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Freedom Town Sauk County
City Zoning Code

SUBCHAPTER V

SECONDARY STANDARDS

Sec. 7.042.- Vegetative buffer.

When a use requires a vegetative buffer, the requirements of this section shall be met. A vegetative buffer plan shall be submitted at the time of permit application, and no permit shall be issued until an acceptable vegetative buffer plan has been approved. The plan shall provide for a minimum of 30 feet in depth parallel to any area used for vehicles or buildings. The vegetative buffer may not be used for any purpose other than screening, except at designated points of ingress and egress delineated in the plan. Vegetative buffers that are within 1,000 feet of the ordinary high water mark of a lake, pond or flowage, or 300 feet of the ordinary high water mark of a navigable river or stream, must comply with applicable portions pursuant to Sauk County Code Chapter 8.

(1)

Within the buffer area, vegetation shall consist of:

(a)

A minimum of one tree every 20 feet. Vegetative buffer densities along the front of the property adjacent to the road right-of-way may be reduced to not less than one tree every 30 feet.

(b)

Not less than 75 percent of the trees shall be evergreens.

(c)

A minimum of two different species of evergreens shall be utilized.

(d)

Non-native species which have the potential to be invasive may not be utilized as part of the buffer.

(e)

Deciduous trees shall be either single stem or multi-stem trees, with the smallest trunk measured at a minimum of a one-inch diameter at the time of planting. The trunk shall be measured six inches above the ground.

(f)

Evergreen trees shall be a minimum of four feet tall at the time of planting.

(g)

There shall be a ground cover of either native grasses and flowers, or lawn grasses.

(2)

Vegetative buffers shall not interfere with applicable vision triangle requirements.

(3)

Within the buffer area, vegetation shall be maintained in viable growing conditions. Maintenance of the ground cover shall be completed in a manner that maintains the shape and appearance of trees within the buffer area.

Sec. 7.043. - Vegetative screening.

When a use requires a vegetative screening, the requirements of this section shall apply. A vegetative screening plan shall be submitted at the time of permit application, and no permit shall be issued until an acceptable vegetative screening plan has been approved. The plan shall provide for a minimum of 30 feet in depth, parallel to any area used for vehicles or buildings. The vegetative screening area shall not be used for any purpose other than screening, except at designated points of ingress and egress delineated in the plan. Vegetative screens that are within 1,000 feet of the ordinary high water mark of a lake, pond or flowage, or 300 feet of the ordinary high water mark of a navigable river or stream, must comply with applicable portions pursuant to Sauk County Code Chapter 8.

(1)

Within the screening area, vegetation shall consist of:

(a)

A minimum of two parallel rows of trees, with all rows planted ten feet apart.

(b)

Within any given row, there shall be a minimum of one tree every 12 feet.

(c)

Vegetative screening densities along the front of the property adjacent to the road right-of-way may be reduced to not less than one tree every 20 feet.

(d)

Not less than 75 percent of the trees shall be evergreens.

(e)

A minimum of two different species of evergreens shall be utilized.

(f)

Non-native species that have the potential to be invasive shall not be utilized as part of the screening.

(g)

Deciduous trees shall be either single stem or multi-stem trees, with the smallest trunk measured at a minimum of a one-inch diameter at the time of planting. The trunk shall be measured six inches above the ground.

(h)

Evergreen trees shall be a minimum of four feet tall at the time of planting.

(i)

There shall be a ground cover of either native grasses and flowers, or lawn grasses.

(2)

Vegetative screens shall not interfere with applicable vision triangle requirements.

(3)

Within the screening area, vegetation shall be maintained in viable growing conditions. Maintenance of the ground cover shall be completed in a manner that maintains the shape or appearance of trees within the buffer area.

Sec. 7.044. - Agricultural tourism—Secondary standards.

(1)

Sales. The sale of goods may only consist of those goods produced, raised, assembled, or provided on the premises. Sales of goods not produced on the premises are limited to 25 percent of floor space. Services must be directly related to the principal use of the property.

(2)

Overnight accommodations. Overnight and extended stay accommodations may be permitted as part of a conditional use provided that the accommodations are directly related to the principal use of the property.

Sec. 7.045. - Aquaculture facility—Secondary standards.

(1)

Waste management. All wastewater and sludge shall follow a disposal plan approved by the Department.

(2)

Escape. Aquaculture operations shall be designed and operated as closed systems that permit no escape of plant and animal organisms outside of the closed system.

Sec. 7.046. - Agriculture—Secondary standards.

Land uses associated with general agricultural use including crop or livestock production, grazing, and forest management shall not require the issuance of a land use permit by the Zoning Administrator. Structures may require a land use permit.

Sec. 7.047. - Poultry and egg production, beekeeping residential—Secondary standards.

These standards apply to poultry and egg production in SFR, MFR, and RUC zoning districts and on lots zoned EA and AG that have an occupied dwelling on the same lot only, and do not effect poultry and egg production as an agricultural use.

(1)

Number. If less than two acres, the number of poultry kept shall not exceed six per lot on the same lot as the dwelling. If two acres or more, the number of poultry kept shall not exceed 12 per lot on the same lot as the dwelling.

(2)

Description. A description of the poultry coop shall be provided with the land use permit application. Coops may be part of an accessory structure, but may not be a part of a dwelling.

(3)

Noise. Roosters and crowing cockerels shall not be kept.

(4)

Trespass. Poultry shall be kept in fenced areas to prevent poultry from trespassing onto neighboring properties.

(5)

Setbacks.

(a)

Poultry related structures shall be located no less than 25 feet from any side or rear yard. The setback from the road right-of-way shall be as specified in Section 7.098.

(b)

Beekeeping related structures shall be located no less than 100 feet from any side or rear yard. The setback from the road right-of-way shall be as specified in Section 7.098.

(6)

Land uses associated with poultry and egg production in the SFR, MFR, and RUC and which are less than or equal to 120 square feet shall not require the issuance of a land use permit by the Zoning Administrator provided the standards of this chapter are met.

Sec. 7.048. - Sawmill—Secondary standards.

(1)

Timeframe. This standard applies to sawmills when located on the premises for more than ten days in a 365-day period.

(2)

On-site sales. There shall be no retail sales other than products produced on the premises.

(3)

Waste disposal. Deleterious materials such as accumulated slabs, decayed wood, sawdust, sawmill refuse, planing mill shavings, or waste material of any kind shall be handled according to a management plan submitted to the Zoning Administrator and approved by the agency. Operators must demonstrate that the material will be used or disposed of in a manner that does not endanger human health or environmental resources.

(4)

Emissions. No sawmill operation shall burn substances by open burning.

(5)

Material storage. No storage of logs, lumber, deleterious substances, or equipment of any kind shall be permitted within any building setback area, as specified by the applicable zoning district.

(6)

Operational hours. Hours of operation and days shall be specified as a condition of the conditional use by the agency.

(7)

Vegetative buffer. Sawmills located on the premises for more than a 365-day period shall meet the vegetative buffer requirements of Section 7.042.

Sec. 7.049. - Livestock harvest facility—Secondary standards.

(1)

Animal control. Harvest of animals shall take place in a confined area. Fencing shall be adequate to contain animals securely on the owner's property at all times.

(2)

Waste disposal. Deleterious materials such as sewage, processed and unprocessed animal parts, manure, entrails, blood, hides, bones, and waste material of any kind shall be handled according to a management plan submitted to the Zoning Administrator and approved by the agency as part of the permitting process. Operators must demonstrate that the material will be used, or disposed of, in a manner that does not endanger human health or environmental resources.

(3)

Location. Livestock harvest facilities may not be located less than 1,500 feet from any residential building and 300 feet from any lot line other than that of the owner of the premises or employees.

(4)

Scale. Livestock harvest facilities gross annual income may not exceed $100,000.00 except those facilities located in the industrial zoning district.

Sec. 7.050. - Art gallery and art studio—Secondary standards.

(1)

Sales. Sales of products and goods shall be of products and goods produced on the premises. The sale of products and goods not produced on the premises are permitted provided these sales are incidental to, or part of, the art gallery or art studio use.

(2)

Accessory use in an exclusive agriculture (EA) zoning district. An art gallery and art studio in EA shall comply with the definition of accessory use as defined by Section 7.011(4)(b).

Sec. 7.051. - Child care center—Secondary standards.

(1)

Outdoor play areas. Play area boundaries shall be defined by the placement of a fence.

(2)

Incidental to residential use. Daycare centers, eight or fewer people, shall be incidental to a residential use.

Sec. 7.052. - Home-based business—Secondary standards.

(1)

Purpose. To establish the standards and criteria for the operation of home based businesses while protecting the reasonable enjoyment of nearby properties by their owners and occupants of neighboring dwellings.

(2)

Standards. The standards for home based businesses are intended to allow reasonable home based business uses. Any use that meets the standards of a home based business does not need to comply with the zoning requirement specific to that use but shall meet the primary and secondary standards of that use pursuant to Section 7.026(5) and (6).

(3)

Home based businesses; land use permit. Home-based businesses may be permitted as an accessory use to an existing residential use on the same lot or parcel in the SFR, MFR, RUC, EA, AG, and RC zoning districts provided they comply with the following standards and after a land use permit has been issued by the Zoning Administrator.

(a)

There shall be no more than one full-time equivalent employee that is not an occupant of the residential dwelling on the same lot or parcel of the home-based business.

(b)

The home-based business shall not utilize a floor area exceeding 30 percent of the combined gross floor area of a dwelling unit and any accessory building. In no case shall the floor area utilized exceed 600 square feet.

(c)

Any structural addition to the home for the purposes of operating a home-based business shall be designed, and appear residential in character, so that the addition can readily be repurposed for residential uses at such time that the home-based business is no longer operating.

(d)

Retail sales or services shall be of goods grown, produced, assembled, or for services rendered on the premises. Sales of products not produced on the premises are permitted only when these sales are incidental to, and part of, the principal function of the home-based business.

(e)

There shall be no outdoor storage or display of equipment, materials, or stock.

(f)

The home-based business shall not cause any odor, dust, smoke, vibration, light, or noise that can be detected beyond the property line.

(g)

All mechanical equipment used in conjunction with the home-based business shall be operated within a structure.

(h)

The home based business shall not utilize a business related vehicle as part of the operation of the business with a rated gross vehicle weight rate capacity in excess of 10,000 pounds, according to the manufacturer's classification.

(i)

The home based business shall not require any business related vehicle visits by delivery trucks or vehicles with a rated gross vehicle rate capacity in excess of 20,000 pounds, according to the manufacturer's classification. The business shall not have more than six business related vehicle deliveries per week.

(j)

The home-based business shall not exceed five patron related vehicles per day, or a maximum of 25 patron or business related vehicles per week, whichever is greater. Not more than two patron vehicles shall be present at one time, and the proprietor will provide adequate off-street parking on the property where the use is located. Parking areas shall not be used in determining gross floor area.

(k)

The hours of operation of the business shall be between the hours of 8:00 a.m. and 8:00 p.m.

(l)

No hazardous substances shall be used or stored as part of a home-based business except normal use for household purposes.

(m)

There shall be no evidence of a home-based business, other than a sign referred to in Subchapter X, which would indicate that a dwelling or accessory building is being utilized in part for any purpose other than a dwelling or accessory building.

(4)

Home based businesses; conditional use and land use permit. Home-based businesses may be permitted as an accessory use to an existing residential use on the same lot or parcel in the EA, RC, and AG zoning districts provided they comply with the following standards and after the approval of a conditional use by the Agency and a land use permit has been issued by the Zoning Administrator.

(a)

There shall be no more than two full-time equivalent employees that are not an occupant of the residential dwelling on the same lot or parcel of the home-based business.

(b)

The home-based business shall not utilize a floor area exceeding 50 percent of the combined gross floor area of a dwelling unit and any accessory buildings. In no case shall the floor area utilized exceed 1,200 square feet.

(c)

Any structural addition to the home for the purposes of operating a home-based business shall be designed, and appear residential in character, so that the addition can readily be repurposed for residential uses at such time that the home-based business is no longer operating.

(d)

Retail sales or services shall be of goods grown, produced, assembled, or for services rendered on the premises. Sales of products not produced on the premises are permitted only when these sales are incidental to, and part of, the principal function of the home-based business.

(e)

There shall be no outdoor storage or display of equipment, materials, or stock.

(f)

The home-based business shall not cause any odor, dust, smoke, vibration, light, or noise that can be detected beyond the property line.

(g)

All mechanical equipment used in conjunction with the home-based business shall be operated within a structure.

(h)

The home based business shall not utilize a business related vehicle as part of the operation of the business with a rated gross vehicle weight rate capacity in excess of 20,000 pounds, according to the manufacturer's classification.

(i)

The home based business shall not require any business related vehicle visits by delivery trucks or vehicles with a rated gross vehicle rate capacity in excess of 45,000 pounds, according to the manufacturer's classification. The business shall not have more than six business related vehicle deliveries per week.

(j)

The home-based business shall not exceed ten patron or business related vehicles per day, or a maximum of 50 patron vehicles per week, whichever is greater. Not more than ten patron vehicles shall be present at one time, and the proprietor will provide adequate off-street parking on the property where the use is located.

(k)

The hours of operation of the business shall be between the hours of 8:00 a.m. and 10:00 p.m.

(l)

No hazardous substances shall be used or stored as part of a home-based business except normal use for household purposes.

(m)

There shall be no evidence of a home-based business other than a sign referred to in Subchapter X, which will indicate that a dwelling or accessory building is being utilized in part for any purpose other than a dwelling or accessory building.

Sec. 7.053. - Recreation facility, outdoor—Secondary standards.

(1)

Lighting. Proposed lighting installations shall integrate every reasonable effort to mitigate the effects of light on surrounding properties.

(2)

Operation. Hours of operation, including hours of night lighting, shall be specified as a condition of the conditional use.

Sec. 7.054. - Sport shooting range—Secondary standards.

(1)

Fencing and signage. All premises used for sport shooting ranges shall be completely fenced except for one point of entrance not more than 12 feet wide. Each such range shall be posted with warning signs, facing outward away from the range, not more than 100 feet apart, fastened level to the top of such fence, and not more than six feet above the ground. Such warning signs shall be at least two square feet in area and shall contain the words, "Danger Shooting Range" in red on a white background. The letters of such words shall be not less than four inches high and maintained in a legible condition at all times.

(2)

Vegetative buffer. All sport shooting ranges shall meet the vegetative buffer requirements of Section 7.042.

(3)

Barrier. Ranges where solid projectile ammunition is used shall be arranged in a manner that provides for a sod-faced barrier of earth or sand, impenetrable by any solid projectile fired on such ranges. For sport shooting ranges where all targets are 100 yards or less in distance, such barrier shall be at least 20 feet in height, measured from the base of the targets, and shall not be less than 50 feet in width. For those sport-shooting ranges where targets are greater than 100 yards, such barrier shall not be less than 30 feet in height, measured from the base of the targets, and shall not be less than 100 feet in width. If an eyebrow ricochet catcher or similar device is used, the aforementioned height and width standards may be decreased by ten percent. The target area shall be centered on the barrier, and the center of the targets will be placed no greater than three feet from ground level. Ranges for skeet and trap shooting are not required to incorporate a barrier.

(4)

Conditions of approval. The following conditions shall be met and maintained so long as the sport shooting range is used:

(a)

Ranges for skeet and trap shooting shall be restricted to the use of shot ammunition.

(b)

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

(c)

Suspension of Use. If, on inspection, the Zoning Administrator determines that any requirements of the conditional use are not being met, the Zoning Administrator shall give notice to the owner or operator of the premises of a temporary suspension of operations for not more than 14 days, specifying in writing the grounds for such suspension. If such grounds for suspension have not been removed at the end of such period of 14 days or less, the Zoning Administrator may give notice of indefinite suspension, and operations shall not be resumed except as authorized by a new conditional use as if for a new operation.

(5)

Existing sport shooting ranges. All existing sport shooting ranges which meet the requirements of this chapter and continue to meet all of the conditions and standards on the date of passage of this chapter and thereafter, shall not be required to obtain new conditional and land use permits.

(6)

Land use. Shooting shall be the principal land use on a year-round basis.

Sec. 7.055. - Camping—Secondary standards.

(1)

Provisions. The following general provisions shall be followed:

(a)

Camping is limited to either no more than six stays per year, and each stay is limited to 15 consecutive days, or one stay per year which is limited to 45 days. At the completion of each stay, all camping units and equipment shall be removed from the camping parcel or stored within a permitted structure that has both a cover and sides. The property must be free from all camping units and equipment for at least three consecutive days prior to commencing another stay.

(b)

State approved sanitary provisions, such as metro units, self-contained units, or commercially available portable toilet units, shall be available.

(c)

Arrangements shall be made for the proper disposal of trash and garbage. Littering is prohibited.

(d)

Sufficient land area shall be available to accommodate all campers.

(e)

Land disturbance activities likely to result in significant erosion, destruction of vegetation or alteration of existing topography, insofar as primarily related to any proposed camping, shall be prohibited.

(f)

Camping units shall comply with all setback requirements for the zoning district in which they are located.

(g)

Occupation of a camping unit by a person having no other regular place of abode at the time the camping unit is so occupied shall be prohibited.

(h)

A camping unit shall not be connected to water or electric except when it is in use.

(i)

A camping unit must be properly stored when not in use in a fully enclosed structure or next to a single-family residence.

(2)

Permits. A land use camping permit for one or more camping stays during one calendar year may be issued by the Zoning Administrator under the following conditions:

(a)

Camping, when located on a lot or parcel where an existing residential dwelling does not exist, may be permitted in any zoning district except single family residential if it meets the following standards. All of the provisions in Section 7.055(1) shall be met, and:

1.

An owner of record of any lands being used for camping either shall be personally present, or have provided written permission to those persons actually camping.

2.

No more than three camping units shall be allowed on any lot or parcel.

(b)

Camping by organizations or groups on any lot or parcel under one ownership outside of licensed campgrounds may be permitted if it meets the following standards:

1.

All of the provisions in Section 7.055(1) shall be met.

2.

An owner of record of any lands being used for camping either shall be personally present, or have provided written permission to those persons actually camping.

(3)

Camping without a land use camping permit. Camping on a lot with an existing residential dwelling shall not require a land use camping permit. All of the provisions in Section 7.055(1) shall be met.

Sec. 7.056. - Community living arrangements—Secondary standards.

(1)

All community living arrangements shall meet the following standards:

(a)

No community living arrangement may be placed within 2,500 feet of any other community living arrangement.

(b)

The community living arrangement must be licensed, operated, or permitted under the authority of the Wisconsin Department of Human Services or the Wisconsin Department of Children and Families.

(2)

Community living arrangements with eight or fewer persons being served by the program shall be permitted in single family residential, multiple family residential, rural community, recreation commercial, resource conservancy, and agriculture zoning districts.

(3)

Community living arrangements with nine to 15 persons being served by the program shall be permitted in multiple family residential, rural community, and recreation commercial zoning districts. A conditional use shall be required prior to locating in the single-family residential, resource conservancy, and agriculture zoning districts.

(4)

Community living arrangements with 16 or more persons being served by the program shall require a conditional use prior to locating in single family residential, multiple family residential, rural community, and recreation commercial, resource conservancy, and agriculture zoning districts.

Sec. 7.057. - Dwelling used temporarily during construction—Secondary standards.

(1)

Land use permit. Occupancy of a temporary dwelling during the construction of a new dwelling on the same lot or parcel requires the issuance of a land use permit as a principal residence during the construction of a permanent residential dwelling. The land use permit shall be filed with the Zoning Administrator. The land use permit shall expire within 365 days. The temporary home shall be removed within 30 days of taking occupancy of the permanent residential dwelling.

(2)

Placement during home construction. A temporary dwelling may be located on the same lot during the construction of a single family or multiple family dwelling provided that the dwelling is only occupied for residential uses, and by the same family who will occupy the permanent residential dwelling.

(3)

Size of dwelling. The size of a dwelling used temporarily during construction shall be not less than 200 square feet.

Sec. 7.058. - Mobile home park and mobile homes—Secondary standards.

(1)

Mobile home space. Mobile home spaces shall be provided at a rate of one space for each mobile home. Spaces shall consist of an all-weather surface. The space shall be provided with six tie-down anchors. Each mobile home space shall be not less than ten feet wide, nor of less length than the length of the mobile home to be placed therein plus five feet.

(2)

Driveways. There shall be a system of driveways providing access to each mobile home, and to off-road parking areas within the mobile home park. This system of driveways shall connect to a road.

(3)

Common open space. Each mobile home park shall set aside five percent of the total area for a contiguous, common open space. The common, open space area shall be in addition to yard open spaces. The area may be provided with children's playgrounds, picnic areas, game courts, and gardens, furnished and maintained by the mobile home park owner, or the plots shall be available to park inhabitants for personal garden plots.

(4)

Construction standards. All mobile homes shall meet the construction standards of the Mobile Home Manufacturers Association and all federal, state, and local codes.

(5)

Mobile homes shall only be permitted in mobile home parks except as provided under Section 7.059.

Sec. 7.059. - Temporary secondary dwelling for dependency living arrangement or agricultural use—Secondary standards.

(1)

Conditional use, land use permit, and notice of temporary permit. The arrangement shall require the issuance of a land use permit in conjunction with the recording of a notice of temporary permit on a form acceptable to the Zoning Administrator with the Sauk County Register of Deeds. The land use permit shall expire at such time that the secondary temporary dwelling is no longer utilized, and shall coincide with the recording of a document nullifying the notice of temporary permit. At such time that the temporary secondary dwelling is no longer used, the dwelling shall either be removed, or a land use permit shall be issued converting the temporary secondary dwelling to an accessory structure or common walls originally separating the temporary secondary dwelling from the principal residence are removed. The land use permit under this section shall be issued to the owner of the property and is not transferable.

(2)

Confirmation of need for conditional use. An affidavit confirming the need for continuing the temporary secondary dwelling shall be provided to the Zoning Administrator every three years.

(3)

Provisions. All temporary secondary dwellings must meet the following:

(a)

A temporary secondary dwelling shall only be established provided the following conditions are met:

1.

Converting existing living area, attic, basement or garage.

2.

Adding floor area to the existing dwelling.

3.

Constructing a detached temporary secondary dwelling on a site with an existing dwelling.

(b)

Private, on-site wastewater treatment system verification to assure that the system can accommodate the addition of a temporary secondary dwelling and, if needed, upgrades to the system shall be required.

(c)

The size of the temporary secondary dwelling shall not be less than 400 square feet and not greater than 800 square feet unless the unit is physically attached to the residential dwelling through a shared wall or ceiling.

(d)

The temporary secondary dwelling shall be located only on the same lot as the dwelling of the owner of the lot.

(e)

No detached temporary secondary dwelling area shall be permitted on lots one acre or less.

(f)

The temporary secondary dwelling shall comply with all setbacks.

(g)

The owner of the property must demonstrate to the Zoning Administrator that the temporary secondary dwelling meets all applicable subdivision covenants.

(h)

A temporary secondary dwelling may not be occupied by more than two persons except that the dwellings may provide space for a family when used in conjunction with a farming operation. The owner of the principal dwelling must show that this person meets the allowance for either the farm operation or dependency living arrangement.

(i)

Mobile homes utilized as a detached temporary secondary dwelling shall be skirted with a durable material that encloses the area between the chassis and the ground. The use of mobile homes shall not be permitted in areas zoned SFR or MFR.

(4)

Requirements for farm operations. A secondary dwelling may only be allowed with a farm operation if the gross income of the farm exceeds $6,000.00 per year or $18,000.00 in a three-year period. Up to two secondary temporary dwelling areas per farm may be permitted provided that the temporary secondary dwelling is for parents or children of the farm operator or owner, or is for hired persons deriving at least 50 percent of their income from the farm operation. Evidence of this provision shall be provided to the Zoning Administrator.

(5)

Requirements for dependency living arrangements. No more than one temporary dwelling shall be permitted per lot/parcel and provided that the unit is for a person that is dependent for assistance with activities of daily living from those residing in the principal dwelling or the unit is for a caretaker assisting the dependent with his or her activities of daily living and residing in the principal dwelling.

(6)

Cessation of use.

(a)

The property owner shall notify the Zoning Administrator as to the intended use of the temporary secondary dwelling at such time that the unit is no longer used for dependency living arrangements or farm operations. Within 30 days of notification, a land use permit shall be issued by the Zoning Administrator upon any change in use or the temporary secondary dwelling shall be removed.

(7)

Inspection fee. An inspection fee shall be established by the agency and shall be payable to the Zoning Administrator every three years by June 1 of the third year.

Sec. 7.060. - Nonmetallic mining site, one acre or greater—Secondary standards.

(1)

Application. This section applies to all nonmetallic mining sites that are any of the following:

(a)

Greater than one acre of total affected acreage in the parcel to be mined;

(b)

Mined for more than 24 months; or

(c)

Involve blasting for aggregate material.

(2)

Permit. Nonmetallic mining sites may be permitted under this section by the Zoning Administrator with the submission of a nonmetallic mining application pursuant to Section 7.154 and issuance of a land use permit pursuant to Section 7.153 and special exception approved by the Board of Adjustment pursuant to Section 7.152. The Board shall determine if the nonmetallic mining site is in the public interest after consideration of the following:

(a)

The nonmetallic mining site complies with all provisions of this chapter, Sauk County Code Chapter 24, and Wis. Admin. Code ch. NR 135.

(b)

The establishment, maintenance, or operation of the special exception use shall not endanger the public health, safety, or general welfare, nor impair significant aesthetic, scientific, educational, or agricultural values.

(c)

That the establishment, maintenance, or operation of the special exception use will not substantially affect the existing use of adjacent properties and will not have a substantial adverse effect on the most suitable long-term future use for the area.

(d)

That adequate utilities, access roads, drainage, traffic plans, and other site improvements are or will be provided.

(e)

All outdoor lighting shall utilize fully shielded lighting fixtures to minimize artificial sky glow and prevent light trespass or glare beyond the property line.

(f)

That the nonmetallic mining use shall conform to all government regulations and standards pertaining to the activity, including air and water quality standards and storm and wastewater permit discharge requirements.

(g)

That the noise, vibration, and dust levels be within the standards as established by the state.

(h)

That an undeveloped buffer zone adjacent to extraction operations, commencing not less than 50 feet from a property line, or not less than 600 feet from an established building, or such other distance as the Sauk County Board of Adjustment finds necessary for the protection and safety of adjacent properties from mineral extraction sites, with a stable angle of repose being provided along property lines.

(i)

That the reclamation plan, which shall similarly be imposed as a condition of approval, will be enforceable and, as enforced, will result in the property being in a final condition which is reasonably safe, attractive and, if possible, conducive to productive new uses for the site.

(j)

Stormwater runoff leaving the site will be controlled to limit sediment delivery to surface waters. Appropriate stormwater discharge or construction site erosion permits must be obtained.

(k)

Groundwater Protection. Nonmetallic mining operations and reclamation shall be conducted in a manner that meets groundwater quality standards pursuant to Wis. Admin. Code ch. NR 140.

(l)

Nonmetallic mining operations and reclamation shall be conducted in a manner that does not cause a permanent lowering of the groundwater table that results in adverse effects on surface waters or a significant reduction in the quantity of groundwater available for reasonable use to future users.

(3)

Additional findings and conditions. Where deemed practicable and necessary by the Sauk County Board of Adjustment, the following additional conditions may be added to a special exception:

(a)

Vegetative Screening. An earth bank, berm, or vegetative screen pursuant to Section 7.043 shall be constructed and maintained to screen the mining operation from view.

(b)

Safety Standards. The nonmetallic mining site shall be enclosed by at least a three-strand barbed wire fence, maintained at all times, with warning signs posted no more than 100 feet apart to indicate the presence of a nonmetallic mining site. Fencing and signs shall be installed prior to commencement of operations.

(c)

Water from site dewatering and washing operations will meet the conditions of the required Wisconsin Pollution Discharge Elimination System (WPDES) permit from the Wisconsin Department of Natural Resources.

(d)

Any noise shall be kept below 70 dbA as measured at the nonmetallic mining site's property line during the mines' operational hours. Back up alarms on vehicles that are required by OSHA shall be exempt from this requirement. Verification of this requirement shall be provided to the Zoning Administrator upon written request.

(e)

Any conditions reasonable to protect public health, safety, and welfare, including the factors listed above, may be imposed as part of the special exception.

(4)

Assurance. The Sauk County Board of Adjustment shall require reasonable assurance that the conditions it may impose will be satisfied. Such assurance shall be achieved through a combination of the following prior to commencement of operation activities:

(a)

Performance bonds or substitute guarantees in the form of pledged collateral.

(b)

Clear identification of the relationships between landowners, lessees, licensees, and operators and the signing of written pledges by those persons who assume responsibility for various elements of the conditions imposed.

(c)

If there is any unresolved dispute between a claimant and the applicants with regard to permit conditions, the applicants agree that the same shall be submitted to arbitration in accordance with Wis. Stats. ch. 788, if the claimant so requests.

(5)

Time of operation. Unless otherwise specified in this chapter, the special exception shall be in effect for not more than five years, and may be renewed by application to the Sauk County Board of Adjustment. All permitted operations may be inspected at least once every year by the Zoning Administrator and may be inspected at the time a request for renewal is submitted to the Zoning Administrator to determine if the operation is in compliance with all conditions. Renewed permits shall be modified to be in compliance with all state, county, and local law. Permits may be amended on application to the Sauk County Board of Adjustment to allow extensions or alterations in operations under new ownerships or managements.

(6)

Termination of nonmetallic mining activities. If nonmetallic mining activities terminate for a period of five years or more on a site that is the subject of an approved special exception permit, the land use permit holder is not entitled to a right of renewal at the end of the permit period, despite compliance of former operations with all conditions of the original permit, unless:

(a)

The discontinuance was specified as part of the original operations plan.

(b)

The operator has Sauk County Board of Adjustment approval of an amendment to the original permit placing the operation on inactive status with conditions as to interim or partial reclamation.

(c)

Within two years of the cessation of the operation all equipment, stockpiles, rubble heaps, other debris and temporary structures, except fences, shall be removed or backfilled into the excavation, leaving the premises in a neat and orderly condition.

(d)

As a condition of approval, the operator shall accept responsibility for remediation, or the permit may be revoked.

(7)

Stockpiling. Stockpiling of any nonmetallic mineral, including stone, sand, gravel, clay, and topsoil shall not be permitted beyond final reclamation.

Sec. 7.061. - Nonmetallic mining site, less than one acre, not exceeding 24 months—Secondary standards.

(1)

Permit. Nonmetallic mining sites of one acre or less may be permitted under this subsection by the Zoning Administrator with the submission of a nonmetallic mining application, pursuant to Section 7.154, and issuance of a land use permit, pursuant to Section 7.153, provided the nonmetallic mining site complies with all provisions of this chapter, Sauk County Code Chapter 24, and Wis. Admin. Code ch. NR 135. These requirements include the requirement for financial assurance and a reclamation plan under Sauk County Code Chapter 24.

(2)

Time of operation. Nonmetallic mining sites permitted under this subsection shall not exceed 24 months of operation calculated from the date the land use permit is issued and concluding upon the completion of final reclamation. If a nonmetallic mining site exceeds 24 months of operation, it shall be permitted, and meet the standards under Section 7.060.

(3)

Number. Multiple locations for extraction may be located on a single parcel provided that the total of all locations combined do not exceed one acre.

(4)

Occurrence. Nonmetallic mining sites under this subchapter shall not be permitted to occur on a parcel more than once in any 3-year period, calculated on the date that the land use permit was issued by the Zoning Administrator.

(5)

Length of operation. Nonmetallic mining sites under this subchapter cannot be extended in duration.

(6)

Stockpiling. Stockpiling of any nonmetallic mineral, including stone, sand, gravel, clay and topsoil, shall not be permitted beyond final reclamation.

Sec. 7.062. - Nonmetallic mining site, between one acre and 15 acres, not exceeding 24 months—Secondary standards.

(1)

Permit. Nonmetallic mining sites permitted under this subsection shall meet the provisions of Section 7.060(1), (2) and (3). Nonmetallic mining sites between one acre and 15 acres, may be permitted under this subsection by the Zoning Administrator with the submission of a nonmetallic mining application pursuant to Section 7.154, and issuance of a land use permit pursuant to Section 7.153, provided the nonmetallic mining site complies with all provisions of this chapter, County Code Chapter 24, and Wis. Admin. Code ch. NR 135. These requirements include the requirement for financial assurance and a reclamation plan under Chapter 24.

(2)

Time of operation. Nonmetallic mining sites permitted under this subsection shall not exceed 24 months of operation calculated from the date the land use permit is issued and concluding upon the completion of final reclamation. If a nonmetallic mining site exceeds 24 months of operation, it shall be permitted and meet the standards under Section 7.060.

(3)

Number. Multiple locations for extraction may be located on a single parcel provided that the total of all locations combined do not exceed 15 acres.

(4)

Occurrence. Nonmetallic mining sites under this subchapter shall not be permitted to occur on a parcel more than once in any 3-year period calculated on the date that the land use permit was issued by the Zoning Administrator.

(5)

Length of operation. Nonmetallic mining sites under this subchapter cannot be extended in duration.

(6)

Stockpiling. Stockpiling of any nonmetallic mineral, including stone, sand, gravel, clay and topsoil, shall not be permitted beyond final reclamation.

Sec. 7.0625. - Water extraction and removal facility—Secondary standards.

A conditional use permit shall be required for all water extraction and removal facilities. All facilities shall meet the following standards.

(1)

The hours of trucking operations shall be limited to 8:00 a.m. to 8:00 p.m., Monday through Friday.

(2)

The establishment, maintenance, or operation of the conditional use shall not endanger the public health, safety, or general welfare, nor impair significant aesthetic, scientific, educational, or agricultural values.

(3)

That the establishment, maintenance, or operation of the conditional use will not substantially affect the existing use of adjacent properties and will not have a substantial adverse effect on the most suitable long-term future use for the area.

(4)

That adequate utilities, access roads, drainage, traffic plans, and other site improvements are or will be provided.

(5)

All outdoor lighting shall utilize fully shielded lighting fixtures to minimize artificial sky glow and prevent light trespass or glare beyond the property line.

(6)

The use shall conform to all government regulations and standards pertaining to the activity, including air and water quality standards and storm and wastewater permit discharge requirements.

(7)

Abandonment of the site must be done in accordance with local, state, and federal laws.

Sec. 7.063. - Ponds—Secondary standards.

(1)

Permitting. A land use permit shall be required for ponds in the following cases:

(a)

Any pond 200 square feet or greater shall be considered a structure, shall comply with setbacks for structures pursuant to this chapter, and shall require a land use permit issued by the Zoning Administrator.

(b)

Any pond which, through the process of digging, excavating or scraping, creates spoils which are stockpiled on-site or removed from the property, shall be considered a mining operation and must comply with all mining regulations, and obtain appropriate permits pursuant to this chapter, Sauk County Code Chapter 24, and Wis. Admin. Code ch. NR 135 where applicable.

(c)

Any pond 200 square feet or greater, and within 75 feet of a property line or road right-of-way, shall require the approval of a special exception by the Board of Adjustment.

(2)

Construction of ponds. Pond construction shall include the following:

(a)

All spoil material removed from the pond shall be thin spread, less than 12 inches in thickness, on upland portions of the parcel.

(b)

All disturbed areas associated with pond construction shall be stabilized.

(3)

Safety. If deemed necessary, the Zoning Administrator or the Board of Adjustment shall require safety measures, such as fencing and gates.

(4)

Pond construction proposal. All ponds that require a land use permit or special exception shall submit a plan and description. Plans and descriptions shall include: size of pond, location on site, setbacks, other existing or planned water features on the site, spoil spreading location, disturbed land reclamation means, property description, site stability, erosion, and construction timing.

Sec. 7.064. - Kennel—Secondary standards.

(1)

Overnight care. All overnight care of animals must occur indoors.

(2)

Kennel setbacks. All kennels, outdoor runs, and exercise areas shall be no closer than 1,000 feet from any residential dwelling other than that of the owner, agent, or employee of such kennel.

(3)

Escape. All outdoor runs and exercise areas shall be fenced to prevent animals from escaping.

(4)

Vegetative buffer. All kennels shall meet the vegetative buffer requirements of Section 7.042.

Sec. 7.065. - Auto body, vehicle repair and maintenance—Secondary standards.

(1)

Deleterious impacts. A vehicle repair facility shall not generate excessive noise, smoke, odors, heat, dust, or glare that can be detected from the closest public road or dwelling, other than a dwelling occupied by the vehicle repair facility owner.

(2)

Material storage. All materials used in conjunction with the facility shall be stored inside.

(3)

Repair location. All major repairs, maintenance, service, and other operations, except vehicle storage, shall occur within an enclosed building.

(4)

Vehicle storage. All vehicles shall be stored within an enclosed building, except that vehicles may be temporarily parked on the property. Temporarily parked vehicles are those that are not on the property for longer than seven days.

(5)

Unregistered vehicles. The facility may not include the storage of more than three vehicles that do not have a valid state registration or license plate.

(6)

Vegetative buffer. All vehicle repair and maintenance facilities located in an agriculture zone shall meet the vegetative buffer requirements of Section 7.042.

Sec. 7.066. - Storage yard—Secondary standards.

All outdoor storage yards shall meet the vegetative screening requirements of Section 7.043.

Sec. 7.067. - Warehousing, self-storage facility, or mini-warehousing—Secondary standards.

(1)

Material storage. All materials stored at the facility shall be indoors.

(2)

Vegetative buffer. All warehousing, self-storage facilities, or mini-warehousing shall meet the vegetative buffer requirements of Section 7.042.

Sec. 7.068. - Wholesale distribution facility—Secondary standards.

All wholesale distribution facilities shall meet the vegetative screening requirements of Section 7.043.

Sec. 7.0681. - Water distribution, wholesale, processing, and treatment facility—Secondary standards.

(1)

Vegetative screening. Facilities shall meet the vegetative screening requirements of Section 7.043.

(2)

Material storage. All materials and vehicles at the facility shall be stored indoors.

(3)

Hours of operation. The hours of trucking operations shall be limited to 8:00 a.m. to 8:00 p.m., Monday through Friday.

(4)

Water treatment. All treatment shall be done within an enclosed facility.

Sec. 7.0682. - Concrete and asphalt plants—Secondary standards.

(1)

Setbacks.

(a)

It shall be in violation of this chapter for a person, corporation, or other legal entity to operate, or cause to be operated, an asphalt or concrete plant within 1,500 feet of:

1.

A duly organized and recognized place of worship,

2.

A public or private elementary or secondary school.

3.

A public or private day care facility or kindergarten.

4.

A residential dwelling other than a dwelling for the owner, proprietor, commercial tenant, employee, or caretaker of the asphalt or concreate plant.

(2)

Shoreland and wetlands. Asphalt and concrete plants shall not be located in mapped floodplains, wetlands, or shorelands as defined in Sauk County Code Chapters 8 and 9.

(3)

Vegetative buffer. All asphalt or concrete plant operations shall meet the vegetative buffer requirements of Section 7.042

(4)

Infrastructure projects. All concrete and asphalt plants that are temporary in nature and are utilized in conjunction with a specific highway project are exempt from the provision of this ordinance.

Sec. 7.069. - Composting facility, recycling center, waste transfer station—Secondary standards.

(1)

Setbacks.

(a)

All composting facilities, recycling centers or waste transfer stations, and storage of any dumpsters, shall be no closer than 1,000 feet from any residential dwelling, other than the owner, agent or employee of such facility.

(b)

It shall be in violation of this chapter for a person, corporation, or other legal entity to operate, or cause to be operated, any composting, recycling centers or waste transfer stations within 1,000 feet of:

1.

A duly organized and recognized place of worship.

2.

A public or private elementary or secondary school.

3.

A public or private day care facility or kindergarten.

4.

A residential dwelling other than a dwelling for the owner, proprietor, commercial tenant, employee or caretaker.

5.

Boundary of a platted area for residential development.

6.

A public park.

(2)

Shorelands and wetlands. Composting facilities and waste transfer stations shall not be located in mapped floodplains, wetlands, or shorelands as defined in Sauk County Code Chapter 8 and Chapter 9.

(3)

Vegetative screening. All composting facilities, recycling centers, and waste transfer stations shall meet the vegetative screening requirements of Section 7.043.

Sec. 7.070. - Junkyard—Secondary standards.

(1)

Operation proposal. The operator of a junkyard shall submit a written description to the Zoning Administrator of the proposed operation. The description shall include the types and quantities of materials to be stored or salvaged, where materials are to be hauled to and from and over what roads, proposed hours and days of operation, and any special measures that will be used for spill prevention, waste fluid storage, and control and environmental protection, and assurance that the site will be developed and operated in accordance with all approved plans.

(2)

Site plan. The operator of a junkyard shall submit a site plan, drawn to scale, and including site boundaries, existing roads, driveways, and utilities; existing natural features including lakes, streams, floodplains, wetlands, and shoreland setback areas; location of the proposed storage yard; proposed location and surfacing of roads, driveways, and site access points; proposed fencing of property and gating of access points; proposed location and types of screening berms and landscaping; and existing and proposed temporary and permanent structures.

(3)

Vegetative screening. All junk yards shall meet the vegetative screening requirements of Section 7.043.

(4)

Requirements. As part of a conditional use, junkyards shall meet the following requirements:

(a)

All junkyards shall meet vegetative screening requirements pursuant to 7.043.

(b)

It shall be in violation of this chapter for a person, corporation or other legal entity to operate, or cause to be operated, any junkyard within 1,000 feet of:

1.

A duly organized and recognized place of worship.

2.

A public or private elementary or secondary school.

3.

A public or private day care facility or kindergarten.

4.

A residential dwelling other than a dwelling for the owner, proprietor, commercial tenant, employee or caretaker.

5.

Boundary of a platted area for residential development.

6.

A public park.

(5)

Shorelands and wetlands. Junkyards shall not be located in mapped floodplains, wetlands, or shorelands as defined in Sauk County Code Chapter 8 and Chapter 9.

(6)

Operations plan. The operations plan shall address the following factors:

(a)

The hours of operation shall be from 6:00 a.m. to 8:00 p.m., Monday through Saturday. Crushing hours shall be from 8:00 a.m. to 6:00 p.m., Monday through Friday.

(b)

A plan for handling and storage of materials and recyclables including oil, grease, antifreeze, Freon, batteries, metals, tires and related by-products of the recycling process.

(c)

All runoff shall be detained on-site, and a contaminant control program shall be developed and approved.

(d)

A gate shall be installed at the point of ingress and egress to the site, and shall be shut and locked when no one is in attendance.

(e)

A written description of the proposed operation including:

1.

The types and quantities of materials that would be stored or salvaged.

2.

Where materials would be hauled to and from, and over what roads.

3.

Assurance that the site will be developed and operated in accordance with all approved plans.

(f)

A site plan drawn to scale and including:

1.

Site boundaries.

2.

Existing roads, driveways, and utilities.

3.

Existing natural features including lakes, streams, floodplains, wetlands, and shoreland setback areas.

4.

Location of the proposed storage yard.

5.

Proposed location and surfacing of roads, driveways, and site access points.

6.

Proposed fencing of property and gating of access points.

7.

Proposed location and types of screening berms and landscaping.

8.

Existing and proposed temporary and permanent structures.

(7)

Conditional use term limit. A conditional use shall be in effect for a period not to exceed five years. At the time the permit is set to expire, a new conditional use shall be applied for and approved by the agency provided that the junkyard is in compliance with the conditions set forth in the original conditional use.

(8)

Annual inspection fee. An annual inspection fee shall be established by the agency and shall be payable to the Zoning Administrator by June 1 of each year.

Sec. 7.071. - Landfill, clean—Secondary standards.

(1)

Records. The landowner shall maintain written records regarding the type, amount, and dates that materials are deposited into the landfill, and shall include written documentation of the source of the material claimed to be deposited into the landfill. Such records shall be made available to the Zoning Administrator on request.

(2)

Conditional use term limit. A conditional use shall be in effect for a period not to exceed five years. At the time the conditional use is set to expire, it may be renewed for a period of not more than five years by the Zoning Administrator provided that the landfill is in compliance with the conditions set forth in the original conditional use.

(3)

Annual inspection and fee. The Zoning Administrator shall inspect the landfill annually and review the conditional use to assure continued compliance. An annual inspection fee will be charged and review shall be good for a period of one calendar year, or portion of a year, beginning on January 1 through December 31. The fee is due on January 1, and becomes delinquent on February 1. If the annual inspection fee becomes delinquent, the conditional use shall become null and void.

Sec. 7.072. - Landfill, sanitary—Secondary standards.

(1)

Records. The landowner shall maintain written records regarding type, amount and dates materials are deposited into the landfill and shall include a written documentation of the source of the material claimed to be deposited into the landfill. Such records shall be made available to the Zoning Administrator on request.

(2)

Vegetative buffer. All sanitary landfills shall meet the vegetative buffer requirements of Section 7.042.

Sec. 7.073. - Rendering plant facility—Secondary standards.

(1)

Reduction activities. Reduction activities shall take place in a confined area.

(2)

Waste disposal. Deleterious materials such as sewage, processed and unprocessed animal parts, manure, entrails, blood, hides, bones or waste material of any kind, shall be handled according to a management plan submitted to the Zoning Administrator and approved by the agency as part of the permitting process. Operators must demonstrate that the material will be used, or disposed of, in a manner that does not endanger human health or environmental resources.

(3)

Setbacks.

(a)

All rendering plant facilities shall be no closer than 1,000 feet from any residential dwelling, other than the owner, agent or employee of such facility.

(b)

It shall be in violation of this chapter for a person, corporation or other legal entity to operate, or cause to be operated, any rendering plant within 1,500 feet of:

1.

A duly organized and recognized place of worship.

2.

A public or private elementary or secondary school.

3.

A public or private day care facility or kindergarten.

4.

A residential dwelling other than a dwelling for the owner, proprietor, commercial tenant, employee or caretaker.

5.

Boundary of a platted area for residential development.

6.

A public park.

Sec. 7.074. - Exclusive agriculture zoning district—Secondary standards.

These standards apply to uses in the exclusive agriculture district.

(1)

These standards apply to the uses stated in Sections 7.029, 7.030, and 7.038(7). The uses may be located in the exclusive agriculture zone if it is determined that all of the following apply:

(a)

The use and its location in the exclusive agriculture zoning district are consistent with the purposes of the district.

(b)

The use and its location in the exclusive agriculture 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 parcels 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.

(2)

These standards apply to the uses stated in Section 7.038(1), (5), and (6). The uses may be located in the exclusive agriculture zone if it is determined that all of the following apply:

(a)

The operation complies with Subchapter I of ch. 295 and rules promulgated under that subchapter, with applicable provisions of the local ordinance under Wis. Stats. § 295.13 or 295.14, 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 exclusive agriculture zoning district are consistent with the purposes of the exclusive agriculture zoning district.

(c)

The operation and its location in the exclusive agriculture zoning district are reasonable and appropriate, considering alternative locations outside the exclusive agriculture zoning district, 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 shall restore the land to agricultural use, consistent with any required approved reclamation plan, when extraction is completed.

(3)

The construction of a dwelling in areas zoned exclusive agriculture shall require the issuance of a conditional use permit pursuant to the standards in Wis. Stats. § 91.46(2)(c). Conditional use permits are not required for the following:

(a)

A dwelling may be established pursuant to Subchapter IX; or

(b)

Single family dwellings shall be a permitted use on a lot of record as that term is defined in Section 7.011(61).

Sec. 7.075. - Single family dwelling and accessory structures, detached, secondary standards.

(1)

Accessory structure number and floor area. Accessory structures in the Single Family Residential District shall comply with all building setback requirements and be limited to one principal accessory structure and one secondary accessory structure per lot. The dimensional standards for the principal accessory structure shall be as follows:

Lot Area (sq. feet) Maximum Floor Area
(sq. feet)
(a) 0—19,999 600
(b) 20,000—43,559 900
(c) 43,560 and greater 1,200

 

(2)

Accessory structure floor area for the single family residential zoning district. The secondary accessory structure shall have a maximum floor area of 120 square feet.

(3)

Single family dwellings in commercial and recreation commercial. Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker may be located on the same lot as the business, not to exceed one single family dwelling. Residential quarters in excess of one single family dwelling may be approved by the agency as a conditional use.

(4)

Mobile homes. Mobile homes shall only be permitted in mobile home parks pursuant to Section 7.037(3), for dwelling used temporarily during construction pursuant to Section 7.037(2), and temporary secondary dwellings for dependency living arrangements or agriculture uses pursuant to Section 7.037(7) of this ordinance.

Sec. 7.076. - Roadside stand and farmer's market—Secondary standards.

(1)

Location. All temporary and permanent structures shall be setback five feet from the road right-of-way.

(2)

Parking. Off-street parking shall meet the requirements of Section 7.092(5)(d) flex parking.

(3)

Sales of products and goods shall be of products and goods produced on the premises.

Sec. 7.077. - Animal sanctuary—Secondary standards.

(1)

Permits. A copy of all state and federal permits shall be submitted to the Department and maintained as necessary.

(2)

Setbacks. All structures and enclosed outside areas utilized for housing animals shall be located no less than 200 feet from any property line. The setback from the road right-of-way shall be as specified in Section 7.098.

(3)

Vegetative buffer. All animal sanctuaries shall meet the vegetative buffer requirements of Section 7.042.

(4)

Waste. A waste disposal plan shall be submitted. Wastes from livestock animals shall be the only waste allowed to be land spread.

(5)

Escape. All outdoor runs shall be fenced to prevent animals from escaping.

(6)

Overnight care. All overnight care of animals must occur indoors.

(Ord. No. 10-2022, Exh. A, 6-28-2022)

Sec. 7.078. - Renewable energy structures—Secondary standards.

(1)

Applicability. The requirements and provisions for renewable energy structures shall apply to solar energy systems, wind energy systems, and gasification systems erected, relocated, structurally altered, or reconstructed. Renewable energy structures located in the exclusive agriculture zoning district must meet the definition of an accessory use, unless required or authorized to be located in a specific place by state or federal law.

(2)

Land use permit. The issuance of a land use permit is required prior to the erection, relocation, structural alteration, or reconstruction of any renewable energy facility.

(3)

Solar energy system. The following secondary standards apply to solar energy systems.

(a)

Height. Any ground-mounted solar panel shall not exceed 25 feet in height from the average surface of the ground below.

(b)

Setbacks. Ground mounted solar systems are permitted on front, back, and side lots provided the system meets all required setbacks of this ordinance.

(c)

Photovoltaic surface. Ground mounted solar energy systems in areas zoned single family and multifamily residential shall not exceed a greater photovoltaic surface area of 50 percent of the front, side, or back yard lot area on which they are proposed to be located.

(4)

Wind energy systems.

(a)

Application. This subsection applies to small wind energy systems that have a total installed nameplate capacity of 300 kilowatts or less and that consist of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts. Wind energy systems greater than 300 kilowatts capacity shall comply with Wis. Admin. Code ch. PSC 128.

(b)

Setbacks. Wind energy systems are permitted on front, back, and side lots provided the system meets the following setbacks.

1.

Occupied community buildings: 1.0 times the maximum blade tip height.

2.

Participating dwellings: None.

3.

Nonparticipating dwellings: 1.0 times the maximum blade tip height.

4.

Participating property lines: None.

5.

Nonparticipating property lines: 1.0 times the maximum blade tip height.

6.

Public road right-of-way: None.

7.

Overhead communication and electric transmission or distribution lines, not including utility service lines to individual dwellings or accessory structures: 1.0 times the maximum blade tip height.

8.

Overhead utility service lines to individual dwellings or accessory structures: None.

(5)

Gasification energy systems. The following secondary standards apply to gasification energy systems.

(a)

Regulations. Manure collection systems shall follow all federal, state and county land conservation guidelines and regulations.

(b)

Setbacks. Gasification systems shall be set back 1,000 feet from any building except the participating residence and 1,000 feet from any road right-of-way or property line.

(c)

Shoreland. Gasification systems in shoreland areas pursuant to Sauk County Code Chapter 8 are prohibited.

(d)

Gasification systems may only process primarily agricultural wastes or byproducts.

Sec. 7.079. - Metal and wood fabrication—Secondary standards.

Sales of products and goods shall be of products and goods produced on the premises.

Sec. 7.080. - Government facilities, buildings and uses—Secondary standards.

Government uses shall be those uses conducted by a governmental entity on government owned property.

Sec. 7.081. - Accessible element—Secondary standards.

The addition of an accessible element to any structure may project into the road setback, front, or rear yard setback by up to ten feet and into the side yard setback by up to five feet. There shall be only one accessible element in the setback per lot. Prior to any accessible element projecting into a setback, the applicant must show that the element cannot be built outside of the setback.

Sec. 7.082. - Seasonal storage of recreational equipment and motor vehicles—Secondary standards.

Recreational equipment and motor vehicles may be stored on the premises provided the equipment is owned by private individuals other than those residing on the premises and the storage is located within an existing farm building and completely enclosed therein. The storage of a dealer's inventory or construction of any new buildings for storage shall be a commercial use. In the exclusive agricultural district, the storage must meet the definition of an accessory use.

Sec. 7.083. - Bed and breakfast establishment, lodging houses—Secondary standards.

(1)

A septic verification or a sanitary permit shall be required from Sauk County for any building that results in any change in use of the structure from the original use that results in an increased volume of wastewater above that for which the system was originally designed. Where cases of doubt exist as to the need of a sanitary permit, Sauk County shall be contacted before the change in use is made, and the Zoning Administrator shall determine the need for a sanitary permit.

(2)

The property must obtain all federal, state, and local permits.

(3)

The permit shall be issued to the owner of the residence and would not be transferable.

(4)

An annual inspection fee shall be established by the agency and be payable to Sauk County by June 1st of each year.

Sec. 7.084. - Food processing facility and grocery store, confectionary, bakery, deli, and meat market—Secondary standards.

Food processing facilities and grocery stores, confectionaries, bakeries, delis, and meat markets shall only be permitted in the exclusive agriculture, rural community, or agriculture zoning districts if they have an annual gross income of less than $100,000.00. Food processing facilities and grocery stores, confectionaries, bakeries, delis, and meat markets must meet the definition of an accessory use to be permitted in the exclusive agricultural zoning district. If a food processing facility's annual gross income is greater than said number, it shall only be permitted in the industrial zoning district. If a grocery store, confectionary, bakery, deli, or meat market's gross annual income is greater than said number, it shall only be permitted in rural community, commercial, or recreation commercial districts.

Sec. 7.085. - Animal grooming, veterinary clinic—Secondary standards.

In the exclusive agricultural district, this use is only allowed to care primarily for livestock.

Sec. 7.086. - Campground.

(1)

A camping unit may not be occupied for more than 240 days in a calendar year. The stay does not need to be continuous, and all separate stays shall be combined in determining the 240-day period.

(2)

All camping units shall comply with applicable setbacks that apply to structures.

(3)

Only permanent non-habitable structures shall be allowed in the campground. The only structures allowed shall be sheds, gazebos, picnic shelters, porches, decks, or garages.

(4)

The campground must obtain all federal, state, and local permits.

(5)

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 is prohibited.

Sec. 7.087. - Resort.

(1)

A septic verification or a sanitary permit shall be required from Sauk County for any building that results in any change in use of the structure from the original use that results in an increased volume of wastewater above that for which the system was originally designed. Where cases of doubt exist as to the need of a sanitary permit, Sauk County shall be contacted before the change in use is made and the Zoning Administrator shall determine the need for a sanitary permit.

(2)

The permit shall be issued to the owner of the residence and would not be transferable.

(3)

In areas zoned agriculture and resource conservancy, only two dwelling units shall be allowed in any resort. If more than two dwelling units are desired, the area must be rezoned.