Grantsburg, WI Zoning Ordinance

§ 595-17 Establishment of districts.

For the purpose of this chapter, present and future, provision is hereby made for the division of the Village of Grantsburg into the following basic and overlay zoning districts:

R-1	Single-Family Residential District (Low Density)
R-2	Single-Family Residential District (Medium Density)
R-3	Two-Family Residential District
R-4	Multiple-Family Residential District
R-5	Residential Estate District
C-1	Conservancy District
B-1	General Commercial District
B-2	Highway Commercial District
B-3	Business Park District
I-1	Industrial District
PF	Public Facilities District
A-1	Agricultural District (Limited Livestock)
A-2	Agriculture Enterprise District
WHP	Wellhead Protection Overlay District
AEO	Adult Entertainment Overlay District
E-1	Mineral Extraction or Landfill Overlay District

§ 595-18 Zoning Map; district boundaries.

Zoning Map. The boundaries of the districts enumerated in § 595-17 above are hereby established as shown on a map titled "Zoning Map, Village of Grantsburg, Wisconsin," as amended, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk and shall be available to the public in the office of the Village Clerk.

Boundary lines. The boundaries shall be construed to follow corporate limits, United States Public Land Survey lines, lot or property lines, center lines of streets, highways, alleys, easements and railroad rights-of-way, or such lines extended, unless otherwise noted on the Zoning Map. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the Zoning Map are approximately bounded by lot lines, such lot lines shall be construed to be the boundary of the district.

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

Annexations and consolidations. Annexations to or consolidations with the Village of Grantsburg subsequent to the effective date of this chapter shall be placed in the R-1 Residential District unless the annexation ordinance temporarily places the land in another district.

Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following Village boundaries shall be construed as following municipal boundaries.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in the preceding subsections shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

§ 595-19 R-1 Single-Family Residential District (Low Density).

Purpose. The purpose of the R-1 District is to provide the opportunity for construction and maintenance of primarily single-family detached dwelling units at a low dwelling unit per acre density.

Permitted uses. The following are permitted uses in the R-1 District:

(1)

Single-family detached dwellings, excluding all mobile homes; for purposes of this chapter manufactured homes are included in the definition of "single-family dwelling."

(2)

Modular homes complying with all of the following requirements and limitations:

[Amended 7-15-2024 by Ord. No. 2024-03]

(a)

The home shall be a double wide of at least 24 feet in width and 36 feet in length.

(b)

The home shall be installed on an approved Uniform Dwelling Code (UDC) foundation system in conformity with the Uniform Dwelling Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Building Inspector and/or Village Engineer; the Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.

(c)

The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.

(d)

The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches which is permanently covered with nonreflective material.

(e)

The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Grantsburg.

(3)

Private garages/residential accessory buildings, per § 595-99, which in the aggregate shall not occupy more than 35% of any required rear yard area. Each building cannot be larger than 1,500 square feet. Attached garages shall not be larger than 50% of the total area measured on the main floor of the garage and house area combined. If an attached garage exists, two additional buildings are permitted in the rear yard. If there is no attached garage, three buildings are allowed. Private garages/residential accessory buildings are not permitted in the front yard. Such garage/accessory building shall not be used in the conduct of any business, and no garage or other structure not designed for human habitation shall be used for living quarters. All accessory building permits need to be issued by the Village Board.

[Amended 11-24-2021 by Ord. No. 21-05]

(4)

Gardening, tool and storage sheds incidental to the residential use, not to exceed 400 square feet.

(5)

Public parks and recreation areas.

(6)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(7)

Foster family care.

(8)

Home occupations and professional home offices per § 595-58.

(9)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(10)

The keeping of chickens in the rear yard of a residence meeting the standards and permit requirements of § 200-21 of Chapter 200, Animals, of this Code.

(11)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.

Conditional uses. The following are conditional uses in the R-1 District:

(1)

Community living arrangements and day-care centers which have a capacity for nine or more persons.

(2)

Utilities (electric substations, telephone switching stations, gas regulators, etc.).

(3)

Bed-and-breakfast establishments.

(4)

Churches and public buildings, except public buildings housing uses incompatible with the characteristics of the district, such as sewage systems, incinerators and shops.

(5)

Public utility structures, except those incompatible with the characteristics of the district.

(6)

Agricultural and gardening uses, except those incompatible with the characteristics of the district, such as the raising of livestock.

(7)

Multi-dog kennels per Village ordinances.

(8)

Golf courses and private clubs.

(9)

Barbering and beauty culture.

(10)

Sewage disposal facilities.

(11)

Nursery schools.

(12)

Mobile home parks as a planned unit development meeting the requirements of standards governing mobile home parks.

(13)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure per § 595-98.

Area, height and yard requirements.

(1)

Lot.

(a)

Area: minimum 12,150 square feet.

(b)

Width: minimum 90 feet.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Street: minimum 30 feet.

(b)

Rear: minimum 30 feet for principal structure; minimum 12 feet for accessory buildings and detached garages.

(c)

Side: minimum eight feet each side.

§ 595-20 R-2 Single-Family Residential District (Medium Density).

Purpose. The R-2 District is intended to provide the opportunity for construction and maintenance of primarily single-family detached dwelling units at a medium dwelling unit per acre density. It particularly reflects older neighborhoods in the Village of Grantsburg.

Permitted uses. The following are permitted uses in the R-2 District:

(1)

Single-family detached dwellings, excluding all mobile homes; for purposes of this chapter manufactured homes are included in the definition of "single-family dwelling."

(2)

Modular homes complying with all of the following requirements and limitations:

[Amended 7-15-2024 by Ord. No. 2024-03]

(a)

The home shall be a double wide of at least 24 feet in width and 36 feet in length.

(b)

The home shall be installed on an approved Uniform Dwelling Code (UDC) foundation in conformity with the Uniform Dwelling Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Building Inspector and/or Village Engineer; the Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.

(c)

The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.

(d)

The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches which is permanently covered with nonreflective material.

(e)

The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Grantsburg.

(3)

[Amended 11-24-2021 by Ord. No. 21-05]

(4)

Gardening, tool and storage sheds incidental to the residential use, not to exceed 400 square feet.

(5)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(6)

Foster family care.

(7)

Home occupations and professional home offices per § 595-58.

(8)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(9)

The keeping of chickens in the rear yard of a residence meeting the standards and permit requirements of § 200-21 of Chapter 200, Animals, of this Code.

(10)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.

Conditional uses. The following are conditional uses in the R-2 District:

(1)

Community living arrangements and day-care centers which have a capacity for nine or more persons.

(2)

Utilities (electric substations, telephone switching stations, gas regulators, etc.).

(3)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

(4)

Bed-and-breakfast establishments.

(5)

Churches and public buildings, except public buildings housing uses incompatible with the characteristics of the district, such as sewage systems, incinerators and shops.

(6)

Multi-dog kennels per Village ordinances.

(7)

Agricultural and gardening uses, except those incompatible with the characteristics of the district, such as the raising of livestock.

(8)

Parks and playgrounds.

(9)

Golf courses and private clubs.

Area, height and yard requirements.

(1)

Lot.

[Amended 9-11-2023 by Ord. No. 2023-07]

(a)

Area: minimum 9,100 square feet.

(b)

Width: minimum 70 feet.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Street: minimum 25 feet.

(b)

Rear: minimum 25 feet; minimum of 12 feet for accessory buildings and detached garages.

(c)

Side: minimum six feet each side.

§ 595-21 R-3 Two-Family Residential District.

Purpose. The purpose of the R-3 District is to provide the opportunity for construction and maintenance of primarily two-family dwelling units, particularly in new subdivisions and growth areas.

Permitted uses. The following are permitted uses in the R-3 District:

(1)

Single-family dwellings.

(2)

Two-family dwellings (duplex).

(3)

Community living arrangements and day-care centers which have a capacity for eight or fewer persons.

(4)

Foster family care.

(5)

Home occupations and professional home offices per § 595-58.

(6)

Laundromats.

(7)

Gardening, tool and storage sheds incidental to the residential use, not to exceed 400 square feet.

(8)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(9)

The keeping of chickens in the rear yard of a residence meeting the standards and permit requirements of § 200-21 of Chapter 200, Animals, of this Code.

(10)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.

Conditional uses. The following are conditional uses in the R-3 District:

(1)

Parks and playgrounds.

(2)

Multiple-family dwellings up to four dwelling units.

(3)

Lodge and fraternal buildings.

(4)

Nursing homes.

(5)

Nursery schools and day-care centers.

(6)

Retirement homes.

(7)

Utilities.

(8)

Schools and churches.

(9)

Government, cultural and public buildings or uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.

(10)

Sewage disposal facilities.

(11)

[1]Zero lot line construction per § 595-59.

[Added 4-10-2023 by Ord. No. 2023-01]

[1]

Editor's Note: Former Subsection C(11), Single-family homes, was repealed 11-24-2021 by Ord. No. 21-05.

(12)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

Area, height and yard requirements.

(1)

Lot.

(a)

Area: minimum 8,400 square feet.

(b)

Width: minimum 80 feet.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Street: minimum 20 feet.

(b)

Rear: minimum 20 feet; minimum 12 feet for accessory buildings and detached garages.

(c)

Side: minimum six feet each side.

§ 595-22 R-4 Multiple-Family Residential District.

Purpose. The purpose of the R-4 District is to provide the opportunity for construction and maintenance of multiple-family dwelling units at varying dwelling units per acre densities.

Permitted uses. The following are permitted uses in the R-4 District:

(1)

Two-family dwellings (duplex).

(2)

Multiple-family dwellings up to and including eight units.

(3)

Accessory uses and buildings as follows (if a two-family dwelling, R-3 standard shall be complied with):

(a)

A gardening, tool and storage shed incidental to the residential use, not to exceed 400 square feet.

(b)

Off-street parking facilities.

(4)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(5)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.

Conditional uses. The following are conditional uses in the R-4 District:

(1)

Parks and playgrounds.

(2)

Professional home offices.

(3)

Planned residential developments.

(4)

Golf courses and private clubs.

(5)

Barbering and beauty culture.

(6)

Sewage disposal facilities.

(7)

Utilities.

(8)

Schools and churches.

(9)

Government, cultural, and public uses such as fire and police stations, community centers, libraries, public emergency shelters and museums.

(10)

Home occupations.

(11)

Nursery schools.

(12)

Agricultural activities.

(13)

Retirement homes.

(14)

Colleges and fraternities.

(15)

Single-family dwellings.

(16)

Mobile home parks.

(17)

Day-care centers.

(18)

Multiple-family dwellings over eight units.

(19)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

(20)

Zero lot line construction per § 595-59.

[Added 4-10-2023 by Ord. No. 2023-01]

Area, height and yard requirements.

(1)

Lot.

(a)

Area: minimum 8,400 square feet.

(b)

Width: minimum 80 feet.

(2)

Building height: maximum 45 feet.

(3)

Yards.

(a)

Street: minimum 20 feet.

(b)

Rear: minimum 20 feet; minimum 12 feet for accessory buildings and detached garages.

(c)

Side: minimum six feet each side.

§ 595-23 R-5 Residential Estate District.

Purpose. The R-5 Residential Estate District is intended to provide for a single-family residential countryside estate development, at densities not to exceed one dwelling unit per gross two or more acres, typically served by municipal sewer facilities. This district is for executive/estate type large lots of a rural or estate character.

Permitted uses. The following uses are permitted in the R-5 District:

(1)

Single-family detached dwellings, excluding all mobile homes; for purposes of this chapter manufactured homes are included in the definition of "single-family dwelling."

(2)

Modular homes complying with all of the following requirements and limitations:

[Amended 7-15-2024 by Ord. No. 2024-03]

(a)

The home shall be at least 24 feet in width and 36 feet in length.

(b)

(c)

The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.

(d)

The home shall be covered by a roof pitched at a minimum slope of three inches in 12 inches which is permanently covered with nonreflective material.

(e)

The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Grantsburg.

(f)

The home shall have exterior wall coverings consisting of any of the following materials or combinations thereof:

[1]

Horizontal aluminum, steel or vinyl siding;

[2]

Wood or simulated wood; or

[3]

Brick or stone.

(3)

Community living arrangements which have a capacity for eight or fewer persons subject to the limitations set forth in § 62.23(7)(i), Wis. Stats.

(4)

Essential services.

(5)

Home occupations/professional home offices. (See § 595-58.)

(6)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(7)

The keeping of chickens in the rear yard of a residence meeting the standards and permit requirements of § 200-21 of Chapter 200, Animals, of this Code.

Conditional uses. The following are conditional uses in the R-5 District:

(1)

Utility substations.

(2)

Solar collectors erected as an accessory structure.

(3)

Community living arrangements which have a capacity for nine or more persons.

(4)

Single-family dwelling units meeting the requirements of this section served by private sewer and water systems where the Village determines public service is impractical.

(5)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

Area, height and yard requirements.

(1)

Lot area and width. Lots shall be a minimum of two acres in area and shall be not less than 125 feet in width at the front setback.

(2)

Height. No building or parts of a building shall exceed 35 feet in height.

(3)

Yards.

(a)

Street: minimum 30 feet.

(b)

Side. There shall be a side yard on each side of all buildings not less than 20 feet in width.

(c)

Rear. There shall be a rear yard of not less than 50 feet; 12 feet for accessory buildings and detached garages.

Other development standards.

(1)

Rural cross section streets may be permitted with special permission from the Village Board under the following circumstances and conditions of development:

(a)

Minimum roadway design standards:

[1]

Twenty-two-foot blacktop pavement width per Village standards.

[2]

A one-and-one-half-foot rolled curb concrete shoulder or curb with a minimum of seven inches on each side of the blacktop.

[3]

Sixty-six-foot right-of-way.

[4]

One-hundred-thirty-two-foot cul-de-sac bulb right-of-way.

(b)

Where rural cross sections are used, the developer shall submit and the Village Board shall approve detailed grading plans for the swale network. The swale system shall be installed at time of street work and shall be designed as a component of the stormwater management plan.

(c)

A culvert installation permit and detailed lot grading permit shall be granted by the Building Inspector prior to any disturbance of the site associated with grading, excavation or culvert installation. The developer shall secure a performance bond or deposit of $500 plus 25% of the total cost to ensure appropriate culvert installation and shall pay any required Village administrative and inspection fee prior to the granting of a culvert installation permit.

(2)

Livestock, such as, but not limited to, cattle, swine, horses, ponies, poultry and other fowl, may only be allowed in the R-5 District following issuance of a conditional use permit after public hearing. As a general policy guideline, the R-5 District is not intended to be used for intensive raising or boarding of livestock or fowl. A conditional use permit for livestock or fowl may only be issued if such use is compatible with the neighborhood.

§ 595-24 C-1 Conservancy District.

Purpose. The purpose of the C-1 Conservancy District is to preserve, protect, and maintain the natural environment and character of areas exhibiting significant natural resource features which contribute to the productive, recreational, or aesthetic value of the community.

Permitted uses. The following are permitted uses in the C-1 District:

(1)

Farming and related agricultural uses when conducted in accordance with conservation standards.

(2)

Forest and game management.

(3)

Hunting, fishing and hiking.

(4)

Parks and recreation areas, arboreta, botanical gardens and greenways.

(5)

Stables.

(6)

Utilities.

(7)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(8)

Nonresidential buildings used solely in conjunction with the raising of water, fowl or fish.

(9)

Harvesting of wild crops.

(10)

Recreation-related structures not requiring basements.

Conditional uses. The following are conditional uses in the C-1 District:

(1)

Animal hospitals, shelters and kennels.

(2)

Archery and firearm ranges, sports fields and skating rinks.

(3)

Land restoration, flowage, and ponds.

(4)

Golf courses and clubs.

(5)

Ski hills and trails.

(6)

Yacht clubs and marinas.

(7)

Recreation camps.

(8)

Public and private campgrounds.

(9)

Riding stables.

(10)

Planned residential developments.

(11)

Sewage disposal plants.

(12)

Governmental, cultural and public buildings or uses.

(13)

Utilities.

(14)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

(15)

Hunting and fishing clubs.

(16)

Professional home offices.

(17)

Farm structures.

Area, height and yard requirements.

(1)

Lot.

(a)

Area: minimum 1 1/2 acres.

(b)

Width: minimum 150 feet.

(2)

Building height: maximum 35 feet.

(3)

Other structure height: maximum 1/2 the distance from the structure's nearest lot line.

(4)

Yards.

(a)

Street: minimum 20 feet.

(b)

Rear: minimum 20 feet.

(c)

Side: minimum 20 feet, except that structures used for the housing or shelter of animals must be 100 feet from lot lines.

§ 595-25 B-1 General Commercial District.

Purpose. The B-1 District is intended to provide an area for the business, financial, professional and commercial needs of the community, especially those which can be most suitably located in a compact and centrally located business district.

Permitted uses. The following are permitted uses in the B-1 District:

(1)

Paint, glass and wallpaper stores.

(2)

Hardware stores.

(3)

Department stores, variety stores, and general merchandise stores.

(4)

General grocery stores, supermarkets, fruit and vegetable stores, delicatessens, meat and fish stores and miscellaneous food stores.

(5)

Candy, nut or confectionery stores.

(6)

Dairy products stores, including ice cream stores.

(7)

Parks.

(8)

Furniture, home furnishings, floor covering and upholstery shops/stores.

(9)

Restaurants, lunch rooms and other eating places, except drive-in type establishments.

(10)

Taverns, bars and other drinking places with permit by the Village Board.

(11)

Drugstores and pharmacies.

(12)

Liquor stores.

(13)

Antique stores and secondhand stores.

(14)

Sporting goods stores and bicycle shops.

(15)

Bookstores, not including adult books.

(16)

Stationery stores.

(17)

Jewelry and clock stores.

(18)

Camera and photographic supply stores.

(19)

Gift, novelty and souvenir shops.

(20)

Florist shops.

(21)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(21), Tobacco and smokers' supplies stores, was repealed 7-10-2023 by Ord. No. 2023-02.

(22)

News dealers and newsstands.

(23)

Wholesale merchandise establishments, only for retail items listed above; e.g., Subsection B(18) would allow wholesale camera sales.

(24)

Banks and other financial institutions.

(25)

Offices of insurance companies, agents, brokers and service representatives.

(26)

Offices of real estate agents, brokers, managers and title companies.

(27)

Miscellaneous business offices.

(28)

Heating and plumbing supplies (provided all material storage is inside a building).

(29)

Retail laundry and dry-cleaning outlets, including coin-operated laundries and dry-cleaning establishments, commonly called laundromats and launderettes, tailor shops, dressmakers' shops, and garment repair shops, but not garment pressing establishments, hand laundries, or hat cleaning and blocking establishments.

(30)

Photographic studios and commercial photography establishments.

(31)

Barbershops, beauty shops and hairdressers.

(32)

Shoe repair shops and shoe shine parlors.

(33)

Trade and contractors' offices (office only).

(34)

Advertising agencies, consumer credit reporting, news agencies, and employment agencies.

(35)

Duplicating, blueprinting, photocopying, addressing, mailing, mailing list and stenographic services; small print shops.

(36)

Computer services.

(37)

Commercial parking lots, parking garages, and parking structures.

(38)

Watch, clock and jewelry repair services.

(39)

Motion-picture theaters, not including drive-in theaters.

(40)

Miscellaneous retail stores.

(41)

Offices/clinics of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, optometrists, massage therapists, counselors and chiropractors, but not veterinarians' offices.

(42)

Law offices.

(43)

The offices, meeting places, churches, and premises of professional membership associations; civic, social, and fraternal associations; business associations, labor unions and similar labor organizations; political organizations; religious organizations; charitable organizations; or other nonprofit membership organizations.

(44)

Engineering and architectural firms or consultants.

(45)

Accounting, auditing and bookkeeping firms or services.

(46)

Professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations.

(47)

The offices of governmental agencies and post offices.

(48)

Public transportation passenger stations, taxicab company offices, and taxicab stands, but not vehicle storage lots or garages.

(49)

Telephone and telegraph offices.

(50)

Day-care centers; public and private schools.

(51)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(52)

Breweries.

(53)

Uses customarily incident to any of the above uses.

Conditional uses. The following are permitted as conditional uses in the B-1 District, provided that no nuisance shall be afforded to the public through noise, the discharge of exhaust gases from motor-driven equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious materials, unsightly conditions, obstruction of passage on the public street or sidewalk, or other conditions generally regarded as nuisances, and provided that where operations necessary or incident to the proper performance of these services or occupations would tend to afford such nuisances, areas, facilities, barriers, or other devices shall be provided in such a manner that the public is effectively protected from any and all such nuisances. These uses shall be subject to the consideration of the Village Board with regard to such matters.

(1)

Miscellaneous repair shops and related services.

(2)

Garment pressing establishments, hand laundries, or hat cleaning and blocking establishments.

(3)

Establishments engaged in the publishing and printing of newspapers, periodicals or books.

(4)

Farm supplies, wholesale trade.

(5)

Establishments engaged in the retail sale of automobiles, trailers, mobile homes, or campers.

(6)

Stores for the sale and installation of tires, batteries, mufflers or other automotive accessories.

(7)

Gasoline service stations; provided, further, that all gasoline pumps, storage tanks and accessory equipment must be located at least 30 feet from any existing or officially proposed street line.

(8)

Establishments engaged in the daily or extended-term rental or leasing of house trailers, mobile homes or campers.

(9)

Establishments engaged in the daily or extended-term rental or leasing of passenger automobiles, limousines or trucks, without drivers, or of truck trailers or utility trailers.

(10)

Establishments for the washing, cleaning or polishing of automobiles, including self-service car washes.

(11)

Hotels, motor hotels, motels, tourist courts, tourist rooms, etc.

(12)

Farm implement sales.

(13)

Mini-warehouses.

(14)

Outdoor sports facilities or beer gardens at licensed premises (see § 330-20 of Chapter 330, Intoxicating Liquor and Fermented Malt Beverages, of this Code).

(15)

Animal hospitals; pet shops (excluding kennels).

(16)

Undertaking establishments.

(17)

Public facilities and uses, including governmental, cultural, and public buildings or uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.

(18)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

(19)

Residential dwellings located on the first (ground) floor, provided that there is no residential area fronting the primary street and residential dwellings are located on the second floor.

(20)

Campgrounds.

[Added 9-11-2023 by Ord. No. 2023-06]

(21)

Tattoo parlors.

[Added 7-15-2024 by Ord. No. 2024-02]

Lot, yard and building requirements.

(1)

Lot frontage: minimum 60 feet.

(2)

Lot area: minimum 6,000 square feet.

(3)

Principal building.

(a)

Front yard, minimum: none.

(b)

Side yard, minimum: 10 feet if side yard is necessary to be compatible with neighborhood; otherwise none.

(c)

Rear yard, minimum: 25 feet if rear yard is necessary to be compatible with neighborhood; otherwise none.

Note: Preexisting structures may be nonconforming. In blocks in the business districts which are already developed, the dimensional requirements of this chapter can be modified if in the opinion of the Zoning Board of Appeals such action would be in keeping with the purpose of this chapter where a practical difficulty or hardship would result from a literal enforcement of the requirements.

(4)

Building height: maximum 45 feet.

(5)

Percent of lot coverage: maximum 90%.

(6)

Alley setback: minimum 15 feet.

Other development regulations.

(1)

A site development plan, prepared in accordance with § 595-115, shall be submitted before a permit can be granted for any expanded or new use in this district.

(2)

No outdoor storage of any material shall be permitted in this district except within enclosed containers or properly screened, as determined by the Village Board.

(3)

No lighting shall be permitted which would glare from this district onto any street right-of-way or onto any adjacent property.

§ 595-26 B-2 Highway Commercial District.

Purpose. The B-2 Highway Commercial District is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic, or which are specifically designated to serve the needs of such traffic.

Permitted uses. The following are permitted uses in the B-2 District:

(1)

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

(2)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(3)

Breweries.

Conditional uses. The following are conditional uses in the B-2 District:

(1)

Amusement activities.

(2)

Automobile and truck retail services.

(3)

Automobile repair and fuel services.

(4)

Bars and taverns.

(5)

Gasoline service stations.

(6)

Gift, novelty and souvenir sales.

(7)

Hotels, motels and tourist courts.

(8)

Nightclubs and dance halls.

(9)

Restaurants.

(10)

Sales, service and installation of tires, batteries and accessories.

(11)

Residential dwelling units.

(12)

Animal hospitals, shelters and kennels.

(13)

Clinics.

(14)

Public assembly uses.

(15)

Commercial recreation facilities.

(16)

Off-season storage facilities.

(17)

Lodges and fraternal buildings.

(18)

Nursing homes.

(19)

Nursery and day-care centers.

(20)

Retirement homes.

(21)

Drive-in food and beverage establishments.

(22)

Drive-banks.

(23)

Drive-in theaters.

(24)

Vehicle sales and service.

(25)

Public parking lots.

(26)

Sewage disposal plants.

(27)

Utilities; siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

(28)

Mobile home sales.

(29)

Log stacks area, provided that they are located a minimum of 60 feet from the center of adjacent public road rights-of-way.

(30)

Farm implements sales.

(31)

Other uses listed as either permitted or conditional uses in § 595-25.

(32)

Other uses similar to or customarily incidental to any of the above uses.

(33)

Tattoo parlors.

[Added 7-15-2024 by Ord. No. 2024-02]

Area, height and yard requirements.

(1)

Lot.

(a)

Building area: 20,000 square feet.

(b)

Width: minimum 90 feet.

(2)

Building height: maximum 35 feet.

(3)

Yards.

(a)

Street: minimum 80 feet (may include parking).

(b)

Rear: minimum 20 feet.

(c)

Side: minimum 20 feet each side.

§ 595-27 B-3 Business Park District.

Purpose. The B-3 Business Park District is established to provide an aesthetically attractive working environment exclusively for and conducive to the development and protection of offices, non-nuisance-type manufacturing operations and research and development institutions. The essential purpose of this district is to achieve development which is an asset to the owners, neighbors and the Village and to promote and maintain desirable economic development in a dedicated business park setting.

Permitted uses. The following are permitted uses in the B-3 District:

(1)

State-classified manufacturing operations.

(2)

Warehousing or distribution operations, not including predominantly retail sales to customers on site.

(3)

Offices of construction firms, shops, display rooms and enclosed storage.

(4)

Laboratories, research, development and testing, and manufacturing and fabrication in conjunction with such research and development and operations.

(5)

Service uses, including computer and data processing services, miscellaneous business services, offices (business and professional) and communication services.

(6)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

Conditional uses. The following are conditional uses in the B-3 District:

(1)

Public utilities and public services.

(2)

Conference centers and hotel facilities.

(3)

Ancillary retail sales and service operations that serve employees within the business park.

(4)

Wind energy systems per § 595-97.

(5)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

Lot, yard and building requirements.

(1)

Lot frontage: minimum 100 feet.

(2)

Lot area: minimum 21,780 square feet.

(3)

Front yard: minimum 25 feet.

(4)

Side yard: minimum 15 feet.

(5)

Rear yard: minimum 30 feet.

(6)

Building height: maximum 35 feet.

*	Requirements may be modified by conditional use permit.

Other requirements. Uses permitted and conditional in the B-3 District are subject to the following requirements:

(1)

No building or improvement shall be erected, placed or altered on any lands in the B-3 District until the plans for such building or improvement, including site, landscaping and building plans and specifications, have been approved by the Village Board. The Village Board shall review and approve, approve conditionally or disapprove such plans with respect to conformity with deed restrictions and protective covenants placed on the land in the B-3 District. The deed restrictions and protective covenants must be approved by the Village Board. The approved deed restrictions and protective covenants must be recorded on the land prior to rezoning to the B-3 District.

(2)

Design standards in the B-3 District shall include as a minimum the following standards:

(a)

All uses shall comply with the Village performance standards for air pollution, fire and explosive hazards, glare and heat, liquid or solid wastes, noise and vibration, odors, radioactivity and electrical disturbances and refuse.

(b)

All business, servicing or processing, except off-street parking and loading and outside storage areas regulated by restrictive covenants, shall be conducted within completely enclosed buildings.

(c)

The building coverage on any zoning lot shall not exceed 55% or be less than 25%.

(d)

All areas not covered by buildings or parking lots shall be landscaped subject to detail requirements of restrictive covenants.

(e)

All zoning lots abutting residentially zoned districts shall be screened.

§ 595-28 I-1 Industrial District.

Purpose. The I-1 District is intended to provide an area for manufacturing, marketing, and industrial and agribusiness activities not located in a planned B-3 business setting. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.

Permitted uses. The following uses are permitted uses in the I-1 District:

(1)

Building construction contractors.

(2)

Food locker plants.

(3)

Offices.

(4)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

Conditional uses. The following are conditional uses pursuant to Article V within the I-1 District. Such use shall be subject to the consideration of the Village Board and Plan Commission with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors.

(1)

Manufacturing establishments, usually described as factories, mills or plants, in which raw materials are transformed into finished products, and establishments engaged in assembling component parts of manufactured products.

(2)

Other industrial or commercial activities which possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions.

(3)

The outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage is enclosed by a suitable fence or other manner of screening.

(4)

Railroads, including rights-of-way, railroad yards, and structures normally incident to the operation of railroads, including station houses, platforms, and signal towers, but not including warehouses owned by companies other than railroad companies or road terminal companies.

(5)

Wholesale establishments and warehouses.

(6)

Highway passenger and motor freight transportation.

(7)

Light industry and service uses.

(a)

Automotive body repair.

(b)

Automotive upholstery.

(c)

Cleaning, pressing, and dyeing.

(d)

Commercial bakeries.

(e)

Commercial greenhouses.

(f)

Distributors.

(g)

Printing and publishing.

(h)

Trade and contractors' facilities.

(i)

Painting services.

(j)

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

(k)

Recreation vehicle, boat and miscellaneous storage.

(8)

Public facilities and uses.

(a)

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

(b)

Schools and churches.

(c)

Airports, airstrips and landing fields.

(9)

Agriculture-related industry and service uses.

(a)

Production of natural and processed cheese.

(b)

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

(c)

Production of condensed and evaporated milk.

(d)

Wet milling of corn.

(e)

Production of creamery butter.

(f)

Drying and dehydrating fruits and vegetables.

(g)

Preparation of feeds for animal and fowl.

(h)

Pea vineries.

(i)

Creameries and dairies.

(j)

Production of flour and other grain mill products; blending and preparing of flour.

(k)

Fluid milk processing.

(l)

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

(m)

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

(n)

Poultry and small game dressing and packing, provided that all operations are conducted within an enclosed building.

(o)

Production of sausages and other meat products.

(p)

Corn shelling, hay baling and threshing services.

(q)

Grist mill services.

(r)

Horticultural services.

(s)

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

(t)

Canning of specialty foods.

(u)

Grain elevators and bulk storage of feed grains.

(v)

Fertilizer production, sales, storage, mixing and blending.

(w)

Sales or maintenance of farm implements and related equipment.

(x)

Animal hospitals, shelters and kennels.

(y)

Veterinarian services.

(z)

Sawmills.

(10)

Wind energy systems per § 595-97.

(11)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

Prohibited uses. The following are prohibited uses in the I-1 District:

(1)

Specifically excluded from this designation and expressly prohibited is any use or business which is dangerous or which would create a public nuisance.

(2)

All residential uses are expressly prohibited.

(3)

Also specifically excluded and expressly prohibited is any use or business involving the wrecking of automobiles, junkyards, scrap yards, garbage removal or the slaughter of animals or poultry.

Lot, yard and building requirements.

(1)

Lot frontage: no minimum.

(2)

Lot area: minimum 15,000 square feet.

(3)

Front yard: minimum 50 feet.

(4)

Side yards: minimum 20 feet. See Subsection F, Required buffer strips.

(5)

Rear yard: minimum 20 feet. See Subsection F, Required buffer strips.

(6)

Building height: maximum 60 feet.

(7)

Percentage of lot coverage: maximum 70%.

Required buffer strips. Where an industrial district abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to said lot line. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the residential district shall be planted in the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than four nor more than eight feet in height and shall be of such materials as to effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

§ 595-29 PF Public Facilities District.

Purpose. The PF Public Facilities District is characterized by parks and outdoor recreation for large groups of people, golf courses, schools and utilities.

Permitted uses. The following are permitted uses in the PF District:

(1)

Parks.

(2)

Golf courses.

(3)

Utilities; Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(4)

Schools and municipal buildings.

(5)

Churches.

Conditional uses. The following are conditional uses in the PF District:

(1)

Tourist camps.

(2)

Outdoor advertising signs.

(3)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

Lot, building and yard requirements. See requirements for B-1 District.

§ 595-30 A-1 Agricultural District (Limited Livestock).

Purpose. The A-1 Agricultural District is intended to provide for the continuation of general non-livestock or limited livestock farming and related uses in those areas of the Village of Grantsburg that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.

Permitted uses. The following are permitted uses in the A-1 District:

(1)

General non-livestock farming, including crop-raising agriculture, floriculture, forestry, grazing, nurseries, hay, orchards, truck farming and viticulture (grape growing).

(2)

General livestock farming with 100 or fewer livestock units.

(3)

Harvesting of wild crops and management of wildlife, including nonresidential buildings used solely in conjunction with such activity.

(4)

Customary home occupations.

(5)

Single- and two-family farm residences and a single mobile home, but only when occupied by owners and/or persons engaged in farming activities on the farm on which it is located.

(6)

Woodlots and tree farms.

(7)

Production of forest crops, including tree plantations.

(8)

Adult establishments. See § 595-33.

(9)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

Permitted accessory uses. The following are permitted accessory uses in the A-1 District:

(1)

Attached or detached private garages and carports accessory to permitted or permitted accessory uses.

(2)

General farm buildings, including barns, silos, sheds, and storage bins and including not more than one roadside stand for the sale of farm products produced on the premises and two unlighted signs no larger than eight square feet each advertising such sale. Any such stand shall conform to the setback, sign and other provisions of this chapter.

(3)

One farm dwelling. The only residences allowed as permitted uses on newly established parcels are those to be occupied by a person who or a family at least one member of which earns a substantial part of his or her livelihood from farm operations on the parcel or is related to the operator of the larger farm parcel from which the new parcel is taken. Preexisting residences located in areas subject to zoning under this section which do not conform to this subsection may be continued in residential use. The minimum parcel size to establish a residence or a farm operation is 35 acres. No structure or improvement may be built on the land unless consistent with agricultural uses.

(4)

Private swimming pool and tennis court.

(5)

Home occupations and professional home offices per § 595-58.

(6)

Signs as regulated by the Village.

(7)

Buildings temporarily located for purposes of constructing on the premises for a period not to exceed the time necessary for such constructing.

(8)

Gardening and other horticultural uses where no sale of products is conducted on the premises.

Conditional uses. The following are conditional uses in the A-1 District:

(1)

Airports, airstrips and landing fields provided that the site is not less than 20 acres.

(2)

Housing for farm laborers and seasonal or migratory farm workers.

(3)

Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios; siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

(4)

Utilities.

(5)

Veterinary clinics, provided that no structure or animal enclosure shall be located closer than 150 feet to a property boundary.

(6)

Public and parochial schools, provided that no building shall be located within 50 feet of any lot line.

(7)

Churches, including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site, provided that no more than 10 persons shall reside on the site and no building shall be located within 50 feet of any lot line.

(8)

Golf courses, country clubs, tennis clubs or public swimming pools serving more than one family. The principal structure for any of the above-listed uses shall be 100 feet or more from any abutting lot in a residential district, and accessory structures shall be a minimum of 50 feet from any lot line.

(9)

Essential service structures, including but not limited to buildings such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations and electrical power substations, provided that no building shall be located within 10 feet of any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of the service structure is compatible with the neighborhood in which it is to be located and thus will promote the general welfare.

(10)

Hospitals for human care, sanitariums, rest homes, and nursing homes, provided that all structures, except fences, shall be located 100 feet or more from the lot line of any abutting lot in a residential district.

(11)

Cemeteries.

(12)

Kennels, greenhouses and other agricultural uses that may cause noxious odors or noise or create health or sanitation hazards.

(13)

Campgrounds, tourist camps and travel trailer parks, subject to the provisions of this chapter and the Wisconsin Administrative Code.

(14)

Trap or skeet shooting facilities, target ranges, gun clubs, and shooting preserves.

Lot, yard and building requirements.

(1)

Lot frontage: minimum 200 feet.

(2)

Lot area: minimum two acres.

(3)

Principal building.

(a)

Front yard: minimum 80 feet.

(b)

Side yards: minimum 45 feet.

(c)

Rear yard: minimum 45 feet.

(d)

Building height: maximum 950 feet.

§ 595-31 A-2 Agriculture Enterprise District.

Purpose. The A-2 Agriculture Enterprise District is intended to preserve and promote a full range of agricultural uses, secure land for livestock production and other agricultural uses that may be more intensive than crop production, strengthen agriculture's contribution to the Village of Grantsburg's tax base, support value-added and other activities closely allied to the agriculture industry, and prevent the conversion of land identified as a valuable agricultural resource to uses that are not consistent with agriculture. The A-2 District's uses and regulations are intended to implement Comprehensive Plan goals by encouraging livestock and other intensive agricultural uses in areas where conditions are best suited to these agricultural pursuits and discouraging residential development to avoid potential land use conflicts. Due to the more intensive nature of uses allowed, the A-2 District is not intended to be applied near moderately to densely populated areas, and it is not intended to accommodate residential uses as principal uses. The A-2 District is also intended to be compatible with any "exclusive agricultural" land use designation in the Village Comprehensive Plan or pursuant to Ch. 91, Wis. Stats.

Permitted uses. The following are permitted uses in the A-2 District without any further noticed approval to or from the Village of Grantsburg:

(1)

Agriculture uses, including livestock facilities under 500 units.

(2)

One agricultural-related residence.

(3)

Value-added agriculture.

(4)

Roadside stands.

(5)

Agricultural research facilities.

(6)

Commercial stables.

(7)

Home occupations and professional home offices per § 595-58.

(8)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(9)

Other agricultural-related structures and improvements.

Conditional uses. The following uses may be allowed as conditional uses in the A-2 District if reviewed and approved in accordance with the standards in Article V of this chapter:

(1)

Livestock facilities over 500 animal units.

(2)

Agricultural sales and service.

(3)

Agricultural grain and commodity storage.

(4)

Commercial communications and wind energy towers.

(5)

Mineral extraction and mining complying with all regulatory requirements.

(6)

Agricultural packing and processing.

(7)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-157.

Minimum parcel area.

(1)

No building, structure or use shall be established on any parcel less than 40 acres.

(2)

The minimum lot size may be permitted to be reduced by action of the Village Board to 20 acres for agricultural buildings and structures if required for biosecurity or other legitimate research or operation-related reasons.

Property line setbacks.

(1)

Except as provided for waste storage structures, livestock structures shall be located a minimum of 100 feet from a property line if the livestock facility will have fewer than 1,000 animal units, and 200 feet from a property line if the livestock facility will have 1,000 or more animal units.

(2)

This setback requirement does not prevent the use or expansion of a livestock structure that was located within the setback area prior to the original effective date of this setback requirement, except that a structure may not be expanded closer to a property line.

(3)

Any residence in an A-2 District shall conform to the property line setback requirements of the A-1 District.

Public right-of-way setbacks.

(1)

Except as provided for waste storage structures, livestock structures shall be located a minimum of 100 feet from a public right-of-way if the livestock facility will have fewer than 1,000 animal units, and 150 feet from a public right-of-way if the livestock facility will have 1,000 or more animal units.

(2)

(3)

Any residence in the A-2 District shall conform to the right-of-way setback requirements of the A-1 District.

Waste storage structure.

(1)

A new waste storage structure shall not be located within 350 feet of a property line or within 350 feet of the nearest point of any public road right-of-way.

(2)

A single new waste storage structure may be constructed closer to the property line or public road right-of-way if a new structure is:

(a)

Located on the same tax parcel as a waste storage structure in existence before May 1, 2006.

(b)

No larger than the existing structure.

(c)

No further than 50 feet from the existing structure.

(d)

No closer to the road or property line than the existing structure.

(3)

This setback requirement does not apply to existing waste storage structures, except that an existing structure within 350 feet of a property line or road right-of-way may not expand toward that property line or road right-of-way.

Setbacks for navigable waters and wetlands. A livestock facility shall comply with setback and related requirements in any applicable shoreland or wetland zoning ordinances enacted within the scope of authority granted under § 59.692, 61.351 or 62.231, Wis. Stats. (Note: Essentially all navigable waters are now protected by ordinances that require building setbacks of 75 feet or more.)[1]

[1]

Editor's Note: See Ch. 575, Shoreland-Wetland Zoning.

Setbacks for floodplains. A livestock facility shall comply with setback and related requirements in any applicable floodplain zoning ordinance that is enacted within the scope of statutory authority under § 87.30, Wis. Stats.[2]

[2]

Editor's Note: See Ch. 547, Floodplain Zoning.

Setbacks for wells. All wells located within a livestock facility shall comply with the requirements of Chs. NR 811 and NR 812, Wis. Adm. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in Chs. NR 811 and NR 812, Wis. Adm. Code, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006, may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.

Compliance with state runoff requirements. Livestock operations under this section shall comply with state runoff regulations prescribed in Chs. NR 151 and ATCP 50, Wis. Adm. Code.

§ 595-32 Wellhead protection.

Title. This overlay district shall be known, cited and referred to as the "Wellhead Protection Overlay District" (hereinafter referred to as "WHP District").

Purpose, authority and application.

(1)

Intent. Residents in the Village of Grantsburg depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this WHP District is to institute land use regulations and restrictions to protect the Village's municipal water supply and well fields, and to promote the health, safety and general welfare of the residents of the Village of Grantsburg.

(2)

Statutory authority. The Wisconsin Legislature authorizes villages to enact these regulations pursuant to §§ 62.23(7)(am) and (c) and 61.35, Wis. Stats. Under these statutes, the Village has the authority to enact this section, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources.

(3)

Applicability. The regulations specified in this WHP District shall apply within the Village's corporate limits.

Definitions. The following definitions are applicable in this section:

AQUIFER

A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.

EXISTING FACILITIES

Current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the Village's wellhead protection area that lies within the corporate limits of the Village. Existing facilities include, but are not limited to, the type listed in the Wisconsin Department of Natural Resources' Form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, which is incorporated herein as if fully set forth.

GROUNDWATER PROTECTION OVERLAY DISTRICT

That portion of the recharge area for the Village wells that lies within the Village limits as of the date of passage of this section. As of the date of passage, this area is indicated as the combined Zones 1 and 2 on the map attached hereto as Exhibit A, on file with the Village Clerk, and incorporated herein by reference. This area may be expanded as additional property is annexed into the Village of Grantsburg. The Groundwater Protection Overlay District is consistent with the Wellhead Protection Overlay District as may be described elsewhere in these ordinances or Village Wellhead Protection Plan documents.

REGULATED SUBSTANCES

Chemicals and chemical mixtures that are health hazards. Health hazards for chemicals and chemical mixtures are typically identified on Material Safety Data Sheets (MSDS) available from the substance manufacturer or supplier. Substances packaged for consumption by humans or animals are not considered regulated substances. Regulated substances include, but are not limited to:

(1)

Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, Appendix A, Health Hazard Criteria (Mandatory).

(2)

Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

(3)

Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises 1% or greater of the composition on a weight per unit weight basis.

(4)

Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight per unit weight basis.

(5)

Ingredients of mixtures prepared within the Groundwater Protection Overlay District in cases where such ingredients are health hazards but comprise more than 0.1% of the mixture on a weight per unit weight basis if carcinogenic, or more than 1% of the mixture on a weight per unit weight basis if noncarcinogenic.

(6)

Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).

WELL FIELD

A piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.

WELLHEAD PROTECTION MANAGEMENT AREA

The land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well. This area extends beyond the corporate limits of the Village of Grantsburg. This area is indicated as the combined area of Zones 1, 2 and 3 on the map attached as Exhibit A, on file with the Village Clerk, and incorporated herein by reference.

Separation distances. The following minimum separation distances as specified in § NR 811.12(5)(d), Wis. Adm. Code, shall be maintained within the Groundwater Protection Overlay District:

(1)

A separation distance of 500 feet as documented in the current Wellhead Protection Plan shall be maintained around all wells.

(2)

Fifty feet between a well and stormwater sewer main.

(3)

Two hundred feet between a well and any sanitary sewer main, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Waterworks Association (AWWA) 600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.

(4)

Four hundred feet between a well and a septic tank or soil absorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.

(5)

Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Agriculture, Trade and Consumer Protection or its designated agent under § ATCP 93.110, Wis. Adm. Code.

(6)

One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving 8,000 gallons per day or more.

(7)

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the Wisconsin Department of Agriculture, Trade and Consumer Protection or its designated agent under § ATCP 93.110, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

Overlay district zones. The overlay district is hereby into Zones 1, 2 and 3:

(1)

Zone 1. Identified as the primary source of water for the municipal well aquifer and as the area most likely to transmit groundwater contamination to the municipal wells. Zone 1 is comprised of a circle with a diameter of 2,400 feet with the municipal well at its center. Zone 1 is more restrictive than Zone 2 or 3.

(a)

Permitted uses in Zone 1. The following uses are permitted within the Groundwater Protection Zone 1:

[1]

Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

[2]

Playgrounds.

[3]

Wildlife areas.

[4]

Nonmotorized trails, such as bike, skiing, nature and fitness trails.

[5]

Residential property which is municipally sewered and free of regulated substances and aboveground or underground storage tanks (USTs).

[6]

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

(b)

Prohibited uses in Zone 1. The following uses are prohibited uses within the Groundwater Protection Zone 1. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use and handling of potential pollutants) will cause groundwater contamination. Uses not listed shall not be considered permitted uses.

[1]

Underground storage tanks of any size.

[2]

Septage and/or sludge spreading.

[3]

Waste landspreading.

[4]

Animal confinement facilities.

[5]

Gas stations.

[6]

Vehicle repair establishments, including auto body repair.

[7]

Printing and duplicating businesses.

[8]

Any manufacturing or industrial businesses.

[9]

Bus or truck terminals.

[10]

Repair shops.

[11]

Landfills or waste disposal facilities.

[12]

Wastewater treatment facilities.

[13]

Spray wastewater facilities.

[14]

Junkyards or auto salvage yards.

[15]

Bulk fertilizer and/or pesticide facilities.

[16]

Asphalt products manufacturing.

[17]

Dry-cleaning businesses.

[18]

Salt storage.

[19]

Electroplating facilities.

[20]

Exterminating businesses.

[21]

Paint and coating manufacturing.

[22]

Hazardous and/or toxic materials storage.

[23]

Hazardous and/or toxic waste facilities.

[24]

Radioactive waste facilities.

[25]

Recycling facilities.

[26]

Cemeteries.

(c)

Preexisting prohibited uses in Zone 1. Where any of the uses listed above exist within Groundwater Protection Zone 1 on the original effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Plan Commission and Village Board, and an appropriate permit must be issued by the Village Clerk prior to beginning any work. Expansion of the prohibited use will not be allowed.

(2)

Zone 2. Identified as a secondary source of water for the municipal wells because of its location in the Wellhead Protection Management Area and its location in the area identified as the five-year time of travel area, meaning that area within which contamination would reach the Village well within a period of five years. Zone 2 is less restrictive than Zone 1 but more restrictive than Zone 3.

(a)

Permitted uses in Zone 2. The following uses are permitted uses within the Groundwater Protection Zone 2:

[1]

All uses listed as permitted uses in Zone 1.

[2]

Modified agricultural activities, including any crop free of pesticides and/or synthetic fertilizers.

[3]

Aboveground petroleum product storage tanks less than 660 gallons. All new or replaced tanks shall be installed in compliance with Ch. ATCP 93, Wis. Adm. Code.

[4]

Residential, commercial and industrial property which is municipally sewered.

[5]

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

(b)

Prohibited uses in Zone 2. The following uses are prohibited uses within Groundwater Protection Zone 2. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination. Uses not listed shall not be considered permitted uses unless specifically listed above under Subsection E(2)(a), Permitted uses.

[1]

Underground storage tanks of any size.

[2]

Unsewered commercial and/or industrial development.

[3]

Septage and/or sludge spreading.

[4]

Waste storage structures.

[5]

Animal confinement facilities (except veterinary hospitals and clinics).

[6]

Gas stations and oil change businesses.

[7]

Printing and duplicating businesses which use hazardous chemicals as defined by the Environmental Protection Agency (EPA) in their printing process.

[8]

Bus or truck terminals.

[9]

Landfills.

[10]

Wastewater treatment facilities.

[11]

Spray wastewater facilities.

[12]

Auto salvage yards.

[13]

Bulk fertilizer and/or pesticide facilities.

[14]

Asphalt products manufacturing.

[15]

Dry-cleaning facilities.

[16]

Electroplating facilities.

[17]

Exterminating shops.

[18]

Paint and coating manufacturing.

[19]

Hazardous and/or toxic materials storage.

[20]

Hazardous and/or toxic waste facilities.

[21]

Radioactive waste facilities.

(c)

Preexisting prohibited uses in Zone 2. Where any of the uses listed above exist within Groundwater Protection Zone 2 on the original effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Plan Commission and Village Board and appropriate permit issued by the Village Clerk prior to beginning any work. Expansion of the prohibited use will not be allowed.

(3)

Zone 3. Identified as that portion of the Wellhead Protection Management Area which excludes those areas within Zone 1 and Zone 2:

(4)

Mapping. The location and boundaries of the zoning districts established by this section are set forth on the attached Exhibit A, on file with the Village Clerk, which is incorporated herein and hereby made a part of this section by reference. This map, together with everything shown thereon and all amendments thereto, shall be as much a part of this section as though fully set forth and described herein.

Review of permit application.

(1)

Review of applications. The Village of Grantsburg Plan Commission shall review all requests for approval of permits for land uses in the Groundwater Protection Overlay District and make recommendations thereon to the Village Board. All determinations shall be made by the Village Board within 60 days of any request for approval; provided, however, that this sixty-day period of limitation may be extended by the Village Board for good cause, as determined in its sole absolute discretion.

(2)

Review factors. Upon reviewing all requests for approval, the Plan Commission and Village Board shall consider all of the following factors:

(a)

The Village's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.

(b)

The degree to which the proposed land use practice, activity or facility may seriously threaten or degrade groundwater quality in the Village of Grantsburg or the Village's recharge area.

(c)

The economic hardship which may be faced by the landowner if the application is denied.

(d)

The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.

(e)

The proximity of the applicant's property to other potential sources of contamination.

(f)

The then-existing condition of the Village's groundwater, public water wells and well fields, and the vulnerability to further contamination.

(g)

The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.

(h)

Any other hydrogeological data or information which is available from any public or private agency or organization.

(i)

The potential benefit, both economic and social, from the approval of the applicant's request for a permit.

(3)

Exemptions; conditional use requirement. Any exemptions granted will require a conditional use permit which may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases or harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs. The Village Board may require that a bond be posted for future monitoring and cleanup costs if deemed necessary at the time of granting an exemption.

(4)

Applicant's responsibility for costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application, including all of the following:

(a)

The cost of an environmental impact study if so required by the Village of Grantsburg or its designee.

(b)

The cost of groundwater monitoring or groundwater wells if required by the Village of Grantsburg or its designee.

(c)

The costs of an appraisal of the property or other property evaluation expense if required by the Village of Grantsburg or its designee.

(d)

The costs of Village employees' time associated in any way with the application based on the hourly rate paid to the employee multiplied by a factor, determined by the Village, representing the Village's costs for expenses, benefits, insurance, sick leave, holidays, overtime, vacation and other similar benefits.

(e)

The cost of Village equipment employed.

(f)

The cost of mileage reimbursed to the Village employees.

Requirements for existing facilities and land uses.

(1)

Certifications. Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the Village.

(2)

Monitoring. Existing facilities shall provide additional environmental or safety monitoring as deemed necessary by the Village of Grantsburg, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.

(3)

Equipment replacement. Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

(4)

Emergency contingency plans. Existing facilities shall have the responsibility of devising and/or filing with the Village of Grantsburg a contingency plan satisfactory to the Village Board for the immediate notification of the appropriate Village of Grantsburg officers in the event of an emergency.

(5)

Existing agricultural uses. Property owners with an existing agricultural use shall be exempt from requirements of this section as they relate to restrictions on agricultural uses; provided, however, that such exemption shall only apply to the property owners in existence at the time of original passage of this section and this exemption shall not constitute a covenant running with the land.

Enforcement and penalties.

(1)

Cease and desist; cleanup. In the event an individual and/or facility causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual/facility causing such release shall immediately cease and desist and provide cleanup satisfactory to the Village of Grantsburg.

(2)

Cleanup costs. The individual/facility shall be responsible for all costs of cleanup and any Village of Grantsburg consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:

(a)

The cost of Village employees' time associated in any way with the cleanup based on the hourly rate paid to the employee multiplied by a factor determined by the Village, representing the Village's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits.

(b)

The cost of Village equipment employed.

(c)

The cost of mileage reimbursed to the Village employees attributed to the cleanup.

(d)

Village consultant fees at invoice, plus administrative costs for oversight, reviews and recommendations.

(3)

Additional monitoring. Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in Subsection G herein.

(4)

Violations. It shall be unlawful to construct or use any structure, land or water in violation of this section. Any person who is specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this section.

(5)

Penalties. Any person, firm or corporation who or which fails to comply with the provisions of this section shall, upon conviction thereof, be subject to the enforcement and penalty provisions of § 595-116 of this chapter.

§ 595-33 AEO Adult Entertainment Overlay District.

Authority and findings.

(1)

The Village Board has authority, to be liberally construed in favor of the Village, under its general police powers set forth in Ch. 61, Wis. Stats., to act for the good order of the municipality and for the health, morals, safety and welfare of the public and may carry out its powers by regulation and suppression.

(2)

The Village Board recognizes it lacks authority to regulate obscenity under § 66.0107(3), Wis. Stats., and does not intend by adopting this section to regulate obscenity, since nudity in and of itself is not obscene; it declares its intent to enact an ordinance addressing the secondary effects of live, totally nude, non-obscene, erotic dancing in bars and taverns.

(3)

Adult establishments in other communities tended to further the increase of criminal and other offensive activity, to disrupt the peace and order of the communities, to depreciate the value of real property, to harm the economic welfare of the communities and to negatively affect the quality of life of the communities, and such secondary effects are detrimental to the public health, safety and general welfare of citizens.

(4)

The Village Board recognizes that the United States Supreme Court has held that material with adult content is within the outer perimeters of the First Amendment of the United States Constitution and therefore entitled to some limited protection under the First Amendment, and the governing body further recognizes that freedom of speech is among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights.

(5)

However, the Village Board is aware, based on the experiences of other communities, that adult establishments may and do generate secondary effects which the governing body believes are detrimental to the public health, safety and welfare of the citizens of the Village of Grantsburg. Among these secondary effects are:

(a)

The potential increase in prostitution and other sex-related offenses, as well as other crimes and offenses;

(b)

The potential depreciation of property values in neighborhoods where adult establishments featuring nude dancing exist;

(c)

Health risks associated with the spread of sexually transmitted diseases; and

(d)

The potential for infiltration by organized crime for the purpose of unlawful conduct.

(6)

The Village Board desires to minimize, prevent and control these adverse effects and thereby protect the health, safety and general welfare of the citizens of the Village of Grantsburg; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.

(7)

The Village Board has determined that the enactment of a zoning ordinance provision allowing adult establishments viable areas in which to exist within the Village while keeping those adult establishments separated from each other, residential areas, schools, churches, day-care centers, or bars or taverns promotes the goal of minimizing, preventing and controlling the negative secondary effects associated with such adult establishments.

Purpose. The purpose of the AEO Adult Entertainment Overlay District is to create an overlay zoning district whereby adult establishments are sufficiently separated from each other and conflicting uses so as to ameliorate the negative secondary effects of adult uses while providing adult establishments sufficient area and opportunity to operate within the Village so as not to suppress their existence.

Definitions. For purposes of this district, the following definitions shall be applicable:

ADULT BOOKSTORE

An establishment which, as its substantial course of conduct, presents adult entertainment for observation by patrons therein, or which, as part of the substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing books, films, videocassettes, magazines or other such media which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.

ADULT ENTERTAINMENT

Any exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance, or is distinguished or characterized by, an emphasis on any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas.

ADULT ESTABLISHMENT

Includes adult bookstores, adult motion-picture theaters and adult novelty stores and further means any premises to which public patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas. Also known as "adult-oriented establishment."

ADULT MOTION-PICTURE THEATER

Any establishment for the presentation of motion pictures that has as its dominant theme, or is distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observations by patrons therein.

ADULT NOVELTY STORE

Any establishment which, as its substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing any adult novelty items, sex toys, sexual gratification appliances, or other similar products, excluding contraceptives or similar products of medical value, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.

SPECIFIED ANATOMICAL AREAS

Either:

(1)

Less than completely and opaquely covered human genitals or public region;

(2)

Human male genitals in a discernibly turgid state, even if opaquely covered; or

(3)

Less than completely and opaquely covered nipples or areolas of the human female breast.

SPECIFIED SEXUAL ACTIVITIES

Simulated or actual:

(1)

Showing of human genitals in a state of sexual stimulation or arousal;

(2)

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or

(3)

Fondling or erotic touching of human genitals, public region, buttocks or female breasts.

SUBSTANTIAL

Forty percent or more of business stock-in-trade, display space, floor space or retail sales in any one month. Upon reasonable belief that an entity is in excess of the forty-percent threshold, that entity shall provide all necessary records, receipts and documentation to the Village upon request. Failure to do so shall result in a presumption that the entity is operating in excess of the threshold.

Location.

(1)

No adult establishment shall be located:

(a)

Within any zoning district other than the A-1 Agricultural District.

(b)

Within 250 feet of an existing adult establishment.

(c)

Within 250 feet of any dwelling as defined by this Zoning Code.

(d)

Within 250 feet of any preexisting school, church or day care, as defined in this Zoning Code.

(e)

Within 250 feet of any preexisting establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.

(2)

For purposes of this district, distances are to be measured in a straight line, without regard to intervening structures or objects, from the property line of the adult establishment to the nearest property line of another adult establishment, dwelling, school, church, day care or establishment selling or dispensing fermented malt beverages or intoxicating liquor.

Hours of operation.

(1)

No adult establishment shall be open between the hours of 2:00 a.m. and 8:00 a.m., Monday through Friday, between the hours of 2:30 a.m. and 8:00 a.m. on Saturdays, or between the hours of 2:30 a.m. and 12:00 noon on Sundays.

(2)

All adult establishments shall be open to inspection at all reasonable times by the Zoning Administrator and/or other Village representatives.

§ 595-34 E-1 Mineral Extraction or Landfill Overlay District.

Purpose. The intent of this district is to provide a means of properly siting, regulating and reclaiming mineral extraction and landfill sites.

Permitted uses.

(1)

Mineral extraction operations and landfill sites that are presently in existence, provided that applicable provisions of this section are complied with.

(2)

Class 2 collocation of a new mobile service facility on an existing support structure without substantial modification, per § 595-98.

Conditional uses. Conditional uses in the district shall include all conditional uses listed in the underlying district. Conditional use procedures, as prescribed in Article V, shall be adhered to as well as the requirements of this section, with the more restrictive provision being applicable. In addition, the following are permitted conditional uses:

(1)

Extension of legally existing mineral extraction operations or the creation of a new such extraction operation.

(2)

New mineral extraction operations and the following: landfills; solid waste management facilities; recycling centers; bioremediation sites; and soil extraction or scraping for purposes of obtaining fill material for such large-scale operations as landfill sealing, roadbed construction, etc.; or similar uses. These uses shall be a conditional use in all zoning districts except in the R-1, R-2, R-3, R-4 and R-5 Districts.

(3)

Siting and construction of any new mobile service support structure and/or facility or a Class 1 collocation of a new mobile service facility on an existing support structure, per § 595-98.

Basic district standards.

(1)

Basic standards. The basic standards in this district shall be controlled by those of the underlying district unless more restrictive standards are established in the conditional use approval. Also, excavations or fill areas within 200 feet of any right-of-way or property line shall not be permitted unless the Village Board determines that the operational plans adequately provide for:

(a)

Safety of abutting land uses and for safe ingress to, egress from and traffic flow past the site.

(b)

Aesthetic screening from abutting properties.

(c)

Dust control from the operation and/or any stockpiling.

(d)

Staging of the operation to produce a minimal time frame between commencing of operations and restoration within this two-hundred-foot area.

(2)

Permit validity; operational requirements. The conditional use permit shall be in effect for a period not to exceed one year and may be renewed upon application for a period not to exceed one year; a shorter period may be established by Village Board action. There shall be an annual fee as prescribed by the Village of Grantsburg's Schedule of Fees for such permit. Modifications or additional conditions may be imposed upon application for renewal. Operational requirements shall include the following where applicable, and all require Village Board approval:

(a)

Fencing or other suitable barriers shall be erected as necessary to protect the public.

(b)

Machinery, roads and equipment used in the extractive operation shall be constructed, maintained and operated in such a manner as to minimize dust.

(c)

Crushing, washing, refining or other processing, other than the initial removal of material, may be permitted as an accessory use only as specifically authorized under the terms of the grant of permit.

(d)

Planting of trees and shrubs and other appropriate landscaping shall be provided where deemed necessary by the Village and other applicable agencies.

(e)

Hours of operation may be established and enforced by the Village Board.

(f)

Other requirements deemed necessary by the Village Board.

(3)

Plan of reclamation. A reclamation plan meeting the standards of Ch. NR 135, Wis. Adm. Code, shall be submitted and approved by all applicable agencies and the Village Board.

Existing operations shall be subject to the following further requirements:

(1)

Permit. Within 60 days after the original adoption of this section all existing extractive operations shall be required to register with the Zoning Administrator, submitting pertinent data relative to the present operation, including the boundaries of the actual operation and of the ownership. A permit shall be granted to such existing operation, subject to compliance with the operational requirements listed above where they can be reasonably applied under existing circumstances.

(2)

Plan for restoration. There shall be required within one year after original adoption of this section the submission of a plan for restoration of the site of existing extractive operation as provided above. The plan for restoration in such case shall not, however, impose requirements which are economically or engineeringly unreasonable with respect to conditions resulting from operations prior to enactment of this section.

Renewal permit. Within one year after the original enactment date of this section, any such existing operation shall be required to make application for a renewal permit the same as for reapplication in the case of a new operation under this section.

Plan of operation. All mineral extraction operations including those operations and activities which lawfully existed prior to the original adoption of this section shall prepare a plan of operation for the site which shall include the following information:

(1)

Statement of ownership of the parcel and control of the operations.

(2)

A site plan, drawn to scale, showing the lateral extent of existing and proposed excavations; the location and width of all easements and rights-of-way on or abutting the site; existing water bodies, watercourses and drainageways and proposed modifications; estimated direction of flow of groundwater; the location of existing and proposed buildings, structures, machinery and equipment; and the location of all existing and proposed storage and stockpiling areas.

(3)

Cross sections of the site, drawn to scale, showing the vertical extent of existing and proposed excavations.

(4)

A reclamation plan and such other information as may be necessary to determine the nature of the operation and the effect on the surrounding area;

(5)

Methods of screening from adjacent properties and proximity to adjacent properties.

(6)

Hours of operation and, if applicable, a phasing plan for future operations.

(7)

Dust and noise control.

(8)

Maximum depth.

(9)

Blasting procedures.

(10)

Location and height of stockpiles.

(11)

Such other information the Village Board deems pertinent to the operation.

Gravel crushing; permit requirement. In addition to all other conditional use permit and other requirements prescribed in this section, an annual permit is required for the placement or operation at any mineral extraction site of any portable or fixed gravel-crushing equipment. Such gravel-crushing operation permit shall be valid for one year; the Village Board may attach reasonable conditions to such permit. The annual fee for the permit shall be as prescribed in the Village of Grantsburg's Schedule of Fees.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ENVIRONMENTAL POLLUTION

Has the meaning specified under § 295.11(2), Wis. Stats.

NONMETALLIC MINING OR MINERAL EXTRACTION REFUSE

Waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining or mineral extraction operation. This term does not include merchantable by-products resulting directly from or displaced by the nonmetallic mining or mineral extraction operation.

NONMETALLIC MINING OR MINERAL EXTRACTION OPERATION

Operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel, fill material and nonmetallic minerals such as asbestos, beryl, clay feldspar, peat and talc; related operations or activities such as excavation, grading or dredging if the purpose of these operations or activities is the extraction of mineral aggregates and nonmetallic minerals; and related processes such as crushing, screening, scalping, dewatering and blending.

NONMETALLIC MINING OR MINERAL EXTRACTION SITE

The location where a nonmetallic mining or mineral extraction operation is proposed or conducted, including all surface areas from which materials are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited and areas disturbed by the mineral extraction operation by activities such as the construction or improvement of roads or haulageways.

OPERATOR

Any person who is engaged in a mineral extraction operation or mineral extraction site reclamation or who applies for or holds a nonmetallic mining permit issued under this section, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.

RECLAMATION

The rehabilitation of a mineral extraction site, including but not limited to removal of nonmetallic mining refuse, grading of the site, replacement of topsoil, water and groundwater, prevention of environmental pollution, construction of fences and, if practical, restoration of plant, fish and wildlife habitat.

REPLACEMENT OF TOPSOIL

The replacement of the topsoil which was removed or disturbed by a mineral extraction operation or the provision of soil which is at least as adequate as the topsoil which was removed or disturbed for the purposes of providing adequate vegetative cover and stabilization of soil conditions.

Exempt activities. The reclamation of sites within this district shall not apply to the following activities:

(1)

Excavations or grading by a person solely for domestic use at his or her residence.

(2)

Excavations or grading conducted for highway construction purposes within the highway right-of-way.

(3)

Grading conducted for farming, preparing a construction site or restoring land following a flood or natural disaster.

(4)

Excavations for building construction purposes.

(5)

Any mining operation, the reclamation of which is required in a permit obtained under Ch. 293, Wis. Stats.

(6)

Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under Ch. 289, Wis. Stats., or a hazardous waste disposal facility under Ch. 291, Wis. Stats., but this section may apply to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic site separate from the solid or hazardous waste disposal facility, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.

Financial assurance.

(1)

Before rezoning and a reclamation plan are approved by the Village Board, the operator shall submit an agreement and performance bond or cash escrow agreement to assure the following:

(a)

The operator shall pay for the cost of all improvements required in the reclamation plan by the Village Board.

(b)

Guaranteed completion of the required reclamation within a period determined by the Village Board.

(c)

Payment by the operator for all costs incurred by the Village for review and inspection. This would include preparation and review of plans and specifications by the Village Engineer and Attorney, as well as other costs of a similar nature.

(2)

The Village may elect to have stages of the reclamation plan performed under the terms of a cash escrow agreement.

(3)

The required performance bond or cash escrow agreement shall be equal to 1 1/4 times the Village Engineer's estimated cost of the required improvements.

(4)

If the required reclamation is not complete within the designated period, all amounts held under the escrow agreement or performance bond shall be turned over and delivered to the Village and applied to the cost of the required reclamation. Any balance remaining after such reclamation has been done shall be returned to the operator. The Village Board, at its option, may extend the bond period for additional periods.

Fences. Prior to reclamation, mining sites abutting areas zoned residential shall be enclosed by a security fence of not less than four feet in height. Fence gates shall be locked or secured when the site is unattended so as to prevent uncontrolled access by children to the site.

Inspections. An authorized agent of the Village may be enter the premises of a nonmetallic mining operation in the performance of his or her official duties by permission of the property owner or operator or pursuant to a special inspection warrant issued under § 66.0119, Wis. Stats., in order to inspect those premises and to ascertain compliance with this section.

Prohibitions. Mineral extraction mining operations within the Village are prohibited if the nonmetallic mining site cannot be reclaimed in compliance with the standards of this section or if other requirements of this section are not met.

Grantsburg City Zoning Code

ARTICLE III

§ 595-17 Establishment of districts.

§ 595-18 Zoning Map; district boundaries.

§ 595-19 R-1 Single-Family Residential District (Low Density).

§ 595-20 R-2 Single-Family Residential District (Medium Density).

§ 595-21 R-3 Two-Family Residential District.

§ 595-22 R-4 Multiple-Family Residential District.

§ 595-23 R-5 Residential Estate District.

§ 595-24 C-1 Conservancy District.

§ 595-25 B-1 General Commercial District.

§ 595-26 B-2 Highway Commercial District.

§ 595-27 B-3 Business Park District.

§ 595-28 I-1 Industrial District.

§ 595-29 PF Public Facilities District.

§ 595-30 A-1 Agricultural District (Limited Livestock).

§ 595-31 A-2 Agriculture Enterprise District.

§ 595-32 Wellhead protection.

§ 595-33 AEO Adult Entertainment Overlay District.

§ 595-34 E-1 Mineral Extraction or Landfill Overlay District.