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Hayward Town City Zoning Code

Sec. 17.0

Zone districts.

General: The permitted Uses and Conditional Uses stated for each zone district are intended to be representative in nature - not all inclusive. Uses similar to those listed as permitted Uses may be permitted by the Zoning Administrator, uses similar to those listed as Conditional Uses may be permitted by the Zoning Committee.

17.1

R-1: Residential One District. This district provides for one-Family and two-Family Year Round residential Development protected from traffic hazards and the intrusion of incompatible land uses. It is intended to encourage such Development around existing residential areas where soil conditions are suitable for such Development and in those areas which can be economically and readily served by utilities and municipal facilities.

A)

Permitted Uses.

1)

One-Family and two-Family Year Round Dwellings.

2)

Private garages, carports, and Boathouses.

3)

Essential Services and utilities intended to serve the principal permitted Use.

4)

Signs subject to the provisions of Section 5.0.

5)

Horticulture and gardening.

6)

Customary Accessory Uses provided such Uses are clearly incidental to the Principal Use and that no such Use generates traffic or noise that would create a public or private nuisance.

7)

Licensed in-home day care/child care (no more than eight children).

B)

Uses authorized by Conditional Use.

1)

Multi-Family (three or more) Dwelling Units.

2)

Rooming or boarding houses.

3)

Mobile Home Parks subject to the provisions of Section 6.5.

4)

Public and semi-public uses, including, but not limited to, the following: public and private schools, churches, public parks and recreation areas, Hospitals, rest homes and homes for the aged, fire and police stations, and historic sites.

5)

Telephone, telegraph, and power transmission towers, poles and lines, including transformers, substations, relay and repeater stations, equipment housing, and other necessary appurtenant equipment and Structures.

6)

Home Occupation or professional offices provided no such Use occupies more than 25% of the total floor area of the Dwelling, not more than one nonresident person is employed on the premises, and such Use will not include an operational activity that would create a nuisance or be otherwise incompatible with the surrounding residential area.

7)

No Use shall involve sewage disposal plants, Garbage incinerators and maintenance, repair or storage Buildings.

8)

Accessory Structures on vacant property according to Section 4.26(1) or an Accessory Structure on property lying across the town or County road from the Principal Structure. See Section 4.26(2).

17.2

RR-1: Residential/Recreational One District. This district is intended to provide for residential Development and essential recreation oriented services in areas of high recreational value where soil conditions and other physical features will support such Development without depleting or destroying natural resources.

A)

Permitted Uses.

1)

One-Family and two-Family Dwellings.

2)

Private garages, carports, and Boathouses.

3)

Horticulture and gardening.

4)

Essential Services and utilities intended to serve the principal permitted Use.

5)

Signs subject to the provisions of Section 5.0.

6)

Customary Accessory Uses provided such uses are clearly incidental to the principal permitted Use.

7)

Licensed in-home day care/child care (no more than eight children).

B)

Uses authorized by Conditional Use.

1)

Mobile Home Parks subject to the provisions of Section 6.5.

2)

Telephone, telegraph and power transmission towers, poles, and lines, including transformers, substations, relay and repeater stations, equipment housing and other necessary appurtenant equipment and Structures.

3)

Recreational service oriented uses such as restaurants, cocktail lounges, marinas, County Zoning Committee are of the same general character or clearly incidental to a permitted Use or Use authorized by conditional permit.

4)

Hair salon and barber shop.

5)

Sport shops, bait sales, and other recreational services which in the opinion of the private or wholesale carpentry or woodworking shop; limited to property owner.

6)

Greenhouse and florist.

7)

Professional offices and studios.

8)

Bed and breakfast establishments.

9)

Taxidermy.

10)

Real estate office.

11)

Childcare center, play school.

12)

Shrub, Tree nursery.

13)

Lake access subject to provisions of Section 4.412.

14)

Lake access for island Development subject to provisions of Section 4.413.

15)

Multi-Dwelling Development (i.e., new Condominium, hotel, motel or Resort, or other Development which is the same general scale and character). (Does not include the conversion of existing properties to a Condominium ownership, existing Resorts, motels, hotels or any other existing Multi-Dwelling Development unless more rental/Dwelling Units are being proposed by plat or other means that would be in addition to the existing rental/Dwelling Units.)

16)

Public and private parks, playgrounds and water sports areas.

17)

Churches.

18)

Accessory Structures on vacant property according to Section 4.26(1) or an Accessory Structure on property lying across the town or County road from the Principal Structure. See Section 4.26(2).

19)

Funeral homes.

20)

Horses.

17.3

RR-2: Residential/Recreational Two District. This district is intended to provide for residential Development and essential recreation oriented services in areas of high recreational value where soil conditions and other physical features will support such Development without depleting or destroying natural resources.

A)

Permitted Uses.

1)

One-Family and two-Family Dwellings.

2)

Private garages, carports, and Boathouses.

3)

Horticulture and gardening.

4)

Essential Services and utilities intended to serve the principal permitted Use.

5)

Signs subject to the provisions of Section 5.0.

6)

Customary Accessory Uses provided such uses are clearly incidental to the principal permitted Use.

7)

Will allow a cabin Resort to build additional cabin(s) provided Lot Area requirements are met.

8)

Licensed In-home day care/child care (no more than eight children).

B)

Uses authorized by Conditional Use.

1)

Mobile Home Parks and Campgrounds subject to the provisions of Section 6.5 and Section 6.6.

2)

Telephone, telegraph and power transmission towers, poles and lines, including transformers, substations, relay and repeater stations, equipment housing and other necessary appurtenant equipment and Structures.

3)

Recreational service oriented uses such as restaurants, cocktail lounges, marinas, sport shops, bait sales, and other recreational services which in the opinion of the County Zoning Committee are of the same general character or clearly incidental to a permitted Use or Use authorized by conditional permit.

4)

Kennel for small Domestic Animals subject to the provisions of Section 6.8.

5)

Hair salon and barber shop.

6)

Private or wholesale carpentry or woodworking shop; limited to property owner.

7)

Greenhouse and florist.

8)

Professional offices and studios.

9)

Bed and breakfast establishments.

10)

Taxidermy.

11)

Real estate offices.

12)

Childcare center, play school.

13)

Shrub, Tree nursery.

14)

Lake access subject to provisions of Section 4.412.

15)

Lake access for island Development subject to provisions of Section 4.413.

16)

Multi-Dwelling Development or other similar Development including a Condominium, hotel, motel or Resort, or other Development which, in the opinion of the County Zoning Committee, are of the same general scale and character. Does not include conversions of existing properties to a different form of ownership (i.e., to Condominium ownership) unless Dwelling Units are being proposed by plat or other means that would be in addition to the existing rental/Dwelling Units. Does not include existing Multi-Dwelling Developments unless creating additional Dwelling Units.

17)

Public and private parks, playgrounds and water sports areas.

18)

Churches.

19)

Accessory Structures on vacant property according to Section 4.26(1) or an Accessory Structure on property lying across the town or County road from the Principal Structure. See Section 4.26(2).

20)

Funeral homes.

21)

Horses.

17.4

A-1: Agricultural One District. This district is intended to provide for the continuation of General Farming and related activities in those areas best suited for such Development, and to provide for orderly Development of residential, commercial and industrial Development.

A)

Permitted Uses.

1)

Year Round Dwellings occupied by owners and/or persons engaged in farming activities on the premises. Town board and Zoning Administrator approval is required for owners and/or persons not engaged in farming activities on the premises.

2)

Buildings, Structures or improvements that are an integral part of or incidental to an agricultural use as defined in Wisconsin State Statutes 91.01(2):

a)

Crop or forage production.

b)

Keeping Livestock.

c)

Beekeeping.

d)

Nursery or Christmas Tree production.

e)

Floriculture.

f)

Aquaculture.

g)

Fur farming.

h)

Forest management.

3)

Agricultural processing industries and warehouses, except slaughterhouses, rendering, fertilizer plants and commercial smokehouses.

4)

An activity or business operation that is an integral part or incidental to an agricultural use.

5)

Vacation farms and other farm oriented recreational uses such as riding stables, winter sports activities, and game farms.

6)

Roadside stands for the sale of products grown on the premises if sufficient off-Street parking space for customers is provided.

7)

Essential Services and utilities intended to serve a permitted Principal Use on the premises.

8)

Signs subject to the provisions of Section 5.0.

9)

Soil and water conservation programs.

10)

Drainage where such activity will not be in conflict with the stated purposes of this zone district.

11)

Licensed in-home day care/child care (no more than eight children and no more than four employees and does not impair or limit the current or future agricultural use of the farm or of the other farmland).

12)

Customary Accessory Uses provided such uses are clearly incidental to a principal permitted Use.

13)

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

B)

Uses authorized by Conditional Use.

1)

The location, operation, and maintenance of municipal sanitary landfills, solid waste disposal sites, sewage disposal plants; and privately owned domestic sewage treatment works; and necessary appurtenant equipment/Structures subject to the provisions of the Wisconsin Administrative Code.

2)

Slaughterhouses, rendering, fertilizer plants, and commercial smokehouses.

3)

Public and semi-public uses, including, but not limited to, the following: public and private schools, churches, public parks and recreation areas, rest homes, senior citizen complexes, group homes, Hospitals, homes for the aged, fire and police stations, and historic sites.

4)

Transportation, communications, pipeline, electronic transmission, utility or drainage use provided that the following apply:

a.

The uses are consistent with and compatible with agricultural uses, Accessory Uses or agricultural related use.

b.

The Use and location are reasonable and appropriate, considering alternative locations or are specifically approved under State or federal law.

c.

The Use is reasonably designed to minimize conversion land at and around the site from agricultural use or open space.

d.

The Use does not substantially impair or limit the current or future agricultural uses or surrounding parcels of land that are Zone Districts A-1 or A-2.

e.

The construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.

5)

Kennel for small Domestic Animals subject to the provisions of Section 6.8.

6)

Non-metallic Mineral and Mineral fuel exploration; non-metallic Mineral and Mineral fuel prospecting; non-metallic Mineral and Mineral fuel operation; and non-metallic Mineral and Mineral fuel reclamation, subject to Section 6.2.

7)

Agricultural equipment/implement sales and service and facilities providing agricultural supplies, storage, and processing of agricultural wastes.

8)

Private or wholesale carpentry or woodworking shop; limited to property owner.

9)

Portable sawmill.

10)

Professional offices and studios.

11)

Taxidermy.

12)

Real estate office.

13)

Mini storage unit warehouse.

14)

Bed and breakfast establishments.

15)

Event barns.

16)

New and used car sales establishments.

17)

Wholesaling establishments.

18)

Transportation terminals.

19)

Amusement parks.

20)

Golf courses.

21)

Cemeteries, mausoleums and columbariums.

22)

Commercial bulk fuel storage facilities.

23)

Sod and topsoil removal for resale, subject to NR 415.04 [Wis. Admin. Code]. (May also require County grading permit or WI DNR storm water management plan.)

24)

Accessory Structure on vacant property lying across the town or County road from the Principal Structure. See Section 4.26(2).

25)

Like or similar uses in the opinion of the Sawyer County Zoning Committee, subject to the procedures for obtaining a Conditional Use permit.

C)

Conflict with State statute. If any permitted Uses or Uses authorized by Conditional Use permit conflict with Wisconsin State Statute Chapter 91, State Statute will prevail.

17.5

A-2: Agricultural Two District. This district is intended to provide for light and hobby farming and related activities; and to provide for orderly Development of residential, agricultural, and commercial activities in those areas best suited for Development.

A)

Permitted Uses.

1)

Year Round Dwellings occupied by owners and/or persons engaged in farming activities on the premises. Town board and Zoning Administrator approval is required for owners and/or persons not engaged in farming activities on the premises.

2)

Buildings, Structures or improvements that are an integral part of or incidental to an agricultural use as defined in Wisconsin State Statutes 91.01(2):

a)

Crop or forage production.

b)

Keeping Livestock (not to exceed 15 animal units {1000 pound - 1 au} per 40 acres prorated).

c)

Beekeeping.

d)

Nursery or Christmas Tree production.

e)

Floriculture.

f)

Aquaculture.

g)

Fur farming.

h)

Forest management.

3)

An activity or business operation that is an integral part or incidental to an agricultural use.

4)

Vacation farms and other farm oriented recreational uses such as riding stables, winter sports activities, and game farms.

5)

Roadside stands for the sale of products grown on the premises if sufficient off-Street parking space for customers is provided.

6)

Essential Services and utilities intended to serve a permitted Principal Use on the premises.

7)

Signs subject to the provisions of Section 5.0.

8)

Soil and water conservation programs.

9)

Drainage where such activity will not be in conflict with the stated purposes of this zone district.

10)

Licensed in-home day care/child care (no more than eight children and no more than four employees and does not impair or limit the current or future agricultural use of the farm or of the other farmland).

11)

Customary Accessory Uses provided such uses are clearly incidental to a principal permitted Use.

12)

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

B)

Uses authorized by Conditional Use.

1)

The location, operation and maintenance of municipal sanitary landfills, solid waste disposal sites, sewage disposal plants; and privately owned domestic sewage treatment works; and necessary appurtenant equipment/Structures subject to the provisions of the Wisconsin Administrative Code.

2)

Agricultural processing industries, warehouses and commercial smokehouses, except slaughterhouses, rendering, and fertilizer plants.

3)

Public and semi-public uses, including, but not limited to, the following: public and private schools, churches, public parks and recreation areas, rest homes, senior citizen complexes, group homes, Hospitals, homes for the aged, fire and police stations, and historic sites.

4)

Transportation, communications, pipeline, electronic transmission, utility or drainage use provided that the following apply:

a.

The uses are consistent with and compatible with agricultural uses, Accessory Uses or agricultural related use.

b.

The Use and location are reasonable and appropriate, considering alternative locations or are specifically approved under State or federal law.

c.

The Use is reasonably designed to minimize conversion land at and around the site from agricultural use or open space.

d.

The Use does not substantially impair or limit the current or future agricultural uses or surrounding parcels of land that are Zone Districts A-1 or A-2.

e.

The construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.

5)

Kennel for small Domestic Animals, veterinarian clinic, grooming, and boarding subject to Section 6.8.

6)

Non-metallic Mineral and Mineral fuel exploration; non-metallic Mineral and Mineral fuel prospecting; non-metallic Mineral and Mineral fuel operation; and non-metallic Mineral and Mineral fuel reclamation, subject to Section 6.2.

7)

Agricultural equipment/implement sales and service and facilities providing agricultural supplies, storage, and processing of agricultural wastes.

8)

Private or wholesale carpentry or woodworking shop; limited to property owner.

9)

Portable sawmill.

10)

Professional offices and studios.

11)

Taxidermy.

12)

Real estate office.

13)

Mini storage warehouses.

14)

Bed and breakfast establishments.

15)

Event barns.

16)

New and used car sales establishments.

17)

Wholesaling establishments.

18)

Beauty salons.

19)

Craft and collectibles establishments.

20)

Golf courses and miniature golf.

21)

Cemeteries, mausoleums and columbariums.

22)

Commercial bulk fuel storage facilities.

23)

Sod and topsoil removal for resale, subject to NR 415.04 [Wis. Admin. Code]. (May also require County grading permit or WI DNR storm water management plan.)

24)

Medical and dental offices.

25)

Accessory Structure on property lying across the town or County road from the Principal Structure. See Section 4.26(2).

26)

Like or similar uses in the opinion of the Sawyer County Zoning Committee, subject to the procedures for obtaining a Conditional Use permit.

C)

Conflict with State statute. If any permitted Uses or Uses authorized by Conditional Use permit conflict with Wisconsin State Statute Chapter 91, State Statute will prevail.

17.6

C-1: Commercial One District. This district is intended to provide for the orderly and attractive grouping, at appropriate locations, of retail stores, shops, offices, and similar commercial establishments.

A)

Permitted Uses. Facilities such as, but not limited to, the following:

1)

Retail stores and shops offering convenience goods and services.

2)

Business and professional offices and studios.

3)

Banks, and savings and loan offices.

4)

Public and semi-public Buildings and institutions.

5)

Commercial entertainment facilities.

6)

Laundromats.

7)

Restaurants.

8)

Taverns.

9)

Medical and dental offices.

10)

Auto service stations and maintenance facilities.

11)

Public and private marinas.

12)

Recreation service oriented facilities as stated in the RR-1 district.

13)

Motels.

14)

Rooming and boarding houses.

15)

Mini-warehouse storage.

16)

Living quarters on same premises of the business, provided that occupancy is restricted to the property owner, or business operator, and his immediate Family.

B)

Uses authorized by Conditional Use.

1)

Public and semi-public Conditional Uses as stated in the R-1 district.

2)

New and used car sales establishments.

3)

Transportation terminals.

4)

Wholesaling establishments.

5)

Farm implement sales firms.

6)

Outdoor theaters.

7)

Miniature golf, go-karts, and amusement parks.

8)

Drive-in establishments offering in-car service to customers.

9)

Automotive race track including stock cars, snowmobiles, and motorcycles.

10)

Non-metallic Mineral and Mineral fuel exploration; non-metallic Mineral and Mineral fuel prospecting; non-metallic Mineral and Mineral fuel operation; and non-metallic Mineral and Mineral fuel reclamation, subject to Section 6.2.

11)

Commercial bulk fuel storage facilities.

12)

Funeral homes.

17.7

I-1: Industrial One District. This district is intended to provide for manufacturing and industrial operations which, on the basis of actual physical and operational characteristics, would not be detrimental to surrounding areas by reason of smoke, noise, dust, odor, traffic, physical appearance, or industries requiring outdoor storage for raw materials and/or finished products may be required to provide a screen or fence in accordance with the provisions of Section 7.0.

A)

Permitted Uses.

1)

Metal and wood assembly, fabrication, and manufacturing.

2)

Electronics assembly, fabrication and manufacturing.

3)

Clothing manufacturing.

4)

Warehousing, storage and distribution facilities connected with permitted Uses.

5)

Welding shops.

6)

Auto body shops, including auto repair.

7)

Municipal use.

8)

Emergency service facility.

9)

Public utility and/or Structures.

10)

Crematoriums.

11)

Accessory Uses clearly incidental to a permitted Use.

B)

Uses authorized by Conditional Use.

1)

Salvage Yards, subject to the provisions of Section 6.3.

2)

Non-metallic Mineral and Mineral fuel exploration; non-metallic Mineral and Mineral fuel prospecting; non-metallic Mineral and Mineral fuel operation; and non-metallic Mineral and Mineral fuel reclamation, subject to Section 6.2.

3)

The location, operation, and maintenance of municipal sanitary landfills, solid waste disposal sites, sewage disposal plants; and privately owned domestic sewage treatment works; and necessary appurtenant equipment/Structures subject to the provisions of the Wisconsin Administrative Code.

4)

Commercial bulk storage of gasoline, propane, chemicals, and other materials of an explosive nature.

5)

Storage and/or disposal of toxic and hazardous materials.

6)

Chemical manufacturing.

7)

Foundries.

8)

Food processing.

9)

Fertilizer processing.

10)

Tool and die manufacturing.

11)

Redi-mix concrete and gravel production.

Any other industrial use not listed in the above sections or any industrial use which is determined to be objectionable by the Zoning Committee on the basis of its potential of detrimental or harmful effects to the surrounding area or public, may be permitted only upon the issuance of a Conditional Use whereby the Zoning Committee may set performance standards, pollution standards, aesthetic controls, and dimensional and site requirements in order to ensure the public health, safety and general welfare of the county.

C)

Metallic Mineral exploration, prospecting and bulk sampling shall be permitted in the I-1 Industrial One District as set forth in Section 6.25. Metallic Mining shall be permitted in the I-1 Industrial One District upon issuance of a Conditional Use permit/Mining permit or a Local Agreement/Mining Permit, pursuant the terms set forth in Section 6.25.

17.8

F-1: Forestry One District. This district provides for the continuation of forest programs and related uses in those areas best suited for such activities. It is intended to encourage forest management programs and also to recognize the value of the forest as a recreational resource by permitting as a Conditional Use certain recreational activities which when adequately developed are not incompatible to the forest.

A)

Permitted Uses.

1)

Production of forest crops, including Tree plantations.

2)

Harvesting of wild crops such as marsh hay, ferns, moss, berries, Tree fruits, and Tree seeds.

3)

Multiple use trails, and wildlife refuges.

4)

Signs subject to the provisions of Section 5.0.

5)

Drainage where such activity will not be in conflict with the stated purposes of this district.

[6)

Reserved.]

7)

Year Round or Seasonal Dwellings permitted by a special use application subject to Section 6.9 or a Conditional Use per Section 18.5 and/or 18.6.

8)

Licensed in-home day care/child care (no more than eight children).

B)

Uses authorized by Conditional Use.

1)

Public and private parks, playgrounds, and water sports areas.

2)

Dams, plants for the production of electric power and Flowage areas.

3)

Trailer camps and Campgrounds subject to the provisions of Section 6.6.

4)

Forest connected industries such as sawmills, debarking operations, chipping facilities, and similar operations.

5)

Recreation and youth camps.

6)

Riding stables.

7)

Shooting ranges.

8)

Non-metallic Mineral and Mineral fuel exploration; non-metallic Mineral and Mineral fuel prospecting; non-metallic Mineral and Mineral fuel operation; and non-metallic Mineral and Mineral fuel reclamation, subject to Section 6.2.

9)

Year Round residence for caretakers of recreation areas.

10)

Telephone, telegraph, power transmission towers, poles and lines, including transformers, substations, relay and repeater stations, equipment housing, and other necessary appurtenant equipment and Structures, radio and television stations, transmission towers, fire towers, microwave radio relay towers, and pipelines.

11)

The location, operation, and maintenance of municipal sanitary landfills, solid waste disposal sites, sewage disposal plants; and privately owned domestic sewage treatment works; and necessary appurtenant equipment/Structures subject to the provisions of the Wisconsin Administrative Code.

12)

Sod and topsoil removal for resale, Subject to NR 415.04 [Wis. Admin. Code].

13)

Commercial bulk fuel storage facilities.

14)

Accessory Structures on vacant property according to Section 4.26(1) or an Accessory Structure on property lying across the town or County road from the Principal Structure. See Section 4.26(2).

17.9

W-1: Wetland/Shoreland One District.

Designation. This district shall include all Wetlands within the jurisdiction of this ordinance which are Wetlands of five acres or more, excluding point systems, and which are shown on the Wisconsin Wetland Inventory Maps that are adopted and made part of this ordinance. The regulatory provisions of this district do not require town approval and are not subject to town disapproval within the Shoreland area described in Section 4.43. A portion of a Wetland which is less than five acres in size, and which is located in the unincorporated area within the County, shall be included in the Wetland/Shoreland District where the Wetland as a whole is five acres or larger, but extends across municipal or County boundaries so that a Wetland is not regulated in its entirety by the County.

Purpose. This district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, to preserve shore cover and natural beauty and to control Building and Development in Wetlands whenever possible. When Development is permitted in a Wetland, the Development should occur in a manner that minimizes adverse impact upon the Wetlands.

A)

Permitted Uses. The following uses shall be allowed, subject to general Shoreland zoning regulations contained in this ordinance, the provisions of Chapters 30 and 31, Wisconsin Statutes, and the provisions of other applicable local, State, and federal laws:

1)

Activities and uses which do not require the issuance of a permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling, or excavating except as allowed under Section 17.9(a)(2) or 17.9(A)(3).

(a)

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

(b)

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, Tree fruits, and Tree seeds, in a manner that is not injurious to the natural reproduction of such crops.

(c)

The pasturing of Livestock.

(d)

The cultivation of agricultural crops.

(e)

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

(f)

The construction or maintenance of duck blinds.

2)

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

(a)

Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural if not corrected;

(b)

The cultivation of cranberries including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries;

(c)

The maintenance and repair of existing agricultural Drainage Systems where permissible by Section 30.20, Wisconsin Statutes, including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the Drainage System provided that the filling is permissible by Chapter 30, Wisconsin Statutes, and that dredged spoil is placed on existing spoil banks where possible;

(d)

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

(e)

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

(f)

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

3)

Uses which require the issuance of a permit under Section 9.2 and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating, but only to the extent specifically provided below:

(a)

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

1)

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

2)

The road is designed and constructed to minimize adverse impact upon the natural functions of the Wetland enumerated in Section 12.32;

3)

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended Use; and

4)

Road construction activities are carried out in the immediate area of the roadbed only.

(b)

The construction or maintenance of nonresidential Buildings, provided that:

1)

The Building is essential for and used solely in conjunction with the raising of waterfowl, minnows, or other Wetland or aquatic animals;

2)

The Building cannot, as a practical matter, be located outside the Wetland;

3)

Such Building is not designed for human habitation and does not exceed 500 square feet in floor area; and

4)

Only limited filling or excavating necessary to provide structural support for the Building is authorized.

(c)

The maintenance and repair of existing private roads, driveways and bridges providing:

1)

The applicant must provide documentation that the road, driveway, or bridge existed prior to June 20, 1985;

2)

The cross section of the roadbed may not be enlarged beyond what can be documented under 1) above;

3)

The road shall not be realigned;

4)

Maintenance activities are carried out in the immediate area of the roadbed only; and

5)

Construction work must be done to minimize adverse impact on the natural functions of Wetlands as enumerated in Section 12.32.

B)

Uses authorized by Conditional Use. The following uses shall be allowed, subject to the issuance of a Conditional Use permit under Section 8.0 of this ordinance, and may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating, but only to the extent specifically provided below:

1)

The establishment of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access roads provided that:

(a)

Any private Development is used exclusively for the permitted Use and the applicant has received a permit or license under Chapter 29, Wisconsin Statutes, where applicable;

(b)

Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in Section 17.9 (3)(a)(1—4); and

(c)

Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance Wetland values.

2)

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

(a)

The transmission and distribution facilities and railroad lines cannot, as practical matter, be located outside the Wetland.

(b)

Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the Wetland enumerated in Section 12.32.

C.

Prohibited uses. Any Use not listed in Sections 17.9(A)(1—3) and (B)(1—2) is prohibited, unless the Wetland or portion of the Wetland has been rezoned by amendment of this ordinance in accordance with Section 12.3 of this ordinance and Section 59.97(5)(e), Wisconsin Statutes.

17.10

SP: Shoreland Protection One District (Overlay district). This district provides for the protection of waters and Shoreland, and for safe and orderly Shoreland Development in Sawyer County. The intent is to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control Building sites, placement of Structures and uses, and to preserve shorecover and the natural beauty. This district includes all lands in the unincorporated areas of the County within the following distances from the normal highwater elevation of Navigable Water: 1,000 feet from a lake, pond, or Flowage, and 300 feet from a river, stream, or to the landward side of a Floodplain, whichever distance is greater.

A)

Permitted Uses.

1)

Any Use permitted in the underlying districts, subject to the Shoreland provisions of this ordinance.

2)

Any Accessory Use permitted in the underlying districts, subject to the Shoreland provisions of this ordinance.

B)

Uses authorized by Conditional Use.

1)

Any Conditional Use authorized in the underlying districts, subject to the Shoreland provisions of this ordinance.

17.11

PUD: Planned Unit Development District. The PUD district is intended to provide for large-scale residential and/or commercial uses only. This district shall have no definite boundaries until such as approved by the County Board on the recommendation of the Zoning Committee in accordance with the procedures prescribed for zoning amendments by Section 59.69 of the Wisconsin Statutes. Plans for the proposed Development shall be submitted in duplicate, and shall show the location, size, and proposed Use of all Structures and land included in the areas involved. The plans may provide for a combination of single- and multi-Family Development as well as related commercial uses, provided the plans include that:

1)

A single area of at least five acres is involved.

2)

Each residential Building and Lot in the district will conform to the R-1 district requirements and each commercial Building and Lot will conform to the C-1 district requirements by Conditional Use permit only.

3)

Adequate Streets and sidewalks as determined to serve the needs of the area involved will be provided.

4)

Adequate access to public Streets and proper internal circulation will be provided.

5)

Adequate sewer and water facilities will be provided.

6)

The Development will constitute a reasonable extension of the living areas in the County and will be compatible with surrounding land uses.