17.101.01.

Title. This section shall be known and cited as the Marathon County Zoning Code.

17.101.02.

Purpose. This code is adopted to secure and provide the following objectives for the County of Marathon:

1.

To promote the public health, safety, comfort, and welfare of the residents of the County of Marathon;

2.

To establish and maintain zoning districts in order to protect the property rights of all individuals by assuring the compatibility and efficient relationships of uses and practices within districts;

3.

To facilitate the provision of public utilities and public services;

4.

To provide the proper arrangement of streets or highways in relation to existing or proposed streets and highways (and the County's transportation plan);

5.

To promote orderly, efficient, and appropriate development of land;

6.

To provide uniform procedures and standards for observance by both the approving authority and the subdivider for the division, subdivision, and development of land;

7.

To provide standards and guidelines for compatibility of designs, materials, layout, landscaping, and effective use of land for quality commercial development;

8.

To provide reasonable and appropriate visual identification of commercial establishments;

9.

To ensure adequate provision of open space for light, air, and fire safety;

10.

To manage traffic via access points and other planning tools;

11.

To preserve and protect existing trees and vegetation, flood plains, stream corridors, and other areas of scenic and environmental significance from adverse impacts of land development;

12.

To provide guidelines for development of recreational uses;

13.

To require the adequate and safe provision of transportation, water, sewage, and drainage in the county;

14.

To preserve the character and quality of residential neighborhoods;

15.

To preserve the character and quality of agricultural areas;

16.

To provide appropriate technical assistance to towns during the planning and zoning phase of extraterritorial zoning discussions; and

17.

To assure the County's policy of providing an opportunity for towns to opt out of county zoning by conducting a comprehensive revision of zoning ordinances at a minimum of ten-year intervals.

17.101.03.

Interpretation. In the interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare. The following rules of construction shall apply to this section:

1.

The particular shall control the general; in case of any difference of meaning or implication between the text of this section and any caption or illustration, the text shall control; "shall" is mandatory, "may" is permissive; words used in the present tense shall include the future and words used with singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary; "building" or "structure" includes any part thereof; "used for"; includes "arranged for", "person" includes an individual, corporation, partnership, incorporated association or any other similar entity; unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and", "or" or "either/or," the conjunction shall be interpreted as follows: "and" indicates that all the connected items, conditions, provisions or events shall apply; "or" indicates that the connected items, conditions, provisions or events shall apply singly or in any combination; "either/or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. All measured distances shall be to the nearest integral foot. If a fraction is ½ foot or more, the integral foot next above shall be taken. The masculine gender includes the feminine and neuter.

2.

The provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the county and shall not be deemed a limitation or repeal of any other power granted by the Wis. Stats., and related administrative codes.

17.101.04.

Conflict. Whenever the regulations of this Zoning Ordinance conflict with any other lawfully adopted rules, regulations or ordinances, private deed restrictions or private covenants, the more restrictive or that imposing the highest standards shall govern.

This section shall not repeal, impair or modify private covenants or other ordinances, except that it shall apply whenever it imposes stricter regulations.

17.101.05.

Inconsistencies. In the event any of the requirements or regulatory provisions of these regulations are found to be inconsistent with one another, the more restrictive or greater requirements shall be deemed in each case to be applicable.

17.101.06.

Compliance with other applicable regulations.

A.

All uses and associated premises, buildings, structures, activities, roads, parking areas, utilities, and construction, shall be in compliance with all the requirements of this code of the general code of ordinances, the county subdivision regulations, applicable building and health codes, and all other applicable regulations adopted by County Board and administered by the County of Marathon. Compliance with all state building departments and other applicable state and federal agencies are required.

B.

No approval pursuant to this code shall be issued where the applicant is in violation of this code or any code administered by the department, nor for any parcel(s) of land which have an outstanding violation until the violation is corrected. A request for waiver of this provision may be made to the Department Director.

C.

Sale or exchange of parcels of land between owners of adjoining property below ten acres or sale or exchange modifies a parcel below ten acres the following shall occur:

i.

Documentation and associated review fee of sale and exchange should be submitted to the department prior to recording.

a.

Acceptable forms of preliminary sale and exchange documentation include but are not limited to a proposed deed, preliminary certified survey map, plat of survey, land contracts, and/or other documentation as required.

ii.

A review of sale and exchange documentation by the department to ensure the split does not violate current zoning district standards prior to recording.

iii.

A review of the sale and exchange documentation by the department per Marathon County Section 15.40(16) to ensure the split does not reduce the capability of the parcel(s) to support a legal sanitary system in accordance with Chapter 15, Private Sewage Systems ordinance, prior to recording.

17.101.07.

Authority. This section is adopted under the authority granted to the County Board under §§ 59.03, 59.04, 59.07, 59.69, 59.692, 59.694, 59.696, 59.697, 59.698, 59.70, 59.971, 87.30, 66.0401, 66.0404, and 144.26 and 145 and 236, Wis. Stats.; Department of Natural Resources NR 811 and 812; Chapters SPS 382 and 383; Wis. Adm. Code Sec. 407, 415, 440 and 445, NR 809, 810, 812, 815, 820, 850 and 856 and Wis. Stats., 280. NR 200 et seq., NR 135, 140, 299 and 340 requirements, Wis. Stats., 30, 31, 281 and 283 Wis. Stats., 299 Wis. Adm. Code; 103, 350, 351, 352 and 353 and under Section 404 of the Federal Clean Water Act; Wis. Stats., Admin. Code 216; Wis. Admin. Code NR 415.075; Wis Stats., Admin. Code PSC 128; SPS 307.41; Wis. Stats., Chapter 91, Farmland Preservation, 91.46(6).

17.101.08.

Validity and separability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, word, or any provision or provisions of this Zoning Ordinance or amendments thereto, are held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance or amendments thereto.

Should any section, clause, provision or portion of this section be adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

17.101.09.

Repealer. All existing ordinances of Marathon County, Wisconsin pertaining to zoning that are inconsistent herewith are hereby repealed. Except as provided in Section 17.101.09 and 17.101.10.

17.101.10.

Adoption. Upon passage by the County Board, this Chapter becomes effective.

17.101.11.

Effective date. This Zoning Ordinance shall take effect and be in force from the date adopted by the town until a comprehensive revision is completed. This Chapter shall be in full force and effect throughout each town upon adoption as provided in Wis. Stats., 59.69.

17.101.12.

Successor statutes. All references to "Wis. Stats.," or "Wis. Stats.," Or "Stats." Shall mean the current Wis. Stats., and their successor statutes.

(O-34-23)