(a)

Application and hearing. Any conditional uses listed in this chapter shall be permitted only when authorized by the planning and zoning committee. Application for a conditional use permit shall be made to the zoning administrator who shall refer it to the committee. The committee shall then schedule a public hearing on the application, publish a Class 2 notice according to Wis. Stats. ch. 985, and notify by certified mail the clerks of any towns within 1,000 feet of the proposed use and all persons listed in the county land information office as of the date of the petition as owning property within one-quarter mile of the exterior boundary of the parcel for which the conditional use is requested at least ten days prior to the hearing date.

(b)

Review. The committee shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation. Conditional uses shall be reviewed to be consistent with the agricultural preservation and land use plan.

(c)

Approval or denial.

(1)

If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions imposed by the county planning and zoning committee, the county shall grant the conditional use permit. Any condition imposed must be related to the purpose of this chapter and be based on substantial evidence.

(2)

The requirements and conditions described under subsection (c)(1) of this section must be reasonable and, to the extent practicable, measurable and may include conditions such as the permits duration, transfer or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the county relating to the conditional use permit are or shall be satisfied, both of which must be supported by substantial evidence.

(3)

Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the county may impose conditions such as the permit's duration, transfer, or renewal, in addition to any other conditions specified in this chapter or by the committee.

(4)

If a conditional use permit application is denied, the applicant may appeal the decision to the circuit court under the procedures contained in Wis. Stats. § 59.694(10).

(d)

The committee shall request an opinion and recommendation from the county highway commissioner for any proposed conditional use within 500 feet of an existing county or state highway centerline or within one-half mile of a proposed interchange or turning lane at least 20 days before taking final action. If the highway commissioner does not provide an opinion and recommendation as requested, the committee may approve or deny the conditional use based on the evidence available.

(e)

The planning and zoning committee shall impose conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, screening, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements. Additional conditions may be imposed by the committee upon its finding that they are necessary to fulfill the purpose and intent of this chapter.

(f)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading traffic, highway access, and performance standards, shall be required of all conditional uses.

(g)

Violation. Any permitted conditional use which does not continue in conformity with the conditions of the permit shall be considered in violation of this chapter.

(h)

Revocation of conditional use permits. Any conditional use permit granted by the planning and zoning committee may be revoked if it is found that the conditional use is not being conducted in compliance with the plans and specifications submitted with the application and subsequently approved or is being operated in violation of the conditions of the conditional use permit.

(1)

Revocation process. The planning and zoning committee will hold a public hearing following procedures set forth in subsection (a) of this section, after providing written notice to the permittee of the conditional use permit citing the violation or compliance issues with the permit.

(2)

Once notified in writing by the county, the permittee shall be allowed to present evidence on his/her behalf in writing and shall attend the public hearing.

(3)

After public hearing, the planning and zoning committee may revoke or modify the conditional use permit.

(Ord. No. 2022-12, § 11.05(a), 10-11-2022)

Except where such uses are not allowed by conditional use within the A-1 and N districts (per article IV, division 2, subdivisions VII and XII, respectively, of this chapter), the following public and semi-public uses shall be conditional uses. Wherever allowed, such uses shall also be subject to the included standards below:

(1)

Airports, airstrips, landing field, and helicopter landing areas, provided that these facilities meet the regulations contained in Wis. Stats. ch. 114.

(2)

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

(3)

Utilities and all towers such as radio and television (except in R-1, R-2, W, S districts) with associated buildings, but not including studios, or telecommunication towers. Telecommunication towers and facilities shall be regulated as set forth in article V of this chapter.

(4)

Public passenger transportation terminals such as heliports, bus and rail depots, provided that all principal structures and uses are not less than 100 feet from any residential lot line.

(5)

Public, private and parochial preschool, elementary and secondary schools, and churches, provided the lot area is not less than one acre and all principal structures and uses are not less than 50 feet from any lot line.

(6)

Institutions. Colleges, universities, hospitals, sanitaria, religious, charitable, penal, and correctional institutions; cemeteries and crematoria, provided that all principal structures and uses are not less than 50 feet from any lot line.

(Ord. No. 2022-12, § 11.05(b), 10-11-2022)

Mineral extraction and processing operations are conditional uses in the following zoning districts: I, A-1, A-2, A-T. Such operations include mining, quarrying, borrow pits, crushing, washing, or other removal or processing of mineral resources, the erection of buildings and the installation of necessary machinery used in said extraction or processing, and the preparation of hot blacktop mix and ready-mixed concrete. Mineral extraction and processing uses shall be subject to the following standards where allowed:

(1)

Where, in the A-1 district only, the operation and its location shall be consistent with the purposes of the A-1 district and are reasonable and appropriate, considering alternative locations outside the A-1 district, or are specifically approved under state or federal law.

(2)

The operation shall be designed to minimize the conversion of land around the extraction site from agricultural use or open space use.

(3)

The operation shall not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

(4)

No such operation shall commence, no such operation shall be expanded onto land, under separate ownership on the effective date of the ordinance from which this chapter is derived, and no operation which has been abandoned for a period of 12 months or longer shall be renewed, except in compliance with the provisions of this article and article V of this chapter and after a conditional use permit has been obtained.

(5)

The operation shall comply with Wis. Stats. ch. 295, subch. I and rules promulgated under that subchapter, with applicable provisions of the local provisions under Wis. Stats. § 295.13.

(6)

Application for the conditional use permit shall include an adequate description of the proposed operation; a list of equipment, machinery, and structures to be used; the source, quantity, and disposition of any water which will be used; a topographic map of the site showing existing contours with minimum vertical contour intervals of two feet, trees and other ground cover, proposed and existing roads, and all buildings and property owners' names within 500 feet of the site boundaries; the depth of all existing and proposed excavations; and a restoration plan.

(7)

An applicant shall have an approved reclamation plan and permit (Wis. Admin. Code ch. NR 135) from the county land and water conservation department. The planning and zoning committee may review and approve a conditional use permit contingent on receiving the reclamation plan and permit from the land and water conservation department.

(8)

The applicant shall furnish the sureties which will enable the county to perform the planned restoration of the site in the event of default by the applicant. The amount of such sureties shall be based upon reasonable cost estimates, and the form and type of such sureties shall be approved by the county's legal counsel.

(9)

The conditional use permit shall be in effect for a specified period of time, but not less than one year nor more than ten years. It may be renewed upon application, at which time additional conditions or modifications may be imposed.

(10)

The committee shall consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character, and land value of the locality, and shall also consider the practicality of the proposed restoration plan for the site.

(11)

Excavating and other operations and activities producing noise, smoke, or dust shall not take place within 300 feet of a residence, or within 500 feet of a school or institution.

(12)

No excavation shall take place within 50 feet of a lot line.

(13)

Screening in accordance with section 22-677 shall be required.

(Ord. No. 2022-12, § 11.05(c), 10-11-2022)

Pursuant to the provisions of Wis. Stats. § 93.90, the county adopts and incorporates into this article and article V of this chapter the provisions of Wis. Stats. § 93.90 and Wis. Admin. Code ch. ATCP 51 inclusive of all future amendments to any provisions of these sections.

(1)

Fowl and feedlot facilities (non-ATCP-51 livestock facilities).

a.

Location. The proposed operation should not conflict with existing land uses or planned future uses of the residences. The site should not negatively impact environmental corridor areas.

b.

Water contamination. The necessary structures of facilities should be provided to prevent wastes from entering surface and subsurface waters.

c.

Waste management. The necessary means should be available to properly manage or to recycle a volume of wastes greater than that which is anticipated from the operation.

(2)

Wis. Admin. Code ch. ATCP 51 livestock facilities (cattle, swine, poultry, sheep or goats).

a.

ATCP 51 provisions. These provisions are applicable as well as are the provisions of sections 22-581(a) and (f) and 22-60.

b.

Administration. The political subdivision for the purpose of these provisions is the county planning and zoning committee.

c.

Fees. Fees in an amount as provided in the county fee schedule, for conditional use review payable to the county planning and zoning department, and in an amount as provided in the county fee schedule for completeness review, payable to the county land and water conservation department.

d.

Certification of construction compliance. The permittee shall certify in writing by a professional engineer or a person with appropriate engineering job approval according to NRCS standards that the animal waste storage was installed or closed as planned. A copy of the signed certification sheet shall be given to the land and water conservation department within one month of completion of installation or closure. Any approved changes made to the animal waste storage facility plan or closure design shall be specified in the certification. Land and water conservation department personnel may conduct site inspections during and following construction to determine that the facility was installed or closed as planned and designed. This certification shall be filed at least ten days prior to population of the facilities by the animal unit count approved under the permit.

e.

Inspections. The county may conduct periodic inspections as may be deemed appropriate. Written notice shall be sent by the county planning and zoning department to the livestock facility with consent from the owner or agent thereof prior to entering the premises for the purpose of determining compliance with the conditional use permit. If the facility owner refuses to give permission for the inspection, the county has the authority to seek inspection warrants under Wis. Stats. § 66.0119. The use of such inspection warrants would normally be a last resort.

f.

Compliance and enforcement. Failure to comply with Wis. Admin. Code ch. ATCP 51, subch. II, representations made in the application for approval and subsequently the conditional use permit shall constitute a violation of this chapter that may result in any or all actions stated in subsections (2)f.1 through 3 of this section. Annually, the owner shall provide statements from the agricultural consultant that the operation remains in compliance with the standards in Wis. Admin. Code ch. ATCP 51, subch. II, and the conditional use permit.

1.

Citations as prescribed in the county citation provisions.

2.

Other legal remedies as prescribed in sections 22-19 and 22-20.

3.

Withdrawal of approval by the committee as prescribed in Wis. Admin. Code ch. ATCP 51. Use of this process would require a public hearing to gather testimony utilizing procedures prescribed in section 22-581(a) and notice as prescribed in section 22-60 for conditional uses.

g.

Appeals. Appeals of the committee decisions on such matters would be made to the livestock facility review board as described in Wis. Admin. Code ch. ATCP 51 and Wis. Stats. § 93.90(5).

h.

Authorization for changes. Authorization for changes to an approved conditional use under this article and article V of this chapter may be made upon request by the owner or agent to the committee at a regularly scheduled committee meeting if it is determined that such changes are only for the purpose of modifying the type of practices necessary to comply with state standards identified in Wis. Admin. Code ch. ATCP 51, subch. II, and does not impact the number of animals proposed or negatively change the odor index score. If the proposed change does not comply with the above statements, then the normal conditional use process would be applicable.

(Ord. No. 2022-12, § 11.05(d), 10-11-2022)

All mobile home parks shall be conditional uses and shall conform to the following standards:

(1)

Minimum size: 20 acres.

(2)

Minimum lot size per mobile home: 5,000 square feet.

(3)

Minimum lot width: 50 feet.

(4)

Minimum distance between mobile home and lot line: ten feet; service road: ten feet.

(5)

Water and sewer. Each mobile home lot shall be connected to either public or private water supply and sewage disposal systems, in accordance with Wis. Admin. Code ch. ADM 65, approved by the appropriate state agency.

(6)

Solid waste: Each mobile home lot shall have adequate garbage and refuse disposal service.

(7)

Recreation area: At least five percent of the total area of each park shall be designated as a recreation area with play equipment furnished and maintained by the park owner.

(8)

Roads and parking: All roadways, parking areas, and walkways shall be hard surfaced. Roadways shall be a minimum of 66 feet in width and adequately lighted. The planning and zoning committee may permit a roadway of less than 66 feet, as requested by the applicant. The committee shall review the reasons for the reduced road width and the ability for the public and emergency vehicles to access the campground. There shall be one off-street parking space for each mobile home and additional parking spaces for automobiles within the park, totaling not less than two parking spaces for each mobile home lot.

(9)

No mobile home sales office or other business or commercial use shall be located on the mobile home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage, and one office are permitted.

(10)

Pad: Each mobile home shall be placed upon a washed rock or hard-surfaced pad or foundation with six tie-down anchors.

(11)

All mobile homes shall meet the construction standards of the mobile home manufacturing association, and all state, federal and local codes.

(Ord. No. 2022-12, § 11.05(e), 10-11-2022)

All campgrounds shall be conditional uses and shall conform to the following standards:

(1)

The minimum size of any campground shall be 40 acres in gross area.

(2)

The maximum number of travel trailers or campsites shall be 20 per acre as computed from the gross area of the park or campgrounds, and in no case shall the square feet of each site be less than 2,000 square feet.

(3)

Before beginning operation of any camp, 50 percent of the sites and 100 percent of the facilities shall be completed.

(4)

In addition to the setback from the right-of-way of any state, county, or town road, all campgrounds shall have a boundary zone of 40 feet between any campsite and any side or rear lot line.

(5)

The minimum width of roads within campgrounds shall be two rods or 33 feet.

(6)

All access roads to and from the campgrounds shall be well lighted and hard surfaced with asphalt or better materials.

(7)

Every campground shall conform to all applicable state laws and Wis. Admin. Code ch. ATCP 79, as amended from time to time.

(8)

All wiring within a camp must conform to state electrical codes.

(9)

Designated spots on each site will be marked or constructed for outside cooking or the building of campfires, and no fires will be allowed outside of these designated areas.

(10)

The perimeter of the camping area or perimeter of the parcel must be fenced and screened as required by the planning and zoning committee.

(Ord. No. 2022-12, § 11.05(f), 10-11-2022)

(a)

License required. It shall be unlawful for any person, firm, or corporation to establish, maintain, conduct, or operate a solid waste disposal operation without first obtaining a conditional use permit and an annual license from the committee.

(b)

Application requirements. Application shall be in writing to the zoning administrator and shall include:

(1)

Location and description of the premises to be licensed.

(2)

Nature of the operation to be conducted.

(3)

Type of solid waste material to be disposed of, and the detailed method of disposal of the material.

(4)

Construction details of any buildings to be used in connection with the operation.

(5)

Description of all land uses within 1,000 feet of the premises.

(6)

Name and address of the owner and of all persons who will directly participate in the management of the site.

(7)

Any additional information deemed necessary by the zoning administrator for full evaluation of the proposed operation.

(c)

Procedure. The review and approval procedure in section 22-581 shall apply for the initial issuance of a license. All licenses shall expire on July 31 and may be renewed by the committee upon satisfactory evidence that the license and the operation remain in compliance with this article and article V of this chapter.

(d)

Requirements. All solid waste disposal operations shall in all respects comply with the solid waste disposal standards of the department of natural resources (DNR), and the standards of any other state agency having control over the type of operation involved.

(e)

Location. No solid waste disposal operation shall be located within 500 feet of any residence other than the owner of the premises or any residential, business, community, or waterfront district; 300 feet from a lake, river, or stream unless otherwise out of view of the public; or 150 feet from any highway right-of-way.

(f)

Screening requirements. Screening requirements of section 22-677 shall apply.

(g)

Revocation. Upon the complaint of the zoning administrator or one or more interested persons, the committee may, after notice and public hearing, revoke a license issued hereunder for violation of this chapter or the solid waste disposal standards referred to herein.

(Ord. No. 2022-12, § 11.05(g), 10-11-2022)