/commercial district, no building or premises shall be used and no building shall be erected, moved or structurally altered, unless otherwise provided in this chapter, except uses allowed and permitted in B-1 with a building footprint up to 20,000 square feet.

(c)

Conditional uses. The following conditional uses are permitted:

(1)

All conditional uses in the B-1 district.

(2)

Commercial buildings and uses with a building footprint over 20,000 square feet.

(d)

Lot, height, yard, and setback requirements. The following requirements shall apply:

(1)

Minimum lot size is one acre.

(2)

Maximum building lot coverage is 40 percent.

(3)

Minimum landscaped area is ten percent.

(4)

Maximum building height is two stories and 35 feet.

(5)

Principal building rear/side minimum setbacks is 25 feet.

(e)

Other requirements. The following additional requirements apply:

(1)

Road setbacks shall be governed pursuant to the provisions of section 42-14.

(2)

Off-street parking shall be regulated by section 42-117.

(3)

Provisions of section 42-116, design standards.

(Ord. No. 07-19, § 10.4.11, 3-19-2019; Ord. No. 37-20, § 10.4.11, 9-15-2020; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-85. - Industrial District (I-1).

(a)

Purpose and intent. The purpose of this section is to provide locations within the county for industrial uses to occur and prevent land use conflicts with inappropriate uses.

(b)

Allowed and permitted uses. The allowed and permitted uses in this district are as follows:

(1)

Light and general manufacturing, including, but not limited to:

a.

Metal, glass, plastic and wood assembly, fabrication and manufacturing.

b.

Electronics assembly, fabrication and manufacturing.

c.

Clothing.

d.

Bottling facilities.

(2)

General warehousing and storage directly connected with the permitted uses under this section, provided they are not a nuisance.

(3)

There may be one single-family dwelling unit and an associated residential accessory building on the premises, either attached or detached in connection with any of the above uses.

(c)

Conditional uses. The following conditional uses are permitted:

(1)

Acid, ammonia, bleach, chlorine or soap manufacture.

(2)

Ammunition or explosives manufacture or storage.

(3)

Asphalt, coal, coal tar or coke manufacture, asphalt, and hot mix asphalt plants.

(4)

Cement or lime manufacture, cement, or concrete mixing plants.

(5)

Bone distillations, fat rendering or any other form of dead animal reduction.

(6)

Fertilizer manufacture.

(7)

Forge plant.

(8)

Gelatin or glue manufacture.

(9)

Inflammable gasses or liquids, refining or manufacture of; overground tank farms.

(10)

Utility-scale energy generation, including, but not limited to, solar farms/fields, large wind generators, and power plants.

(11)

Salvage and recycling facilities.

(12)

Solid waste disposal operations, sanitary landfill sites.

(13)

Slaughterhouse, stockyard.

(14)

Smelting or foundry operations.

(15)

Any similar or compatible industrial enterprise subject to the approval of the environmental services committee.

(d)

Lot sizes, dimensions and setbacks. The following requirements shall apply:

(1)

Minimum lot size is one acre.

(2)

Maximum industrial use building height is 50 feet.

(3)

Maximum residential use building height is 35 feet.

(4)

The side yard setbacks for residential uses shall be the same as R-1 side yard setbacks.

(5)

Side yard setbacks for lots adjacent to residentially zoned lots are 25 feet.

(6)

Side yard setbacks for industrial uses is zero feet except that if buildings on abutting lots are not constructed with a common wall or with walls contiguous to one another, then a side yard of not less than ten feet shall be provided.

(7)

Rear yard setback is 25 feet except that no rear yard setback shall be required when abutting a railroad right-of-way. Any such rear yard which abuts a boundary of a residential zoning district shall be not less than 50 feet in depth; provided that no stock pile, waste or salvage pile, equipment storage yard or other accumulation of material or equipment in the open shall be stored or placed in such rear yard.

(e)

Other requirements. The following additional requirements apply:

(1)

Road setbacks shall be governed pursuant to the provisions of section 42-14.

(2)

Off-street parking shall be regulated by section 42-117.

(3)

Provisions of section 42-116, design standards.

(Ord. No. 07-19, § 10.4.12, 3-19-2019; Ord. No. 37-20, § 10.4.12, 9-15-2020)

Sec. 42-86. - Mining District (M-1).

(a)

Purpose and intent. The purpose of this district is to allow for mining activities to take place in the county in appropriate areas that reduce incompatible land uses and land use conflicts.

(b)

Allowed and permitted uses. The following uses are allowed and permitted in this district:

(1)

All allowed and permitted uses in section 42-78 for the A-1 district.

(2)

Preexisting non-metallic mining activities. Preexisting non-metallic mining activities are those operations involving the excavation, removal or processing of materials which operations are classified as unreclaimed acres by the county's non-metallic mining reclamation ordinance or had expansions of the mine outlined in the original plans that were submitted for the mine. If the original mine was approved with conditions attached, those conditions continue to be in effect even if the mine is placed in this district.

(3)

Limited, short-term non-metallic mining activities.

If the original mine was approved with conditions attached, those conditions continue to be in effect even if the mine is placed in this district.

(c)

Conditional uses. The following conditional uses are allowed in this district:

(1)

Nonmetallic mining activities that do not meet the definition outlined in subsections (b)(2) and (3) of this section.

(2)

Applications for conditional use permits to conduct mining or processing activities shall include all information required by the county approved application form.

a.

Reapplication to the environmental services committee for renewal shall be required with alterations to operational plans or noncompliance with the standards of the district.

b.

Requests for additional information prior to a decision being made on the conditional use permit may be made by the environmental services committee. Upon determination by the environmental services committee that additional information is required, the environmental services committee may employ independent technical experts to review materials submitted by the applicant.

(d)

Lot sizes, dimensions and setbacks. The following requirements shall apply:

(1)

Minimum lot size is five acres.

(2)

Minimum right-of-way setback is 200 feet.

(3)

Minimum property line setback is 100 feet. Overburden, berms, and topsoil piles are allowed to be within the setback area, however at no time shall stockpiles of the targeted material, active extraction activities or processing equipment be within the setback area.

(4)

Setback and height restrictions for A-1 district apply (section 42-78).

(5)

Maximum height for mining related structures is 50 feet.

(e)

Other requirements. The following additional requirements apply:

(1)

Road setbacks shall be governed pursuant to the provisions of section 42-14.

(2)

Off-street parking shall be regulated by section 42-117.

(3)

Provisions of section 42-116, design standards.

(Ord. No. 07-19, § 10.4.13, 3-19-2019; Ord. No. 37-20, § 10.4.13, 9-15-2020; Res. No. 08-23, § 1, 3-21-2023; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-116. - Design standards.

(a)

Purpose and intent. The intent of the design standards in this section includes, but is not limited to, providing aesthetic controls on development, minimizing conflicts between uses, minimizing effects of outdoor lighting, while maintaining functional use, safety and security of properties.

(b)

Lighting standards. Lighting standards shall be required in the following zoning districts: B-2, B-3, industrial, and mining. Design standards may also be required as part of a conditional use permit, site plan, or other county approval of a development. The applicable lighting standards are as follows:

(1)

All lighting must be fully shielded in a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where the light is emitted.

(2)

Lighting must be directed away from adjacent properties to prevent light from trespassing or spilling on to those properties.

(3)

There shall be no flashing, revolving or intermittent lighting, which could be considered a nuisance or distraction to vehicular traffic.

(4)

There shall be no search lights, laser source lights, or any similar high-intensity light, except in emergencies by police and fire personnel or at their direction.

(5)

Outdoor athletic fields, courts, tracks, ski resorts, and airports are exempt from these lighting requirements, but may have restrictions on hours of operation.

(6)

Temporary lighting, which does not conform to the provisions of this section, may be allowed for a total period of no longer than 30 days within a year without a permit.

(c)

Vegetation and screening standards. Vegetation and screening standards shall be required in the following zoning districts: B-2, B-3, industrial, and mining. Design standards may also be required as part of a conditional use permit, site plan, or other county approval of a development. The following areas or features may be required to be effectively screened by fencing, landscaping, or berms from view from public roadways, and adjacent residentially zoned properties:

(1)

Exterior structures related to heating systems, cooling or air conditioning systems;

(2)

Refuse, garbage, dumpsters and recyclable material collection points;

(3)

Outdoor storage areas;

(4)

Loading docks;

(5)

Any other site area or facility as required for the specific land use by the county approval authority, if reasonably related to the protection of neighboring properties or the public from distracting, unappealing, or offensive views of on-site activities.

(d)

Options for screening. The following are options for providing required screening where applicable:

(1)

Rows of trees. Trees and other screening shrubs shall be planted in such a manner and of such spacing that the vegetation covers up to six feet tall with 75 percent opacity upon installation. No species on the state's invasive species list may be used. The lot owner shall maintain such planting and any dead trees/shrubs that are part of the approved screening plan shall be replaced within one year. Alternate species or planting plan may be substituted if prior approval is received from the zoning administrator.

(2)

Existing vegetation. The maintenance of existing native vegetation that, from off the property during full foliage conditions, provides the appearance of a solid wall of vegetation. The final determination as to acceptability of the existing vegetative screen shall be by the zoning administrator.

(3)

Fencing. The construction of a minimum six-foot high solid fence with at least 90 percent opacity. The finished fence side of the fence must be facing outward.

(4)

Earthen berm. The construction of an earthen berm to the minimum height of six feet which is to be seeded or landscaped with shrubs or trees and maintained by the owner.

(5)

Distance requirements. Purposely planted trees or shrubs, as measured from its center, shall be a minimum of five feet off a driveway or public street right-of-way or easement.

(6)

Vision clearance triangle. All screening and landscaping must be kept out of the vision clearance triangle.

(e)

Landscaping standards (general yard landscaping). The requirements of this subsection shall apply to new commercial land development projects and all additions, expansions, or site modifications to such uses to the extent practical in the B-2 and B-3 districts where required. The following shall apply:

(1)

Existing vegetation. To the greatest extent possible, each development shall retain existing trees outside of proposed building and parking areas.

(2)

Landscaping coverage. The lot shall be landscaped with an effective combination of living trees, groundcover, and shrubbery as indicated by a percentage in the districts above. Landscaping shall be emphasized in street yards, adjacent to residentially zoned lots, within and adjacent to parking lots, and near principal building foundations. Landscaped area can be utilized as part of the stormwater management area of the site.

(3)

Distance requirements. Purposely planted trees or shrubs, as measured from its center, shall be a minimum of five feet of a driveway or public street right-of-way or easement.

(4)

Vision clearance triangle. All screening and landscaping must be kept out of the vision clearance triangle.

(5)

Installation and maintenance. All proposed and approved landscaping shall be installed according to accepted planting procedures with quality plant materials. The lot owner shall maintain such plantings and all dead plantings shall be replaced.

(Ord. No. 07-19, § 10.5.1, 3-19-2019; Ord. No. 37-20, § 10.5.1, 9-15-2020)

Sec. 42-117. - Parking.

(a)

Off-street parking requirements.

(1)

One off-street parking space shall be 220 square feet of area, exclusive of adequate ingress and egress driveways to connect with a public thoroughfare. A single stall in any garage may replace any single required parking space.

(2)

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

(3)

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

(4)

All parking spaces in the commercial or industrial districts and residential parking lots in the residential and agricultural district containing three or more parking spaces shall be provided with a dust-free surface.

(5)

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

(b)

Parking spaces required.

(1)

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

(2)

Except as detailed elsewhere in this section, retail or local business places, professional offices and home businesses shall provide at least one off-street parking space for each 300 square feet of sales floor area.

(3)

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

(4)

Motels, hotels, and dormitories shall provide at least one parking space for each guest room.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

Industrial uses shall provide at least one parking space for each employee on the premises at any one time, plus at least one additional space for each vehicle operated in connection with such use for which parking on the premises is required.

(Ord. No. 07-19, § 10.5.2, 3-19-2019; Ord. No. 37-20, § 10.5.2, 9-15-2020; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-118. - Signs.

(a)

General provisions.

(1)

Any sign erected shall conform to the provisions of this chapter and the provisions of any other ordinance or regulation of the county.

(2)

No sign other than an official traffic sign or similar sign shall be erected within the right-of-way lines of any street, road, highway, or public way unless specifically authorized by other ordinances or regulations of the county or by specific authorization of the zoning administrator.

(3)

Signs projecting over public walkways may do so subject to a minimum clearance height of ten feet from grade level to the bottom of the sign.

(4)

Notwithstanding the provisions of subsection (d) of this section, no sign or structure shall be erected at the intersection of any road in such a manner as to obstruct the free and clear vision of a driver of any motor vehicle, nor at any location whereby its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.

(5)

If a commercially or industrially zoned premises contains more than one property usage, the sign areas for each unique usage will be computed separately.

(6)

Every sign permitted by this chapter must be kept in good condition and repair. When any sign becomes insecure, in danger of falling, or is otherwise deemed unsafe by the zoning administrator, or if any sign is unlawfully installed, or erected, in violation of any of the provisions of this chapter or state law, the owner thereof or the person or firm using the sign shall, upon written notice of the zoning administrator forthwith in the case of immediate danger and in any case within not more than ten days, remove or repair the sign. If the order is not complied with, the zoning administrator may remove or cause such sign to be removed at the expense of the owner or the user of the sign.

(7)

Any sign legally existing at the time of passage of this chapter that does not conform to the provisions of this chapter, shall be considered a protected nonconforming use and may continue in such status until such time as it is either abandoned or removed by its owner. Maintenance of the sign for purposes of changing the sign message shall not be considered an alteration requiring conformance with this chapter.

(8)

A double-faced sign shall only be allowed with the two faces displayed back to back or with an interior angle of no greater than 30 degrees. Such sign will be considered one sign structure. Each face of a double-faced sign shall be considered a separate sign for purposes of display area size restrictions.

(9)

Temporary signs, unless otherwise regulated by specific provisions of this chapter related to size, use, and district in which placed, shall be subject to the following regulations:

a.

No temporary sign shall be permitted to be displayed for a period in excess of 90 days in any one period of 365 days, unless a longer span of display time is approved by the zoning administrator.

b.

The size and spacing of any temporary sign shall conform to requirements of subsections (d)(1) and (2) of this section.

c.

Subdivision development signs. The zoning administrator may issue a special permit for a temporary sign in any district in connection with the marketing of lots or structures within a subdivision provided the sign is located entirely on the property being developed, and must apply to all applicable building setback requirements specified in this chapter. The signs must not exceed 96 square feet. One sign is allowed for each major road adjacent to the subdivision. Such permits may be issued for a period of one year and may be reviewed for additional periods of up to one year upon written application at least 30 days prior to its expiration.

(10)

All signs are prohibited from all zoning districts in the county unless specifically authorized to be located in the district in accordance with the provisions of this chapter.

(b)

Sign placement.

(1)

On-premises signs are allowed in any district subject to space and size requirements as provided for in subsection (d)(2) of this section.

(2)

Off-premises signs are only allowed in commercial and industrial districts and subject to space and size requirements as provided for in subsection (d)(1) of this section.

(3)

Other districts. Natural resources district and farmland preservation district signs are allowed by conditional use permits only and must conform to setbacks and all other standards.

(4)

Signs not requiring a permit as described in subsection (e)(4) of this section are permitted in any district.

(c)

Prohibited signs.

(1)

Lighting shall be sufficiently shielded to prevent stray light from becoming a nuisance to neighboring property, or to the enjoyment of a body of water.

(2)

No sign shall contain, include, nor be composed of any conspicuous animated or moving parts.

(3)

No sign shall be painted upon or attached to trucks or other vehicles, or parts thereof, and parked on a lot for purposes of visual display. Vehicles operating in the normal course of business (other than used solely for the display of signs) are exempt from this provision.

(4)

Electronic, internally illuminated signs greater than 40 square feet

(d)

Sign dimensions and spacing.

(1)

Off-premises signs (Table 7).

Table 7. Off-Premises Signs

Class of Highway Spacing Between Sign Structures on Same Side of Road Spacing from Public Road Intersection * Area/Size of Signs
(per direction)
Height Limit
Town road 1,000 feet 300 feet * 64 square feet 30 feet
County road 1,000 feet 300 feet * 96 square feet 30 feet
State and U.S. highway 1,000 feet 300 feet * 240 square feet 30 feet
Interstate highway 1,000 feet 300 feet * As state permits 30 feet

 

* As measured from intersection of road rights-of-way

(2)

On-premises signs (Table 8).

Table 8. On-Premises Signs

Zoning District Total Number of Signs Maximum Sign Area Height Limit
R-1 Residential RA-5 1 32 square feet 10 feet
All Commercial Industrial Hamlet A-1 and A-2 1 freestanding sign plus
no limit on other signs
Maximum 96 square feet
with a total of
288 square feet
35 feet
Natural Resources Farmland Preservation By conditional
use permit
96 square feet 30 feet

 

(e)

Sign permits.

(1)

A permit must be obtained from the zoning administrator for the erection of all signs or sign structures, except for those noted in subsection (e)(4) of this section.

(2)

Before any permit is granted for the erection of a sign or sign structure requiring such permit, plans and specification shall be filed with the zoning administrator showing the dimensions and materials to be used. The permit application shall be accompanied by the written consent of the owner or lessee of the premises on which the sign is to be erected.

(3)

No sign or sign structure shall be enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing of copy, display or graphic matter, or the content of any sign shall not be deemed an alteration.

(4)

Signs not requiring a permit:

a.

Vehicular signs on trucks, trailers buses or other vehicles while operating in the normal course of business, which is not in the display of signs.

b.

Interior window signs in commercial or industrial districts which are visible from a public right-of-way.

c.

On-premises temporary advertising banners, provided the banners do not exceed 32 square feet and are displayed for no more than 30 consecutive days.

d.

Any size sign that meets the criteria for a temporary sign in subsection (a)(9) of this section.

e.

A single faced sign equal to or less than 16 square feet in size.

(Ord. No. 07-19, § 10.5.3, 3-19-2019; Ord. No. 37-20, § 10.5.3, 9-15-2020)

Sec. 42-119. - Manufactured homes and mobile homes.

The following conditions shall apply for all manufactured homes:

(1)

The area beneath a manufactured or mobile home must be completely enclosed with a skirting material of a quality and strength which assures the durability of the skirting material and which does not distract from the general aesthetic quality of the manufactured or mobile home and the surrounding area.

(2)

All manufactured and mobile homes which are abandoned, burned or otherwise destroyed or substantially damaged must be removed from the lot or site on which they are located within one year after abandonment, burning, destruction or substantial damage occurred.

(3)

Cannot be used for storage.

(4)

No mobile home as defined by this chapter shall be placed on any property under the jurisdiction of this chapter.

(Ord. No. 07-19, § 10.5.4, 3-19-2019; Ord. No. 37-20, § 10.5.4, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022)

Sec. 42-120. - Manufactured home parks.

The following conditions shall apply for all manufactured home parks:

(1)

The minimum lot size for manufactured home parks shall be five acres.

(2)

Shall follow the conservation design development standards and density requirements. However, all manufactured home sites must be retained in one form of ownership, and at least two acres should be provided for each manufactured home.

(3)

In addition to the setback requirements set forth in the section 42-14, there shall be a minimum setback of 50 feet from all other lot lines.

(4)

Each manufactured home shall be separated from another manufactured home by at least 40 feet.

(5)

All drives, parking areas and walkways shall be hard surfaced or graveled, maintained in good condition, have natural drainage, and the driveways shall be lighted at night.

(6)

There shall be two hard-surfaced automobile parking spaces provided for each manufactured home site.

(7)

Screening requirement of section 42-116 apply.

(8)

The park shall conform to the requirements of Wis. Adm. Code ch. ATCP 125.

(9)

No manufactured home site shall be rented for a period of less than 30 days.

(10)

The manufactured home park shall meet all applicable town and county subdivision regulations.

(Ord. No. 07-19, § 10.5.5, 3-19-2019; Ord. No. 37-20, § 10.5.5, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-121. - Travel trailers.

Travel trailers are considered camping units for the purposes of this chapter.

(1)

Storage of travel trailers. The subject lot must have a dwelling or principal structure in order to store one travel trailer on that property;

(2)

Non-storage use of travel trailers.

a.

The zoning district must allow a single-family residence on that lot as an allowable use.

b.

The subject lot has no existing principal structure.

c.

A travel trailer is allowed to be used on a lot 14 out of every 60 days without a permit, unless subsection (2)d or (2)e of this section apply.

d.

An annual, seasonal permit may be obtained from the zoning office which would allow for the utilization of the travel trailer on the subject property from May 15 through December 1 annually. To obtain the above seasonal permit, the following requirements apply:

1.

A non-plumbing sanitary system is installed. If there is a well, a state sanitary system must be installed in compliance with the county private onsite wastewater (POWTS) regulations.

2.

Must meet all setbacks on property for an accessory structure.

3.

Must be removed once season is over.

e.

A travel trailer may be placed on a property for more than 14 days in any 60 consecutive days if a land use permit is obtained and all the following criteria are met:

1.

The property owner has at least 25 acres in one parcel or parcels adjacent to each other with common ownership.

2.

The travel trailer will not be used as a permanent residence.

3.

The setbacks required for an accessory structure are met.

4.

A non-plumbing sanitary system is installed. If there is a well, a state sanitary system must be installed in compliance with the county private onsite wastewater (POWTS) regulations.

f.

A temporary campground permit may be obtained from the zoning office if the conditions of section 42-123 (9-26) and all the following requirements are met:

1.

The property is zoned Residential Agricultural 5, Agricultural 10, or Agricultural 20.

2.

A maximum of ten camping units at any time on the property.

3.

A maximum of ten guests/people from 11:00 p.m. to 7:00 a.m.

4.

A maximum of 15 guests are allowed from 7:00 a.m. to 11:00 p.m.

5.

Quiet hours shall be imposed from 11:00 p.m. to 7:00 a.m. All fires and embers are to be extinguished by 11:00 p.m. also with no unattended fires.

6.

Sleeping accommodations for any guests must be within their own self-contained RV or tent.

7.

Permit shall be for a maximum of 14 days per year.

8.

If a property owner fails to comply with the conditions listed above, their temporary campground permit shall be revoked and said property cannot have another permit under this provision for one year from the date of revocation.

(3)

Septic system installation. A temporary permit may be issued if the property owner has installed a state approved septic system and well and the zoning administrator has issued a permit to begin constructing a dwelling within one year. Must meet all setbacks on property for an accessory structure.

(Ord. No. 07-19, § 10.5.6, 3-19-2019; Ord. No. 37-20, § 10.5.6, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-122. - Bunkhouses.

A single (one per lot) bunkhouse will be permitted only in districts which permit it by land use permit and the following conditions apply:

(1)

A bunkhouse shall have a maximum of 1,000 square feet of bunkhouse floor area. Square footage is measured as all area within the exterior walls of a residential accessory building with or without plumbing used for temporary sleeping quarters only. Storage area must be separate and segregated from any bunkhouse area (can have a door from the bunkhouse areas to the storage area).

(2)

All of the setback requirements for an accessory structure are met.

(3)

Leasing, rental or use as a residence is strictly prohibited.

(4)

Sanitary systems must be sized for the total number of bedrooms on the lot after the bunkhouse is built. No affidavits allowed for undersized systems.

(5)

The bunkhouse shall be built to Uniform Dwelling Code compliance. A copy of the completed and passed final inspection of the bunkhouse by the town's building inspector is due to the zoning office within two years of obtaining the land use permit, as proof that this condition has been satisfied.

(6)

Plumbing, if installed, conforms to the county sanitary code.

(7)

Height of the structure is limited to 35 feet.

(8)

Maximum of one bathroom allowed per bunkhouse.

(9)

Cannot be split from original property.

(10)

Cooking facilities are prohibited.

(11)

Cannot be built on an outlot.

(12)

Cannot be the first building on a lot.

(13)

An affidavit is recorded in the register of deeds outlining use restrictions.

(14)

Boathouses cannot become bunkhouses.

(15)

Only allowed in zoning districts where single-family residential uses are allowed.

(16)

Must meet minimum lot size requirements at time of lot creation.

(17)

Bunkhouses created on riparian lots shall be required to install and maintain mitigation as described in the Polk County Shoreland Protection Zoning Ordinance. For the purposes of this section, changing the use of a structure to a bunkhouse counts as the same additional square footage of impervious surface (in shoreland areas) as a vertical expansion.

(18)

Use of accessory structures in a manner consistent with the definition of bunkhouse prior to enactment of the ordinance from which this section is derived is prohibited by this section and such use is not a nonconforming use as defined in Wis. Stats. § 59.69(10)(ab) and (am) and section 42-11. Accordingly, any and all accessory structures that are to be used as bunkhouses must comply with the above conditions regardless of prior existing use.

(Ord. No. 07-19, § 10.5.7, 3-19-2019; Ord. No. 37-20, § 10.5.7, 9-15-2020; Ord. No. 24-21, 5-18-2021; Ord. No. 25-21, 5-18-2021; Res. No. 07-24, § 1, 3-19-2024)

Sec. 42-123. - Campgrounds.

(a)

The minimum size of the campground shall be five acres.

(b)

Travel trailer parks/campgrounds shall be designed and limited to the density requirements under a conservation design development. However, all camping unit sites must be retained in one form of ownership, and at least two acres should be provided for each camping unit.

(c)

The screening standards of section 42-116 must be met.

(d)

The maximum number of camping units in any travel trailer park/campground shall be 100.

(e)

Existing travel trailer parks/campgrounds shall be allowed to expand on lands owned by the travel trailer park/campground or legal owner thereof at the time of adoption the ordinance from which this section is derived if the density of six camping units per developable acre is met. Minimum dimensions of a camping unit site shall be 50 feet by 100 feet.

(f)

Group tent campsites may be designated on the site map; however, the duration of stay for any group shall be limited to 14 days.

(g)

Individual campsite accessory uses require a land use permit, cannot be connected to the travel trailer, and are limited to:

(1)

Storage structure. Each campsite may have one storage structure with a footprint 100 square feet or less in size and the structure shall not exceed 12 feet in height. The storage structure cannot be used for human habitation.

(2)

Awnings, decks, patios, and screen porches. Shall be limited to a combined 200 square feet and must remain within their designated campsite.

(h)

Each camping unit is separated from other camping unit by at least 40 feet. Individual campsite accessory uses listed above are allowed to be less than 15 feet from the camping unit in the same campsite.

(i)

Operator/owner must have 24-hour contact number available to the public.

(j)

All pets must be contained on the rental property unless they are on public property.

(k)

Property lines must be surveyed with boundaries clearly staked by a professional land surveyor.

(l)

All conditions that apply to campers shall be provided at check in.

(m)

Applicant and renters must comply with all applicable federal, state, county, and local laws and regulations and must remain free from citation and charges for nuisance, disorderly conduct, or any other illegal activity.

(n)

Existing septic system to pass inspection and adequate sanitary facilities must be provided. A toilet shall be provided within 200 feet from all camping units.

(o)

Owner or operator must reside onsite.

(p)

Any advertisement shall include the land use permit number and the health department license number.

(q)

At least one maintained fire extinguisher, first aid kit, and emergency phone shall be provided for every 20 camping units in the campground.

(r)

A site map shall be provided, and it shall include the location of campsites, roads, property lines, required setbacks, structures, water and sewer layout, recreation areas, emergency equipment/plans, and any other information deemed necessary. Any proposed changes shall be presented to the zoning office for approval with a new site map. No changes to a travel trailer park may be started without written approval from the zoning office.

(s)

All campsites shall be clearly marked and numbered on a sign at each site. Signage providing directions to the nearest emergency telephone, first aid kit, and fire extinguisher shall also be posted in public view. A site map shall be provided to the zoning office, public health department, and be available to all campground occupants.

(t)

A register shall be maintained containing the name of the principal campsite occupant and the number in the party.

(u)

There shall be two automobile parking spaces for each trailer site. Each parking space shall be a minimum of 200 square feet (ten feet by 20 feet).

(v)

There shall be a minimum setback of 50 feet from any camping unit or individual campsite accessory use to the exterior lot lines of the travel trailer park.

(w)

The travel trailer park site shall meet all applicable town and county subdivision regulations.

(x)

One single-family dwelling unit is allowed on the premises, for the owner's or operator's private use. This dwelling cannot be rented on a short-term basis as a tourist rooming house or transient lodge.

(y)

Campground is prohibited from granting or allowing campers to access any navigable water.

(z)

Applicant must obtain all proper licensing, including the public health department license under ATCP 79, Wisconsin Administrative Code, including but not limited to:

(1)

Campsites shall not be in an area that is subject to an accumulation of water or in any other area that would constitute a health or safety hazard.

(2)

Campsites may not be located within 100 feet of a barn or enclosure housing an animal, petting zoo, or other sources of odors or flies.

(3)

Potable water under pressure shall be provided and located not more than 400 ft from each individual campsite. Water coolers and bottled water are not sufficient.

(4)

Private well water shall be tested for bacteria annually and Nitrate at least once.

(5)

Water riser pipes shall extend at least 18 inches above the ground with the outlet pointing down. A backflow device shall also be provided on all outlets.

(6)

A backup toilet for each gender must be provided.

(7)

A sanitary dump station is required unless there are 20 or fewer campsites or the distance to the nearest available sanitary dump station is 25 or fewer miles from the campground and the operator has a written agreement that allows campers who stay at the campground to dispose of wastewater at the sanitary dump station.

(Ord. No. 07-19, § 10.5.8, 3-19-2019; Ord. No. 37-20, § 10.5.8, 9-15-2020; Res. No. 15-22, § 1, 3-15-2022)