(a)

The zoning districts are provided as follows:

(1)

R-1 Residential—Sewered.

(2)

R-2 Residential—Unsewered.

(3)

B Business.

(4)

I Industrial.

(5)

A-T Agricultural Transition.

(6)

A-1 Exclusive Agricultural.

(7)

A-2 Agricultural and Rural Business.

(8)

A-3 Agricultural/Rural Residential.

(9)

C Community.

(10)

W Waterfront.

(11)

S Shoreland-Wetland (Overlay Zone).

(12)

N Natural Resources.

(13)

R/R Residential/Recreational.

(b)

Boundaries of these districts are hereby established as shown on the county zoning map which accompanies and is a part of this chapter. Such boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended, unless otherwise noted on the zoning map.

(c)

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.

(Ord. No. 2022-12, § 11.04(a), 10-11-2022)

A certified copy of the zoning map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the county board chair and the county clerk and shall be on file in the office of the county clerk.

(Ord. No. 2022-12, § 11.04(b), 10-11-2022)

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 centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

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

(3)

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

(6)

Boundaries indicated as parallel to or extension of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

(Ord. No. 2022-12, § 11.04(c), 10-11-2022)

There shall be not more than one principal dwelling structure and two accessory structures, which include one residential garage and one residential accessory building on any lot, in the R-1 and R-2 residential, community and waterfront districts.

(Ord. No. 2022-12, § 11.04(d), 10-11-2022)

No person shall use any land, building, or structure, or erect, construct, reconstruct, move, or structurally alter a building, structure, or part thereof, except in conformance with the regulations of this article. All applicable sections of the county agricultural and land use plan shall guide the determination of rezoning land to the districts enumerated in this article.

(Ord. No. 2022-12, § 11.04(e), 10-11-2022)

Recreational vehicles and equipment shall not be placed in the driveway or in any portion of the front yard of a residence for any period of time exceeding 72 hours, except in the agricultural district.

(Ord. No. 2022-12, § 11.04(g), 10-11-2022)

Camping is prohibited in all areas except in campgrounds and parks where camping is permitted.

(Ord. No. 2022-12, § 11.04(h), 10-11-2022)

All dwelling units shall contain the following area:

(Ord. No. 2022-12, § 11.04(i), 10-11-2022)

Public utility gas and oil pipelines, transmission and distribution lines, poles and other accessories shall be permitted in all districts, provided that when a utility proposes a major inter-city transmission line or pipeline, it shall give notice to the committee of such intention and of the time and place of hearing before the public service commission. At the request of the committee, the utility shall meet with it to discuss the routing of said transmission line or pipeline and before actual construction shall file a mapped description of the route of such transmission line with the committee.

(Ord. No. 2022-12, § 11.04(j), 10-11-2022)

Minimum lot sizes, where not specified in subdivisions III through XIV of this division, shall be according to the provisions of the county land division and subdivision regulations pursuant to Wis. Admin. Code chs. SPS 383 and 385.

(Ord. No. 2022-12, app. A, 10-11-2022)

The purpose of the R-1 Residential—Sewered District is to identify those areas where predominantly residential development has occurred or will be likely to occur within the urban service areas and limited-service areas as described in the county agricultural and land use plan; to protect residential neighborhoods by prohibiting uses which will not mix well with homes.

(Ord. No. 2022-12, § 11.04(f)(1)(i), 10-11-2022)

Principal uses in the R-1 Residential—Sewered District are as follows:

(1)

Single-family detached home.

(2)

Parks, conservancy areas.

(3)

Community living arrangements and similar facilities in single-family dwellings, eight or fewer occupants.

(Ord. No. 2022-12, § 11.04(f)(1)(ii), 10-11-2022)

Accessory uses in the R-1 Residential—Sewered District are as follows:

(1)

Garage, residential.

(2)

Residential accessory uses.

(3)

Home occupation, accessory.

(4)

Professional home office.

(5)

Child care provided in a residence.

(6)

Local utilities.

(7)

Household pets (kennels separately defined, not included here).

(Ord. No. 2022-12, § 11.04(f)(1)(iii), 10-11-2022)

Conditional uses in the R-1 Residential—Sewered District are as follows:

(1)

Church.

(2)

School.

(3)

Mobile home on foundation.

(4)

Mobile home park (including sales of mobile homes associated with park operation).

(5)

Multiple dwelling unit structures, established as a planned development, with overall density not exceeding ten dwelling units per acre.

(6)

Duplex.

(7)

Rest home; nursing home.

(8)

Day care center.

(9)

Community living arrangements and similar facilities, nine or more occupants.

(10)

Extensive on-site parking or storage.

(11)

Non-local utilities.

(12)

Public and semi-public uses.

(13)

Keeping of dogs as household pets on a noncommercial basis in excess of two per premises.

(Ord. No. 2022-12, § 11.04(f)(1)(iv), 10-11-2022)

Minimum lot area of the R-1 Residential—Sewered District is as follows:

(1)

8,000 square feet.

(2)

10,000 square feet (shoreland area).

(Ord. No. 2022-12, § 11.04(f)(1)(v), 10-11-2022)

Minimum lot width of the R-1 Residential—Sewered District is as follows: 80 feet.

(Ord. No. 2022-12, § 11.04(f)(1)(vi), 10-11-2022)

Minimum lot depth of the R-1 Residential—Sewered District is as follows: 80 feet.

(Ord. No. 2022-12, § 11.04(f)(1)(vii), 10-11-2022)

Minimum yards in the R-1 Residential—Sewered District are as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 25 feet.

(3)

Side: ten feet each.

(Ord. No. 2022-12, § 11.04(f)(1)(viii), 10-11-2022)

Maximum principal building height in the R-1 Residential—Sewered District is as follows: three stories or 35 feet.

(Ord. No. 2022-12, § 11.04(f)(1)(ix), 10-11-2022)

Maximum accessory building height in the R-1 Residential—Sewered District is as follows: See section 22-676(1).

(Ord. No. 2022-12, § 11.04(f)(1)(x), 10-11-2022)

Maximum lot coverage by principal and accessory structures not to exceed 30 percent of existing lot area.

(Ord. No. 2022-12, § 11.04(f)(1)(xi), 10-11-2022)

The purpose of the R-2 Residential—Unsewered District is to identify non-farm residential areas not served by public sewer; to be applied only within the urban service areas, limited-service areas, and rural hamlet areas described in the county agricultural and land use plan; to ensure that, when used within urban service areas or limited-service areas, the establishment of unsewered development does not unreasonably inhibit future public sewer service; to protect residential neighborhoods by prohibiting uses which will not mix well with homes.

(Ord. No. 2022-12, § 11.04(f)(2)(i)(1), 10-11-2022)

Principal uses in the R-2 Residential—Unsewered District are as follows:

(1)

Single-family detached home.

(2)

Parks, conservancy areas.

(3)

Community living arrangements and similar facilities in single-family dwellings, eight or fewer occupants.

(Ord. No. 2022-12, § 11.04(f)(2)(ii)(1), 10-11-2022)

Accessory uses in the R-2 Residential—Unsewered District are as follows:

(1)

Garage, residential.

(2)

Residential accessory uses.

(3)

Home occupation, accessory.

(4)

Professional home office.

(5)

Child care provided in a residence.

(6)

Local utilities.

(7)

Household pets. (Kennels separately defined, not included here.)

(8)

Growing of field crops.

(Ord. No. 2022-12, § 11.04(f)(2)(iii)(1), 10-11-2022)

Conditional uses in the R-2 Residential—Unsewered District are as follows:

(1)

Church.

(2)

School.

(3)

Mobile home on foundation.

(4)

Mobile home park (including sales of mobile homes associated with park operation).

(5)

Multiple dwelling unit structures, established as a planned development, with overall density not exceeding five dwelling units per acre.

(6)

Duplex.

(7)

Rest home; nursing home.

(8)

Day care center.

(9)

Community living arrangements and similar facilities, nine or more occupants.

(10)

Extensive on-site parking or storage.

(11)

Non-local utilities.

(12)

Public and semi-public uses.

(13)

Keeping of dogs as household pets on a noncommercial basis in excess of two per premises.

(14)

Raising/keeping of farm animals, provided that parcels are at least two acres and provided that the number of animals will not exceed one animal unit per one acre.

(15)

Private airstrips when lands are adjacent to an FAA-approved airport.

(Ord. No. 2022-12, § 11.04(f)(2)(iv)(1), 10-11-2022)

Minimum lot area in the R-2 Residential—Unsewered District is as follows: See section 22-104.

(Ord. No. 2022-12, § 11.04(f)(2)(i)(2), 10-11-2022)

Minimum lot width in the R-2 Residential—Unsewered District is as follows: 100 feet.

(Ord. No. 2022-12, § 11.04(f)(2)(ii)(2), 10-11-2022)

Minimum lot depth in the R-2 Residential—Unsewered District is as follows: 150 feet.

(Ord. No. 2022-12, § 11.04(f)(2)(iii)(2), 10-11-2022)

Minimum yards in the R-2 Residential—Unsewered District are as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 40 feet.

(3)

Side: 15 feet each.

(Ord. No. 2022-12, § 11.04(f)(2)(iv)(2), 10-11-2022)

Maximum principal building height in the R-2 Residential—Unsewered District is as follows: three stories or 35 feet.

(Ord. No. 2022-12, § 11.04(f)(2)(v), 10-11-2022)

Maximum accessory building height in the R-2 Residential—Unsewered District is as follows: See section 22-676(1).

(Ord. No. 2022-12, § 11.04(f)(2)(vi), 10-11-2022)

Maximum lot coverage by principal and accessory structures is not to exceed 30 percent of existing lot area.

(Ord. No. 2022-12, § 11.04(f)(2)(vii), 10-11-2022)

The purpose of the B Business District is to identify areas appropriate for nonagricultural commercial use located within the urban service areas or limited-service areas as described in the county agricultural and land use plan. A site may have a conditional use without the principal use being established.

(Ord. No. 2022-12, § 11.04(f)(3)(i), 10-11-2022)

Principal uses in the B Business District are as follows:

(1)

General merchandise stores.

(2)

Food stores.

(3)

Building materials, hardware, garden supplies.

(4)

Automotive dealers, mobile home dealers.

(5)

Fuel dealers.

(6)

Service stations and repair shops.

(7)

Apparel and accessory stores.

(8)

Furniture, home furnishings and equipment.

(9)

General retail establishments.

(10)

Finance, insurance, and legal services.

(11)

Real estate offices.

(12)

Personal services establishments.

(13)

Business services.

(14)

Repair services.

(15)

Business association offices.

(16)

Civic, social, and fraternal associations.

(17)

Churches.

(18)

Other professional services.

(19)

Community buildings (local government owned).

(20)

Community garages and storage facilities (local government owned).

(21)

Communication services.

(22)

First Amendment protected adult-oriented establishments.

(Ord. No. 2022-12, § 11.04(f)(3)(ii), 10-11-2022)

Accessory uses in the B Business District are as follows:

(1)

Local utilities.

(2)

R-1 accessory uses associated with a residence allowed in this district.

(Ord. No. 2022-12, § 11.04(f)(3)(iii), 10-11-2022)

Conditional uses in the B Business District are as follows:

(1)

Eating and drinking places.

(2)

Hotels, motels.

(3)

Movie theaters.

(4)

Amusement and recreation facilities and services.

(5)

Construction contractors.

(6)

Transportation services.

(7)

Wholesale trades.

(8)

Residences.

(9)

Non-local utilities.

(10)

Public and semi-public uses.

(Ord. No. 2022-12, § 11.04(f)(3)(iv), 10-11-2022)

Minimum lot area in the B Business District is as follows:

(1)

Sewered: 8,000 square feet, except shoreland area which shall be 10,000 square feet.

(2)

Unsewered: See section 22-104, plus any additional requirements of Wis. Admin. Code ch. COMM 83.

(Ord. No. 2022-12, § 11.04(f)(3)(vi), 10-11-2022)

Minimum lot width in the B Business District is as follows: 80 feet.

(Ord. No. 2022-12, § 11.04(f)(3)(vii), 10-11-2022)

Minimum lot depth in the B Business District is as follows:

(1)

Sewered: 80 feet.

(2)

Unsewered: 150 feet.

(Ord. No. 2022-12, § 11.04(f)(3)(vii), 10-11-2022)

Minimum yards in the B Business District are as follows:

(1)

Front: See section 22-678(b).

(2)

One-half the height of the structure for side and rear.

(Ord. No. 2022-12, § 11.04(f)(3)(ix), 10-11-2022)

Maximum building height in the B Business District is as follows: three stories or 35 feet.

(Ord. No. 2022-12, § 11.04(f)(3)(x), 10-11-2022)

The purpose of the I Industrial District is to identify areas best suited for nonagricultural industrial development because of location, topography, existing streets, utilities, and relationship to other land uses and located within the urban service areas or limited-service areas as described in the county agricultural and land use plan.

(Ord. No. 2022-12, § 11.04(f)(4)(i), 10-11-2022)

(a)

The following principal uses are industrial categories when the use involves manufacturing, processing, warehousing, wholesale distribution and transportation. A site may have a conditional use without the principal use being established.

(b)

The activity is a permitted use when it falls in the categories below and when the proposed operation will be fully enclosed within buildings, except for parking/driving areas. If some operations and/or storage are not under cover, the planning and zoning committee shall review the proposal for site plan approval through a zoning and land use permit, after considering any recommendations from the affected town.

(1)

Transportation services.

(2)

Food and kindred products (not including meat products).

(3)

Textile products, apparel.

(4)

Lumber and wood products.

(5)

Furniture and fixtures.

(6)

Printing, publishing, and allied industries.

(7)

Rubber and plastic products.

(8)

Leather and leather products.

(9)

Stone, clay, glass products.

(10)

Fabricated metal products.

(11)

Machinery.

(12)

Electrical and electronic equipment and supplies.

(13)

Transportation equipment.

(14)

Instrument manufacturing.

(15)

General manufacturing.

(16)

Retailing as an adjunct to a principal or conditional use allowed in this district.

(Ord. No. 2022-12, § 11.04(f)(4)(ii), 10-11-2022)

Accessory uses in the I Industrial District are as follows:

(1)

Local utilities.

(Ord. No. 2022-12, § 11.04(f)(4)(iii), 10-11-2022)

Conditional uses in the I Industrial District are as follows:

(1)

Retailing that is freestanding, that is, not adjunct to a manufacturing operation.

(2)

Meat products.

(3)

Mining, including exploration and testing preparatory to mining, milling, and processing of mined materials.

(4)

Paper mills.

(5)

Chemical and allied products.

(6)

Petroleum refinery and related industries.

(7)

Concrete products.

(8)

Primary metal industries.

(9)

Ordnance works.

(10)

Generation of electrical power.

(11)

Manufacturing and distribution of gas.

(12)

Dumps or landfills.

(13)

Salvage yards; junkyards.

(14)

Storage or processing of industrial wastes.

(Ord. No. 2022-12, § 11.04(f)(4)(iv), 10-11-2022)

Minimum lot area in the I Industrial District is as follows:

(1)

Sewered: 8,000 square feet, except shoreland area which shall be 10,000 square feet.

(2)

Unsewered: See section 22-104, plus any additional requirements of Wis. Admin. Code ch. COMM 83.

(Ord. No. 2022-12, § 11.04(f)(4)(v), 10-11-2022)

Minimum lot width in the I Industrial District is as follows: 80 feet.

(Ord. No. 2022-12, § 11.04(f)(4)(vi), 10-11-2022)

Minimum lot depth in the I Industrial District is as follows:

(1)

Sewered: 80 feet.

(2)

Unsewered: 150 feet.

(Ord. No. 2022-12, § 11.04(f)(4)(vii), 10-11-2022)

Minimum yards in the I Industrial District are as follows:

(1)

Front: See section 22-678(b).

(2)

One-half the height of the structure for side and rear.

(Ord. No. 2022-12, § 11.04(f)(4)(viii), 10-11-2022)

Maximum building height in the I Industrial District is as follows: three stories or 35 feet.

(Ord. No. 2022-12, § 11.04(f)(4)(ix), 10-11-2022)

The purpose of the A-T Agricultural Transition District is to preserve for an unspecified time period in agricultural and open space land use those lands generally located in proximity to developed areas within the county where future development is in keeping within town, city, village, and/or county plans, and located within 15-year growth areas as described in the county agricultural and land use plan.

(Ord. No. 2022-12, § 11.04(f)(5)(i), 10-11-2022)

Principal uses in the A-T Agricultural Transition District are as follows:

(1)

Agriculture, subject to the limitations under subsections (16) through (18) of this section.

(2)

Horticulture.

(3)

Dairying, subject to the limitations under subsections (16) through (18) of this section.

(4)

Beekeeping.

(5)

Livestock raising, subject to the limitations under subsections (16) through (18) of this section.

(6)

Hatching of fowl, subject to the limitations under subsections (16) through (18) of this section.

(7)

Nursery.

(8)

Greenhouse.

(9)

Stable, agricultural.

(10)

Truck farm.

(11)

Forest management.

(12)

Game farm.

(13)

Hunt club.

(14)

Roadside stand for the sale of products grown or produced on the premises.

(15)

Existing dwellings built before January 15, 1975, and their replacements, as long as the replacement dwelling is placed within 100 feet of the existing dwelling, unless otherwise reviewed and approved by the planning and zoning committee.

(16)

Feedlot for 150 livestock units or less, Wis. Admin. Code ch. ATCP 51 regulated livestock facilities for more than 150 animal units are not permitted in the A-T district (see section 22-584(2)).

(17)

Fowl and poultry farm housing 10,000 birds or less, Wis. Admin. Code ch. ATCP 51 regulated poultry farms housing more than 10,000 birds are not permitted in the A-T district (see section 22-584(2)).

(18)

On parcels with less than 35 acres of contiguous land, only one animal unit per acre, with a minimum of two acres required.

(19)

County parks: uses permitted under the county park regulations.

(Ord. No. 2022-12, § 11.04(f)(5)(ii), 10-11-2022)

Accessory uses in the A-T Agricultural Transition District are as follows:

(1)

Essential services.

(2)

Accessory uses as listed in the A-3 zoning district, with the exception of section 22-341(7) for existing and replacement dwellings.

(3)

A parcel of land zoned A-T can contain and is not limited to equipment used in different types of farming activities at the particular location or on other A-T zoned lands owned or leased by the owners of the parcel in question. This includes construction equipment used in the farming activities; machinery and equipment used in the housing and care of livestock or agricultural production; storage units and associated equipment; feed storage areas such as bunker or pit silos; other such materials as may be employed in the day-to-day operation of agricultural activities, whether or not these items were originally intended for such purposes. Also included is up to three semi-trailers or truck boxes if used for storage of agricultural equipment, supplies or products on A-T zoned property of 35 or more contiguous acres (for the purpose of this provision, a road shall not be considered a divider). Normal setbacks and permits shall apply to these trailers and truck boxes used as storage units. Greater than three semi-trailers or truck boxes utilized for storage shall require a conditional use permit. This subsection does not apply to licensed semi-trailers that are located on the property for the regular transport of agricultural goods and supplies produced on the particular farm.

(Ord. No. 2022-12, § 11.04(f)(5)(iii), 10-11-2022)

Conditional uses in the A-T Agricultural Transition District are as follows:

(1)

Commercial raising of fish.

(2)

Home occupation, conditional.

(3)

Fur farm.

(4)

Public and semi-public uses (see section 22-582), except those uses listed in section 22-582.

(5)

Private agri-related airstrips.

(6)

Greater than three semi-trailers or truck boxes utilized for storage of agricultural equipment, supplies or products on A-T zoned property of 35 or more contiguous acres (for the purpose of this provision, a road shall not be considered a divider).

(7)

Nonmetallic mineral extraction use that meets the requirements of section 22-583.

(8)

Public recreational use. These conditional uses are associated with adaptive reuse of barns as defined in this chapter (existing pre-1970 barns with a limitation for additions of no more than 25 percent of the existing footprint and no more than 25 percent replacement, modification, or repair of existing structural members). However, as part of the conditional use process, the planning and zoning committee may consider replacement, modification or repair of the existing barn that exceeds this limitation if it meets the purpose and intent of this division. In addition, the limitations of article IX of this chapter still apply. As a condition of approval, the barn conversion shall meet all applicable federal, state and local codes for the conversion to a public building and place of employment. Notice of approval from the state shall be submitted to the zoning department prior to issuance of the zoning and land use permit which is required for conversion of use.

(9)

Winery, tasting room, store.

(10)

Antiques store.

(11)

Farm store.

(12)

Repair shop, machinery repair, auto repair, equipment repair, small engine repair.

(13)

Garden center with store.

(14)

Recreation facility.

(15)

Office space.

(16)

Recycling facility.

(17)

Conference center, banquet hall, event facility.

(18)

Storage: mini storage, personal storage.

(19)

Classroom, educational facility, art studio.

(20)

Tourist roominghouse: would count as a residence under the A-3 regulations.

(21)

Butcher shop, food processor.

(22)

Eating and drinking place.

(Ord. No. 2022-12, § 11.04(f)(5)(iv), 10-11-2022)

Minimum lot area in the A-T Agricultural Transition District is as follows: 35 acres, with the following exceptions:

(1)

A one-acre to five-acre lot for farm consolidation for an existing residence and associated accessory structures is permitted if the residence in question was constructed prior to the enactment of the January 15, 1975, zoning ordinance and existed on or after this date even if subsequently replaced with a newer home and the parcel remaining contains a minimum of 35 contiguous acres. Between three and five acres shall be considered by the planning and zoning committee, at a regularly scheduled committee meeting, if necessary to accommodate existing driveways and/or existing structures, and if the town board approved the preliminary certified survey map. All provisions of the A-3 Agricultural/Rural Residential District are applicable to the farm consolidation parcel created.

(2)

Parcels of less than 35 acres which existed prior to January 15, 1975.

(3)

Parcels of less than 35 acres which are a result of a zoning district amendment to the official county zoning map. A-T zoned lands transferred from a parcel of record after February 8, 2000, shall not be used to create A-3 lots or in the calculation of the number of A-3 lots available.

(Ord. No. 2022-12, § 11.04(f)(5)(v), 10-11-2022)

Minimum lot width in the A-T Agricultural Transition District is as follows: 200 feet.

(Ord. No. 2022-12, § 11.04(f)(5)(vi), 10-11-2022)

Minimum lot depth in the A-T Agricultural Transition District is as follows: 200 feet.

(Ord. No. 2022-12, § 11.04(f)(5)(vii), 10-11-2022)

Minimum frontage in the A-T Agricultural Transition District is as follows: All lots shall front on a public road for a minimum distance of at least 66 feet. Access to the lot shall be provided within this frontage.

(Ord. No. 2022-12, § 11.04(f)(5)(viii), 10-11-2022)

Minimum yards in the A-T Agricultural Transition District are as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 20 feet.

(3)

Side: 20 feet each, providing those agricultural structures do not exceed in height twice their distance from the nearest lot line.

(Ord. No. 2022-12, § 11.04(f)(5)(ix), 10-11-2022)

Maximum building height in the A-T Agricultural Transition District is as follows: 35 feet, except see section 22-675(b) for height standards for agricultural structures.

(Ord. No. 2022-12, § 11.04(f)(5)(x), 10-11-2022)

The long-range goal for agricultural land use within the county is to preserve the most valuable of all resources, fertile land for agricultural pursuits, and to protect the land best suited for farming from premature urbanization. The A-1 Exclusive Agricultural District is intended to promote continued agricultural uses on the best quality agricultural land; protect and encourage long-term investments in food, fiber, and other resource-related production; be a state-certified farmland preservation zoning district to maintain property owner eligibility in the state's farmland preservation tax credit program in conjunction with the agricultural preservation and land use plan; preserve rural character and manage non-farm development; and provide reasonable opportunities for agriculturally related businesses and home occupations. The exclusive agricultural zoning district may be utilized only in areas designated as agricultural preservation areas within the county agricultural and land use plan. Rezoning out of the A-1 district may occur only after the county planning and zoning committee conducts a public hearing and makes findings as specified in Wis. Stats. § 91.48(1) as articulated in section 22-54. Rezoning to the A-3 district under the associated policies of that district and the agricultural preservation and land use plan is the only way that new housing may be built on lands currently zoned A-1, except for replacement of certain farm residences as authorized by this division.

(Ord. No. 2022-12, § 11.04(f)(6)(i), 10-11-2022)

Permitted principal uses in the A-1 Exclusive Agricultural District are as follows:

(1)

Agricultural use, subject to the following limitations:

a.

Each feedlot may not exceed 150 livestock units. (Feedlots are not regulated by Wis. Admin. Code ch. ATCP 51. See section 22-584(1).)

b.

Each foul or poultry farm shall house 10,000 birds or less. (Foul and poultry farms are no regulated by Wis. Admin. Code ch. ATCP 51. See section 22-584(1).)

c.

Each Wis. Admin. Code ch. ATCP 51 regulated livestock facility shall have 150 animal units or less. (Livestock facilities are not regulated by Wis. Admin. Code ch. ATCP 51. See section 22-584(2).)

d.

Undeveloped natural resource or open space area.

e.

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

(Ord. No. 2022-12, § 11.04(f)(6)(ii), 10-11-2022)

Permitted accessory uses in the A-1 Exclusive Agricultural District are as follows:

(1)

Existing farm residence built before January 15, 1975, or its replacement, as long as the replacement farm residence is placed within 100 feet of the residence built before January 15, 1975, unless otherwise approved by the planning and zoning committee.

(2)

Accessory residential structure to a farm residence listed under subsection (1) of this section.

(3)

Agricultural accessory structure.

(4)

Stable, agricultural.

(5)

Home occupation, accessory.

(Ord. No. 2022-12, § 11.04(f)(6)(iii), 10-11-2022)

Conditional uses in the A-1 Exclusive Agricultural District are as follows:

(1)

Agricultural use that exceeds one or more of the limitations under the agricultural use listing in the principal uses section 22-277, including:

a.

A feedlot for more than 150 livestock units. (Feedlots are not regulated by Wis. Admin. Code ch. ATCP 51. See section 22-584(1).)

b.

The housing of fowl for more than 10,000 birds. (Fowl housing is not regulated by Wis. Admin. Code ch. ATCP 51. See section 22-584(1).)

c.

A Wis. Admin. Code ch. ATCP 51 regulated livestock facility for more than 150 animal units or a poultry farm housing more than 10,000 birds (see section 22-584(2).)

(2)

Fur farm.

(3)

Commercial raising of fish.

(4)

Agriculture-related use.

(5)

Bed and breakfast establishment.

(6)

Home occupation, conditional.

(7)

Kennel.

(8)

Stable, commercial.

(9)

Nonmetallic mineral extraction use that meets the requirements of section 22-583.

(10)

Transportation, communication, pipeline, electrical transmission, utility, or drainage use that qualifies under Wis. Stats. § 91.46(4).

(11)

Greater than three semi-trailers or truck boxes used for the storage of agricultural equipment, supplies, or products on A-1 zoned property of 35 or more contiguous acres in the same ownership (for the purposes of this provision, a road shall not be considered a divider of contiguity). Normal setbacks and permits shall be required for trailers and truck boxes used for storage of agricultural equipment.

(Ord. No. 2022-12, § 11.04(f)(6)(iv), 10-11-2022)

Minimum lot area in the A-1 Exclusive Agricultural District is as follows: 35 acres, with the following exceptions and qualifiers:

(1)

A-1 lots created around a residence constructed before January 15, 1975, as a result of a farm consolidation certified survey map recorded between January 15, 1975, and March 13, 2012, with such lots instead having a minimum lot area of one acre. (Farm consolidation lots for certified survey maps recorded after March 13, 2012, are still allowed, but require rezoning to the A-3 district.)

(2)

Parcels of less than 35 acres which existed prior to January 15, 1975, with such parcels instead having a minimum lot area equal to their lot area on January 15, 1975.

(3)

On parcels with less than 35 acres of contiguous land under common ownership, only one animal unit is allowed per acre, with a minimum of two acres required to house animal units.

(4)

A-1 zoned lands transferred from a parcel of record to another after February 8, 2000, shall not be used to create A-3 lots or in the calculation of the number of A-3 lots available under the policies expressed in this chapter or the agricultural preservation and land use plan.

(5)

Parcels of less than 35 acres which are a result of a zoning district amendment to the official county zoning map.

(6)

Parcels of less than 35 acres which are zoned A-1 and defined as parcels of record or parent parcels.

(Ord. No. 2022-12, § 11.04(f)(6)(v), 10-11-2022)

Minimum lot width in the A-1 Exclusive Agricultural District is as follows: 200 feet.

(Ord. No. 2022-12, § 11.04(f)(6)(vi), 10-11-2022)

Minimum lot depth in the A-1 Exclusive Agricultural District is as follows: 200 feet.

(Ord. No. 2022-12, § 11.04(f)(6)(vii), 10-11-2022)

Minimum yards in the A-1 Exclusive Agricultural District are as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 20 feet.

(3)

Side: 20 feet each, provided that agricultural structures do not exceed in height twice their distance from the nearest lot line (Wis. Admin. Code ch. ATCP 51 setbacks may differ).

(Ord. No. 2022-12, § 11.04(f)(6)(viii), 10-11-2022)

Maximum building height in the A-1 Exclusive Agricultural District is as follows: 35 feet, except see section 22-675(b) for height standards for agricultural structures.

(Ord. No. 2022-12, § 11.04(f)(6)(ix), 10-11-2022)

The purpose of the A-2 Agricultural and Rural Business District is to provide for the proper location and regulation of manufacturing, storage warehousing and related marketing or industrial activities that are related to the agricultural industry and otherwise suited to a relatively isolated, rural location. This district may be considered within the agricultural preservation areas, rural hamlet areas, urban service areas, and limited-service areas as described in the county agricultural and land use plan. Uses listed for the A-2 district involve fixed locations, year-round or seasonal. A listed use that is mobile, moving from farm to farm, is not regulated. A site may have a conditional use without the primary use being established.

(Ord. No. 2022-12, § 11.04(f)(7)(i), 10-11-2022)

Principal uses in the A-2 Agricultural and Rural Business District are as follows:

(1)

Agriculture.

(2)

Horticulture.

(3)

Dairying.

(4)

Beekeeping.

(5)

Livestock raising.

(6)

Hatching of fowl.

(7)

Nursery.

(8)

Greenhouse.

(9)

Stable, agricultural.

(10)

Truck farm.

(11)

Forest management.

(12)

Game farm.

(13)

Hunt club.

(14)

Roadside stand for the sale of products grown or produced on the premises.

(15)

Existing dwelling built before January 15, 1975, and its replacement, as long as the replacement dwelling is placed within 100 feet of the existing dwelling, unless otherwise reviewed and approved by the planning and zoning committee.

(16)

On parcels with less than 35 acres of contiguous land, only one animal unit is allowed per acre, with a minimum of two acres required.

(Ord. No. 2022-12, § 11.04(f)(7)(ii), 10-11-2022)

Accessory uses in the A-2 Agricultural and Rural Business District are as follows:

(1)

Residential (R-2) uses for residences in this district.

(2)

Local utilities.

(Ord. No. 2022-12, § 11.04(f)(7)(iii), 10-11-2022)

Conditional uses in the A-2 Agricultural and Rural Business District are as follows:

(1)

Residences will be occupied by a person who, or a family of which one adult member, earns a majority of his/her gross income from conducting the farm operations on the parcel or parcels in close proximity. Substantial evidence shall be provided to the committee documenting the intended agricultural use. A-2 Agricultural and Rural Business District rezonings for farm labor housing would count against the total number of A-3 lots available for the parent parcel. Multifamily housing for farm labor is considered as a conditional use under this provision.

(2)

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

(3)

Grist mill services.

(4)

Horticultural services.

(5)

Poultry hatchery services.

(6)

Canning of vegetables, fruits, and specialty foods.

(7)

Production of cheese.

(8)

Production of condensed and evaporated milk.

(9)

Wet milling of corn (custom).

(10)

Preparation of feeds for animals and/or fowl. Conditional use approval is required if the operation occurs on a non-farm parcel or if it is conducted on a commercial/custom basis for export to farms other than the one on which it is located.

(11)

Production of flour and other grain mill products.

(12)

Blending and preparing of flour.

(13)

Fluid milk processing.

(14)

Production of frozen fruits, vegetables, other specialties.

(15)

Meat packing.

(16)

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

(17)

Livestock sales facilities.

(18)

Grain elevators and bulk storage of feed grains.

(19)

Fertilizer production, sales, storage, mixing and blending.

(20)

Sale of farm implements and related equipment.

(21)

Grain drying where capacity exceeds 200,000 bushels per year.

(22)

Trap and skeet shoot, rifle range, motocross course, race track and festival grounds, and clubhouse for such operation.

(23)

Waste storage, treatment and/or disposal.

(24)

Kennel, veterinarian facility, animal hospital.

(25)

Mineral extraction and processing.

(26)

Storage of non-farm equipment.

(27)

Non-local utilities.

(28)

Campgrounds

(29)

Golf courses.

(30)

Public and semi-public uses.

(31)

Home occupation, conditional.

(32)

Fur farm.

(33)

Salvage yard.

(34)

Retail sales of agricultural related items not grown on the premises.

(35)

Storage of contractor's equipment and materials.

(36)

Mini warehousing/personal storage warehousing.

(37)

Bed and breakfast in an existing A-2 zone and an existing dwelling (as defined in Wis. Admin. Code ch. DHS 197).

(38)

Tourist roominghouse in an existing A-2 zone and an existing dwelling (as defined in Wis. Admin. Code ch. DHS 195).

(39)

Food stand, privately owned, associated with recreational use.

(40)

Stable, commercial.

(41)

Agricultural tourism.

(42)

Huntclub/game farm resort.

(43)

Winery, tasting room, store.

(44)

Farm store.

(45)

Garden center with retail store.

(46)

Recreational facility directly related to open space uses and the necessity for a rural location.

(47)

Recycling operation (stand alone or add to salvage yard).

(48)

Landscaping business.

These conditional uses are associated with adaptive reuse of barns as defined in this chapter (existing pre-1970 barns with a limitation for additions of no more than 25 percent of the existing footprint and no more than 25 percent replacement, modification, or repair of existing structural members). However, as part of the conditional use process the planning and zoning committee may consider replacement, modification or repair of the existing barn that exceeds this limitation if it meets the purpose and intent of this section. In addition, the limitations of article IX of this chapter still apply. As a condition of approval, the barn conversion shall meet all applicable federal, state and local codes for the conversion to a public building and place of employment. Notice of approval from the state shall be submitted to the zoning department prior to issuance of the zoning and land use permit which is required for conversion of use.

(49)

Winery, tasting room, store.

(50)

Antiques store.

(51)

Farm store.

(52)

Repair shop, machinery repair, auto repair, equipment repair, small engine repair AAA.

(53)

Garden center with store.

(54)

Recreation facility.

(55)

Office space.

(56)

Recycling facility.

(57)

Conference center, banquet hall, event facility.

(58)

Storage: mini storage, personal storage.

(59)

Classroom, educational facility, art studio.

(60)

Tourist roominghouse: would count as a residence under the A-3 regulations.

(61)

Butcher shop, food processor.

(Ord. No. 2022-12, § 11.04(f)(7)(iv), 10-11-2022)

Maximum building height in the A-2 Agricultural and Rural Business District is as follows: 35 feet, except see section 22-675(b) for height standards for agricultural structures.

(Ord. No. 2022-12, § 11.04(f)(7)(v), 10-11-2022)

Minimum lot area in the A-2 Agricultural and Rural Business District is as follows: minimum sufficient areas for the principal structures and accessory buildings.

(Ord. No. 2022-12, § 11.04(f)(7)(vi), 10-11-2022)

Minimum yards in the A-2 Agricultural and Rural Business District are as follows: same as A-3 yard requirements, with the option for greater setbacks set by the planning and zoning committee, dependent upon use.

(Ord. No. 2022-12, § 11.04(f)(7)(vii), 10-11-2022)

The purpose of the A-3 Agricultural/Rural Residential District is to allow limited rural residential development on lands in predominantly agricultural areas that are not suited for agricultural production or, due to the proposed location, would have limited impact on agricultural production. Lots are limited in number, size and location to minimize the impacts associated with rural residential development. Residents of this district may experience conditions associated with farming that are not necessarily compatible with rural residential use. This district may be considered within the agricultural preservation areas, rural hamlet areas, environmental corridor overlay, urban service areas, and limited-service areas, as described in the county agricultural and land use plan. Within planned agricultural preservation areas, the number of A-3 lots created from a parcel of record shall be limited per the associated policies within that plan.

(Ord. No. 2022-12, § 11.04(f)(8)(i), 10-11-2022)

Principal uses in the A-3 Agricultural/Rural Residential District are as follows:

(1)

Single-family dwelling.

(2)

Mobile homes on foundation.

(3)

Community living arrangements and similar facilities in single-family dwelling, eight or fewer occupants.

(Ord. No. 2022-12, § 11.04(f)(8)(ii), 10-11-2022)

Accessory uses in the A-3 Agricultural/Rural Residential District are as follows:

(1)

Garage, residential.

(2)

On-site parking and storage.

(3)

Residential accessory uses.

(4)

Home occupation, accessory.

(5)

Professional home office.

(6)

Home child care.

(7)

Household pets.

(8)

Raising/keeping of farm animals, provided that parcel is 2.0 acres or larger and number of animals will not exceed one animal unit per 1.0 acre.

(9)

Growing of field crops.

(10)

Roadside stands.

(11)

Local utilities.

(12)

Stable, agricultural.

(Ord. No. 2022-12, § 11.04(f)(8)(iii), 10-11-2022)

Conditional uses in the A-3 Agricultural/Rural Residential District are as follows:

(1)

Duplex.

(2)

Non-local utilities.

(3)

Kennel.

(4)

Home occupations, conditional.

(5)

Public and semi-public uses.

(6)

Bed and breakfast (as defined in Wis. Admin. Code ch. DHS 197).

(7)

Tourist roominghouse (as defined in Wis. Admin. Code ch. DHS 195).

(8)

Stable, commercial.

(Ord. No. 2022-12, § 11.04(f)(8)(iv), 10-11-2022)

Minimum lot area in the A-3 Agricultural/Rural Residential District is as follows: one acre.

(Ord. No. 2022-12, § 11.04(f)(8)(vi), 10-11-2022)

Minimum lot width in the A-3 Agricultural/Rural Residential District is as follows: 150 feet.

(Ord. No. 2022-12, § 11.04(f)(8)(vii), 10-11-2022)

Minimum lot depth in the A-3 Agricultural/Rural Residential District is as follows: 200 feet.

(Ord. No. 2022-12, § 11.04(f)(8)(viii), 10-11-2022)

Minimum yards in the A-3 Agricultural/Rural Residential District are as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 20 feet.

(3)

Side: 20 feet each.

(Ord. No. 2022-12, § 11.04(f)(8)(ix), 10-11-2022)

Maximum building height in the A-3 Agricultural/Rural Residential District is as follows: 35 feet, except see section 22-675(b) for height standards for agricultural structures.

(Ord. No. 2022-12, § 11.04(f)(8)(x), 10-11-2022)

Maximum lot area in the A-3 Agricultural/Rural Residential District is as follows: two acres, with the following possible exceptions and qualifiers:

(1)

Possible lot combinations under the policies for creation of A-3 lots within this chapter and the agricultural preservation and land use plan, which may allow for larger area in non-prime and prime agricultural land lots (e.g., one six-acre lot may be substituted for three two-acre lots in non-prime agricultural land or one four-acre lot may be substituted for two two-acre lots in prime agricultural land upon planning and zoning committee and county board approval). A lot combination may be considered by the committee in an environmental corridor if enough non-prime agricultural land is available, even though the maximum number of lots may have been reduced due to environmental corridor density provisions described in section 22-350.

(2)

A lot of greater than two acres in area shall be considered by the planning and zoning committee if necessary to accommodate a dwelling built before February 8, 2000, and its driveway and accessory structures, if the town board first approves the preliminary certified survey map. In such cases, lot area around the dwelling and accessory structures shall not exceed the maximum acreage allowed by this division. A lot of up to five acres in area may be considered by the planning and zoning committee in association with a farm consolidation for an existing residence and associated accessory structures, if the residence in question was constructed prior to January 15, 1975, (or was subsequently replaced with a newer home) and the parcel continues to be zoned A-1.

(Ord. No. 2022-12, § 11.04(f)(8)(xi), 10-11-2022)

Maximum lot coverage by principal and accessory structures in the A-3 Agricultural/Rural Residential District shall not exceed 30 percent of existing lot area.

(Ord. No. 2022-12, § 11.04(f)(8)(xii), 10-11-2022)

(a)

Three non-prime agricultural land A-3 lots or one or two prime agricultural land A-3 lots with clustering is recommended. The number of possible prime agricultural land lots is based on the amount and configuration of land owned (see the lot chart in subsection (b)(3) of this section). With less than 50 acres, one prime agricultural land lot is possible. With 50 acres or more, two prime agricultural land lots are possible. The minimum amount of prime agricultural land shall be utilized when approving the prime lot option. If an option is utilized to mix non-prime and prime agricultural land lots, the prime agricultural land maximum lot numbers shall apply. A-3 lots created since the 1977 adoption of the A-3 zoning district shall also be taken into account when determining how many A-3 lots may be available. All parcels of record may propose the maximum number of lots described in this section unless the number of lots has been reduced due to A-3 lots being created from the parent parcel predating the parcel of record. Each parcel of record would have the possibility of at least one A-3 lot upon committee review and county board approval. A-3 lots proposed for dwellings constructed prior to December 13, 1977, do not count as having utilized an A-3 lot division.

(b)

Environmental corridor overlays described in the plan may also impact the maximum number of possible A-3 lots available as described in the following lot chart by utilizing the development density of no greater than one dwelling unit per ten acres. Clear cutting upland wooded environmental corridor areas in existence at the time of the enactment of the ordinance from which this chapter is derived shall not increase the number of A-3 lots available (see the environmental corridor detailed policies in the county agricultural and land use plan). Also, A-2 lots for an agricultural residence shall reduce the number of lots available.

A-3 Agricultural/Rural Residential District Lot Chart

(c)

In order to achieve safer access, more effective clustering or protection of land resources, the committee may consider the consolidation of multiple parcels of record that are contiguous or divided only by a public road and under the same ownership. In reviewing the consolidation for the purpose of a proposed A-3 lots relocation, the committee must determine that they would have otherwise approved the number of lots on each separate parcel of record. Any proposed lots relocated in this manner would constitute use of all the lots from that separate parcel of record regardless of the number actually relocated. Proposed lots that would have been approved in a non-prime agricultural soil location cannot be relocated into prime agricultural soils unless the number of proposed lots is reduced to the prime soil numbers as described in this section. Conversely, the number of lots would not be increased if relocated from a prime soil location on the separate parcel of record to a non-prime agricultural soil location on the consolidated parcel of record. Town approval is required for any request for consolidation of parcels of record.

(d)

Existing A-3 lots created on or after February 8, 2000, shall not be further divided so as to create additional lots. A-3 zoned lots created prior to February 8, 2000, may be further divided to create a maximum of two additional lots. The planning and zoning committee shall review and make a decision on the proposed A-3 division. Application for the redivision of an existing A-3 zoned lot shall be made to the zoning administrator who shall refer it to the committee. The committee shall request an opinion and recommendation from the town prior to scheduling a public hearing on the application. The committee shall also request an opinion from the road maintenance authority relating to driveway and access considerations. The committee shall schedule a public hearing on the application, publish a Class 2 notice according to Wis. Stats. ch. 985, and notify, by certified mail, the clerk of the town for which the proposed A-3 division is located and all persons listed in the county land information office as owning property within 500 feet of the exterior boundary of the proposed A-3 division at least ten days prior to the hearing date. The committee shall review the application, site, public hearing testimony, effect on farmland and prime agricultural soil, section 22-56, and consistency with the county comprehensive plan and agricultural preservation and land use plan before making a decision.

(Ord. No. 2022-12, § 11.04(f)(8)(xiii), 10-11-2022; Ord. No. 2023-27, 3-12-2024)

The purpose of the C Community District is to identify those areas which have traditionally serviced the nearby farms and residences but were not legally incorporated into villages or cities and to recognize that these older communities have mixed their residential, commercial, and farming uses. The community zoning district shall be utilized in rural hamlet areas and limited-service areas as described in the county agricultural and land use plan. A site may have a conditional use without the principal use being established.

(Ord. No. 2022-12, § 11.04(f)(9)(i), 10-11-2022)

Principal uses in the C Community District are as follows:

(1)

Single-family detached home.

(2)

Parks, conservancy areas.

(3)

Community living arrangements and similar facilities in single-family dwellings, eight or fewer occupants.

(Ord. No. 2022-12, § 11.04(f)(9)(ii), 10-11-2022)

Accessory uses in the C Community District are as follows:

(1)

Garage, residential.

(2)

Residential accessory uses.

(3)

Home occupations, accessory.

(4)

Child care provided in a residence.

(5)

Local utilities.

(6)

Household pets (kennels separately defined, not included here).

(7)

Growing of field crops.

(Ord. No. 2022-12, § 11.04(f)(9)(iii), 10-11-2022)

Conditional uses in the C Community District are as follows:

(1)

Church.

(2)

School.

(3)

Mobile home on foundation.

(4)

Mobile home park (including sales of mobile homes associated with park operation).

(5)

Multiple dwelling unit structures, established as a planned development, with overall density not exceeding five dwelling units per acre.

(6)

Duplex.

(7)

Rest home; nursing home.

(8)

Day care center.

(9)

Community living arrangements and similar facilities, nine or more occupants.

(10)

Extensive on-site parking or storage.

(11)

Home occupation, conditional.

(12)

Non-local utilities.

(13)

Public and semi-public uses.

(14)

Keeping of dogs as household pets on a noncommercial basis in excess of two per premises.

(15)

Raising/keeping of farm animals, provided that parcels are at least 2.0 acres and provided that the number of animals will not exceed one animal unit per 1.0 acre.

(16)

Private airstrips when lands are adjacent to an FAA-approved airport.

(17)

General merchandise store.

(18)

Food store.

(19)

Building material, hardware, garden supply retail.

(20)

Automotive dealer, mobile home dealer.

(21)

Fuel dealer.

(22)

Service station and repair shop.

(23)

Apparel and accessory store.

(24)

Furniture, home furnishings and equipment.

(25)

General retail establishment.

(26)

Finance, insurance and legal service.

(27)

Real estate office.

(28)

Personal services establishment.

(29)

Business services.

(30)

Repair services.

(31)

Business association office.

(32)

Civic, social and fraternal association.

(33)

Church.

(34)

Other professional services.

(35)

Community buildings (local government owned).

(36)

Community garages and storage facilities (local government owned).

(37)

Communication services.

(38)

Eating and drinking place.

(39)

Hotel, motel.

(40)

Movie theater.

(41)

Amusement and recreation facility and services.

(42)

Construction contractor.

(43)

Transportation services.

(44)

Wholesale trade.

(45)

Residence.

(46)

Public and semi-public uses.

(Ord. No. 2022-12, § 11.04(f)(9)(iv), 10-11-2022)

Minimum lot area in the C Community District is as follows:

(1)

Sewered: 8,000 square feet except shoreland area, which shall be 10,000 square feet.

(2)

Unsewered: See section 22-104.

(Ord. No. 2022-12, § 11.04(f)(9)(v), 10-11-2022)

Minimum lot width in the C Community District is as follows:

(1)

Sewered: 80 feet.

(2)

Unsewered: 100 feet.

(Ord. No. 2022-12, § 11.04(f)(9)(vi), 10-11-2022)

Minimum lot depth in the C Community District is as follows:

(1)

Sewered: 80 feet.

(2)

Unsewered: 150 feet.

(Ord. No. 2022-12, § 11.04(f)(9)(vii), 10-11-2022)

Minimum yards in the C Community District are as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 25 feet.

(3)

Side: ten feet each.

(Ord. No. 2022-12, § 11.04(f)(9)(viii), 10-11-2022)

Maximum building height in the C Community District is as follows: three stories or 35 feet.

(Ord. No. 2022-12, § 11.04(f)(9)(ix), 10-11-2022)

The purpose of the W Waterfront District is to identify residential and commercial areas adjacent to the county's waterways.

(Ord. No. 2022-12, § 11.04(f)(10)(i), 10-11-2022)

Principal uses in the W Waterfront District are as follows:

(1)

Single-family dwelling, existing only, if located in floodway. Permitted in floodplain if all provisions of the floodplain zoning and private sewage system provisions are complied with.

(2)

Park, conservancy areas.

(3)

Non-structural open space and recreational uses.

(Ord. No. 2022-12, § 11.04(f)(10)(ii), 10-11-2022)

(a)

Accessory uses in the W Waterfront District are as follows:

(1)

Residential garage, existing structures, only if in floodway.

(2)

Residential parking, storage, accessory structures, existing only, if located in floodway.

(3)

Other R-2 accessory uses, provided that no new structures are established to accommodate the use.

(4)

Boathouses, provided that standards of section 22-929 are met.

(5)

Boat docks and piers for private residential usage only.

(6)

Camping occupancy of camping trailers or similar vehicles, provided that the vehicle is of a type recognized by Wis. Admin. Code ch. HFS 178 and is under 400 square feet in area, that length of occupancy shall not exceed 14 days in any one continuous period nor more than 30 days cumulatively over any 12-month period, and provided that the unit is neither skirted nor connected to any porch except for essential steps or ramps.

(7)

Local utilities.

(b)

No accessory structure may be used for human occupancy. All sanitary requirements shall be complied with and, during flood stage periods, all such units shall be removed from designated hazard areas.

(Ord. No. 2022-12, § 11.04(f)(10)(iii), 10-11-2022)

Conditional uses in the W Waterfront District are as follows:

(1)

Water-related business (marinas, boat, bait, gift shops, taverns, restaurants). Newly established or abandoned uses, described above, shall meet all applicable sections of the floodplain zoning, private sewage system, and zoning regulations.

(2)

General retail, existing use only.

(3)

Expansion, alteration of parking areas for existing uses.

(4)

Non-local utilities.

(5)

Kennel (see definition of the term "kennel").

(6)

Boathouses on vacant lots.

(7)

Public and commercial access ramps to navigable waters.

(Ord. No. 2022-12, § 11.04(f)(10)(iv), 10-11-2022)

Minimum lot area in the W Waterfront District is as follows:

(1)

Sewered: 12,000 feet.

(2)

Unsewered: See section 22-104.

(Ord. No. 2022-12, § 11.04(f)(10)(v), 10-11-2022)

Minimum lot width in the W Waterfront District is as follows:

(1)

Sewered: 80 feet.

(2)

Unsewered: 100 feet.

(Ord. No. 2022-12, § 11.04(f)(10)(vi), 10-11-2022)

Minimum lot depth in the W Waterfront District is as follows: 150 feet.

(Ord. No. 2022-12, § 11.04(f)(10)(vii), 10-11-2022)

Minimum yards in the W Waterfront District are as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 20 feet.

(3)

Side: ten feet.

(Ord. No. 2022-12, § 11.04(f)(10)(viii), 10-11-2022)

Maximum building height in the W Waterfront District are as follows: three stories or 35 feet.

(Ord. No. 2022-12, § 11.04(f)(10)(ix), 10-11-2022)

Refer to section 22-925 for description and provisions applicable to this district. The shoreland-wetland district takes precedence over any underlying zone.

(Ord. No. 2022-12, § 11.04(f)(11)(intro. ¶), 10-11-2022)

The S Shoreland-Wetland (Overlay Zone) is an overlay district to delineate the floodplain and to prevent unsuitable uses from locating in such floodplain.

(Ord. No. 2022-12, § 11.04(f)(11)(i), 10-11-2022)

Principal uses in the S Shoreland-Wetland (Overlay Zone) are as follows: any principal use allowed in the underlying district, provided the conditions of article X of this chapter are met.

(Ord. No. 2022-12, § 11.04(f)(11)(ii), 10-11-2022)

Accessory uses in the S Shoreland-Wetland (Overlay Zone) are as follows:

(1)

Essential services.

(Ord. No. 2022-12, § 11.04(f)(11)(iii), 10-11-2022)

Conditional uses in the S Shoreland-Wetland (Overlay Zone) are as follows: any conditional use allowed in the underlying district, provided the conditions of article X of this chapter are met.

(Ord. No. 2022-12, § 11.04(f)(11)(iv), 10-11-2022)

Minimum lot area in the S Shoreland-Wetland (Overlay Zone) is as follows: as in the underlying district.

(Ord. No. 2022-12, § 11.04(f)(11)(v), 10-11-2022)

Minimum lot width in the S Shoreland-Wetland (Overlay Zone) is as follows: as in the underlying district.

(Ord. No. 2022-12, § 11.04(f)(11)(vi), 10-11-2022)

Minimum lot depth in the S Shoreland-Wetland (Overlay Zone) is as follows: as in the underlying district.

(Ord. No. 2022-12, § 11.04(f)(11)(vii), 10-11-2022)

Minimum yards in the S Shoreland-Wetland (Overlay Zone) are as follows:

(1)

Front: as in the underlying district.

(2)

Rear: as in the underlying district.

(3)

Sides: as in the underlying district.

(Ord. No. 2022-12, § 11.04(f)(11)(viii), 10-11-2022)

Maximum building height in the S Shoreland-Wetland (Overlay Zone) is as follows: as in the underlying district.

(Ord. No. 2022-12, § 11.04(f)(11)(ix), 10-11-2022)

The purpose of the N Natural Resource District is to identify those areas where development is prohibited due to groundwater, the presence of significant wildlife habitat and natural vegetation or the need to protect water quality; to allow for low impact agricultural uses, generally those which predated zoning to the N district and to be a state-certified farmland preservation zoning district to maintain property owner eligibility in the state's farmland preservation tax credit program in conjunction with the agricultural preservation and land use plan. All applicable sections of the agricultural preservation and land use plan shall be evaluated in determining a rezoning to this district. Rezoning out of the N district may occur only following the county planning and zoning committee conducting a public hearing and making findings as specified in Wis. Stats. § 91.48(1), as articulated in section 22-54.

(Ord. No. 2022-12, § 11.04(f)(12)(i), 10-11-2022)

Permitted principal uses in the N Natural Resource District are as follows:

(1)

Undeveloped natural resource and open space area, including public lands recreational use such as hunting, fishing, hiking, and bridle path.

(2)

Raising of waterfowl, fish, or other wildlife, including necessary nonresidential buildings serving the use and meeting the requirements for accessory uses under Wis. Stats. § 91.01(1).

(3)

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.

(4)

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

(Ord. No. 2022-12, § 11.04(f)(12)(ii), 10-11-2022)

Permitted accessory uses in the N Natural Resource District are as follows:

(1)

Essential services.

(2)

Agricultural accessory structure.

(Ord. No. 2022-12, § 11.04(f)(12)(iii), 10-11-2022)

Conditional uses in the N Natural Resource District are as follows:

(1)

An agricultural use not listed as a principal use in the N district, except for:

a.

A feedlot for more than 150 livestock units.

b.

The housing of fowl for more than 10,000 birds (fowl housing is not regulated by Wis. Admin. Code ch. ATCP 51. See section 22-584(1)).

c.

Wis. Admin. Code ch. ATCP 51 regulated livestock facilities for more than 150 animal units and poultry farm housing more than 10,000 birds (see section 22-584(2)).

(2)

Watercourse relocation, filling, draining, dredging that qualifies under Wis. Stats. § 91.46(4).

(3)

Dam, hydroelectric plant that qualifies under Wis. Stats. § 91.46(4).

(Ord. No. 2022-12, § 11.04(f)(12)(iv), 10-11-2022)

Minimum lot area in the N Natural Resource District is as follows: two acres.

(Ord. No. 2022-12, § 11.04(f)(12)(v), 10-11-2022)

Minimum lot width in the N Natural Resource District is as follows: 100 feet.

(Ord. No. 2022-12, § 11.04(f)(12)(vi), 10-11-2022)

Minimum lot depth in the N Natural Resource District is as follows: 100 feet.

(Ord. No. 2022-12, § 11.04(f)(12)(vii), 10-11-2022)

Minimum yards in the N Natural Resource District are as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 75 feet.

(3)

Side: 75 feet each.

(Ord. No. 2022-12, § 11.04(f)(12)(viii), 10-11-2022)

Maximum building height in the N Natural Resource District is as follows: 35 feet, except see section 22-675(b) for height standards for agricultural structures.

(Ord. No. 2022-12, § 11.04(f)(12)(ix), 10-11-2022)

The purpose of the R/R Residential/Recreational District is to identify those areas where predominantly recreational development has occurred or will be likely to occur, generally in 15-year growth areas, urban service areas, limited-service areas, and rural hamlet areas as described within the agricultural preservation and land use plan. Due to soil types, agricultural productivity class, topographic conditions, and adjacent uses, the area would be best suited to sparse residential and recreational development rather than intensive agricultural development. A site may have a conditional use without the principal use being established.

(Ord. No. 2022-12, § 11.04(f)(13)(i), 10-11-2022)

(a)

Principal uses in the R/R Residential/Recreational District are as follows:

(1)

One-family dwelling.

(2)

Mixture of recreational use such as lake resort area, golf course, bridle path, and residential use.

(b)

No use shall be allowed until all requirements of the county private sewage systems ordinance are met.

(Ord. No. 2022-12, § 11.04(f)(13)(ii), 10-11-2022)

(a)

Accessory uses in the R/R Residential/Recreational District are as follows:

(1)

Essential services.

(2)

Home occupation, accessory.

(3)

Professional home office.

(4)

Private garage or parking areas.

(5)

Garage, residential.

(6)

Residential accessory uses.

(b)

No use shall be allowed until all requirements of the county private sewage systems ordinance are met.

(Ord. No. 2022-12, § 11.04(f)(13)(iii), 10-11-2022)

(a)

Conditional uses in the R/R Residential/Recreational District are as follows:

(1)

Two-family and multifamily dwellings.

(2)

Cluster developments.

(3)

Condominium developments.

(4)

Single-family attached developments.

(5)

Public and semi-public uses (section 22-582).

(6)

Raising/keeping of farm animals, provided that parcels are at least 2.0 acres or more with one animal unit permitted for each 1.0 acre.

(7)

Taxiing and parking of airplanes on land adjacent to an FAA-approved airport.

(8)

Rest and nursing homes, club, fraternity.

(9)

Bed and breakfast (as defined in Wis. Admin. Code ch. DHS 197).

(10)

Tourist roominghouse (as defined in Wis. Admin. Code ch. DHS 195).

(11)

Extensive on-site storage.

(b)

No use shall be allowed until all requirements of the county private sewage systems ordinance are met.

(Ord. No. 2022-12, § 11.04(f)(13)(iv), 10-11-2022)

Minimum lot area in the R/R Residential/Recreational District is as follows:

(1)

Sewered lots: 10,000 square feet.

(2)

Unsewered lots: 20,000 square feet.

(Ord. No. 2022-12, § 11.04(f)(13)(v), 10-11-2022)

Minimum lot width in the R/R Residential/Recreational District is as follows:

(1)

100 feet for other than multifamily type developments.

(2)

Lot width for multifamily type developments will be determined as part of the conditional use permit.

(Ord. No. 2022-12, § 11.04(f)(13)(vi), 10-11-2022)

Minimum lot depth in the R/R Residential/Recreational District are as follows:

(1)

150 feet for other than multifamily type developments.

(2)

Lot width for multifamily type developments will be determined as part of the conditional use permit.

(Ord. No. 2022-12, § 11.04(f)(13)(vii), 10-11-2022)

(a)

Minimum yards for other than multifamily type developments shall be as follows:

(1)

Front: See section 22-678(b).

(2)

Rear: 40 feet.

(3)

Side: 15 feet.

(b)

Minimum yards for multifamily type developments will be determined as part of the conditional use permit.

(Ord. No. 2022-12, § 11.04(f)(13)(viii), 10-11-2022)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult arcade means any place to which the public is permitted or invited wherein coin, slug, electronically, or mechanically controlled or operated still or in motion picture machines, projectors, computers or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

Adult bathhouse means a commercial establishment which provides a bath as a service and which provides to its patrons an opportunity for engaging in specified sexual activities.

Adult body painting studio means a commercial establishment wherein patrons are afforded an opportunity to be painted or to paint images on specified anatomical areas. An adult body painting studio does not include a tattoo parlor.

Adult bookstore means any commercial establishment having as its stock-in-trade the sale, rental or lease for any form of consideration, any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, video reproductions, slides, or other visual representations which are distinguished or characterized by their emphasis on specified anatomical areas or specified sexual activities.

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

(3)

Facilities for the presentation of adult entertainment, as defined herein, including adult-oriented films, motion pictures, video cassettes, video reproductions, slides or other visual representations for observation by patrons therein.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which features:

(1)

Live performances which are characterized or distinguished by the exposure of specified anatomical areas or specified sexual activities; or

(2)

Films, motion pictures, video cassettes, video reproductions, slides or other visual representations which are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

Adult entertainment means any exhibition of any motion picture, live performance, display, or dance of any type, which has as its dominant theme, or is distinguished or characterized by, any one or more of the following:

(1)

Specified sexual activities;

(2)

Specified anatomical areas.

Adult massage parlor means a commercial establishment with or without sleeping accommodations which provides the service of massage or body manipulation, including exercise, heat and light treatment of the body, and any form or method of physiotherapy, which also provides its patrons with the opportunity to engage in specified sexual activities.

Adult motel means a hotel, motel or other similar commercial establishment which offers accommodations to the public for any form of consideration, provides patrons with closed circuit television transmissions, film, motion pictures, video cassettes, video reproductions, slides, or other visual reproductions characterized by depicting or describing specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this type of adult entertainment, or:

(1)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(2)

Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than ten hours.

Adult theater means an enclosed building such as theater, concert hall, auditorium or other similar commercial establishment which is used for presenting adult entertainment.

Adult-oriented establishment includes adult arcade, adult bathhouse, adult body painting studio, adult bookstore, adult cabaret, adult massage parlor, adult motel, adult theater, and any commercial establishment presenting adult entertainment, whether or not such establishment is operated or maintained for a profit and where alcohol is not served or consumed.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, vulva, anus, or the nipple and areola of the human female breast; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes any of the following, simulated or actual:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

(2)

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio, cunnilingus, anilingus.

(3)

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

(4)

Excretory functions during a live performance, display, or dance of any type.

Youth facility means any facility where minors gather for education or recreational activities, including, but not limited to, playgrounds, swimming pools, libraries, licensed child care facilities, youth clubs and youth camps.

(Ord. No. 2022-12, § 11.04(k)(1), 10-11-2022)

(a)

Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of county citizens and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within county. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

(b)

Findings.

(1)

The board finds that adult-oriented establishments, as defined in this chapter, require special zoning in order to protect and preserve the health, safety, and welfare of the county.

(2)

Based on its review of studies conducted in Phoenix, AZ; Garden Grove, CA; Los Angeles, CA; Whittier, CA; Indianapolis, IN; Minneapolis, MN; St. Paul, MN; Cleveland, OH; Oklahoma City, OK; Amarillo, TX; Austin, TX; Beaumont, TX; Dallas, TX; Houston, TX; Newport News, VA; Bellevue, WA; New York, NY; Seattle, WA; and St. Croix County, WI; and the Report of the Attorney General's Working Group of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Preventions, and the findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Colman A. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000), East of the River Enterprises II v. City of Hudson, 2000 Wisc. App. Lexis 734 (Ct. App. August 1, 2000); Ben's Bar, Inc. v. Village of Somerset, F.3d, 2003 WL 132541 (7th Cir. 2003), the board finds that there is convincing evidence that the secondary effects of adult-oriented establishments include an increased risk of prostitution, high-risk sexual behavior, crime, and other deleterious effects upon existing businesses and surrounding residential areas, and decreased property values.

(3)

The board intends to control the impact of these secondary effects in order to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; and preserve the property values and character of surrounding neighborhoods and areas.

(4)

It is not the intent of the board to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the secondary effects of adult-oriented establishments while providing an outlet for First Amendment protected activities.

(5)

In order to minimize and control the secondary effects of adult-oriented establishments upon the county, it is the intent of the board to prevent the concentration of adult-oriented establishments within a certain distance of each other and within certain distance of other specified locations which are incompatible with and would suffer from the secondary effects of adult-oriented establishments.

(6)

Based upon its review of materials linking alcohol consumption and high-risk sexual behavior and materials linking alcohol consumption and crimes such as sexual assault, the board finds that a geographic separation of adult-oriented establishments from alcohol beverage licensed premises is warranted.

(Ord. No. 2022-12, § 11.04(k)(2), 10-11-2022)

(a)

The First Amendment and other provisions of the United States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult-oriented establishments, as defined by this chapter, are entitled to certain protections. Therefore, an adult-oriented establishment shall be a permitted use in the B business zoning district and shall be a prohibited use in any other zoning district. The adult-oriented establishment may locate in the specified district only if an adult-oriented establishment license has been granted by a town or municipality requiring such license within the county which is subject to this chapter, and all the requirements of this section and the applicable zoning district regulations are met.

(b)

Adult-oriented establishments shall be located at least 1,000 feet from:

(1)

Any residential district line where a single-family residence is a principal use, playground lot line, public park lot line, or publicly owned recreation area.

(2)

Any structure used as a residence, place of religious worship, public or private school, or youth facility, as defined in this chapter.

(3)

Any other structure housing an adult-oriented establishment.

(4)

Any structure housing an establishment which holds an alcohol beverage license.

(c)

Distance requirements are to be measured in a straight line in any direction regardless of intervening structures, from the structure housing the adult-oriented establishment to the residential district boundary lines, to the lot line of any lot used for park, playground, or any structure listed in subsection (b) of this section.

(d)

The measurements from a structure shall be taken from the farthest point a structure extends in the direction of the measurement, including overhanging roofs or similar projections.

(e)

For adult-oriented establishments located in conjunction with other buildings, such as in a shopping center, and clearly separate from other establishments, measurements shall be taken from the boundaries of the space occupied by the adult-oriented establishment.

(f)

For any adult-oriented establishment located above ground level in a multi-story structure and clearly separate from other establishments within the structure, the distance measurements shall be taken from the ground floor public entrance/exit nearest the adult-oriented establishment (excluding emergency exits).

(g)

Subsequent location of any establishments described in subsection (b) of this section within 1,000 feet of an existing adult-oriented establishment does not constitute a violation of this chapter by the adult-oriented establishment.

(Ord. No. 2022-12, § 11.04(k)(3), 10-11-2022)