This ordinance is adopted under the authority granted by Wis. Stats. §§ 59.69, 59.694 and 87.30 and ch. 91 and amendments thereto. The Board of Supervisors of the County of Walworth, Wisconsin, do ordain as follows:

(Ord. No. 879-09/14, pt. I, 9-4-14)

This ordinance shall be known as, referred to, and cited as the "Zoning Ordinance, Walworth County, Wisconsin" and hereinafter referred to as the "ordinance."

The purpose of this ordinance is to promote the comfort, health, safety, prosperity, aesthetics, and general welfare of the County and its communities and to protect the natural and agricultural resources and environmental corridors, as identified and mapped in the County Land Use Plan, the Farmland Preservation Plan, the Regional Natural Areas and Critical Species Habitat Protection and Management Plan for Southeastern Wisconsin, the County Park and Open Space Plan, and/or on the County Zoning Map.

Further purposes include utilizing conservation development design to encourage restoration of previously drained wetlands, reforesting former woodlands, replanting native species of grasses and wildflowers in reclaimed prairies, and utilizing storm water management strategies to replenish aquifers and to recharge groundwater supplies through infiltration measures, and to minimize surface runoff, wherever feasible.

In addition, conservation development design is recognized as a practical tool to help protect interconnected networks of open space, to protect water resources, to sustain a diversity of native vegetation and wildlife, and to help establish substantial buffers along scenic roadways, existing protected land, and actively-worked farmland.

(Amd. of 7-13-04; Ord. No. 684-08/11, pt. I, 8-9-11; Ord. No. 879-09/14, pt. II, 9-4-14)

It is the general intent of this ordinance to:

(1)

Regulate the use of all structures, lands, and waters outside of the shoreland areas of Walworth County;

(2)

Regulate lot coverage, population density and distribution, and the location and size of all structures outside of the shoreland areas of Walworth County;

(3)

Secure safety from fire, flooding, panic, and other dangers;

(4)

Provide adequate light, air, sanitation and drainage;

(5)

Further the appropriate use of land and conservation of natural resources;

(6)

Obtain the wise use, conservation, development, and protection of the County's water, soil, wetland, woodland, and wildlife resources and attain a balance between land uses and the ability of the natural resource base to support and sustain such uses;

(7)

Prevent overcrowding and avoid undue population concentration and urban sprawl;

(8)

Stabilize and protect the natural beauty and property values of the County;

(9)

Lessen congestion in and promote the safety and efficiency of the streets and highways;

(10)

Facilitate the adequate provision of public facilities and utilities;

(11)

Preserve natural growth and cover and promote the natural beauty of the County;

(12)

Implement those municipal, County, watershed, or regional comprehensive plans or their components adopted by the County;

(13)

Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;

(14)

To preserve the beauty and rural character of the County through the permanent preservation of meaningful open space and sensitive natural resources;

(15)

To preserve prime agricultural land by concentrating housing on lands that have low agricultural potential;

(16)

To provide commonly-owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community;

(17)

To provide a diversity of lot sizes, housing choices and building densities to accommodate a variety of age and income groups;

(18)

To provide buffering between residential development and non-residential uses;

(19)

To meet demand for housing in a rural setting;

(20)

To provide an opportunity to create an interconnected network of protected lands;

(21)

To protect the quality and abundance of ground water resources; and

(22)

To protect and restore environmentally sensitive areas, biological diversity, minimize disturbance to existing vegetation, and maintain environmental corridors.

Additionally, it is intended to provide for the administration and enforcement of this ordinance and to provide penalties for its violation.

(Amd. of 7-13-04)

It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, wherever this ordinance imposes greater restrictions the provisions of this ordinance shall govern.

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements liberally construed in favor of the County and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes. This ordinance shall be interpreted and applied in its entirety and shall be consistent with the purpose and intent of this ordinance. Where a provision of this ordinance is required by a standard in Chapters NR 115 and NR 116, Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Chapters NR 115 and NR 116 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.

(Ord. of 6-11-02; Ord. No. 575-09/09, pt. I, 9-8-09)

If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby. This ordinance shall not create a liability on the part of, or a cause of action against, the County or any office or employee thereof for any damages that may result from reliance on this ordinance.

If any application of this ordinance to a particular structure, land or water is adjudged unconstitutional or invalid by a Court of competent jurisdiction, such judgement shall not be applicable to any other structure, land, or water not specifically included in said judgement.

The County does not guarantee, warrant, or represent that those soils listed as being unsuited for specific uses are the only unsuitable soils, and hereby asserts that there is no liability on the part of the Board of Supervisors, its agencies, or employees for any flood damage, sanitation problems, or structural damages that may occur as a result of reliance upon, and conformance with, this ordinance.

(Ord. of 6-11-02)

All prior County ordinances, or parts of ordinances and amendments thereto conflicting with this ordinance, are hereby repealed and superseded by this ordinance.

All other ordinances enacted by the County under Wis. Stats. §§ 59.69, 59.692, 59.694 and 87.30 relating to floodlands and shorelands, including the "Shoreland Zoning Ordinance for Walworth County" adopted by the board of supervisors on January 12, 1971, are hereby repealed and superseded by this ordinance.

This ordinance shall be effective after a public hearing, recommendation by the County Zoning Agency, and hereafter referred to as Committee; adoption by the County Board of Supervisors; and publication or posting as provided by law.

(Ord. of 6-11-02; Amd. of 4-22-04)

The proper regulation of the use of certain structures, lands, and waters, only through the use of the zoning districts contained within this ordinance, is neither feasible nor adequate. Therefore, the following regulations, which shall be applied in addition to the district regulations, are necessary to accomplish the intent of this ordinance.

The provisions of this ordinance shall apply to all structures, land, water and air within the unincorporated areas of Walworth County, Wisconsin, except shorelands.

No structure, land, water or air shall hereafter be used or developed, and no structure or part thereof shall hereafter be located, erected, moved, constructed, reconstructed, modified, extended, enlarged, converted, or structurally altered without a zoning permit and without full compliance with the provisions of this ordinance and all other applicable local, County, and State regulations.

No lot, yard, parking area, building area, or other space shall be reduced in area or dimensions so as not to meet the provisions of this ordinance. No part of any lot, yard, parking area, or other space required for a structure or use shall be used to meet the requirements for any other structure or use.

No obstruction shall be permitted in any district above the height of two and one-half feet above the plane through the mean centerline roadway grades within the triangular space formed by any two existing or proposed intersection street or alley right-of-way lines and a line joining points on such lines located 50 feet from their point of intersection.

Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building, or part thereof, for which a zoning permit has been issued before the effective date of this ordinance and the construction of which shall have been completed within 24 months from the date of such permit.

The Zoning Administrator shall accept all applications, issue or deny all zoning permits, investigate all complaints, give notice of violations, and enforce the provisions of this ordinance. All violations of this ordinance shall be reported to the corporation counsel who shall bring action to enforce the provisions of this ordinance.

Access. The Zoning Administrator and his deputies shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this ordinance. If, however, they are refused entry after presentation of proper identification, they may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.

(Ord. No. 591-12/09, pt. II, 12-15-09; Ord. No. 1049-06/17, pt. I, 6-13-17)

Principal uses and their essential principal services specified for a district are permitted uses within the district:

(1)

Principal uses specified for a district.

(2)

Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Uses accessory to residential district developments shall not involve the conduct of any business, trade or industry except for home occupations, minor home occupations and professional home office as defined and permitted herein. An accessory structure cannot contain a separate dwelling unit.

Accessory structure, size, height and locational requirements. The size (square footage at ground floor elevation) of accessory structures shall be based on lot area. The lot area shall be considered the net area less areas zoned C-1 and C-4.

The total accessory structure floor area shall be calculated as follows:

Parcel from 0 to 12,000 square foot is limited to 10% of lot area in accessory structures;

Parcel 12,001 sq. ft. to 40,000 sq. ft. is limited to 1,650 sq. ft. of accessory structures;

Parcel 40,001 sq. ft. to 1.99 acres is limited to 2,150 sq. ft. of accessory structures;

Parcel 2 acres to 2.99 acres is limited to 2,650 sq. ft. of accessory structures;

Parcel 3 acres to 3.99 acres is limited to 3,150 sq. ft. of accessory structures;

Parcel 4 acres to 4.99 acres is limited to 3,650 sq. ft. of accessory structures;

Parcel 5 acres or more is limited to 2% of lot area in accessory structures.

The height and location of accessory structures shall be as follows:

Accessory structures are permitted in the rear and side yards of all lots, and in the street yards of waterfront lots, flag lots, through lots, corner lots and lots of one acre or more in size. When located in the side yard and the street yard, they shall not be closer than the minimum required side yard, rear yard and street yard setback. Only boathouses, boat hoists, and piers shall be permitted in the shoreyard.

Accessory structures 1,200 square feet or less in size shall not exceed 17 feet in height, and accessory structures 1,201 square feet to 1,650 square feet in size shall not exceed 20 feet in height. When located in the side yard they shall conform to the setbacks required by the zone district and/or division 7 of this article. When located in the street yard, they shall not be closer than the minimum required side yard, rear yard and street yard setback except an alley which shall be at least five feet. When located in the street yard on waterfront lots, they shall not be located closer than three feet to the lot line, five feet to an alley line, nor ten feet to the road right-of-way. When located in the rear yard they shall conform to the street setbacks required by the zone district and/or division 7 of this article and not be located closer than three feet to the lot line.

Accessory structures greater than 1,650 square feet shall not exceed 25 feet in height, and shall maintain the setbacks required by the zone district for the principal structure.

The above size, height, and locational requirements are applicable to accessory structures used for residential purposes in all zone districts where they are a permitted or conditional use. The requirements are not applicable to boathouses, accessory structures used for agricultural purposes in the A-1, A-2, and A-3 districts nor for accessory structures used for business, industrial, public, or recreational purposes.

(3)

Fences. No fence shall be permitted in any district above the height of two and one-half feet above the plane through the mean centerline roadway grades within the triangular space formed by any two existing or proposed intersection street or alley right-of-way lines and a line joining points on such lines located 50 feet from their point of intersection.

Fences are permitted on the property lines, but shall not in any case exceed a height of six feet in the side and rear yards; shall not exceed a height of six feet in the street yard and shall not be closer than two feet to any existing right-of-way.

Fences along freeways are permitted on the property lines but shall not exceed a height of ten feet.

Entrance pillars may be permitted on either side of the driveway/ access to the lot provided the pillars shall not be closer than two feet to any right of way, shall not exceed two feet in width and shall not exceed six feet in height.

Security fences more than six feet in height of an open type similar to woven wire or wrought iron, are permitted on the property lines in all districts except residential and conservation districts, but shall not exceed ten feet in height and shall not be closer than two feet to any existing public right-of-way.

Screening fences of a closed type may be permitted in all business, industrial and park districts provided it does not exceed ten feet in height, and shall not be closer than 25 feet to any right of way and ten feet to a property line (except salvage yards - see division 4).

Agricultural fences in agricultural and conservation districts are regulated under Wis. Stats. ch. 90.

(4)

Conditional uses and their accessory uses may be permitted in specified districts after review, public hearing, and approval by the Committee in accordance with procedures and standards established in division 4 of this article.

(5)

Principal uses not specified in this section may be permitted by the Board of Adjustment after the Committee has made a review and written recommendation and provided that such uses are similar in character to the permitted uses in the district.

(6)

Conditional uses not specified in this ordinance may be permitted by the Board of Adjustment after the Committee has made a review and written recommendation and provided that such uses are similar in character to the conditional uses in the district.

(7)

Special exceptions may be permitted by the Board of Adjustment:

a.

For a structure that would otherwise not be permitted by ordinance so that a disabled person may enter or exit a residence on the property or gain access to a pier, as provided for under division 10 of this ordinance.

b.

For an existing substandard structure's yard requirements in accordance with 74-111.

(8)

Temporary uses, such as shelters for materials and equipment being used in the construction of a permanent structure and temporary living quarters beyond that permitted in (9), may be permitted by the Board of Adjustment, as provided for under section 74-111 of this chapter.

(9)

Temporary living quarters while constructing a new single family residence is permitted in any district that permits a single family residence as a principal use provided all of the following minimum requirements are met:

a.

Approval is limited to 18 months or occupancy, whichever comes first with the removal of the temporary living quarters within 60 days of occupancy of the new single family residence.

b.

Signed and notarized agreement to abate temporary quarters, on forms provided by the Zoning Administrator, to be recorded in the register of deeds office.

c.

Shall be required to meet district setback requirements.

d.

Shall have an issued zoning permit for the new single family residence.

e.

Shall comply with well and sanitary regulations.

(10)

Performance standards listed in division 8 shall be complied with by all uses in all districts, except where specifically exempted in division 8.

(11)

Food trucks are permitted as a residential accessory use without a permit and subject to the following conditions:

a.

The food truck serves only guests of a customary residential gathering such as a family reunion, wedding anniversary, graduation party, or auction.

b.

The food truck hours are limited to the hours of 9:00 a.m. to 11:00 p.m.

c.

Parcels of less than one-half acre shall be limited to one food truck; parcels of one-half acre to one acre shall be allowed two food trucks; and parcels over one acre shall be allowed three food trucks.

d.

Food truck use shall be limited in frequency to once in any 90 day period or no more than twice in one year.

(12)

Food trucks are permitted as an accessory use without a permit for community events organized by a municipality.

(Ord. of 6-11-02; Amd. of 4-19-05; Ord. No. 353-04.06, pt. 1, 4-20-06; Ord. No. 428-04/07, pt. I, 4-17-07; Ord. No. 445-07/07, pt. I, 7-10-07; Ord. No. 474-01/08, pt. I, 1-8-08; Ord. No. 560-06/09, pt. I, 6-9-09; Ord. No. 591-12/09, pt. III, 12-15-09; Ord. No. 613-05/10, pt. I, 5-11-10; Ord. No. 686-08/11, pt. I, 8-9-11; Ord. No. 1049-06/17, pt. II, 6-13-17; Ord. No. 1171-06/19, pt. I, 6-11-19; Ord. No. 1273-05/22, pt. I, 5-10-22)

All lots shall abut upon a public street or other officially approved right-of-way for a frontage of at least 50 feet; all principal structures shall be located on a lot; and, except in the A-1, A-2, A-3, P-1, P-2, R-4, R-5, R-6, R-8 and B-5 Districts or as otherwise provided for in this ordinance as a planned residential development or a planned unit development, only one principal structure shall be located, erected, or moved onto a lot.

No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedications has not been secured.

Width and area of all lots not served by a public sanitary sewage system or other approved system shall be sufficient to permit the use of a private on-site wastewater treatment system (POWTS) designed in accordance with the County sanitary ordinance.

The width of all lots which have soils suitable for the use of a private onsite wastewater treatment system shall not be less than 150 feet and the area of all such lots shall not be less than 40,000 square feet per dwelling unit to be constructed on the lot.

The width and area of all lots shall meet each of the minimum district requirements. A road/street separates a parcel of land provided there is at least 150 feet in lot width, 40,000 square feet in lot area and 50 feet of frontage on an officially approved way.

Maintenance easements for the purpose of providing limited right of vehicle ingress/egress to unmanned uses such as utilities, dams, cell towers, renewable energy, sanitary sewers, etc. necessary to provide a needed public service are permitted to be reduced to a 15-foot wide easement. The 15-foot wide maintenance easement shall be a limited access easement to facilitate repairs and maintenance only. The limited access easement shall be of adequate soil conditions or surfacing to withstand loads produced by standard equipment and provide limited ingress and egress connecting to a street or other officially approved way.

All land divisions which encompass divisions resulting in parcels of land less than 35 acres which are not otherwise controlled by the Walworth County subdivision control ordinance, shall be subject to a review process under this ordinance. The review process shall also include the sale or exchange of parcels or portions thereof of land between owners of adjoining property to assure additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this ordinance or other applicable laws or ordinances. The review process shall use the appropriate application form and an instrument prepared by a registered land surveyor licensed in the State.

(Amd. of 4-19-05; Amd. of 5-10-05; Ord. No. 391-10/06, pt. I, 10-10-06; Ord. No. 428-04/07, pt. II, 4-17-07; Ord. No. 472-12/07, pt. I, 12-11-07; Ord. No. 591-12/09, pt. IV, 12-15-09)

No private onsite wastewater treatment system or parts thereof shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or their use changed without a sanitary permit and without full compliance with the County sanitary ordinance. Where public water supply systems are not available, private well construction shall be required to conform to ch. NR 811 and 812, Wisconsin Administrative Code.

No zoning permit shall be issued until a safe and adequate water supply and sewage disposal system is assured and a sanitary permit is issued.

(Amd. of 5-10-05)

Tree cutting, shrubbery clearing, and earth movements shall be conducted in accordance with the county's conservation standards and, except as provided below, shall require a zoning permit and a conservation plan. In addition, the county zoning administrator may, where appropriate, require an applicant to furnish a surety to enable the county to carry out land restoration work in the event of default by the applicant in carrying out an approved conservation plan. The amount of such surety shall be determined by the zoning administrator, and the form and type of all sureties shall be approved by the park and planning commission. The county zoning administrator may, as appropriate, request a review of the proposed cutting, clearing, or earth movement activity by the Wisconsin Department of Natural Resources, the USDA Natural Resource Conservation Service, or other appropriate agency, and await their comments and recommendations before issuing a zoning permit but not to exceed 30 days. All cutting, clearing, and earth movement activities shall be so conducted as to prevent erosion and sedimentation and preserve the natural beauty of the county. Paths and trails shall not exceed ten feet in width and shall be so designed and constructed as to result in the least removal and disruption of natural ground cover and minimum impairment of natural beauty. The following activities shall be conducted in accordance with the county's conservation standards, but shall not require a zoning permit:

(1)

Normal excavation for structural foundations, driveways, on-site sewage disposal systems, swimming pools, and utility installations for single-family and two-family dwellings.

(2)

Other excavations not exceeding 10,000 square feet in area on property not abutting a lake or stream.

(3)

Normal plowing and working of land for gardens and yards.

(4)

Normal trimming, pruning, and shearing of trees and shrubs for agriculture and maintenance.

(5)

Removal of dead, diseased, or insect-infested trees or shrubs.

(6)

Earth movements related to essential farming and other agricultural activity, including sod farming.

(7)

Public road construction.

(8)

Drain tile laying.

(9)

Removal of trees and shrubs for site preparation purposes in connection with construction of single-family or two-family dwellings.

(10)

Forest management activities such as timber harvesting and timber stand improvement.

No waste materials, such as garbage, rubbish, gasoline, fuel oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be so located, stored, or discharged in a way that would be likely to run off, seep, or wash into surface of ground waters.

(Ord. No. 591-12/09, pt. V, 12-15-09)

In addition to any other applicable use, site, or sanitary regulation, the following restrictions and regulations shall apply to all lands having slopes of 12 percent or greater as shown on the operational soil survey maps prepared by the U.S. Natural Resource Conservation Service in cooperation with the Southeastern Wisconsin Regional Planning Commission and which are on file with the zoning administrator:

(1)

All construction of public and private roads shall be of sound engineering design and shall be so treated so as to prevent erosion in accordance with the county's conservation standards.

(2)

Tillage and grazing is permitted only if conducted in accordance with the county's conservation standards. Spreading of manure or fertilizer on frozen ground and establishment of feed lots shall be prohibited when such practice would cause direct runoff of pollutants into a drainageway or watercourse.

(3)

Tree cutting and shrubbery clearing for the purpose of changing land use from wildlife or woodlot management shall be conducted in accordance with the county's conservation standards and shall completely prevent erosion and sedimentation and promote the preservation of scenic beauty.

(Ord. No. 591-12/09, pt. VI, 12-15-09; Ord. No. 1171-06/19, pt. II, 6-11-19)

In addition to any other applicable use, site, or sanitary regulation, the following restrictions and regulations shall apply to the following lands as shown on the operational soil survey maps prepared by the U.S. Natural Resource Conservation Service for the Southeastern Wisconsin Regional Planning Commission and which are on file with the zoning administrator.

Tillage is permitted on the following organic and sandy soils, which soils are subject to wind erosion, only if conducted in accordance with the county's conservation standards.

Tillage and grazing is permitted on all lands having an erosion factor of three only if conducted in accordance with the county's conservation standards.

(Ord. No. 591-12/09, pt. VII, 12-15-09)

In addition to any other applicable use, site or sanitary regulations, the following restrictions and regulations shall apply to the following soils as shown on the operational soil survey maps prepared by the U.S. Natural Resource Conservation Service for the Southeastern Wisconsin Regional Planning Commission and which are on file with the zoning administrator:

Because of their erodibility and very low agricultural capabilities, tillage is permitted on the following rough, broken, sandy, stony, or escarpment soils only when conducted in accordance with the county's conservation standards:

Farm drainage systems may be installed on the following soils, which soils are subject to a flooding hazard and which have generally unsuitable soil characteristics for an operative drainage system, only if installed in accordance with the county's conservation standards:

Because of very severe limitations for pasturing, grazing is permitted on the following soils only when conducted in accordance with the county's conservation standards:

(Ord. No. 591-12/09, pt. VIII, 12-15-09)

(a)

Household pets shall be permitted in all zoning districts; provided that not more than four dogs or four cats are kept on any one premises, and provided further that no animals, or pets are bred or reared on such premises for commercial purposes or sold therefrom. Notwithstanding the foregoing, however, offspring of permitted household pets may be kept and sold from the premises for a period of up to eight months.

(b)

All animals other than household pets shall be permitted only in the agricultural, C-1 and C-2 conservation districts, P-1 and P-2 park districts and the B-5 business district. Structures used for the housing of animals, other than household pets, must be located at least 100 feet from the side and rear property lines. Commercial feedlot structures for a commercial feedlot for 500 or more agricultural animals shall be at least 100 feet from property lines. Livestock structures for a livestock facility for 500 to fewer than 1,000 animal units shall be at least 100 feet from property lines. Livestock structures for a livestock facility for 1,000 animal units or more shall be at least 200 feet from property lines and 150 feet from an access right-of-way.

For animal units not listed, the equivalency to animal units shall be based on live animal weights, the characteristics of the manure, including nutrient content or pollutant concentration, or a combination of both. In those cases, 1000 pounds of live weight is equivalent to one animal unit. The current NR243 rules should be consulted for any changes to the equivalencies.

(c)

Chickens shall also be permitted in the R-1, R-2, R-3, R-5, R-5A and C-3 districts provided:

(1)

Chickens shall be female only. No roosters are permitted.

(2)

No more than six chickens allowed on the parcel.

(3)

Single family residence only.

(4)

Chickens are permitted with a legal non-conforming zoned residence, duplex, tri-plex or multi-family structure, if permission is granted by owner/landlord/ association and parcel has no more than six chickens total, regardless of the number of dwelling units on the parcel.

(5)

No chickens are permitted in mobile home parks.

(6)

Towns, homeowners association and/or private restrictions can prohibit chickens or be more restrictive than this ordinance.

(7)

Chickens must be kept on owners property at all times.

(8)

A structure to house the chickens shall not exceed 100 square feet, shall be movable, shall be at least ten feet from side and rear property lines and shall be at least 20 feet from a residence, not including the residence on the subject parcel.

(9)

The subject property shall be kept clean, sanitary, no excessive odor, noise, pests or other nuisance allowed and shall provide for free movement of chickens.

(d)

Chickens in the agricultural and C-2 district(s) may modify the requirements of (b) above provided:

(1)

A new structure to house up to 12 female chickens shall be permitted within the 100-foot setback requirement provided the structure does not exceed 100 sq. ft. in size, shall be movable, shall be at least ten feet from side and rear property lines, and shall be at least 20 feet from a residence, not including the residence on the subject parcel.

(2)

Structures that legally existed prior to November 21, 2013 that are more than 100 square feet in size and meet a minimum ten-foot side and rear yard setback requirements and are at least 20 feet from a residence, not including the residence on the subject parcel, are permitted to have no more than 12 female chickens.

(3)

Towns, homeowners association and/or private restrictions can prohibit chickens or be more restrictive than this ordinance.

(4)

Chickens must be kept on owner's property at all times.

(5)

The subject property shall be kept clean, sanitary, no excessive odor, noise, pests or other nuisance allowed and shall provide for free movement of chickens.

(Amd. of 8-9-05; Ord. No. 591-12/09, pt. IX, 12-15-09; Ord. No. 740-09/12, pt. I, 9-6-12; Ord. No. 837-02/14, pt. I, 2-11-14; Ord. No. 879-09/14, pt. III, 9-4-14; Ord. No. 938-07/15, pt. I, 7-14-15; Ord. No. 1194-11/19, pt. I, 11-12-19)

A minor home occupation/professional home office shall include such uses as a home office, data processing, telephone answering, direct sale product distribution (Amway, Tupperware, Avon, Shaklee, etc.), dressmaking, sewing, tailoring, contractor sewing machine, jewelry making, typing/word processing, tutoring, music lessons, and computer programming.

In addition to any other applicable use, site or sanitary regulations, the following restrictions and regulations shall apply to minor home occupations/professional home office:

(1)

Be limited to the principal structure.

(2)

Shall not exceed 25 percent of the area of any floor.

(3)

Shall be incidental and secondary to the principal use of the residence.

(4)

No outside storage.

(5)

Shall be limited to the resident(s) of the parcel.

(6)

Shall be no employees on the parcel or employee vehicles except for resident and residents vehicles.

(7)

No on-site retail sales or display areas.

(8)

Deliveries—limited to typical residential deliveries.

(9)

Parking—sufficient on-premises parking to handle activity.

(10)

One business vehicle (Pickup truck, truck, commercial trailer, cargo van with a gross vehicle weight of 10,000 pounds or less is permitted on the parcel which is licensed as a truck and is used to transport property or equipment for business purposes.) For the purposes of this section, a commercial pickup truck is defined as any open or enclosed cargo bed truck commonly referred to as a mini, ½, ¾, or one-ton pick-up with no more than six rubber tires. A commercial cargo van truck is defined as any motor vehicle commonly referred to as mini-vans, cargo vans, commercial vans, or panel truck with no more than six rubber road tires.

(11)

Signage limited to two square feet.

(12)

No use or storage of hazardous material or chemicals.

(13)

No alterations to the dwelling necessary for the purpose of supporting the home occupation such as a second kitchen, special equipment, additional plumbing, additional cooling/heating, or additional furnishings that are not typical for residential use.

(14)

No exterior entryways separate from entryways to serve the dwelling shall be created and/or provided solely for the conduct of the home business.

(15)

More than one minor home occupation may operate in a residence provided the employee is a resident of the parcel, and the total use is limited to 25 percent as if one.

(Ord. No. 591-12/09, pt. X, 12-15-09; Ord. No. 1171-06/19, pt. III, 6-11-19)

Editor's note— Ord. No. 591-12/09, pt. X, adopted December 15, 2009, amended the Code by, in effect, repealing former § 74-45, and adding a new § 74-45. Former § 74-45 pertained to reduction or joint use, and derived from the original zoning ordinance.

It shall be unlawful to construct, develop, or use any structure, or to develop or use any land, water, or air in violation of any of the provisions of this ordinance. Notice of violation(s) shall include the following information:

(1)

Name of property owner;

(2)

Physical location of violation;

(3)

Section(s) of ordinance violation.

No notice shall be required for a subsequent violation of the same rule or regulation and penalties begin immediately upon any subsequent violations of this notice. In case of any violation, the County Board of Supervisors, the zoning Administrator, the Committee, any municipality, or any owner of real estate within the district affected who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this ordinance.

(Ord. No. 1049-06/17, pt. III, 6-13-17)

Any person, firm, or corporation who fails to comply with the provisions of this ordinance or any order of the County Zoning Administrator issued in accordance with this ordinance shall, upon conviction thereof, forfeit not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1000.00) and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be enforced pursuant to Wis. Stat. § 59.69(11).

(Amd. of 5-10-05; Ord. No. 591-12/09, pt. XI, 12-15-09))

No single-family dwelling or two-family dwelling shall be erected or installed in any zoning district unless it meets all of the following:

(1)

Is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1), which meets the standards set forth in subchapters III, IV, and V of chap. ILHR 21, Wis. Adm. Code, or is set on a comparable enclosed foundation system approved by the building inspector. In townships that utilize a building officer, that officer shall require a plan approved by a registered architect, registered professional engineer, or certified building inspector to be submitted in order to ascertain that a proposed comparable foundation system provides proper support for the structure.

(2)

Is properly connected to utilities.

(3)

Shall have a minimum width of 22 feet.

(4)

Shall have a core area of living space at least 22 feet by 22 feet in size.

(Ord. of 6-11-02; Amd. of 4-22-04)

For the purpose of this ordinance, the County of Walworth, State of Wisconsin, outside the limits of incorporated villages, cities, and shorelands, is hereby divided into the following zoning districts, namely:

The boundaries of these districts are hereby established as shown on a map entitled "Zoning Map, Walworth County, Wisconsin," which accompanies and is a part of this ordinance. 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 right-of-way, or such lines extended; and lines identifying boundaries of natural resource areas, as shown by changes in vegetation, slope, and other natural resource base features; unless otherwise noted on the zoning map. All notations, references, and other information shown upon the said zoning map shall be as much a part of this ordinance as if the matter and things set forth by the said map were fully described herein.

(Ord. No. 466-11/07, pt. I, 11-13-07; Ord. No. 938-07/15, pt. II, 7-14-15; Ord. No. 1171-06/19, pt. IV, 6-11-19)

The official copy of the zoning map shall be adopted as part of this ordinance and shall be available to the public in the office of the County Zoning Administrator. The Administrator shall from time to time update the zoning map as necessary to reflect changes in zoning district boundaries effected under division 12 of this ordinance.

County zoning maps in digital format developed with geographic information systems software shall replace the hard copy zoning maps first incorporated into the zoning ordinance on August 13, 1974. Copies of the zoning maps shall be made available to the public on-line and in the office of the County Zoning Administrator.

(Ord. No. 575-09/09, pt. II, 9-8-09)

A-1 Prime agricultural land district. A Farmland Preservation District. The primary purpose of this district is to maintain highly productive exclusive agricultural lands in food and fiber production by effectively limiting encroachment of non-agricultural development and minimizing land use conflicts among incompatible uses. Such lands are generally covered by Class I, II, and III soils as rated by the U.S. Natural Resource Conservation Service and are identified in the county farmland preservation plan as farmland preservation areas identified under Wis. Stats. Ch. 91.10(1)(d) in a farmland preservation plan described in Wis. Stats. Ch. 91.12(2). As a matter of policy, it is hereby determined that the highest and best use of these lands is agriculture. All structures and improvements must be consistent with agricultural use. (Wis. Stats. ch. 91)

(1)

Principal uses.

a.

Farm residence.

b.

Dairying.

c.

Floriculture (cultivation of ornamental flowering plants).

d.

Grazing, subject to regulations in division 2.

e.

Livestock raising.

f.

Orchards.

g.

Paddocks.

h.

Plant nurseries, Christmas tree production.

i.

Poultry raising.

j.

Crop or forage production.

k.

Raising of tree fruits, nuts, and berries.

l.

Sod farming.

m.

Vegetable raising.

n.

Viticulture (grape growing).

o.

Equestrian trails for the farm family.

p.

Forest and game management.

q.

Nature trails and walks for the farm family.

r.

Apiculture (beekeeping).

s.

The separation of farm structures from farmland. The separation of the farm structures must conform with the regulations set forth in sections 74-39 and 74-40 of this ordinance; the parcel shall not be less than 40,000 square feet in area, nor greater than the larger of either five acres in area, or the acreage necessary to maintain the minimum yard required in the A-1, A-2, or A-3 district; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record deed restrictions on both the farm separation parcel and on a parcel which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the adjoining acreage without first obtaining a conditional use approval from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

t.

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

u.

Aquaculture.

v.

Undeveloped natural resource and open space areas.

w.

Commercial feed lot.

x.

Commercial egg production.

y.

Livestock Facility.

(2)

Accessory uses (permitted in accordance with 74-131).

a.

A building, structure, or improvement that is an integral part of and consistent with an agricultural use (for example but not limited to: barn, stable, greenhouse).

b.

Roadside stands not exceeding one per farm, limited to a structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises (or adjoining premises) in conformance with Wis. Stats. § 91.01(1).

c.

Minor home occupation/professional home office in conformance with Wis. Stats. § 91.01(1).

(3)

Conditional uses. See division 4 for additional requirements.

a.

Additional farm residences. The approval for more than one farm residence is limited to one per a minimum of 35 acres of A-1. If approval is granted for more than one farm residence, the residence may be separated from the farm parcel provided that any parcel so created conforms with all regulations set forth in section 74-39 and 74-40 of this ordinance, except that no such parcel shall be less than 40,000 square feet in area nor greater than the larger of either five acres in area or the acreage necessary to maintain the minimum required; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record a deed restriction on a remnant area which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm residence separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the remnant acreage without first obtaining a conditional use permit that meets all requirements of this ordinance, from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

b.

A migrant labor camp (certified under Wis. Stats. § 103.92).

c.

Mobile homes for farm laborers. The approval for a mobile home is limited to one per 35 acres of A-1 zoned land.

d.

Livestock sales facilities.

e.

Veterinarian facilities for livestock.

f.

Fur farms, wild.

g.

Land restoration.

h.

Directional signs (exceeding three).

i.

Sewage disposal plants if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

j.

Airports, airstrips, landing fields and heliports, which are related to agricultural activities (Wis. Stats. § 91.46(4)).

k.

Governmental and cultural uses, such as fire, and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

m.

Schools and churches if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

n.

Yard waste composting.

o.

Home occupations that will not impair or limit future or current agricultural use of the farm in conformance with Wis. Stats. § 91.01(1)(d).

p.

Farm family business in the A-1, Prime Agricultural Land District is a use which is accessory to an agricultural use consisting of a farm family business wedding barn and uses listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics. A farm family business may be permitted as a conditional use for farm owners if limited to existing farm residence or farm structures not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

q.

Hunting and fishing club land without structures.

r.

Slurry storage for industrial waste water of agricultural by products.

s.

Placement of any structures on remnant parcels where the separation of farm structures has been approved and separated. All structures and improvements must be an integral part of or incidental to an agricultural use (Wis. Stats. ch. 91).

t.

Hobby farms.

u.

Commercial stables and retail sales related to the stable subject to Committee review and approval.

v.

Agritainment.

(4)

Area, height and yard requirements.

Existing Substandard Lots - See section 74-92.

A-1NC Prime agricultural land holding district. The primary purpose of this holding district is to provide a temporary zoning district category for lands that are rezoned into a prime agricultural land district that are not currently designated as farmland preservation areas in the Walworth County farmland preservation plan. This district designation is to be considered temporary in nature and will be rezoned to the standard A-1 zoning district at such time as the farmland preservation plan is amended to include A-1NC zoned land as a farmland preservation area (Wis. Stats. § 91.10(1)(d)). Additionally, the purpose of this holding district is to maintain highly productive exclusive agricultural lands in food and fiber production by effectively limiting encroachment of non-agricultural development and minimizing land use conflicts among incompatible uses. Such lands are generally covered by class I, II, and III soils as rated by the U.S. Natural Resource Conservation Service and as a matter of policy, it is hereby determined that the highest and best use of these lands is agricultural. All structures and improvements must be consistent with agricultural use (Wis. Stats. ch. 91). Lands zoned A-1NC may be included with A-1 zoned land for purposes of meeting acreage requirements.

(1)

Principal uses.

a.

Farm residence.

b.

Dairying.

c.

Floriculture (cultivation of ornamental flowering plants).

d.

Grazing, subject to regulations in division 2.

e.

Livestock raising.

f.

Orchards.

g.

Paddocks.

h.

Plant nurseries, Christmas tree production.

i.

Poultry raising.

j.

Crop or forage production.

k.

Raising of tree fruits, nuts, and berries.

l.

Sod farming.

m.

Vegetable raising.

n.

Viticulture (grape growing).

o.

Equestrian trails for the farm family.

p.

Forest and game management.

q.

Nature trails and walks for the farm family.

r.

Apiculture (beekeeping).

s.

The separation of farm structures from farmland. The separation of the farm structures must conform with the regulations set forth in sections 74-39 and 74-40 of this ordinance; the parcel shall not be less than 40,000 square feet in area, nor greater than the larger of either five acres in area, or the acreage necessary to maintain the minimum yard required in the A-1, A-2, or A-3 district; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record deed restrictions on both the farm separation parcel and on a parcel which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the adjoining acreage without first obtaining a conditional use approval from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

t.

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

u.

Aquaculture.

v.

Undeveloped natural resource and open space areas.

w.

Commercial feed lot.

x.

Commercial egg production.

y.

Livestock Facility.

(2)

Accessory uses (permitted in accordance with 74-131).

a.

A building, structure, or improvement that is an integral part of and consistent with an agricultural use (for example but not limited to: barn, stable, greenhouse).

b.

Roadside stands not exceeding one per farm, limited to a structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises (or adjoining premises) in conformance with Wis. Stats. § 91.01(1).

c.

Minor home occupation/professional home office in conformance with Wis. Stats. § 91.01(1).

(3)

Conditional uses. See division 4 for additional requirements.

a.

Additional farm residences. The approval for more than one farm residence is limited to one per a minimum of 35 acres of A-1. If approval is granted for more than one farm residence, the residence may be separated from the farm parcel provided that any parcel so created conforms with all regulations set forth in sections 74-39 and 74-40 of this ordinance, except that no such parcel shall be less than 40,000 square feet in area nor greater than the larger of either five acres in area or the acreage necessary to maintain the minimum required; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record a deed restriction on a remnant area which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm residence separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the remnant acreage without first obtaining a conditional use permit that meets all requirements of this ordinance, from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

b.

A migrant labor camp (certified under Wis. Stats. § 103.92).

c.

Mobile homes for farm laborers. The approval for a mobile home is limited to one per 35 acres of A-1 zoned land.

d.

Livestock sales facilities.

e.

Veterinarian facilities for livestock.

f.

Fur farms, wild.

g.

Land restoration.

h.

Directional signs (exceeding three).

i.

Sewage disposal plants if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

j.

Airports, airstrips, landing fields and heliports, which are related to agricultural activities (Wis. Stats. § 91.46(4)).

k.

Governmental and cultural uses, such as fire, and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

m.

Schools and churches if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

n.

Yard waste composting.

o.

Home occupations that will not impair or limit future or current agricultural use of the farm in conformance with Wis. Stats. § 91.01(1)(d).

p.

Farm family business in the A-1, prime agricultural land district is a use which is accessory to an agricultural use consisting of a farm family business wedding barn and uses listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics. A farm family business may be permitted as a conditional use for farm owners if limited to existing farm residence or farm structures not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

q.

Hunting and fishing club land without structures.

r.

Slurry storage for industrial waste water of agricultural by products.

s.

Placement of any structures on remnant parcels where the separation of farm structures has been approved and separated. All structures and improvements must be an integral part of or incidental to an agricultural use (Wis. Stats. ch. 91).

t.

Hobby farms.

u.

Commercial stables and retail sales related to the stable subject to Committee review and approval.

v.

Agritainment.

(4)

Area, height and yard requirements.

A-2 Agricultural land district. The primary purpose of this district is to maintain, preserve, and enhance agricultural lands historically utilized for crop production but which are not included within the A-1 prime agricultural land district and which are generally best suited for smaller farm units, including truck farming, horse farming, hobby farming, orchards, and other similar agricultural-related farming activity.

(1)

Principal uses.

a.

All principal uses permitted in the A-1 prime agricultural land district.

b.

Single-family detached dwellings.

c.

Minor home occupation/professional home office.

(2)

Conditional uses. (See division 4.)

a.

Housing for farm laborers.

b.

Housing for seasonal or migratory farm workers.

c.

Livestock sales facilities.

d.

Animal hospitals, shelters and kennels.

e.

Veterinarian facility.

f.

Fur farms, wild.

g.

Land restoration.

h.

Ski hills.

i.

Hunting and fishing clubs.

j.

Recreation camp.

k.

Commercial stables and retail sales related to the stable subject to Committee review and approval.

l.

Mobile homes for farm laborers.

m.

Directional signs (exceeding three).

n.

Sewage disposal plants.

o.

Airports, airstrips and landing fields.

p.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

q.

Schools and churches.

r.

Composting.

s.

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

t.

Home occupations.

u.

More than one farm dwelling per section 74-61.

v.

Bed and breakfast establishments.

w.

Conservation development design (five or more dwelling units).

x.

Farm family business in the Agricultural Land District is a use which is accessory to an agricultural use consisting of a farm family business wedding barn and uses listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics. A farm family business may be permitted as a conditional use for farm owners if limited to existing farm residence or farm structures not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

y.

Hobby farms.

z.

Agritainment

(3)

Conventional design.

Area, height, and yard requirements.

(4)

Existing substandard lots. See section 74-92.

(5)

Conservation developments (five or more dwelling units).

a.

Maximum density: one dwelling unit per 20 acres.

b.

Area, height and yard requirements:

c.

Minimum required open space: 60 percent of the net buildable area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9A of the County subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

A-3 Land holding district. The primary purpose of this district is to preserve for a limited time period in agricultural and related open-space land uses those lands generally located adjacent to existing incorporated urban centers within Walworth County where urban expansion is planned to take place on the adopted regional land use plan and adopted municipal land use plans that refine and detail the regional land use plan. It is the intent that urban development be deferred in such areas until the appropriate legislative bodies concerned determine that it is economically and financially feasible to provide public services and facilities for uses other than those permitted in the district. It is intended that the status of all areas in this district be reviewed by the appropriate planning bodies no less frequently than every five years in order to determine whether, in light of current land development trends, there should be a transfer of all or any part of such areas to some other appropriate use district. Any such review will consider the need for permitting other uses on such land, the nature of the use or uses to be permitted, and the cost and availability of the public services and facilities which will be necessitated by such new use or uses.

(1)

Principal uses.

a.

Farm residence.

b.

Dairying.

c.

Floriculture (cultivation of ornamental flowering plants).

d.

Grazing, subject to regulations in division 2.

e.

Livestock raising, except commercial feed lots and livestock facility.

f.

Orchards.

g.

Paddocks.

h.

Plant nurseries, Christmas tree production.

i.

Poultry raising, except commercial egg production.

j.

Crop or forage production.

k.

Raising of tree fruits, nuts, and berries.

l.

Sod farming.

m.

Vegetable raising.

n.

Viticulture (grape growing).

o.

Equestrian trails for the farm family.

p.

Forest and game management.

q.

Nature trails and walks for the farm family.

r.

Apiculture (beekeeping).

s.

The separation of farm structures from farmland. The separation of the farm structures must conform with the regulations set forth in sections 74-39 and 74-40 of this ordinance; the parcel shall not be less than 40,000 square feet in area, nor greater than the larger of either five acres in area, or the acreage necessary to maintain the minimum yard required in the A-1, A-2, or A-3 district; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record deed restrictions on both the farm separation parcel and on a parcel which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the adjoining acreage without first obtaining a conditional use approval from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

t.

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

u

Aquaculture.

v.

Undeveloped natural resource and open space areas.

(2)

Conditional uses. (See division 4.)

a.

Housing for farm laborers.

b.

Housing for seasonal and migratory farm workers.

c.

Livestock sales facilities.

d.

Animal hospitals, shelters and kennels.

e.

Fur farms, wild.

f.

Land restoration.

g.

Ski hills.

h.

Mobile homes for farm laborers.

i.

Directional signs (exceeding three).

j.

Sewage disposal plants.

k.

Airports, airstrips and landing fields.

l.

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

m.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

n.

Schools and churches.

o.

Composting.

p.

Home occupations.

q.

More than one farm dwelling per section 74-61.

r.

Bed and breakfast establishments.

s.

Hobby farms.

t.

Agritainment.

(3)

Area, height and yard requirements.

Existing substandard lots - See section 74-92.

A-4 Agricultural related manufacturing, warehousing and marketing district. The primary purpose of this district is to provide for the proper location and regulation of manufacturing, warehousing, storage, and related industrial and marketing activities that are dependent upon or closely allied to the agricultural district.

(1)

Principal uses.

a.

Fruit store.

b.

Grape growing.

c.

Production of sausages and other meat products providing that all operations be conducted within an enclosed building.

d.

Vegetable store.

e.

Veterinarian facility.

f.

Commercial feed lot.

g.

Commercial egg production.

h.

Livestock Facility.

(2)

Conditional uses.

a.

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

b.

Corn shelling, hay balling, and threshing services.

c.

Bottling of spring water.

d.

Grist mill services.

e.

Horticultural services.

f.

Poultry hatchery services.

g.

Production of animal and marine fat oils.

h.

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

i.

Canning of specialty foods.

j.

Preparation of cereals.

k.

Production of natural and processed cheese.

l.

Production of chocolate and cocoa products.

m.

Coffee roasting and production of coffee products.

n.

Production of condensed and evaporated milk.

o.

Wet milling of corn.

p.

Cottonseed oil milling.

q.

Production of creamery butter.

r.

Drying and dehydrating fruits and vegetables.

s.

Preparation of feeds for animals and fowl.

t.

Production of flour and other grain mill products.

u.

Blending and preparing of flour.

v.

Fluid milk processing.

w.

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

x.

Malt production.

y.

Meat packing.

z.

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

aa.

Poultry and small game dressing and packing providing that all operations be conducted within enclosed buildings.

bb.

Milling of rice.

cc.

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

dd.

Milling of soy bean oil.

ee.

Milling of vegetable oil.

ff.

Sugar processing and production.

gg.

Production of wine, brandy, and brandy spirits.

hh.

Livestock sales facilities.

ii.

Grain elevators and bulk storage of feed grains.

jj.

Fertilizer production, sales, storage, mixing, and blending.

kk.

Sale or maintenance of farm implements and related equipment.

ll.

Transportation-related activities primarily serving the basic agricultural industry.

mm.

Living quarters for watchman or caretaker.

nn.

Off-season storage or mini-warehouse facilities.

oo.

Animal hospitals, shelters and kennels.

pp.

Land restoration.

qq.

Directional signs (exceeding three).

rr.

Sewage disposal plants.

ss.

Airports, airstrips and landing fields.

tt.

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

uu.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

vv.

Schools and churches.

ww.

Contractors storage yards.

xx.

Production, packing, packaging and light assembly of products from furs, glass, metals, papers, leather, plaster, plastics, textiles and wood.

yy.

Composting.

zz.

Commercial greenhouse.

aaa.

Flea markets.

bbb.

Commercial stables.

ccc.

Commercial stables with horse shows.

ddd.

Retail sales related to those agricultural uses listed in A-4. The retail sales of ancillary non-agricultural items is subject to detailed plan approval by the Committee.

eee.

Farm food service. The retail sales of ancillary non-agricultural items and agricultural items not produced on the farm are subject to detailed plan approval by the Committee.

fff.

Processing agricultural products.

ggg.

Hobby farms.

hhh.

Microbrewery.

iii.

Agritainment.

(3)

Area, height and yard requirements.

A-5 Rural residential district. The primary purpose of this district is to permit the utilization of relatively small quantities of land in predominantly agricultural areas for rural residential use. As a matter of policy, it is intended that this district be applied solely to those rural lands that have marginal utility for agricultural use for reasons related to soils, topography, or severance from larger agricultural parcels. It is not intended that this district be utilized to accommodate residential subdivisions as defined in the Walworth County Subdivision Ordinance.

(1)

Principal uses.

a.

Single-family dwellings.

b.

Orchards.

c.

Vegetable raising.

d.

Plant nurseries.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Greenhouses.

b.

Roadside stands not exceeding one per farm.

c.

Residential accessory structures.

d.

Agricultural structures.

e.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

Sewage disposal plants.

b.

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

c.

Utilities, provided all principal structures and uses are not less than 50 feet from all district lot lines except business, park and industrial.

d.

Schools and churches.

e.

Home occupations.

f.

Bed and breakfast establishments.

g.

Planned residential developments.

h.

Hobby farms.

i.

Animal hospitals, shelters and kennels.

(4)

Area, height and yard requirements.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 7-13-04; Amd. of 5-10-05; Amd. of 8-9-05; Ord. No. 315-09/05, pt. I, 9-8-05; Ord. No. 331-01/06, pt. III, 1-10-06; Ord. No. 353-04/06, pt. II, 4-20-06; Ord. No. 462-10/07, pt. I, 10-9-07; Ord. No. 466-11/07, pt. II, 11-13-07; Ord. No. 591-12/09, pt. XII, 12-15-09; Ord. No. 673-03/11, pt. I, 3-8-11; Ord. No. 740-09/12, pt. II, 9-6-12; Ord. No. 879-09/14, pt. IV, 9-4-14; Ord. No. 938-07/15, pt. III, 7-14-15; Ord. No. 940-07/15, pt. I, 7-20-15; Ord. No. 996-07/16, pt. I, 7-28-16; Ord. No. 1049-06/17, pt. IV, 6-13-17; Ord. No. 1074-11/17, pt. I, 11-6-17; Ord. No. 1171-06/19, pt. V, 6-11-19; Ord. No. 1194-11/19, pt. II, 11-12-19; Ord. No. 1377-07/25, pt. I, 7-8-25)

C-1 Lowland resource conservation district. The primary purpose of this district is to preserve, protect, and enhance the lakes, streams, and wetland areas in Walworth County. The proper regulation of these areas will serve to maintain and improve water quality, both ground and surface; prevent flood damage; protect wildlife habitat; prohibit the location of structures on soils which are generally not suitable for such uses; protect natural watersheds; and protect the water based recreational resources of the County.

(1)

Principal uses. The following uses are permitted in this district provided that such uses are conducted in accordance with the County's conservation standards and do not involve dumping; filling; extension of cultivated areas; mineral, soil, or peat removal; or any other activity that would substantially disturb or impair the natural fauna, flora, water courses, water regimen, or topography.

a.

Farming and related agricultural uses when conducted in accordance with the County's conservation standards, not including the erection of buildings or structures.

b.

Boat landing sites.

c.

Drainage.

d.

Fish hatcheries.

e.

Flood overflow and movement of water.

f.

Forest and game management.

g.

Hunting and fishing.

h.

Impoundments.

i.

Navigation.

j.

Park and recreation areas, not including the location or erection of buildings or structures.

k.

Stream bank protection.

l.

Swimming beaches.

m.

Wilderness areas and wildlife preservation and refuges.

n.

Hiking and nature trails.

o.

Wild crop harvesting.

(2)

Conditional uses. (See division 4.)

a.

Golf courses and country clubs.

b.

Yachting clubs and marinas.

c.

Hunting and fishing clubs.

d.

Recreation camps.

e.

Public and private campgrounds.

f.

Sewage disposal plants.

g.

Utilities, provided all principal structures and uses are not less than 50 feet from all district lot lines except business, park and industrial.

(3)

Area, height and yard requirements. None. No buildings or structures permitted.

C-2 Upland resource conservation district. The primary purpose of this district is to preserve, protect, enhance, and restore all significant woodlands, related scenic areas, submarginal farm lands, other farmland as allowed by the comprehensive land use plan and abandoned mineral extraction lands within the County. Regulation of these areas will serve to control erosion and sedimentation and will promote and maintain the natural beauty of the County, while seeking to assure the preservation and protection of areas of significant topography, natural watersheds, ground and surface water, potential recreation sites, wildlife habitat, and other natural resource characteristics that contribute to the environmental quality of the County yet permit larger residential lots in these environmentally sensitive areas.

(1)

Principal uses.

a.

Single-family detached dwellings.

b.

Forest preservation.

c.

Forest and game management.

d.

Parks and recreation areas; arboreta; botanical gardens.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Stables.

b.

Residential accessory structures.

c.

Agricultural structures.

d.

Minor home occupation/professional home office.

(3)

Conditional uses. (See division 4.)

a.

Animal hospitals, shelters and kennels.

b.

Land restoration.

c.

Golf courses.

d.

Ski hills.

e.

Yachting clubs and marinas.

f.

Hunting and fishing clubs.

g.

Recreation camps.

h.

Public or private campgrounds.

i.

Commercial stables.

j.

Planned residential developments.

k.

Sewage disposal plants.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

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

n.

Bed and breakfast establishments;

o.

Conservation development design (five or more dwelling units);

p.

Commercial arboretum (outside primary environmental corridors);

q.

Commercial greenhouse (outside primary environmental corridor).

r.

Home occupations.

s.

Hobby farms.

(4)

Conventional design.

Area, height, and yard requirements:

(5)

Existing substandard lots. See section 74-92.

(6)

Conservation developments (five or more dwelling units).

a.

Maximum density: one dwelling unit per five acres.

b.

Area, height and yard requirements:

c.

Minimum required open space: 60 percent of the net buildable area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9A of the County subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(The Zoning Agency may modify the interior setback for structures used to house animals to a minimum 25-foot interior setback. The developer must first demonstrate to the County Zoning Agency that the district requirement for agricultural structures cannot be met due to unique shape or characteristic of the property.)

C-3 Conservancy-residential district. The primary purpose of this district is essentially the same as that of the C-2 district, namely the protection and preservation of environmentally significant uplands. It is intended that this district be applied to those upland environmental corridors which already have been divided into relatively small parcels or which, because of their proximity to urban areas, have a very high residential value potential. It is thus intended that this district recognize and attempt to balance man's need for shelter locations with his need to protect and restore the natural environment. Because of its residential character and smaller lot area minimum, farming and commercial recreation uses are not permitted.

(1)

Principal uses.

a.

Forest preservation.

b.

Forest and game management.

c.

Single-family detached dwellings.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

Animal hospitals, shelters and kennels.

b.

Planned residence developments.

c.

Sewage disposal plants.

d.

Utilities, provided all principal structures and uses are not less than 50 feet from all district lot lines except business, park and industrial.

e.

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

f.

Bed and breakfast establishments.

g.

Conservation development design (five or more dwelling units).

h.

Home occupations.

(4)

Conventional design.

Area, height and yard requirements:

(5)

Existing substandard lots. See section 74-92.

(6)

Conservation developments (five or more dwelling units).

a.

Maximum density: One dwelling unit per 100,000 sq. ft.

b.

Area, height and yard requirements:

c.

Minimum required open space: 60 percent of the net buildable area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9A of the County subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 7-13-04; Amd. of 5-10-05; Ord. No. 331-01/06, pts. I—III, 1-10-06; Ord. No. 369-07/06, pt. I, 7-11-06; Ord. No. 591-12/09, pt. XIII, 12-15-09; Ord. No. 740-09/12, pt. III, 9-6-12; Ord. No. 940-07/15, pt. II, 7-20-15)

P-1 Recreational park district. The P-1 district is used to provide for areas where the open space and recreational needs, both public and private, of the citizens can be met without undue disturbance of natural resources and adjacent uses.

(1)

Principal uses.

a.

Parks, general recreation.

b.

Parks, leisure and ornamental.

c.

Forest reserves.

d.

Boat rentals and boat access sites.

e.

Golf courses.

f.

Gymnasiums and athletic clubs.

g.

Ice skating rink.

h.

Picnic grounds.

i.

Playfields and athletic fields.

j.

Playgrounds.

k.

Play lots and tot lots.

l.

Recreational access ways.

m.

Forest and game management.

(2)

Conditional uses. (See division 4.)

a.

Golf course country clubs.

b.

Ski hills.

c.

Yachting clubs and marinas.

d.

Hunting and fishing clubs.

e.

Recreation camps.

f.

Public or private campgrounds.

g.

Planned campground developments

h.

Cultural activities.

i.

Amusement activities.

j.

Public assembly uses.

k.

Commercial stables.

l.

Archery ranges.

m.

Golf driving ranges.

n.

Firearm ranges, skeet, trap and rifle.

o.

Sports fields.

p.

Polo fields.

q.

Roller skating rinks.

r.

Sewage disposal plants.

s.

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

t.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

u.

Schools and churches.

v.

Recycling centers.

w.

Composting.

x.

Lake management facilities and activities, including equipment and vehicles used in lake weed harvesting and off-loading activities.

y.

Land restoration.

z.

Caretaker's quarters.

aa.

Commercial stables with horse shows.

bb.

Shared parking.

(3)

Area, height and yard requirements.

P-2 Institutional park districts. The P-2 district is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.

(1)

Principal uses.

a.

Churches, synagogues, and temples.

b.

Rectories and convents.

c.

College dormitories.

d.

Hospitals.

e.

Schools.

f.

Monasteries.

g.

Nursing homes.

h.

Nursery schools and day care centers.

i.

Orphanages.

j.

Retirement homes.

k.

Universities and colleges.

l.

Lodges and fraternal buildings.

m.

Town halls, town garage, police and fire stations.

n.

Golf courses.

(2)

Conditional uses. (See division 4.)

a.

Golf course country clubs.

b.

Ski hills.

c.

Yachting clubs and marinas.

d.

Recreation camps.

e.

Public or private campgrounds.

f.

Planned campground developments.

g.

Cultural activities.

h.

Public assembly uses.

i.

Commercial stables.

j.

Archery ranges.

k.

Golf driving ranges.

l.

Firearm ranges, skeet, trap, rifle.

m.

Sports fields.

n.

Polo fields.

o.

Sewage disposal plants.

p.

Airports, airstrips, landing fields, and heliports.

q.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

r.

Governmental and cultural uses such as community centers, libraries, public emergency shelters, parks, playgrounds, museums, and park and ride facilities.

s.

Sanitariums, religious, charitable, penal and correctional institutions, cemeteries, mausoleums, columbaria and crematories.

t.

Recycling centers.

u.

Composting.

v.

Lake management facilities and activities, including equipment and vehicles used in lake weed harvesting and off-loading activities.

w.

Land restoration.

x.

Commercial stables with horse shows.

y.

Shared parking.

(3)

Area, height and yard requirements.

(Ord. of 6-11-02; Amd. of 1-14-03; Ord. No. 466-11/07, pt. III, 11-13-07; Ord. No. 591-12/09, pt. XIV, 12-15-09; Ord. No. 685-08/11, pt. I, 8-9-11; Ord. No. 873-07/14, pt. I, 7-8-14; Ord. No. 1049-06/17, pt. V, 6-13-17; Ord. No. 1171-06/19, pt. VI, 6-11-19)

R-1 Single-family residence district (unsewered). The single-family residence district is hereby established to provide locations for and maintain values of low density single-family development only.

(1)

Principal uses.

a.

Single-family detached dwellings on lots not served by public sanitary sewer.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. See div. 4.

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

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

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Bed and breakfast establishments.

i.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

j.

Conservation development design (five or more dwelling units).

(4)

Conventional design.

Area, height, and yard requirements.

(5)

Existing substandard lots. See section 74-92.

(6)

Conservation developments (five or more dwelling units).

a.

Maximum density: One dwelling unit per 40,000 sq. ft.

b.

Area, height and yard requirements:

c.

Minimum required open space: 33 percent of the total area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9-A of the County subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(7)

Existing substandard lots. See section 74-92.

R-2 Single-family residence district (sewered). The single-family residence district is hereby established to provide locations for and maintain values of low density single-family development only.

(1)

Principal uses.

a.

Single-family detached dwellings on lots served by public sanitary sewers.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. See div. 4.

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

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

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Bed and breakfast establishments.

i.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

j.

Conservation development design (five or more dwelling units).

(4)

Conventional design.

Area, height and yard requirements.

(5)

Conservation developments (five or more dwelling units).

a.

Maximum density: one dwelling unit per 15,000 sq. ft.

b.

Area, height and yard requirements:

c.

Minimum required open space: 20 percent of the total area consistent with the prioritized list of resources to conserve and other design consideration of section 11.9-A of the county subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. Buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(6)

Existing substandard lots. See section 74-92.

R-2A Single-family residence district (sewered). The primary purpose of the R-2A district is to require larger residential sewered lots in environmentally sensitive areas. Such environmentally sensitive areas may include but not be limited to, environmental corridors, shoreland areas, and significant woodlands.

(1)

Principal uses.

a.

Single-family detached dwellings on lots served by public sanitary sewers.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses: (See division 4.)

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

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

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Bed and breakfast establishments.

i.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

j.

Conservation development design (five or more dwelling units).

(4)

Conventional design.

Area, height, and yard requirements:

(5)

Conservation developments (five or more dwelling units).

a.

Maximum density: one dwelling unit per 40,000 sq. ft.

b.

Area, height and yard requirements:

c.

Minimum required open space: 50 percent of the total area consistent with the prioritized list of resources to conserve and other design considerations of section 11.9-A of the county subdivision ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. Buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(6)

Existing substandard lots. See section 74-92.

R-3 Two-family residence district (sewered or unsewered).

(1)

Principal uses.

a.

Single-family detached dwellings.

b.

Two-family dwellings (duplex).

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses. See div. 4.

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

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

f.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

g.

Schools and churches.

h.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

i.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

j.

Conservation development design (five or more dwelling units).

(4)

Conventional design.

Area, height and yard requirements.

(5)

Conservation developments (five or more dwelling units).

a.

Maximum density: (sewered) one dwelling unit per 7,500 sq. ft. (unsewered) 40,000 sp. ft. per dwelling unit.

b.

Area, height and yard requirements:

c.

Minimum required open space:

Sewered: 20 percent of the total area consistent with the Prioritized List of Resources to Conserve and Other Design Considerations of Section 11.9 A of the Walworth County Subdivision Ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

Unsewered: 50 percent of the total area consistent with the Prioritized List of Resources to Conserve and Other Design Considerations of Section 11.9 A of the Walworth County Subdivision Ordinance. The Zoning Agency may modify the required open space and/or setback requirements of conservation development design on a site specific basis during the conditional use review if the developer can demonstrate that the requirement cannot be met due to unique shape or characteristic of the property. The district open space and/or setback standards for conservation development design may be modified provided that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Conservation developments, which are approved with a modification to the open space and/or setback requirements of conservation development design standards, shall not qualify for a density bonus. Modification of the open space and or setback requirements shall be limited to the minimum necessary. Open space shall not be modified greater than 20 percent of the minimum open space percentage requirement of the conservation development design standard. Setbacks shall not be modified below the conventional design standards for the district. Setbacks which are specifically listed as smaller than the conventional design standards by conservation development design standards shall not constitute a modification (i.e. buildings housing animals as specified by conservation development design may be reduced to 25 feet from interior lot lines and not constitute a modification. Setbacks from subdivision roads as listed by conservation design that are less than specified by conventional design shall not constitute a modification).

(6)

Existing substandard lots. See section 74-92.

R-4 Multiple-family residence district (sewered or unsewered). The R-4 district is intended to provide for multiple-family residential development

(1)

Principal uses.

a.

Single family dwellings.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

Two-family dwellings.

b.

Multiple-family dwellings.

c.

Golf courses and country clubs.

d.

Planned residential developments.

e.

Lodges and fraternal buildings.

f.

Nursery schools and day care centers.

g.

Retirement homes, rest homes, homes for the aged.

h.

Home occupations.

i.

Sewage disposal plants.

j.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

k.

Schools and churches.

l.

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

m.

Model apartments, model condominiums and related temporary real estate sales office located within the model unit.

n.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

o.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

(4)

Area, height and yard requirements.

(5)

Park and open space lands. Park and open space land, exclusive of required yards, access drives, and parking area shall comprise at least 20 percent of the total development area. Such required park and open space land may be placed in more than one location within the development area provided, however, that no single such area shall contain less than one-half acre and that such area shall have its least dimension more than one-fourth its length.

(6)

Existing substandard lots. See section 74-92.

R-5 Planned residential development district (unsewered). The R-5 district is intended to generally provide for planned developments in an unsewered area with a mixture of residential and business uses.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

One-family detached dwellings.

b.

One-family semi-detached dwellings.

c.

One-family attached dwellings.

d.

Two-family dwellings.

e.

Multiple-family dwellings.

f.

All principal uses permitted in the B-1 local business district, provided that such uses shall not occupy more than 15 percent of the total development area, which include the following: bakeries, barber shops; beauty shops; business offices; clinics; clothing and apparel stores; clubs; confectioneries; delicatessens; drug stores; fish markets; florists; fruit stores; gift stores; grocery stores; hardware stores; hobby shops; lodges; meat markets; optical stores; packaged beverage stores; professional offices; restaurants; self-service and pickup laundry and dry cleaning establishments; sporting goods stores; supermarkets; tobacco stores and vegetable stores.

g.

Golf courses and country clubs.

h.

Ski hills.

i.

Home occupations.

j.

Sewage disposal plants.

k.

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

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

n.

Reserved.

o.

Model apartments, model condominiums and related temporary real estate sales office located within the model unit.

p.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

q.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

(4)

Development density.

Unsewered development: 150 feet in width and 40,000 square feet of lot area per dwelling unit.

(5)

Park and open space land. Park and open space land, exclusive of required yards, access drives, and parking areas, shall comprise at least 20 percent of the total development area. Such required park and open space land may be place in more than one location within the development area provided, however, that no single such area shall contain less than one-half acre and that each area shall have its least dimensions more than one-fourth its length.

(6)

Height and yard requirements.

(7)

Existing substandard lots. See section 74-92.

R-5A Planned residential development district (sewered). The R-5A district is intended to generally provide for planned developments in a sewered area with a mixture of residential and business uses.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

One-family detached dwellings.

b.

One-family semi-detached dwellings.

c.

One-family attached dwellings.

d.

Two-family dwellings.

e.

Multiple-family dwellings.

f.

All principal uses permitted in the B-1 local business district, provided that such uses shall not occupy more than 15 percent of the total development area, which include the following: bakeries, barber shops, beauty shops, business offices, clinics, clothing and apparel stores, clubs, confectioneries, delicatessens, drug stores, fish markets, florists, fruit stores, gift stores, grocery stores, hardware stores, hobby shops, lodges, meat markets, optical stores, packaged beverage stores, professional offices, restaurants, self-service and pickup laundry and dry cleaning establishments, sporting goods stores, supermarkets, tobacco stores and vegetable stores.

g.

Golf courses and country clubs.

h.

Ski hills.

i.

Home occupations.

j.

Sewage disposal plants.

k.

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

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

n.

Reserved.

o.

Model apartments, model condominiums and related temporary real estate sales office located within the model unit.

p.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

q.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

(4)

Development density.

Sewered development: Maximum eight dwelling units per net developable acre.

(5)

Park and open space land. Park and open space land, exclusive of required yards, access drives, and parking areas, shall comprise at least 20 percent of the total development area. Such required park and open space land may be placed in more than one location within the development area provided, however, that no single such area shall contain less than one-half acre and that each area shall have its least dimensions more than one-fourth its length.

(6)

Height and yard requirements.

(7)

Existing substandard lots. See section 74-92.

R-6 Planned mobile home park residence district. The R-6 district is intended to generally provide for planned mobile home developments.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

Mobile and modular homes.

b.

Planned residential development.

c.

Accessory buildings for the purpose of providing laundry and recreational facilities and for the sale of convenience food and related items primarily for and to mobile home residents.

d.

Golf courses and country clubs.

e.

Home occupations.

f.

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

g.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

h.

Schools and churches.

i.

Model mobile home and related temporary real estate sales office located within the model unit.

j.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

k.

Single-family detached dwellings:

1.

(Sewered) 100-foot width and 15,000 sq. ft. per dwelling unit;

2.

(Unsewered) 150-foot width and 40,000 sq. ft. per dwelling unit.

(4)

Mobile home development density. Maximum five dwelling units per net developable acre.

(5)

Mobile home area, height and yard requirements.

(6)

Existing substandard lots. See section 74-92.

R-7 Mobile home subdivision residence district (sewered or unsewered). The R-7 district is intended to generally provide for the location of mobile home subdivisions in a residential setting.

(1)

Principal uses.

a.

Mobile and modular homes.

b.

Single-family detached dwellings.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

Golf courses and country clubs.

b.

Planned residential developments.

c.

Home occupations.

d.

Sewage disposal plants.

e.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

f.

Schools and churches.

g.

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

h.

Parks and playgrounds.

i.

Model mobile home and related temporary real estate sales office located within the model unit.

j.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

(4)

Area, height and yard requirements.

(5)

Existing substandard lots. See section 74-92.

R-8 Multiple family residence district (sewered or unsewered). The R-8 district is intended to generally provide for multiple family residential development.

(1)

Principal uses.

a.

Multiple family dwelling units.

(2)

Accessory uses. Accessory uses are permitted but not until their principal structure is present or under construction. For accessory uses involving structures or buildings, such structures or buildings shall be subject to the requirements of section 74-38.

a.

Residential accessory structures.

b.

Minor home occupation/professional home office.

(3)

Conditional uses.

a.

Golf courses and country clubs.

b.

Single-family dwellings.

c.

Two-family dwellings.

d.

Planned residential developments.

e.

Home occupations.

f.

Sewage disposal plants.

g.

Governmental and cultural uses, such as police stations, community centers, libraries, public emergency shelters, museums, and park and ride facilities.

h.

Parks and playgrounds.

i.

Model apartments, model condominiums and related temporary real estate sales office located within the model unit.

j.

Model single-family residences, model single-family condominiums and related temporary real estate sales office located within the model unit.

k.

Model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit.

l.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

(4)

Area, height and yard requirements.

(5)

Development density. Maximum four dwelling units per net developable acre.

(6)

Park and open space. Park and open space land, exclusive of required yards, access drives, and parking areas shall comprise at least 20 percent of the total development area. Such required park and open space land may be placed in more than one location within the development area provided, however, that no single such area shall contain less than one-half acre and that such area shall have its least dimension more than one-fourth its length.

(7)

Existing substandard lots. See section 74-92.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 7-13-04; Ord. No. 331-01/06, pts. IV—VII, 1-10-06; Ord. No. 333-01/06, pt. I, 1-10-06; Ord. No. 353-04/06, pt. III, 4-20-06; Ord. No. 436-05/07, pt. I, 5-8-07; Ord. No. 466-11/07, pt. IV, 11-13-07; Ord. No. 591-12/09, pt. XV, 12-15-09; Ord. No. 740-09/12, pt. IV, 9-6-12; Ord. No. 1049-06/17, pt. VI, 6-13-17; Ord. No. 1171-06/19, pt. VII, 6-11-19)

B-1 Local business district. The B-1 district is intended to generally provide for orderly and appropriate regulations to insure the compatibility of the diverse uses of retail and customer service establishments typically found in a localized general downtown type area.

(1)

Principal uses. The following uses are principal uses provided that they shall be retail establishments selling and storing primarily new merchandise.

a.

Bakeries.

b.

Barber shops.

c.

Beauty shops.

d.

Business offices.

e.

Clinics.

f.

Clothing and apparel stores.

g.

Clubs.

h.

Confectioneries.

i.

Delicatessens.

j.

Drug stores.

k.

Fish markets.

l.

Florists.

m.

Fruit stores.

n.

Gift stores.

o.

Grocery stores.

p.

Hardware stores.

q.

Hobby shops.

r.

Library.

s.

Meat markets (retail sales - no slaughtering).

t.

Museum.

u.

Optical stores.

v.

Packaged beverage stores.

w.

Professional offices.

x.

Restaurants.

y.

Self service and pickup laundry and dry cleaning establishments.

z.

Sporting goods stores.

aa.

Supermarkets.

bb.

Tobacco stores.

cc.

Vegetable stores.

dd.

Antique shops.

ee.

One dwelling unit when located within the principal business structure.

(2)

Conditional uses.

a.

Off-season storage or mini-warehouse facilities.

b.

Lodges and fraternal buildings.

c.

Nursing homes.

d.

Nursery and day care centers.

e.

Retirement homes.

f.

Vehicle sales and services.

g.

Gasoline service stations, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right of way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right of way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

h.

Public parking lots.

i.

Taxi stands.

j.

Sewage disposal plants.

k.

Governmental and cultural uses such as fire and police stations, community centers, public emergency shelters, parks and playgrounds, and park and ride facilities.

l.

Utilities, provided all principal structures and uses are not less than 50 feet from all district lot lines except business, park and industrial.

m.

Schools and churches.

n.

Car washes.

o.

Planned unit developments. Building separation: The minimum building separation shall be 30 unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

p.

Shared parking.

q.

One dwelling unit when located outside the principal business structure.

r.

Establishments serving food or beverages for consumption outside the principal structure.

(3)

Area, height and yard requirements.

B-2 General business district. The B-2 General Business District is intended to provide for more business and trades of a more general nature, normally serving a larger trade area.

(1)

Principal uses.

a.

All principal uses permitted in the B-1, local business district.

b.

Appliance stores.

c.

Caterers.

d.

Clothing repair shops.

e.

Crockery stores.

f.

Department stores.

g.

Electrical supply.

h.

One dwelling unit when located within the principal business structure.

i.

Financial institutions.

j.

Food lockers.

k.

Furniture stores.

l.

Furniture upholstery shops.

m.

Heating supply.

n.

Hotels and motels.

o.

Laundry and dry cleaning establishments employing not over seven persons.

p.

Library.

q.

Liquor stores, bars, taverns, cocktail lounges.

r.

Museum.

s.

Music stores.

t.

Newspaper office and press rooms.

u.

Night clubs and dance halls.

v.

Office supplies.

w.

Pawn shops.

x.

Personal service establishments.

y.

Pet shops.

z.

Photographic supplies.

aa.

Plumbing supplies.

bb.

Printing.

cc.

Private clubs.

dd.

Publishing.

ee.

Radio broadcasting studios.

ff.

Second-hand stores.

gg.

Television broadcasting studios.

hh.

Trade and contractor's office.

ii.

Upholster's shops.

jj.

Variety stores.

kk.

Boat and marine supplies not including manufacturing.

ll.

Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure, residential zoning districts (R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, R-8, A-5, C-3, B-5, B-6), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

(2)

Conditional uses.

a.

Animal hospitals, shelters and kennels.

b.

Public assembly uses.

c.

Commercial recreational facilities.

d.

Off-season storage or mini-warehouse facilities.

e.

Lodges and fraternal buildings.

f.

Nursing homes.

g.

Nursery and day care centers.

h.

Retirement homes.

i.

Drive-in theaters.

j.

Funeral homes.

k.

Drive-up banks.

l.

Establishments serving food or beverages for consumption outside the principal structure.

m.

Vehicle sales and services.

n.

Public parking lots.

o.

Public passenger transportation terminals.

p.

Sewage disposal plants.

q.

Building contractors storage yards.

r.

Governmental and cultural uses such as fire and police stations, community centers, public emergency shelters, parks, playgrounds, park and ride facilities.

s.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

t.

Heliports.

u.

Schools and churches.

v.

Hospitals, sanitariums, religious, charitable, penal and correctional institutions, cemeteries, mausoleums, columbaria and crematories.

w.

Packing, packaging, and light assembly of products from furs, glass, metals, paper, leather, plaster, plastics, textiles, and wood.

x.

Tanning studios.

y.

Small engine repair shops.

z.

Flea markets.

aa.

Tattoo parlors.

bb.

Car wash.

cc.

Gasoline service station, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right of way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right of way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

dd.

Planned unit developments. Building separation: The minimum building separation shall be 30 unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

ee.

Shared parking.

ff.

One dwelling unit when located outside the principal business structure.

(3)

Area, height and yard requirements.

B-3 Waterfront business district. The B-3 district is intended to generally provide for orderly and appropriate regulations to insure the compatibility of the diverse uses of retail and customer service establishments typically found on waterfront property.

(1)

Principal uses.

a.

Bakery.

b.

Boat rental and boat access (ten or less boats).

c.

Boat liveries (ten or less boats).

d.

Clothing and apparel store.

e.

Clothing repair shop.

f.

Confectioneries retail sales.

g.

Delicatessen.

h.

Fish market.

i.

Florist.

j.

Fruit store.

k.

Fur apparel, retail sales.

l.

Furniture upholstery shop.

m.

Furniture store.

n.

Gift store.

o.

Grocery store.

p.

Hardware store.

q.

Library.

r.

Meat market (retail sales - no slaughtering).

s.

Museum.

t.

Music store.

u.

Office supply store.

v.

Offices, professional.

w.

Office, business.

x.

Office, trade/contractor.

y.

Restaurant.

z.

Second-hand store.

aa.

Sporting goods store.

bb.

Supermarkets.

cc.

Supper clubs.

dd.

Tanning salon.

ee.

Tobacco store.

ff.

Vegetable store.

gg.

Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure, residential zoning districts (R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, R-8, A-5, C-3, B-5, B-6), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

hh.

One dwelling unit when located within the principal business structure.

(2)

Conditional uses.

a.

All principal and conditional uses permitted in the B-1 and B-2 districts.

b.

Boat rental and boat access sites.

c.

Boats and marine supplies.

d.

Bowling alleys.

e.

Hotels, motels and tourist courts.

f.

Bait shops.

g.

Skating rinks.

h.

Swimming beaches and pools.

i.

Taverns and bars.

j.

Yachting clubs and marinas.

k.

Bath houses.

l.

Boat liveries.

m.

Dance halls.

n.

Public assembly uses.

o.

Commercial recreational facilities.

p.

Off-season storage or mini-warehouse facilities.

q.

Lodges and fraternal buildings.

r.

Nursing homes.

s.

Nursery and day care centers.

t.

Retirement homes.

u.

Establishments serving food or beverages for consumption outside the principal structure.

v.

Vehicle sales and services.

w.

Public parking lots.

x.

Gasoline service station, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right of way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right of way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

y.

Public passenger transportation terminals

z.

Sewage disposal plants.

aa.

Governmental and cultural uses, such as fire and police stations, community centers, public emergency shelters, parks, playgrounds, and park and ride facilities.

bb.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

cc.

Schools and churches.

dd.

Planned unit developments. Building separation: The minimum building separation shall be 30 unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

ee.

Shared parking.

ff.

One dwelling unit when located outside the principal business structure.

(3)

Area, Height and Yard Requirements.

B-4 Highway business district. The B-4 district is intended to provide for orderly and appropriate regulations at appropriate locations along principal highway routes to those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.

(1)

Principal uses.

a.

Antique shop with no outside storage.

b.

Bait shop.

c.

Bakery.

d.

Beauty shop.

e.

Candy, nut and confectionary store.

f.

Caterer.

g.

Clothing and apparel store.

h.

Clothing repair shop.

i.

Crockery store.

j.

Delicatessen.

k.

Dwelling unit when located within the principal business structure.

l.

Electrical supply store with no outside storage.

m.

Fish market.

n.

Florist.

o.

Food lockers.

p.

Fruit store.

q.

Fur apparel, retail sales.

r.

Furniture upholstery shop.

s.

Furniture store.

t.

Gift store.

u.

Greenhouses, commercial.

v.

Grocery store.

w.

Hardware store.

x.

Heating supply.

y.

Hobby shop.

z.

Laundry and dry cleaning.

aa.

Library.

bb.

Meat market (retail sales - no slaughtering).

cc.

Museum.

dd.

Music store.

ee.

Office supply store.

ff.

Offices, professional.

gg.

Offices, business.

hh.

Offices, trade/contractors.

ii.

Optical store.

jj.

Photographic store.

kk.

Plumbing store with no outside storage.

ll.

Restaurant.

mm.

Second-hand store with no outside storage.

nn.

Sporting goods store.

oo.

Supermarket.

pp.

Supper club.

qq.

Tanning salon.

rr.

Tires, batteries and accessory store with no outside storage.

ss.

Tobacco store.

tt.

Upholster's store.

uu.

Variety store.

vv.

Vegetable store.

ww.

Adult entertainment use provided that there is a minimum building separation of 750 feet from the nearest residential structure. Residential zoning districts (R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, R-8, A-5, C-3, B-5, B-6), churches, schools, public parks, public playgrounds, public beaches, daycare centers and park zoning districts (P-1, P-2) existing at the time of application for a zoning permit or at the time of establishing an adult entertainment use within existing buildings which are properly zoned and do not require a zoning permit, and further provided that any adult entertainment use be conducted within an enclosed building.

(2)

Conditional uses.

a.

All principal and conditional uses permitted in the B-1 and B-2 districts.

b.

Automobile and truck retail services.

c.

Automobile repair services.

d.

Automotive body repair.

e.

Bar and taverns.

f.

Gasoline service stations, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street right of way and further provided that canopy posts over gas pumps shall be at least 30 feet from any side or rear lot line and shall not be less than 20 feet from any existing or proposed street right of way. Canopies shall not be permitted to overhang past the property line. No canopy shall exceed 20 feet in height.

g.

Hotels, motels and tourist courts.

h.

Night clubs and dance halls.

i.

Service and installation of tires, batteries and accessories.

j.

One residential dwelling unit when located outside the principal business structure.

k.

Animal hospital, shelters and kennels.

l.

Yachting clubs and marinas.

m.

Public assembly uses.

n.

Commercial recreations facilities.

o.

Off-season storage or mini-warehouse facilities.

p.

Lodges and fraternal buildings.

q.

Nursing homes.

r.

Nursery and day care centers.

s.

Retirement homes.

t.

Establishments serving food or beverages for consumption outside the principal structure.

u.

Drive-up banks.

v.

Vehicle sales and services.

w.

Public parking lots.

x.

Public passenger transportation terminals.

y.

Second hand store with outside storage.

z.

Sewage disposal plants.

aa.

Governmental and cultural uses, such as fire and police stations, community centers, public emergency shelters, parks, playgrounds, and park and ride facilities.

bb.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

cc.

Schools and churches.

dd.

Planned unit developments. Building separation: The minimum building separation shall be 30 unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

ee.

Commercial arboretum.

ff.

Shared parking.

gg.

One residential dwelling unit when located outside the principal business structure.

hh.

Tow lot.

(3)

Area, height and yard requirements.

B-5 Planned commercial-recreational business district. The primary purpose of this district is to permit on a planned basis major commercial-recreation development projects, including recreation-related residential land uses. Such planned development projects are likely to include a large number of different individual land uses which are needed to carry on and support the primary commercial-recreational venture.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Conditional uses.

a.

Aircraft landing and takeoff fields.

b.

Amusement parks and miniature golf courses.

c.

Boat rentals and boat access sites.

d.

Planned campground developments.

e.

Dance halls.

f.

Restaurants, taverns, bars, and night clubs.

g.

Drive-in movies.

h.

Dude ranches.

i.

Fairgrounds.

j.

Health and recreational resorts, including the following uses which may be permitted as a part of the resort complex, provided that either in combination or individually they do not occupy more than 25 percent of the total floor area of the principal resort buildings:

Retail sales.

1.

Antiques.

2.

Books.

3.

Camera and photographic supplies.

4.

Candy, nut and confectionery.

5.

China, glassware, and metal-ware.

6.

Cigars, cigarettes, and tobacco.

7.

Flowers.

8.

Fur apparel.

9.

Gifts stores.

10.

Jewelry.

11.

Men's and boy's clothing and furnishings

12.

Music supplies.

13.

Newspapers and magazines.

14.

Shoes.

15.

Sporting goods.

16.

Stationery.

17.

Toys.

18.

Women's and girl's clothing and furnishings.

19.

Drug stores.

Personal services.

1.

Artists services.

2.

Barber services.

3.

Beauty services.

4.

Dry cleaning.

5.

Laundry.

6.

Photographic studios.

7.

Shoe repair and cleaning services.

8.

Custom tailoring.

9.

Travel arranging services.

k.

Go-cart tracks.

l.

Golf courses and related facilities.

m.

Hotels and motels.

n.

Penny arcades.

o.

Race tracks.

p.

Commercial stables.

q.

Roller skating rinks.

r.

Skiing and tobogganing.

s.

Snowmobile trails.

t.

Swimming beaches.

u.

Skeet trap and rifle ranges.

v.

Animal hospitals, shelters and kennels.

w.

Golf courses and country clubs.

x.

Ski hills.

y.

Yachting clubs and marinas.

z.

Public or private campgrounds.

aa.

Cultural activities.

bb.

Amusement activities.

cc.

Public assembly uses.

dd.

Archery ranges.

ee.

Golf driving ranges.

ff.

Firearm ranges.

gg.

Sports fields.

hh.

Polo fields.

ii.

Skating rinks.

jj.

Commercial recreational facilities.

kk.

Off-season storage or mini-warehouse facilities.

ll.

Lodges and fraternal buildings.

mm.

Nursing homes.

nn.

Nursery and day care centers.

oo.

Retirement homes.

pp.

Drive-in theaters.

qq.

Motels, hotels and tourist courts.

rr.

Vehicle sales and services.

ss.

Public parking lots.

tt.

Taxi stands.

uu.

Sewage disposal plants.

vv.

Airports, airstrips, landing fields, and heliports.

ww.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

xx.

Schools and churches.

yy.

Commercial water slides.

zz.

Single-family and multiple family dwelling units when located on the same site with health or recreational resorts provided, however, that the transfer of ownership of any dwelling units may only include therewith a fractional interest in the site on which the dwelling units is located, and such transfer shall not result in a subdivision or minor subdivision as defined under the Walworth County Land Division Ordinance. Any permitted dwelling units may be used either for the accommodation of transient guests or exclusively for living quarters for one family.

aaa.

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

bbb.

Shared parking.

ccc.

Special event campground.

ddd.

Establishments serving food or beverages for consumption outside the principal structure.

eee.

Employer based housing.

(3)

Area, height and yard requirements.

Dwelling unit density (sewered). No planned development approved as a conditional use in the B-5 zone may, with respect to that area exclusively devoted to residential land uses, exceed ten dwelling units per net developable acre.

B-6 Bed and breakfast district. The bed and breakfast district is a commercial district, hereby, established to provide areas to include bed and breakfast establishments which meet all State code requirements for such establishments.

(1)

Principal uses.

a.

Bed and breakfast establishments-commercial means any place of lodging that:

1.

Provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients;

2.

Provides no meals other than breakfast and provides the breakfast only to its lodgers;

3.

Is the owner's personal residence;

4.

Is occupied by the owner at the time of rental;

5.

Was originally built and occupied as a single-family residence, or prior to use as a place of lodging, was converted to use and occupied as a single-family residence; and

6.

Has had completed structural additions in accordance with Wis. Stats. § 254.61(1).

(2)

Area, height and yard requirements.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 5-10-05; Ord. No. 369-07/06, pt. II, 7-11-06; Ord. No. 466-11/07, pt. V, 11-13-07; Ord. No. 561-06/09, pt. II, 6-9-09; Ord. No. 563-06/09, pt. I, 6-9-09; Ord. No. 591-12/09, pt. XVI, 12-15-09; Ord. No. 685-08/11, pt. II, 8-9-11; Ord. No. 740-09/12, pt. V, 9-6-12; Ord. No. 978-04/16, pt. I, 4-21-16; Ord. No. 1049-06/17, pt. VII, 6-13-17; Ord. No. 1171-06/19, pt. VIII, 6-11-19; Ord. No. 1273-05/22, pt. II, 5-10-22; Ord. No. 1319-07/23, pt. I, 7-11-23)

M-1 Industrial district. The M-1 district is intended to provide for manufacturing, industrial and related uses.

(1)

Principal uses.

a.

Automobile repair.

b.

Automotive upholstery.

c.

Cleaning, pressing and dying.

d.

Commercial bakeries.

e.

Commercial greenhouses.

f.

Distributors.

g.

Food locker plants.

h.

Printing.

i.

Publishing.

j.

Trade and contractors offices.

k.

Warehousing.

l.

Wholesaling.

m.

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

n.

Proving grounds.

o.

Manufacture, fabrication, processing or packaging of food but not including, because of noxious odors, cabbage, fish and fish products, meat and meat products, pea vining, and commercial egg production.

(2)

Conditional uses.

a.

Living quarters for watchman or caretaker.

b.

Farm machinery plants.

c.

Machine shops.

d.

Painting.

e.

Manufacture, fabrication, packing, packaging, and assembly of products from furs, glass, metals, paper, leather, plaster, plastics, textiles, and wood

f.

Automotive body repairs.

g.

Laboratories.

h.

Manufacture and bottling of nonalcoholic beverages.

i.

Storage and sale of machinery and equipment.

j.

Manufacture, fabrication, processing, packaging, and packing of confections; cosmetics; electrical appliances; electronic devices; instruments; jewelry, pharmaceutical; tobacco; and toiletries.

k.

Sewage disposal plants.

l.

Commercial service facility such as restaurants and fueling stations (see section 74-65/74-192).

m.

Building contractors storage yard.

n.

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

o.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

p.

Recycling centers.

q.

Composting.

r.

Garbage dumpster rental.

s.

Planned unit developments.

t.

Off-season storage or mini-warehouse facilities.

u.

Shared parking.

v.

Tow lot.

w.

Outside storage and manufacturing areas.

(3)

Area, height and yard requirements.

M-2 Heavy industrial district. The M-2 district is intended to provide for more intense manufacturing and industrial development.

(1)

Principal uses.

a.

All principal uses permitted in the M-1 industrial district.

b.

Freight yards, terminals, and transshipment depots.

c.

Inside storage.

d.

Breweries.

(2)

Conditional uses.

a.

Living quarters for watchman or caretaker.

b.

Crematories.

c.

All conditional uses in the M-1 district.

d.

Pea vineries.

e.

Creameries.

f.

Condenseries.

g.

Manufacture and processing of abrasives, acetylene, acid, alkalis, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of Paris, plastics, poison, polish, potash, pulp, pyroxylin, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles and varnish.

h.

Manufacture, processing, and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast.

i.

Manufacture and bottling of alcoholic beverages.

j.

Bag cleaning, bleacheries, canneries, cold storage warehouses, electric and steam generating plants, electroplating, enameling, forges, foundries, garbage, incinerators, lacquering, lithographing, offal, rubbish, or animal reduction, oil, coal, and bone distillations, refineries, road test facilities, slaughterhouses, smelting, stockyards, tanneries, and weaving.

k.

Outside storage and manufacturing areas.

l.

Wrecking, junk, demolition, automobile salvage yards, and scrap yards.

m.

Commercial service facilities.

n.

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

o.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

p.

Recycling centers.

q.

Composting.

r.

Planned unit developments.

s.

Off-season storage or mini-warehouse facilities.

t.

Shared parking.

u.

High-bay warehouses using oxygen reduction fire prevention.

(3)

Area, height and yard requirements.

M-3 Mineral extraction, oil or gas exploration or production district.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Conditional uses.

a.

Aggregate or ready-mix plant.

b.

Clay, ceramic, and refractor minerals mining.

c.

Crushed and broken stone quarrying.

d.

Mixing of asphalt.

e.

Nonmetallic mining services.

f.

Processing of top soil.

g.

Sand and gravel quarrying.

h.

Washing, refining, or processing of rock, slate, gravel, sand or minerals.

i.

The extension of any existing mineral extraction related uses.

j.

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

k.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

l.

Recycling centers.

m.

Composting.

n.

Oil and gas exploration or production.

(3)

Yard requirements. All excavations shall be at least 200 feet from the right-of-way of any public or approved private street or property line except as follows. The setback for excavations may be reduced to 100 feet from any right-of-way or property line, or those portions of rights-of-way or property lines, where no off-premise residence or parcel zoned R-1, R-2, R-2A, R-3, R-5, R-5A, R-6, R-7, C-3, P-1, P-2 or A-5 exists within 1,000 feet of the property line, or that portion of the property line, in question at the time of issuance or amendment of the conditional use permit. The zoning district assigned to a road right-of-way shall not be considered when determining the 1,000 foot measurement. The Committee may vary these requirements for shallow clay borrow excavation when the excavation and backfilling is conducted in a continuous phase and the borrow material is replaced on site for the re-establishment of the original grade after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this Ordinance. In no case shall the setback requirement be reduced to less than 2½ times the proposed maximum depth. All accessories, such as offices, parking areas, and stock piles, shall be at least 100 feet from any right-of-way or property line. The Committee may modify or eliminate the setback for excavations or accessories from side and rear property lines shared by separate parcels that are to be part of a common excavation if they find that the reduced setback will result in a more desirable reclamation result.

M-4 Sanitary landfill district.

(1)

Principal uses. All uses in this district are conditional uses and must be approved in accordance with the procedures established in division 4.

(2)

Conditional uses.

a.

Sanitary landfill operations.

b.

Incinerators.

c.

Sewage disposal plants.

d.

Utilities, provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park and industrial.

e.

Recycling centers.

f.

Composting.

g.

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

h.

Contaminated soil reclamation.

(3)

Yard and height requirements.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 5-10-05; Ord. No. 466-11/07, pt. VI, 11-13-07; Ord. No. 591-12/09, pt. XVII, 12-15-09; Ord. No. 685-08/11, pt. III, 8-9-11; Ord. No. 740-09/12, pt. VI, 9-6-12; Ord. No. 879-09/14, pt. V, 9-4-14; Ord. No. 1049-06/17, pt. VIII, 6-13-17; Ord. No. 1171-06/19, pt. IX, 6-11-19; Ord. No. 1244-09/21, pt. I, 9-14-21; Ord. No. 1366-05/25, pt. I, 5-13-25)

Editor's note— Ord. No. 740-09/12, pt. VII, adopted September 6, 2012, amended the Code by repealing former § 74-57 in its entirety. Former § 74-57 pertained to the wellhead protection overlay district of the Town of Bloomfield, and carried no history note.

Pre-application requests. A pre-application meeting shall be required prior to the submittal of any conditional use request for subdivisions, condominiums or campgrounds of five or more units, or any conditional use request in the A-4, B-1, B-2, B-3, B-4, B-5, M-1, M-2, M-3, or M-4 zone district with buildings 10,000 square foot or greater, or any conditional use requests for land restoration on sites two acres or greater, or any conditional use request for a solar energy system over one megawatt, or upon applicant's request. The pre-application process shall include a sketch plan prepared by a registered land surveyor and the applicable fee. The plans submitted shall be reviewed in a meeting scheduled by the County. The plans shall be reviewed for issues related to, but not limited to, platting, zoning, sanitation, storm water, highway and parks. If a pre-application meeting is held during the changes and amendment (rezone) process, a pre-application meeting is not required during this process.

Application for conditional use permits and amendments shall be made to the County Zoning Administrator on forms furnished by the Administrator and shall include the following where pertinent and necessary for proper review by the Committee:

(1)

Name and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a land surveyor registered in the State or other map drawn to scale and approved by the County Zoning Administrator, showing the location, property boundaries, dimensions, elevations, uses, and existing and proposed easements, streets, and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site; soil mapping unit lines; mean and historic highwater lines, on or within 40 feet of the subject premises, and existing and proposed landscaping.

(4)

Additional information as may be required by the Committee, County Zoning Administrator, County land conservation or County Sanitarian, such as ground surface elevations, basement and first floor elevations, utility elevations, historic and probable future floodwater elevations, areas subject to inundation by floodwaters, depths of inundation, floodproofing measures, soil type, slope, storm water consistent with the storm water management ordinance, and boundaries, and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structure of its affects and flood flows.

(5)

Applications. A party shall not initiate action for a conditional use permit affecting the same land more than twice every 12 months. The 12 months to be calculated from the date of the conclusion of the first County Planning, Zoning, and Sanitation Committee public hearing. If a change in a County zoning ordinance or state statute affects the subject matter of the permit request, the party may apply again even if there have been two actions on the same land within the 12-month period.

(6)

Submission to township. A party shall submit a copy of the same application for a conditional use permit to the township where the parcel is located. An applicant shall receive a recommendation from the appropriate township concerning all conditional use applications.

(7)

Applications for conditional use permits and amendments for a Livestock Facility shall follow the procedures and standards as established in Section 74-60 and ATCP 51.30; ATCP 51.32; and ATCP 51.34.

(Amd. of 7-13-04; Amd. of 1-11-05; Ord. No. 419-03/07, pt. I, 3-13-07; Ord. No. 466-11/07, pt. VII, 11-13-07; Ord. No. 740-09/12, pt. VIII, 9-6-12; Ord. No. 879-09/14, pt. VI, 9-4-14; Ord. No. 1049-06/17, pt. IX, 6-13-17; Ord. No. 1171-06/19, pt. X, 6-11-19)

The Committee shall review the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the effects of the proposed use, structure, operation and improvement upon flood damage protection, water quality, shoreland cover, natural beauty and wildlife habitat, and shall hold a public hearing after publishing a Class 2 notice thereof under Wis. Stats. ch. 985. A recommendation from the appropriate township must be received before a public hearing may be held. Township recommendations must be submitted by the applicant to the department no later than one week prior to the scheduled hearing. An applicant may be charged a re-notice fee if the recommendation of the township is not received one week prior to the scheduled hearing.

The Committee may authorize the County Zoning Administrator to issue a conditional use permit after review and public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this ordinance as outlined in Sections 74-28 and 74-29 of same, and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the County and its communities. Written notice of the proposed conditional use shall be submitted to the Department of Natural Resources ten days prior to said hearing.

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, light, fencing, location, size and number of signs, water supply and waste disposal systems, higher performance standards, street dedication, certified survey maps, floodproofing, ground cover, diversions, silting basins, terraces, streambank protection, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or additional parking may be required by the Committee upon its finding that these are necessary to fulfill the purpose and intent of this ordinance, the State Water Resources Act of 1965, and to meet the provisions of the State floodplain and shoreland management programs.

Compliance with all other provisions of this ordinance, such as lot width and area, yard, site regulations, height, parking, loading, traffic, highway access, and performance standards shall be required of all conditional uses, unless specifically permitted to be modified by the Committee in the conditional uses division. Variances and special exceptions shall only be granted as provided in division 10.

It is a violation of this ordinance to begin conducting a use identified as a conditional use in any designated zoning district after the effective date of this ordinance without first obtaining the required zoning and conditional use permits. Furthermore, it is a violation of this ordinance to operate a conditional use activity in violation of the conditions of a conditional use permit approved by the Committee.

Decisions. The Committee may make a decision on conditional use applications at the next regularly scheduled meeting of the Committee.

Amendments. The Committee may make a decision to amend a conditional use decision if the Committee finds the amendment is in keeping with the purpose and intent of the original conditional use decision and receives town approval. Any reconstruction, structural alteration, parking change or signage change that is consistent with the conditional use permit and does not cause an increase of intensity may be reviewed by staff. Any use of the site not capable of being discerned by staff as consistent with the conditional use is subject to additional Committee review. Any addition or alteration to structures or improvements which exceed 25 percent of the structure size or increase by 25 percent or more of the intensity of use shall be subject to a new conditional use process.

Appeals. All appeals regarding conditional uses shall be made to the Walworth County Circuit Court via certiorari. Appeals must be commenced seeking the remedy available by certiorari within 30 days after the filing of the decision by the Committee.

Existing uses. All uses existing at the effective date of this ordinance which would be classified as conditional uses in the particular zoning district concerned if they were to be established after the effective date of this ordinance, are hereby declared to be conforming conditional uses. Any proposed change to the existing use, shall be subject to the conditional use procedures as if such use were being established anew. Also, any addition or alteration to existing structures or improvements which exceed 25 percent of the prior structure size or increase by 25 percent or more prior intensity of use shall be subject to the conditional use procedures as if such use were being established anew. Other than as above restricted, additions, alterations, or extensions to existing structures or improvements are not prohibited provided such changes do not result in a change in the existing use or otherwise violate any provision of the applicable zoning ordinances of Walworth County, Wisconsin. Campgrounds; salvage, wrecking, junk, demolition, and scrap yards; mineral extraction and related uses; and sanitary landfill uses shall be, unless a waiver is granted by the Administrator, additionally subject to the registration regulations set forth in section 74-62, 74-65, 74-67 and 74-68 respectively.

A copy of all conditional use permits shall be transmitted to the State Department of Natural Resources within ten days after the issuance of the decision.

(Amd. of 7-13-04; Amd. of 1-11-05; Ord. No. 591-12/09, pt. XVIII, 12-15-09; Ord. No. 613-05/10, pt. II, 5-11-10; Ord. No. 740-09/12, pt. IX, 9-6-12; Ord. No. 819-12/13, pt. I, 12-10-13; Ord. No. 879-09/14, pt. VII, 9-4-14; Ord. No. 1049-06/17, pt. X, 6-13-17; Ord. No. 1130-07/08, pt. I, 7-10-18; Ord. No. 1194-11/19, pt. III, 11-12-19)

Editor's note— Ord. No. 1194-11/19, pt. IV, adopted November 12, 2019, amended the Code by repealing former § 74-60, which pertained to livestock facility siting, and derived from Ord. No. 879-09/14, adopted September 4, 2014.

Except where specifically permitted as a principal use in division 3, the following agricultural and related uses shall be conditional uses and may be permitted as specified. All conditional uses in the A-1 district (farmland preservation district) are limited to those where the use and its location are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize conversion of land at and around the site of the use, from agricultural use or open space use; the use does 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; and construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. In approving or disapproving the location of a conditional use, the County Zoning Agency shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in sections 74-28 and 74-29 and upon the particular land use problems related to development of the site or sites proposed.

(1)

Single-family dwellings exceeding one per farm parcel in A-2, and A-3 districts provided, however, that such dwellings may only be permitted when consistent with an agricultural use and that are occupied by an owner of the parcel, or a person who, or a family of which at least one adult member earns the majority of his or her gross income from conducting the farm operations on the parcel, or a parent or child of an owner who conducts the majority of the farm operations on the parcel, or a parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel and laborers principally engaged in a principal or approved conditional use and only when the need for such additional units to support and carry on the principal or approved conditional use has been established. If conditional use approval is granted for one or more additional dwellings, such dwellings may be separated from the farm lot provided however, that any parcel so created conforms with all regulations set forth in sections 74-39 and 74-40 of this ordinance, except that no such parcel shall be less than 40,000 square feet in area nor greater than the larger of either five acres in area or the acreage necessary to maintain the minimum required.

(2)

Farm residence exceeding one per farm parcel in the A-1 district is subject to the following requirements:

a.

The location and size of the proposed additional farm residence will not do any of the following:

i.

Convert prime farmland from agricultural use or convert land previously used as crop land, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a nonfarm residential parcel or a nonfarm residence.

ii.

Significantly impair or limit the current or future agricultural use of other protected farmland.

iii.

The approval for more than one farm residence is limited to one per 35 acres of A-1 zoned land, for the owner or operator of the farm, a parent or child of an owner or operator of the farm, an individual who earns more than 50 percent of his or her gross income from the farm. The remnant acreage shall be deed restricted; it shall not leave the balance of the land in a substandard condition; and the property owner will be required to record deed restrictions on both the residence parcel and on a parcel which meets the minimum required by the applicable zoning district, which directly adjoins or abuts the majority of the farm residence separation parcel, and which meets the intent of these provisions. A plat of survey for said parcel shall be prepared by a registered land surveyor licensed in the State of Wisconsin. Said deed restriction shall state that no structures may be placed on the remnant acreage without first obtaining a conditional use permit from the Committee and that no land may be deeded to the separation parcel which increases its size above that outlined above without first obtaining proper approval which may include a rezone.

(3)

A migrant labor camp for migratory or seasonal farm workers in the A-1 district certified under Wis. Stats. § 103.92 provided the location will not convert prime farmland from agricultural use or convert land previously used as crop land, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location and will not significantly impair or limit the current or future agricultural use of other protected farmland.

(4)

Housing for migratory or seasonal farm workers in the A-2 and A-3 Districts.

(5)

Mobile home in the A-1 district for a farm labor who earns more than 50 percent of his or her gross income from the farm, limited to one per 35 acres of A-1 zoned land provided the location will not convert prime farmland from agricultural use or convert land previously used as crop land, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location and will not significantly impair or limit the current or future agricultural use of other protected farmland.

(6)

Mobile home in the A-2, A-3 district for a farm labor who earns more than 50 percent of his or her gross income from the farm.

(7)

Livestock sales facilities in the A-1, A-1NC, A-2, A-3 and A-4 districts.

(8)

Animal hospitals, shelters, and kennels in the A-2, A-3, A-4 and A-5 agricultural districts, C-2, C-3 and the B-2, B-3, B-4 and B-5 business districts provided that the lot area is not less than five acres and further provided that, if animals are to be housed outside, there is a minimum building separation of 1,000 feet from the nearest residential structure existing at the time of the issuance of a zoning permit.

(9)

Veterinarian facilities in the A-1, A-2 and A-4 districts.

(10)

Commercial stables in the A-1, A-1NC, A-2, A-4, C-2, P-1, P-2 and B-5 districts. Tack rooms associated with commercial stables shall be used only by the owner and boarders. When located in the A-1 or A-1NC district, the use must be an integral part of, or incidental to, an agricultural use and the use shall not require any additional buildings, structures, or improvements not already existing on the farm unless the building, structure, or improvement is determined to be temporary in nature by the Committee during the conditional use process.

(11)

Commercial stables with horse shows and tack shop that permits off-site retail sales in the A-4 and P-1 districts.

(12)

Fur farms, wild, in the A-1, A-2, and A-3 districts.

(13)

Land restoration in the A-1, A-2, A-3, A-4, and C-2 districts when conducted in accordance with the County conservation standards. Any project designed and certified by NRCS, Land Conservation or the Department of Natural Resource Fish and Wildlife or water quality ponds may be exempt from the conditional use process.

(14)

Agricultural-related manufacturing, warehousing, and marketing activities in the A-4 district, including contract sorting, grading, and packaging services for fruits and vegetables; corn shelling, hay baling, and threshing services; spring water bottling; grist mill services; horticultural services; poultry hatchery services; production of animal and marine fat and oil; canning of fruits, vegetables, preserves, jams, and jellies; canning of specialty foods; preparation of cereals; production of natural and processed cheese; production of chocolate and cocoa products; coffee roasting and production of coffee products; production of condensed and evaporated milk; wet milling of corn, cottonseed oil milling; production of creamery butter; drying and dehydrating fruits and vegetables; preparation of feeds for animal and fowl; production of flour and other grain mill products; blending and preparing of flour; fluid milk processing; production of frozen fruits, fruit juices, vegetables, and other specialties; malt production; meat packing; fruit and vegetable pickling, vegetable sauces and seasoning, and salad dressing preparation; poultry and small game dressing and packing, providing that all operations be conducted within an enclosed building; milling of rice; production of sausages and other meat products; providing that all operations be conducted within an enclosed building; production of shortening, table oils, margarine and other edible fats and oils; milling of soy bean oil; milling of vegetable oil; sugar processing and production; farm food service; livestock sales facilities; grain elevators and bulk storage of feed grain; fertilizer production, sales, mixing, storage and blending; sales or maintenance of farm implements and related equipment; and transportation-related activities primarily serving the basic agricultural industry. Any outside storage or display areas in conjunction with the above commercial and related uses may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall the area be closer than 25 feet to any right-of-way.

(15)

Placement of any structures in the A-1 prime agricultural land district, A-2 agricultural land district and A-3 agricultural holding district on remnant parcels where the separation of farm structures has been approved and separated.

(16)

Farm family business in the A-1, Prime Agricultural Land District and the A-2, Agricultural Land District is a use which is accessory to an agricultural use consisting of uses listed in the A-4 district except the production, packing, packaging, and light assembly of products from glass, metals, plaster, and plastics. A farm family business may be permitted as a conditional use for farm owners if limited to existing farm residence or farm structures not dedicated to agricultural uses. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

(17)

Farm family business wedding barn in the A-1, Prime Agricultural Land District and the A-2, Agricultural Land District is a use which is accessory to an agricultural use. No more than two persons who are not members of the resident farm family may be employed in the farm family business and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland. Caterers and band members shall not be considered employees of the farm family business if hired by the family renting the barn. The use shall not require any additional buildings, structures or improvements other than those existing on the farm. Farm family business events shall be limited to 12 per year. All food and beverage shall be brought on site by the family renting the barn for the specific family event or by a caterer hired by the family renting the barn. No liquor license shall be applied for or issued for use of the barn for family events. No retail sales shall be allowed on site. Outside use of farm family business wedding barn shall be limited to the outside area identified on a plan for review and approval by the Committee. Parking shall be made available on site during the use of the barn for family events. There shall be no parking on the public or private streets. Exclusive (non-burdened) access to the parking area must be provided. All parking shall meet the size, setback and separation distances of this ordinance.

(18)

Signage for approved business on A-4 provided the sign is located at least five feet from property lines.

(19)

Off-season storage facilities for boats, and other recreational vehicles, such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes in the A-4 district. Any outside storage or display areas in conjunction with this use may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

(20)

Microbreweries, and the production of wine, brandy and brandy spirits in the A-4 district. Any bottling or packaging on site shall be conducted solely for the beer, wine, brandy and brandy spirits produced on site. The Committee must approve any service of alcohol on site. Any alcohol served shall be limited to products produced on site unless otherwise approved by the Committee. Any service of alcohol shall be for tasting, promotional, and/or educational purposes and such activity must be discernible from a bar or tavern. The Committee may consider limited quantities served, site design, or other operational methods to make such a distinction. Any retail sales of ancillary items are subject to a detailed list of those items approved by the Committee. All outdoor activities are subject to Committee review and approval. The Committee may approve the use of food trucks during agricultural related events at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(21)

Mini-warehouse facilities in the A-4 zoning district.

(22)

Hunting and fishing club land without structures in the A-1 zoning districts.

(23)

Retail sales related to those agricultural uses listed in A-4. The retail sales of ancillary non-agricultural items is subject to detailed plan approval by the Committee. The Committee may approve the use of food trucks during agricultural related events at a density of one food truck on parcels less than one half acre, two food trucks on parcels of one half acre to one acre, and three food trucks on parcels over one acre. Food trucks may be allowed on A-1, A-1NC, A-2, A-3 and A-4 zoned areas of the parcel. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(24)

Home occupations in the A-1 district, not to exceed 25 percent of the area of any floor of a building on the parcel. Such operations shall not involve any external alteration that would effect a substantial change in the residential character of the building or parcel, may include employees and stock and trade may be kept or sold from the premises after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance.

(25)

Airports, airstrips, and landing fields, excluding heliports, in the A-1 district, provided the parcel is at least 35 acres in size and the same is related to agricultural activities.

(26)

Directional signs that exceed three in number in the A-1, A-2, A-3, and A-4 districts.

(27)

Heliports in the A-1 district, provided that the parcel is at least 35 acres in size and the same is related to agricultural activities and that the principal structures and uses are not less than 100 feet from any residential district boundary.

(28)

Governmental and cultural uses in the A-1 district such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums in the A-1 district if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(29)

Utilities in the A-1 district provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial, which will require a ten-foot setback if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. Utilities required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those utilities required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit.

(30)

Public, parochial, and private elementary and secondary schools in the A-1 district provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(31)

Churches in the A-1 district provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line if the Committee determines that all of the following apply: The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

(32)

Hobby farm: On a hobby farm zoned A-1, A-1NC, A-2, A-3, A-4, A-5, and C-2, that is not abutting an R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, R-8, and C-3 residential district existing at the time of the conditional use request, the County Zoning Agency may modify the rear and side yard setbacks for buildings used to house animals to a 50-foot rear yard setback and a 35-foot side yard setback provided the animal units do not exceed one animal unit per usable acre with a deed restriction being filed with the Register of Deeds office to assure the animal unit/acre restriction is complied with. …

(33)

Solar energy systems in the A-1 district provided all structures and uses associated with the system are at least 50 feet from all property lines and 75 feet from the ordinary high water mark. The Committee may modify the 50-foot setback from side and rear property lines shared by parcels supporting the same solar energy system. When considering a solar energy system, the Committee must determine that all of the following apply: The use and its location in the farmland preservation zoning district is consistent with the purposes of the farmland preservation zoning district; the use and its location in the farmland preservation zoning district is reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal law; the use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use; the use does 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; construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. Solar energy systems required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those utilities required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit.

(34)

Agritainment in the A-1 and A-1NC districts. The Committee may approve events and activities, such as corn mazes, hayrides, pick-your-own, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with ongoing agricultural activity on-site. The use must be an integral part of, or incidental to, an agricultural use and the use shall not require any additional buildings, structures, or improvements not already existing on the farm unless the building, structure, or improvement is determined to be temporary in nature by the Committee during the conditional use process. Agritainment does not include camping, wedding barns, or other uses addressed elsewhere in this ordinance. Code compliant parking must be provided. The retail sales of ancillary non-agricultural items is subject to detailed plan approval by the Committee. The Committee may approve the use of food trucks during agricultural related events at a density of one food truck on parcels less than one half acre, two food trucks on parcels of one half acre to one acre, and three food trucks on parcels over one acre. Food trucks may be allowed on A-1, A-1NC, A-2, A-3 and A-4 zoned areas of the parcel. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(35)

Agritainment in the A-2, A-3 and A-4 districts. The Committee may approve events and activities, such as corn mazes, hayrides, pick-your-own, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with ongoing agricultural activity on-site. Agritainment does not include camping, wedding barns, or other uses addressed elsewhere in this ordinance. Code compliant parking must be provided. The retail sales of ancillary non-agricultural items is subject to detailed plan approval by the Committee. The Committee may approve the use of food trucks during agricultural related events at a density of one food truck on parcels less than one half acre, two food trucks on parcels of one half acre to one acre, and three food trucks on parcels over one acre. Food trucks may be allowed on A-1, A-1NC, A-2, A-3 and A-4 zoned areas of the parcel. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 1-11-05; Amd. of 3-8-05; Amd. of 5-10-05; Amd. of 8-9-05; Ord. No. 315-09/05, pt. II, 9-8-05; Ord. No. 353-04/06, pt. IV, 4-20-06; Ord. No. 591-12/09, pt. XIX, 12-15-09; Ord. No. 673-03/11, pt. II, 3-8-11; Ord. No. 740-09/12, pt. X, 9-6-12; Ord. No. 879-09/14, pt. IX, 9-4-14; Ord. No. 938-07/15, pt. IV, 7-14-15; Ord. No. 940-07/15, pt. III, 7-20-15; Ord. No. 996-07/16, pt. II, 7-28-16; Ord. No. 1049-06/17, pt. XI, 6-13-17; Ord. No. 1074-11/17, pt. II, 11-6-17; Ord. No. 1129-07/18, pt. III, 7-10-18; Ord. No. 1194-11/19, pt. V, 11-12-19; Ord. No. 1273-05/22, pt. III, 5-10-22; Ord. No. 1377-07/25, pt. II, 7-8-25)

Except where specifically permitted as a principal use in division 3, the following recreational related uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in sections 74-28 and 74-29 and upon the particular problems related to development of the site or sites as proposed.

(1)

Golf courses and country clubs in all residential and park districts, the C-2 conservancy district, and the B-5 district.

(2)

Ski hills in the A-2, A-3, P-1, P-2, C-2, R-5 and B-5 districts.

(3)

Yachting clubs and marinas in the P-1, P-2, C-1, C-2, B-3, B-4 and B-5 Districts.

(4)

Hunting and fishing clubs in the A-2, C-1, C-2 and P-1 districts.

(5)

Recreational camps in the A-2, P-1, P-2, C-1 and C-2 districts subject to the following regulations, ATCP 78, and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a.

Yards. There shall be a yard on each side of a recreational camp as follows:

1.

Street: Minimum 100 feet.

2.

Rear: Minimum 100 feet.

3.

Side: Minimum 50 feet.

b.

Screening. There shall be a condition of the granting of the permit for a recreational camp, and a continuing condition for the operation of the same, that the natural vegetation of the area, including grass, flowers, shrubs, and trees, be allowed to grow and develop in all required yards, except noxious plants, weeds, and trees, or that vegetation of equivalent density be planted therein so as to provide a natural screen between a camp and neighboring areas and so that required yards shall be unused and unusable for general purposes of camp operation.

c.

Off-street parking: Off-street parking shall be provided on the premises of any such recreational camp, but not in any required yard, equal to not less than one parking space for each camping unit, plus one additional parking space for each motor vehicle operated in connection with such camping.

d.

Sewage disposal: Where public sanitary sewer service is not available, sanitary sewage and waste disposal facilities shall be provided as required by Chapter SPS 383 and ATCP 78/79 of the Wisconsin Administrative Code and constructed and maintained as required by the County sanitary ordinance.

e.

Water supply: Where public water is not available, the well or well supplying any camping area shall comply with Chapter DHS 178 of the Wisconsin Administrative Code, except that well pits or pump pits shall not be permitted.

(6)

Public or private campgrounds in the P-1, P-2, C-2 and B-5 districts subject to the following regulations, ATCP 78/79, and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a.

Camping area location. The temporary accommodation of persons providing their own means of shelter is permitted only in the locations approved on the site development plan, as required under section 74-58 of this ordinance. In approving such locations, the Park and Planning Commission shall view the proposed site and consider the general purpose and intent of this zoning ordinance to promote the public health, safety, and general welfare and to prevent overcrowding and the development of unhealthful or unsanitary conditions on the premises. Occupancy of a camping unit on a continuous year-round basis or utilization of a camping unit as a permanent abode or legal place of residence shall be prohibited.

Within the camping areas approved on the site plan, every camping unit shall be located on a generally well-drained ground, and no camping unit nor any building or structure related to the operation of such camping area, shall be located on ground on which storm or other surface waters accumulate, or on ground which is substantially wet or muddy due to subsoil moisture. No camping area, nor any camping unit within such camping area, shall be so located as to be subject at any time to the flow of surface waters from a barn yard, or other source of pollution. No camping unit shall be located more than 400 feet from a toilet or service building.

b.

Camping unit definition. Camping unit as used in this section shall mean any "recreational vehicle," including travel trailer, pick-up coach, motor home, camping trailer, and tent. A camping unit shall not exceed a maximum living area of 400 square feet.

c.

Minimum camping unit site area. There shall be not less than 4,000 square feet of land per camping unit exclusive of required yards, parking lots, and areas devoted to permanent buildings and their grounds. Camping unit site areas shall be located and spaced at least 75 feet center to center. No camping unit shall be located within 50 feet of any other camping unit. Group camping shall be permitted only in an area designated for such use on the approval site development plan. Automobiles, except self-propelled camping units, shall not be parked in any such designed group camping area except for loading and unloading purposes.

1.

Yards. A yard shall be provided along each side of the camp except that part which fronts on a lake or stream course.

2.

Street: Minimum 100 feet.

3.

Rear: Minimum 100 feet.

4.

Side: Minimum 50 feet.

d.

Screening. It shall be a condition of the granting of the permit for such camp and a continuing condition for its operation, that the natural vegetation, including grasses, flowers, shrubs, and trees be allowed to grow and develop in all required yards, or that vegetation of equivalent density be planted therein, so as to provide a natural screen between such camp and adjacent properties.

e.

Off-street parking. Off-street parking shall be provided on the premises of all camping areas in the ratio of not less than one parking space for each camping unit. Each such parking space shall be not less than 12 feet in width and of a length sufficient to accommodate the longest vehicle or vehicles to be parked therein.

f.

Water supply. There shall be an adequate source of pure water with supply outlets for drinking and domestic purposes located not more than 300 feet from any camping unit. Where a public water supply is not available, the well or wells supplying any camping area shall comply with ATCP 78 and the Wisconsin Well Construction Code; except that well pits or pump pits shall not be permitted. Supply outlets may be located in a service building if separate from toilet or laundry rooms. No common drinking vessels shall be permitted, nor shall any drinking water faucets be placed in any toilet rooms.

g.

Sewage disposal. Sanitary sewage and waste disposal facilities shall be provided as required by ATCP 78/79 and Chapter SPS 383 of the Wisconsin Administrative Code, and constructed and maintained as required by the sanitary ordinance.

h.

Drives and walkways. There shall be a system of driveways and walkways connecting every camp unit within any camping area with a public street or highway. Such driveways shall be not less than 16 feet in width and such walkways shall be not less than five feet in width. All driveways, walkways, and parking areas shall be so constructed and maintained as to prevent the accumulation of surface waters and the formation of substantial muddy areas. Driveways shall be well lighted at night and shall be unobstructed at any time.

i.

Maintenance: It shall be a condition on the granting of a permit for the camping area, and a continuing condition for the operation of the same that:

1.

Drainage of the area shall be maintained and camping units placed on well drained ground.

2.

Required yards shall be maintained.

3.

Water supply, sanitary sewage, and waste disposal facilities shall be maintained.

4.

Driveways, walkways, and parking areas shall be maintained.

5.

All requirements of ATCP 78 of the Wisconsin Administrative Code shall be met and maintained.

j.

Permit renewal. Any conditional use permit issued for a campground, including permits issued to existing operations, shall be in effect for a one-year time period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the County Park and Planning Commission after a public hearing.

k.

Existing operations. Within 60 days after the effective date of this ordinance, all existing campground operations in a town shall be required to register with the County Zoning Administrator, and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data maps showing existing campground layout, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the County Zoning Administrator to such existing operations for the extent of the existing operation only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in sections 74-46 and 74-47. Notwithstanding the foregoing, however, the County Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

(7)

Planned campground developments. Planned campground developments are conditional uses in the P-1, P-2, and B-5 zoning district subject to the following regulations, ATCP 78/79, and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing:

a.

Planned campground development area location. In approving such locations, the Committee shall view the proposed site and consider the general purpose and intent of this zoning ordinance to promote the public health, safety, and general welfare and to prevent overcrowding and the development of unhealthful or unsanitary conditions on the premises.

Occupancy of a camping unit on a continuous year-round basis or utilization of a camping unit as a permanent abode or legal place of residence shall be prohibited. Compliance with this requirement shall be the responsibility of the campground association.

Within the camping areas approved on the site plan, every camping unit shall be located on generally well-drained ground, and no camping unit nor any building or structure related to the operation of such camping area, shall be located on ground on which storm or other surface waters accumulate, or on ground which is substantially wet or muddy due to subsoil moisture. Any grade changes or retaining walls of more than six inches, not included in the original approved development plan, is subject to conditional use review by the County Zoning Agency. No camping area, nor any camping unit within such camping area, shall be so located as to be subject at any time to the flow of surface waters from a barn yard, or other source of pollution.

b.

Camping unit definition. Camping unit as used in this section shall mean any "recreational vehicle," including travel trailer, pick-up coach, motorhome, camping trailer and park model. A camping unit shall not exceed a maximum living area of 400 square feet. All camping units shall remain mobile. The original wheel assembly shall not be removed, wheels shall be in contact with the pad, the pad shall not exceed six inches above the original grade and the unit shall not be installed upon footings nor a foundation.

c.

Perimeter yards. There shall be a bufferyard on all sides of a planned campground development as follows:

1.

Street: Minimum 100 feet.

2.

Rear: Minimum 100 feet.

3.

Side: Minimum 50 feet.

d.

Screening. There shall be a condition if granting the permit for a planned campground development and a continuing condition for the operation of the same, that the natural vegetation of the area, including grass, flowers, shrubs and trees be allowed to grow and develop in all perimeter yards (except noxious plants, weeds and trees), or the vegetation of equivalent density be planted therein so as to provide a natural screen between the campground and neighboring areas and so that perimeter yards shall be unused and unusable for general purposes of the camp operation.

e.

Off-street parking. Off-street parking shall be provided on the premises of all camping areas in the ratio of not less than one parking space for each camping unit, plus one additional parking space for each motor vehicle operating in connection with such camping, but not to be located in any required yard. Each such parking space shall not be less than 12 feet in width and of a length sufficient to accommodate the longest vehicle or vehicles to be parked therein.

f.

Sewage disposal. Where public sanitary sewer service is not available, sanitary sewage and waste disposal facilities shall be provided as required by chapter SPS 383 of the Wisconsin Administrative Code and constructed and maintained as required by the County sanitary ordinance. No camping unit shall be located more than 400 feet from a toilet or service building.

g.

Water supply. There shall be an adequate source of pure water with water outlets for drinking and domestic purposes located not more than 300 feet from any camping unit. Where a public water supply is not available, the well or wells supplying any camping area shall comply with the Wisconsin Well Construction Code; except that well pits or pump pits shall not be permitted. Supply outlets may be located in a service building if separate from toilet or laundry rooms. No common drinking vessels shall be permitted nor shall any drinking water faucets be placed in any toilet rooms.

h.

Interior roadways and walkways. There shall be a system of roadways and walkways connecting every unit within any camping area with a public street or highway. Such roadways shall be not less than 16 feet in width and such walkways shall be not less than five feet in width, unless by means of a conditional use permit, the width of the roadway(s) or walkway(s) within the planned campground are modified by the County Zoning Agency. All roadways, walkways, and parking areas shall be so constructed and maintained as to prevent the accumulation of surface waters and the formation of substantial muddy areas. Roadways shall be well lit at night and shall be unobstructed at all times.

i.

Interior setback requirements.

1.

Ten foot street yard setback requirement from edge of pavement of the interior roadways. (Corner lots require two streetyard setbacks.)

2.

Five foot side yard setback requirement.

3.

Five foot rear yard setback requirement.

4.

75 foot shore yard setback requirement.

j.

Storage sheds.

1.

The storage shed shall be freestanding in its construction.

2.

Maximum size not to exceed 150 square feet total.

3.

Height not to exceed 12 feet from original grade to peak.

4.

If located in the rear yard shall be located at least three feet from lot lines.

5.

If located in the street yard shall be located at least ten feet from the pavement of the interior roadway and five feet from the side lot line.

6.

If located in the side yard shall be located at least five feet from the lot lines.

7.

If located in the shore yard shall be located at least five feet from the side property line and 75 feet from the ordinary high water mark.

k.

Structures (including but not limited to enclosures, porches, decks, stairways, and gazebos).

1.

The structure shall be freestanding in its construction and shall not be installed upon footings nor a foundation. A nonpermanent weather/storm seal may be used to adjoin the camping unit to the enclosure, deck, and/or gazebo.

2.

Structures shall be required to maintain the interior setback requirements as listed above.

3.

HVAC, plumbing and electrical shall be subject to all applicable codes.

4.

Height not to exceed 17 feet or the height of the ridge line of the camping units original roof whichever is less.

5.

A combination of structures not to exceed the size/square footage of the existing camping unit is permitted subject to meeting setback requirements.

6.

Any detached enclosure or porch (not a deck, stairway, gazebo or an enclosure enjoined to the camping unit by a weather seal) is only permitted through the conditional use process.

7.

If a unit is replaced with a smaller unit and the structures remaining exceed the unit size, the continued location of those structures exceeding the unit size are subject to County Zoning Agency review and approval.

l.

Structures, limited to those listed below, are exempt from the size limitations listed above and zoning permit requirement, provided:

1.

Essential service structures limited to the minimum necessary to screen or enclose utilities to protect from the weather. The structure shall not be used for additional storage.

2.

Temporary gazebo tent limited to 150 square feet in size, shall be located on existing grade, and further provided the side wall components shall be constructed of fabric, screening or shall be open sided and the roofing material shall also consist of fabric and shall provide for zero dead load, live load and snow load, except for the skeleton of the roof. The skeleton of the structure shall not be made of wood or concrete. All fabric and screening shall be removed from November through March. No overnight stays are permitted in the gazebo.

3.

Interior fencing shall be limited to dog and essential service fencing not to exceed a 15-foot by 15-foot enclosure and no more than three feet in height. Fencing may not be anchored by a frost footing. Essential service fencing shall not exceed the necessary dimensions to conceal the services.

m.

Maintenance. It shall be a condition on the granting of a permit for the camping area, and the continuing condition for the operation of the same that:

1.

Drainage of the area shall be maintained and camping units placed on well drained ground.

2.

Required yards shall be maintained.

3.

Water supply, sanitary sewage, and waste disposal facilities shall be maintained.

4.

Roadways, walkways, and parking areas shall be maintained.

5.

All requirements of ATCP 78/79 of the Wisconsin Administrative Code shall be met and maintained.

n.

Permit renewal. Any conditional use permit issued for a planned campground development including permits issued to existing operations, shall be in effect for a one-year period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the Committee after a public hearing.

o.

Existing operations. Within 60 days after the effective date of the adopted policy dated February 20, 1998, all existing campground operations shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership date, maps showing existing campground layout, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any site within the existing operation which does not comply with this registration requirement shall be required to meet current ordinance requirements.

(8)

Cultural activities, such as aquariums, art galleries, botanical gardens, arboreta, historic and monument sites, libraries, museums, planetaria, and zoos in the P-1, P-2 and B-5 districts.

(9)

Amusement activities such as fair grounds, roller skating rinks, go-cart tracks, race tracks, and recreation centers in the P-1 and B-5 districts. The use of food trucks may be allowed at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(10)

Public assembly uses such as amphitheaters, arenas, field houses, gymnasiums, natatoriums, auditoriums, exhibition halls, music halls, legitimate theaters, motion picture theaters, and stadiums in the P-1, P-2, B-2, B-3, B-4 and B-5 districts. The use of food trucks may be allowed at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(11)

Commercial stables in the A-2, C-2, P-1, P-2 and B-5 districts.

(12)

Archery ranges, golf driving ranges, firearm ranges, sports fields, polo fields, and skating rinks in the P-1, P-2 and B-5 districts.

(13)

Commercial recreation facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, racetracks, rifle ranges, Turkish baths, skating rinks, and theaters in the B-2, B-3, B-4 and B-5 business districts.

(14)

Off-season storage facilities for boats and other recreational vehicles, such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes, in the B-1, B-2, B-3, B-4, M-1, M-2 and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

(15)

Hotels, motels and tourist courts in the B-3, B-4 and B-5 districts.

(16)

Commercial arboretum in the C-2 districts outside environmental corridors and in the B-4 district.

(17)

Special event campgrounds in the B-5 district subject to the special event campground regulations of DHS 178.

(Ord. of 6-11-02; Ord. No. 315-09/05, pt. III, 9-8-05; Ord. No. 369-07/06, pt. III, 7-11-06; Ord. No. 561-06/09, pt. II, 6-9-09; Ord. No. 591-12/09, pt. XX, 12-15-09; Ord. No. 740-09/12, pt. XI, 9-6-12; Ord. No. 873-07/14, pt. II, 7-8-14; Ord. No. 974-03/16, pt. I, 3-8-16; Ord. No. 978-04/16, pt. II, 4-21-16; Ord. No. 999-09/16, pt. I, 9-6-16; Ord. No. 1049-06/17, pt. XII, 6-13-17; Ord. No. 1171-06/19, pt. XI, 6-11-19; Ord. No. 1273-05/22, pt. IV, 5-10-22)

Except where specifically permitted as a principal use in division 3 the following residential and quasi-residential uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in sections 74-28 and 74-29 and upon the particular land use problems related to development of the site or sites as proposed.

(1)

Conservation development design.

a.

Applicability. Conservation development design may be used on a voluntary basis for all residential developments with five or more dwellings in the A-2, C-2, C-3, R-1, R-2, R-2A and R-3 zoning districts and requires conditional use approval.

b.

Intent.

1.

To conserve conservation land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodlands and wetlands, by protecting them from development. Where applicable, conservation land shall be laid out in general accordance with the wide, open space networks advocated by the Southeastern Wisconsin Regional Planning Commission, to encourage protection of an interconnected system of conservation lands.

2.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs and the amount of paving required for residential development.

3.

To reduce erosion and sedimentation by the retention of existing vegetation, and by minimizing development on steep slopes.

4.

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.

5.

To conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the adopted County Land Use Plan.

6.

To create neighborhoods with direct access to open land, with amenities in the form of conservation land.

7.

To provide for the conservation and maintenance of conservation land within the County to achieve the above-mentioned goals and for active or passive recreational use by residents.

8.

To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodlands, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls.

9.

To provide standards that preserve the unique characteristics of individual properties so that their special or noteworthy features may be designed around and conserved.

10.

To encourage the protection of the elements of the county's beauty and rural character.

c.

General regulations for conservation development design: The design of all new subdivisions and other development projects using conservation design shall be governed by the following requirements for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts:

1.

Conservation development application, procedure, and approval process: The developer/applicant must follow the conservation development application, procedure, and approval process as identified in section 4.11 of the county subdivision control ordinance.

2.

Site design. A site context map, existing resources and site analysis map, and sketch plan overlay sheet shall be prepared, as required by sections 5-A., 5-A.1, 5-A.2, and 5-A.3 of the county subdivision control ordinance. All conservation-design development projects shall use the four-step design process for conservation subdivision set forth in section 5-A.4 of the subdivision control ordinance.

3.

The calculation of site capacity, or the number of dwelling units permitted on a site, shall be based on net buildable area (NBA). The site capacity shall be obtained by dividing the net buildable area within each district by the residential density allowed in the district. Fractional dwelling yield totals may not be combined between different zoning district. The applicant shall determine the net buildable area (NBA) using the following method, substantiated by sufficient plans and data to verify the calculations:

Gross tract area: _____ acres

From the gross tract area, subtract the following:

All lands located within existing and proposed street rights-of-way: _____ acres

All wetland areas: _____ acres

All of the area located within a pond, lake, or stream channel: _____ acres

The result is the net buildable area (NBA): _____ acres

Note: Where two or more categories overlap, the overlapping acreage shall be counted only once, using the most restrictive classification.

d.

Uses for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts:

1.

All residential accessory structures are permitted subject to limitations of division 2.

2.

Accessory uses permitted on conservation lands are limited to the following:

i.

Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).

ii.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles unless specifically approved in the conditional use permit, rifle ranges, and other uses similar in character.

iii.

Active noncommercial public and private recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required conservation land or five acres, whichever is less. Playing fields, playgrounds and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be graded and dust-free, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces.

iv.

Golf courses, provided they do not comprise more than half of the minimum required conservation land, but not including driving ranges or miniature golf. Their parking areas and any associated structures shall not be included within the minimum conservation land requirement; their parking and access ways may be paved and lighted.

v.

Water supply and sewage disposal systems and storm water detention areas designed, landscaped, and available for use as an integral part of the conservation land and also designed to maximize infiltration and groundwater recharge. Individual private wells and/or septic system disposal fields (filter beds) may be located within the common open space in conservation developments, in which case their maintenance responsibility shall lie with the owner of the dwelling to which it is connected. In such situations, the owners association shall be responsible for pumping the septic tanks (which may be located within individual house lots) on a periodic basis, according to the county sanitary ordinance.

vi.

Easements for drainage access sewer or water lines, or other public purposes.

vii.

Underground utility rights-of-way, aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required conservation land.

3.

Uses limited to conservation lands of five acres or more zoned for agricultural uses for the A-2, and C-2 districts:

i.

Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, except residential buildings. Also specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce offensive odors.

ii.

Pastureland for horse, commercial equestrian facilities shall be permitted but may not consume more than half of the minimum required conservation land.

iii.

Silviculture, in keeping with established standards for selective harvesting and sustained yield forestry.

e.

Frontage for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts: For dwellings served by public or central water and sewer, dwellings may front directly onto a park or common open space area, provided they are served by a rear street access.

f.

Up to 50 percent of the minimum required conservation lands may be contained within individual, private conservancy lots which are ten acres or greater in size for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts.

g.

Buffers for adjacent public parkland, land trust preserves, or active farmland: Where the proposed development adjoins public parkland, conservation parcels owned by land trusts, or active farmland, a natural conservation land buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, land trust preserve, or lands zoned A-1. Within this buffer no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is not wooded, the Zoning Agency may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

h.

Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with this ordinance, shall be provided to conservation land in accordance with the following requirements:

1.

Each development shall provide one centrally located access point per 15 lots, a minimum of 25 feet in width.

2.

Access to conservation land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

i.

A density bonus shall be allowed at the specified rate for each of the following up to a 20 percent site capacity maximum:

1.

A ten percent density bonus shall be allowed for increasing the total shoreyard setback to 150 feet from the ordinary high-water mark of navigable lakes, ponds, flowages and streams.

2.

A five percent density bonus shall be allowed for increasing the total shoreyard setback to 100 feet from the ordinary high-water mark of navigable lakes, ponds, flowages and streams.

3.

A ten percent density bonus shall be allowed for providing a 75-foot buffer (setback) from the entire edge of a non-zoned (isolated) wetland. To qualify for this bonus the applicant shall meet conservation standards as determined by the land conservation Committee.

4.

A five percent density bonus shall be allowed for developments that preserve intact, with the exception of allowable open space uses, areas designated as environmental corridors. To qualify for this bonus there shall be a minimum of ten percent of the project site within the environmental corridor.

5.

A five percent density bonus shall be allowed for providing ten percent greater conservation land (open space) than required for the development.

6.

A ten percent density bonus shall be provided if the owner provides, fee simple dedication of an access easement for public use of parks and/or trails to a public agency with approved acceptance pursuant to section 11.9-B(b)(3) of the subdivision control ordinance.

7.

A five percent density bonus shall be provided if the owner provides a conservation easement to a public agency with approved acceptance pursuant to section 11.9-B(b)(4) of the subdivision ordinance.

8.

A five percent density bonus shall be provided if the owner provides permanent preservation of a significant archaeological site not already required to be preserved by state or Federal preservation requirements.

9.

A five percent density bonus shall be provided if the owner provides for restoration or rehabilitation with active maintenance of native plant species on 50 percent or greater of the required open space/conservation lands. Active maintenance must be part of a Land Stewardship plan as specified in section 11.9-B(d) of the subdivision ordinance.

10.

A five percent density bonus shall be provided if the owner provides a fee simple dedication to a nonprofit conservation organization or the dedication of a conservation easement to a nonprofit conservation organization pursuant to subsections 11.9-B(b)(5) and (6) of the subdivision control ordinance.

11.

A five percent density bonus shall be provided if a nonprofit conservation organization or public agency holds a conservation easement on the conservation land and the subdivider has created a stewardship fund or endowment sufficient to generate annual interest to cover the costs that the nonprofit conservation organization or public agency incur for monitoring the conservation land annually and taking the appropriate enforcement actions for violations or encroachment within the conservation land. The endowment fund may also be used to cover the cost of any insurance required of the holder of the conservation easement. This density bonus is only considered when a conservation easement is held on undivided conservation land. A density bonus can not be considered when a conservation easement is obtained on an individual subdivision lot or lots. The county and the local unit of government shall review any maintenance agreement and endowment fund established by the subdivider and the nonprofit conservation organization or public agency.

12.

A five percent density bonus shall be allowed for providing for the reuse or preservation of historical structure(s) located on a site. The structure(s) must be on the state or Federal register of historic places. The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall apply.

13.

A five percent density bonus shall be allowed for providing affordable housing, to include a minimum of 25 percent of all units that would be affordable to moderate-income household, as defined by the U.S. Department of Housing and Urban Development.

The minimum conservation land requirement must be met when using the density bonus.

j.

Intersections and access: New intersections with existing public streets shall be minimized.

k.

The conservation design review standards as specified in section 11.9-A of the County subdivision control ordinance shall be followed in design of a conservation development for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts. Section 11.9-A of the subdivision ordinance provides the prioritized list of resources to be conserved and other design considerations for the development.

l.

The common conservation lands, including common elements or outlots, shall be deed restricted and conditioned by the conditional use approval to remain open, jointly owned by undivided percentage interest and appurtenant to each buildable lot/units created by the conservation development design. The developer/applicant shall follow the conservation land ownership and maintenance standards as specified in section 11.9-B of the County subdivision control ordinance for the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts. This section provides for the permanent protection of the conservation land, ownership, the maintenance and operation of the conservation land, the land stewardship plan.

(2)

Planned residential developments in the A5, R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, R-8, C-2, C-3 and B-5 districts, provided that no planned development shall be approved which includes residential uses not permitted as a principal use in the given district. The district regulations, excluding exterior district setback requirements, may be modified provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. Parking stall and interior driveway requirements to private right of ways for property located in the R-5, R-5A, R-6 and B-5 planned districts may be modified by the Committee provided barriers (i.e. curbed landscaped islands, striping) are installed to define those private right of ways and further provided that any modification be in accordance with the purpose and intent of this ordinance. The proper preservation, care, and maintenance by the original and all subsequent owners of the exterior design shall be assured by deed restriction. All common structures, facilities, essential services, access and open spaces shall also be assured by deed restrictions.

The following district regulations may be modified by the Committee but never below the following minimums:

(3)

Fraternities, lodges, and meeting structures of a noncommercial nature in the R-4 residential, and all business districts provided all principal structures and uses are not less than 25 feet from any lot line.

(4)

Rest Homes, nursing homes, home for the aged, clinics, and children's nurseries or day care centers in the R-4 residential and all business districts provided all principal structures and uses are not less than 50 feet from any lot line.

(5)

Barbering and beauty culture operations in all residential districts, not to exceed 25 percent of the total floor area. Such operations shall not involve any external alteration that would effect a substantial change in the residential character of the building.

(6)

Home occupations in the A-2, A-3, A-5, C-2, C-3, R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, R-8 districts, not to exceed 25 percent of the area of any floor of a building on the parcel. Such operations shall not involve any external alteration that would effect a substantial change in the residential character of the building or parcel, may include employees and stock and trade may be kept or sold from the premises after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance.

(7)

Mobile homes, in the A-2 and A-3 districts when necessary and essential to the principal or conditional permitted use.

(8)

Two-family dwellings and multi-family dwellings in the R-4 residential district.

(9)

One-family detached dwellings, one-family semi detached dwellings; one-family attached dwellings; two-family dwellings; multiple-family dwellings; and all principal uses permitted in the B-1 local business district, provided that such business uses shall not occupy more than 15 percent of the total development area, in the R-5 planned residential development district.

(10)

Mobile home dwellings and single-family dwellings in the R-6 planned mobile home park residence district.

(11)

One dwelling unit in the B-1, B-2, B-3 and B-4 business districts when located detached from the principal business structure. This provision is established to provide Committee review of detached residences that existed prior to 1994 and for special circumstances where a residence can not be located within the primary business structure.

(12)

Model apartments, model condominiums and related temporary real estate sales office located within the model unit and related temporary real estate sales office trailers in the R-4, R-5 and R-8 districts, model mobile home and related temporary real estate sales office located within the model unit in the R-6 and R-7 district, model single-family homes and model single-family condominiums and related temporary real estate sales office located within the model unit and related temporary real estate sales office trailers in the R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7 and R-8 districts, model two-family homes and model two-family condominiums and related temporary real estate sales office located within the model unit and temporary real estate sales office trailers in the R-3, R-4, R-5 and R-8 districts, may be permitted as a conditional use if limited to the following:

a.

Models may be located in all new subdivisions for a period not to exceed three years from the date of issuance of a zoning permit.

b.

Models shall not be used as a real estate office other than incidental to showing the model dwelling.

c.

Models shall be designed in such a manner as to blend with existing neighborhood environments.

d.

Models shall not be open beyond 9:00 p.m.

e.

One sign may be permitted provided, however, that it is no larger than four feet by six feet and further provided that in the event that said sign is lighted, there is no flashing or traveling lights associated with said sign.

f.

Models shall be completely landscaped and have a paved driveway within one year from the date of issuance of the zoning permit.

g.

No parking lots shall be created that would not normally be found in a single-family development.

h.

Sufficient parking shall be provided in model home driveways and may be provided on subdivision roads, but in no case shall the parking be allowed on any Federal, State, County or Town highway. Any parking on subdivision roads shall be done in such a manner as to minimize congestion to the surrounding neighborhood.

(13)

Bed and breakfast establishments in the A-2, A-3, A-5, C-2, C-3, R-1, R-2, R-2A, districts provided the owner of the bed and breakfast establishment resides in the establishment. No bedrooms shall be permitted to be located in an accessory structure. No more than four bedrooms shall be rented to no more than a total of ten tourists or transients. Individual rentals shall not exceed 14 consecutive days in length. No retail sales shall occur in a bed and breakfast establishment. No meal except breakfast is served and the breakfast is provided only to lodgers. The establishment was originally built and occupied as a single-family residence or, prior to the use as a place of lodging, was converted to use and occupied as a single-family residence. One exterior advertising sign, not exceeding nine square feet in area, may be erected on the premises (see sections 74-82/74-211).

(Ord. of 6-11-02; Amd. of 1-14-03; Amd. of 7-13-04; Amd. of 5-10-05; Ord. No. 436-05/07, pt. II, 5-8-07; Ord. No. 462-10/07, pt. I, 10-9-07; Ord. No. 466-11/07, pt. VIII, 11-13-07; Ord. No. 563-06/09, pt. II, 6-9-09; Ord. No. 591-12/09, pt. XXI, 12-15-09; Ord. No. 819-12/13, pt. II, 12-10-13; Ord. No. 879-09/14, pt. X, 9-4-14; Ord. No. 1049-06/17, pt. XIII, 6-13-17)

Except where specifically permitted as a principal use in division 3 the following commercial and related uses shall be conditional uses and may be permitted as specified. Any outside storage or display areas in conjunction with the following commercial and related uses may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way. In approving or disapproving the location of a conditional use the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in section 74-28 and 74-29 and upon the particular land use problems related to development of the site or sites as proposed.

(1)

Drive-in theaters in the B-2 and B-5 districts provided that a planting screen at least 25 feet wide is created along any side abutting a residential district.

(2)

Establishments serving food or beverages for consumption outside the principal structure in the B-1, B-2, B-3, B-4 and B-5 districts. Compliant parking must be provided to accommodate the outdoor use of the property. The use of food trucks may be allowed at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(3)

Funeral homes in the B-2 district provided all principal structures and uses are not less than 25 feet from any lot line.

(4)

Drive-up banks in the B-2 and B-4 districts.

(5)

Vehicle sales, service, washing, and repair stations, gasoline service stations, garages, taxi stands, and public parking lots, in all business districts. Car wash facilities shall be installed in such a manner as not to cause spray or run-off water to encroach upon any adjoining properties or public right-of-ways.

(6)

Boats and marine supplies, not including manufacturing; bait shops; taverns; bars; swimming beaches; bath houses; and yachting clubs in the B-3 waterfront business district.

(7)

Automobile and truck retail services. Automobile repair services; tow lots; bars, taverns, night clubs, and dance halls; gasoline service stations; souvenir sales; and service, and installation of tires, batteries, and accessories in the B-4 highway business district.

(8)

Planned commercial recreation facilities in the B-5 planned commercial recreation business district, including aircraft landing and takeoff fields; amusement parks and miniature golf courses; boat rentals and boat access sites; campgrounds; dance halls; restaurants, taverns, bars, night clubs; drive-in movies; dude ranches; fair grounds; health and recreational resorts; retail sales of antiques, books, cameras, and photographic supplies, candy, nut, and confectionery, china, glassware, and metalware, cigars, cigarettes, and tobacco, flowers, fur apparel, gifts, novelties, and souvenirs, jewelry, men's and boy's clothing and furnishings, music supplies, newspapers and magazines, shoes, sporting goods, stationery, toys, women's and girl's clothing and furnishings, and drug stores; personal services, including artists services, barber services, beauty services, dry cleaning, photographic studios, shoe repairing cleaning services, custom tailoring, and travel arranging services; go-cart tracks; golf courses and related facilities; hotels and motels; penny arcades; race tracks; riding stables; roller skating rinks; skiing and tobogganing; snowmobile trails; swimming beaches; skeet, trap, and rifle ranges; and single-family and multiple-family dwelling units when located on the same site with health or recreational resorts, provided that the transfer of any dwelling units may only include therewith a fractional interest in the site on which the dwelling unit is located.

(9)

Business directory signs exceeding three per business in all agricultural districts.

(10)

Flea markets in the A-4, B-2, B-3 and B-4 districts.

(11)

Commercial greenhouse in the A-4, C-2 (outside primary environmental corridors) and B-4 districts.

(12)

Hotels, motels and tourist courts in the B-3, B-4, and B-5 districts.

(13)

Signage provisions under section 74-86 for on-premise signs in the B-1, B-2, B-3, B-4, B-5 zoning districts may be modified by the Committee but no sign shall be closer than five feet to any property line.

(14)

Planned unit developments in the B-1, B-2, B-3, and B-4 districts, provided that no planned unit development shall be approved which includes uses not permitted in the given district. The district regulations, excluding exterior district setback requirements, may be modified by the Committee provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design shall be assured by deed restriction. All common structures, facilities, essential services, access and open spaces shall also be assured by deed restrictions. Area, width and yard requirements of the district shall apply. Building separation: The minimum building separation shall be 30 feet unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

(15)

Off-season storage facilities for boats and other recreational vehicles such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes, in the B-1, B-2, B-3, B-4, M-1, M-2 and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

(16)

Mini-warehouse facilities in the B-1, B-2, B-3, B-4, B-5 zoning districts.

(17)

Building contractors storage yard in the B-2, B-4, M-1, M-2, and A-4 districts.

(18)

Shared parking. County Zoning Agency may grant conditional use approval for shared parking in the B-1, B-2, B-3, B-4, and B-5 districts after public hearing and review. The Committee may authorize as much as a 40 percent reduction in the area to be paved for non-residential off-street parking stalls when parking is shared by two or more uses provided:

a.

The uses that are sharing parking have peak parking demand at different times.

b.

Pedestrian sidewalks or paths are provided as safe connections between any uses sharing the parking area.

c.

Land-banking of reserved area: When a parking reduction has been authorized, the Committee shall require that sufficient area on the property be held in reserve for the potential future development of paved off-street parking to meet the full requirements. When required, this reserve off-street parking area shall be shown and noted on the site plan, maintained as open space, and developed with paved off-street parking spaces when the County determines that such off-street parking is necessary due to parking demand on the property which exceeds original expectations. The reserve area may not be counted as part of any required green space area. The County may require that a letter of credit or other approved financial surety be provided at the time of permit issuance in an amount not to exceed 125 percent of the estimated cost of parking lot completion, to be exercised at County discretion, should the need for parking lot completion be determined.

d.

If shared parking is approved by the Committee, a shared parking agreement, signed by all parties, shall be recorded with the Register of Deeds. The agreement shall state a minimum time frame for the agreement to be in force; provide for ingress/egress easements; and state safe and proper maintenance provisions for driveways, parking and pedestrian connections.

e.

Compliance with all other provisions of this ordinance shall be required of all conditional uses (section 74-59/74-186).

(19)

Employer Based Housing in the B-5 district if all of the following apply:

a.

Housing shall be located on the same site as the place of employment. The employment site shall be identified during the conditional use process.

b.

Resident employees shall be employed for an established, temporary period not exceeding 12 months.

c.

One employer based housing dwelling unit on the employment site may be occupied by an employer based housing manager and his or her family.

d.

Resident employees shall be employed exclusively by the on-site employer and any work being performed off-site shall be only incidental to the resident employee's primary employment responsibilities.

e.

No minors shall be allowed to reside in the employer based housing except as a member of the employer based housing manager's family.

f.

All resident employees in an individual dwelling unit must be of the same gender unless all residents of the dwelling unit consent to mixed-gender occupancy.

g.

Employer based housing cannot be used for short term rental.

h.

Each dwelling unit shall contain at least 150 square feet of core living area for the first resident thereof and at least an additional 100 square feet of core living area for every additional resident thereof.

i.

Each dwelling unit shall contain a bathroom or bathrooms, separate from the other rooms, which affords privacy to occupants and that, in total, contains at least one toilet, lavatory basin, and bathtub or shower, in good working condition, properly connected to hot and cold water lines and a sanitary sewer or septic system. Restrictions on hot water use are prohibited.

j.

One bathroom shall be considered adequate for up to four resident employees.

k.

Each bedroom shall provide at least 400 cubic feet of air space for each bed.

l.

Each resident employee shall be provided with a separate bed.

m.

The number of beds allowed per bedroom shall not exceed two.

n.

The number of bedrooms per employer based housing dwelling unit shall not exceed four.

o.

Each resident employee shall be provided with at least a lockable storage closet or cabinet of not less than 12 inches × 12 inches × 18 inches.

p.

Resident employees shall be provided with free Wi-Fi service in their dwelling unit or within a common area of the employer based housing building. The Wi-Fi service plan shall provide for internet speeds of at least five megabits per second, per resident employee.

(Ord. of 6-11-02; Amd. of 1-11-05; Amd. of 5-10-05; Ord. No. 369-07/06, pt. IV, 7-11-06; Ord. No. 466-11/07, pt. IX, 11-13-07; Ord. No. 591-12/09, pt. XXII, 12-15-09; Ord. No. 685-08/11, pt. IV, 8-9-11; Ord. No. 740-09/12, pt. XII, 9-6-12; Ord. No. 1049-06/17, pt. XIV, 6-13-17; Ord. No. 1171-06/19, pt. XIII, 6-11-19; Ord. No. 1273-05/22, pt. V, 5-10-22; Ord. No. 1319-07/23, pt. II, 7-11-23)

Except where specifically permitted as a principal use in division 3 the following industrial and related uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing upon the general purpose and intent of this ordinance set forth in sections 74-28 and 74-29 and upon the particular land use problems related to development of the site or sites as proposed.

(1)

Sewage disposal plants in all districts.

(2)

Pea vineries, creameries, and condenseries in the A-4 and M-2 districts.

(3)

Manufacture and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lamp-black, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of Paris, plastics, poison, polish, potash, pulp, pyroxylin, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles, and varnish in the M-2 district.

(4)

Manufacturing, processing, and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar, and yeast in the M-2 district.

(5)

Manufacture and bottling of alcoholic beverages in the M-2 district.

(6)

Bag cleaning, bleacheries, canneries, cold storage warehouses; electric and steam generating plants; electroplating, enameling; forges; foundries; garbage; incinerators; lacquering; lithographing; offal, rubbish or animal reduction, oil, coal, and bone distillation; refineries; road test facilities; slaughterhouses; smelting; stock-yards; tanneries; and weaving in the M-2 district.

(7)

Outside storage and manufacturing areas in the M-1 and M-2 districts.

(8)

Wrecking, junk, demolition, automobile salvage yards and scrap yards in the M-2 district subject to the following regulations and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

a.

Location. Every wrecking, junk, demolition, automobile salvage yard or scrap yard shall be located at least 1,000 feet from the boundary of any Residential or park district or the B-1 business district, and shall further be located at least 1,000 feet from the nearest residence, not including the residence of the owner or operator of the yard.

b.

Street yard. No wrecking, junk, demolition, or scrap yard operation shall be conducted within 150 feet of any existing or proposed street, road, or highway right-of-way line.

c.

Screening. Every wrecking, junk, demolition, or scrap yard shall be surrounded by a suitable fence or dense evergreen planting screen which shall completely prevent a view of the yard operations from any other property or public right-of-way. Such fence or screen shall be at least six feet in height, and shall have no openings more than two inches in width other than approved entrances or exits. Such fence or screen shall be kept in proper repair at all times.

d.

Operations. All junk, scrap, salvage, and other material shall be kept within the fence or screen, but shall not be piled against it.

e.

Permit renewal. Any conditional use permit issued for a wrecking, junk, demolition, or scrap yard, including permits issued to existing operations, shall be in effect for a one-year time period and shall be subject to annual renewal. Modifications to previous conditions or additional conditions may be imposed upon an application for renewal provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the County Park and Planning Commission after a public hearing.

f.

Existing operations. Within 60 days after the effective date of this ordinance, all existing wrecking, junk, demolition, and scrap yards in a town shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in sections 74-46 and 74-47. Notwithstanding the foregoing, however, the County Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

g.

Revocation of permit. Upon the complaint of the County Zoning Administrator or any interested person, the Committee shall hold a public hearing to determine whether a wrecking, junk, demolition, automobile salvage yard or scrap yard permit shall be revoked, notice of such hearing to be given to all interested parties, including the town board concerned. After such public hearing, the Committee may order the permit revoked, if evidence presented at such hearing discloses that the provisions of this ordinance are being willfully violated.

(9)

Commercial service facilities, such as restaurants and fueling stations, in the M-1, and M-2 districts provided all such services are physically and otherwise oriented toward industrial district users and employees and other users are only incidental customers. The use of food trucks may be allowed at a density of one food truck on parcels less than one-half acre, two food trucks on parcels of one-half acre to one acre, and three food trucks on parcels over one acre. Food trucks shall be parked at least 25 feet from a road right-of-way, at least 75 feet from an ordinary high water mark, and at least 25 feet from any R-1, R-2, R-2A, R-3, R-4, R-5, R-5A, R-6, R-7, and A-5 district lot line.

(10)

Living quarters for watchmen or caretakers in the M-1 and M-2 industrial districts and the A-4 agricultural district.

(11)

Building contractor storage yards in the B-2, B-4, M-1, M-2 and A-4 districts.

(12)

Electric power generation plants in the M-2 district.

(13)

Planned unit developments in the M-1 and M-2 districts, provided that no planned unit development shall be approved which includes uses not permitted in the given district. The district regulations, excluding exterior district setback requirements, may be modified by the Committee provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design shall be assured by deed restriction. All common structures, facilities, essential services, access and open spaces shall also be assured by deed restrictions.

Area, width and yard requirements of the district shall apply.

Building separation: The minimum building separation shall be 30 feet unless modified by the Committee, provided the minimum building separation is never reduced below 20 feet.

(14)

Signage provisions under section 74-86 for on-premise signs in the M-1, M-2, M-3 and M-4 zoning districts may be modified by the Committee but no sign shall be closer than five feet to any property line.

(15)

Off-season storage facilities for boats and other recreational vehicles such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes, in the B-1, B-2, B-3, B-4, M-1, M-2 and A-4 districts. Any outside storage or display areas in conjunction with this use may be permitted by the Committee after considering such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance. In no case shall areas be closer than 25 feet to any right-of-way.

(16)

Mini-warehouse facilities in the M-1 and M-2 zoning districts.

(17)

Shared parking. County Zoning Agency may grant conditional use approval for shared parking in the M-1 and M-2 districts after public hearing and review. The Committee may authorize as much as a 40 percent reduction in the area to be paved for non-residential off-street parking stalls when parking is shared by two or more uses provided:

a.

The uses that are sharing parking have peak parking demand at different times.

b.

Pedestrian sidewalks or paths are provided as safe connections between any uses sharing the parking area.

c.

Land-banking of reserved area: When a parking reduction has been authorized, the Committee shall require that sufficient area on the property be held in reserve for the potential future development of paved off-street parking to meet the full requirements. When required, this reserve off-street parking area shall be shown and noted on the site plan, maintained as open space, and developed with paved off-street parking spaces when the County determines that such off-street parking is necessary due to parking demand on the property which exceeds original expectations. The reserve area may not be counted as part of any required green space area. The County may require that a letter of credit or other approved financial surety be provided at the time of permit issuance in an amount not to exceed 125 percent of the estimated cost of parking lot completion, to be exercised at County discretion, should the need for parking lot completion be determined.

d.

If shared parking is approved by the Committee, a shared parking agreement, signed by all parties, shall be recorded with the Register of Deeds. The agreement shall state a minimum time frame for the agreement to be in force; provide for ingress/egress easements; and state safe and proper maintenance provisions for driveways, parking and pedestrian connections.

e.

Compliance with all other provisions of this section shall be required of all conditional uses (section 74-59/74-186).

(18)

High-bay warehouses using oxygen reduction fire prevention in the M-2 district. The County Zoning Agency may deny such a request or limit the maximum height if the community providing primary fire protection is not able to serve the proposed structures with existing equipment.

(Amd. of 1-11-05; Amd. of 5-10-05; Ord. No. 591-12/09, pt. XXIII, 12-15-09; Ord. No. 685-08/11, pt. V, 8-9-11; Ord. No. 1049-06/17, pt. XV, 6-13-17; Ord. No. 1171-06/19, pt. XIII, 6-11-19; Ord. No. 1244-09/21, pt. II, 9-14-21; Ord. No. 1273-05/22, pt. VI, 5-10-22)

Except where specifically permitted as a principal use in division 3 the following public and semi-public uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Committee shall view the proposed site or sites and shall consider such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance set forth in sections 74-28 and 74-29 and upon the particular land use problems related to development of the site or sites as proposed.

(1)

Airports, airstrips, and landing fields, excluding heliports, in the A-2, A-3, A-4 districts and the P-2 and B-5 districts, provided, that the site area is not less than 20 acres.

(2)

Heliports in the A-2, A-3, A-4 districts, and the P2, B-2 and B-5 districts, provided that the principal structures and uses are not less than 100 feet from any residential district boundary.

(3)

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums in all districts (except A-1). In the A-1 district see section 74-61.

(4)

Utilities in all districts (except A-1) provided all principal structures and uses associated with the utility are not less than 50 feet from all district lot lines except business, park, and industrial, which will require a ten-foot setback. Utilities required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those utilities required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit. In the A-1 district see section 74-61.

(5)

Public passenger transportation terminals such as bus, taxi and rail depots, except airports, airstrips, and landing fields, are allowed in the B-2, B-3, and B-4 district, provided that all principal structures and uses are not less than 100 feet from any residential district boundary.

(6)

Public, parochial, and private elementary and secondary schools in all residential, business, agricultural (except A-1) and P-1 districts, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line. In the A-1 district see section 74-61.

(7)

Churches in all residential, business, agricultural (except A-1) and P-1 districts, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line. In the A-1 district see section 74-61.

(8)

Sanitariums; religious, charitable, penal and correctional institutions, cemeteries, mausoleums, columbaria and crematories in the P-2, B-2 and B-4 districts provided all principal structures and uses are not less than 50 feet from any lot line.

(9)

Hospitals in the B-2, B-3, B-4 districts provided all principal structures and uses are not less than 50 feet from any lot line.

(10)

Lake management facilities and activities including equipment and vehicles used in lake weed harvesting and off loading activities in the P-1 and P-2 districts.

(11)

Shared parking. County Zoning Agency may grant conditional use approval for shared parking in the P-1 and P-2 districts after public hearing and review. The Committee may authorize as much as a 40 percent reduction in the area to be paved for non-residential off-street parking stalls when parking is shared by two or more uses provided:

a.

The uses that are sharing parking have peak parking demand at different times.

b.

Pedestrian sidewalks or paths are provided as safe connections between any uses sharing the parking area.

c.

Land-banking of reserved area: When a parking reduction has been authorized, the Committee shall require that sufficient area on the property be held in reserve for the potential future development of paved off-street parking to meet the full requirements. When required, this reserve off-street parking area shall be shown and noted on the site plan, maintained as open space, and developed with paved off-street parking spaces when the County determines that such off-street parking is necessary due to parking demand on the property which exceeds original expectations. The reserve area may not be counted as part of any required green space area. The County may require that a letter of credit or other approved financial surety be provided at the time of permit issuance in an amount not to exceed 125 percent of the estimated cost of parking lot completion, to be exercised at County discretion, should the need for parking lot completion be determined.

d.

If shared parking is approved by the Committee, a shared parking agreement, signed by all parties, shall be recorded with the Register of Deeds. The agreement shall state a minimum time frame for the agreement to be in force; provide for ingress/egress easements; and state safe and proper maintenance provisions for driveways, parking and pedestrian connections.

e.

Compliance with all other provisions of this ordinance shall be required of all conditional uses (section 74-59/74-186).

(12)

Signage provisions for on-premise signs as specified in Section 74-85 for churches, schools, subdivisions or development signs may be modified by the Committee but no sign shall be closer than five feet to any property line.

(13)

Solar energy systems per chapter 65 of the Walworth County Code of Ordinances-Renewable Energy. Solar energy systems that are required to obtain a certificate of convenience and public necessity from the Wisconsin Public Service Commission or those renewable energy systems required to obtain a Federal Energy Regulatory Commission certificate shall be exempt from obtaining a conditional use permit. In the A-1 district see section 74-61.

(Ord. of 6-11-02; Amd. of 1-14-03; Ord. No. 332-01/06, pt. I, 1-10-06; Ord. No. 591-12/09, pt. XXIV, 12-15-09; Ord. No. 685-08/11, pt. VI, 8-9-11; Ord. No. 879-09/14, pt. XI, 9-4-14; Ord. No. 938-07/15, pt. V, 7-14-15; Ord. No. 1049-06/17, pt. XVI, 6-13-17; Ord. No. 1129-07/18, pt. I, 7-10-18; Ord. No. 1171-06/19, pt. XIV, 6-11-19)

Mineral extraction related uses in the M-3 mineral extraction district, including aggregate or ready-mix plants; clay, ceramic, and refractor minerals mining; crushed and broken stone quarrying; mixing of asphalt; nonmetallic mining services; processing of top soil; sand and gravel quarrying; washing, refining, or reprocessing of rock, slate, gravel, sand, or mineral; the extension of any existing mineral extraction related uses and oil and gas exploration or production.

All of the above stated mineral extraction and related uses shall be subject to the following regulations and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing.

(1)

Plat of survey. Submittal of a plat of survey showing, as appropriate, the data and information set forth in section 74-58, topographic data (minimum contour interval of five feet vertical), existing natural resource base data, the location of existing and proposed access roads, and the depth of existing and proposed excavations and an approved reclamation plan.

(2)

Operations plan. Submittal of an operations plan, including at least a description of the operational methods proposed to be used; a list of equipment, machinery, and structures to be used and constructed; a description of the source, quantity, and disposition of water to be used; a description of proposed noise and dust control procedures; reclamation plan and proposed hours of operation.

(3)

Restoration plan. Submittal of a restoration plan, which shall include all pertinent data related to proposed restoration of the site. Elements of the plan may include identification of natural features to be protected, proposed final contours (minimum contour interval of five feet vertical), type of fill, depth of restored topsoil, planting or reforestation, sodding or seeding, timing and completion data, or any other data applicable to the subject site. The restoration plan shall conform to the requirements of Article 6 Chapter 26 of the Nonmetallic Mining Reclamation Ordinance.

(4)

Permit duration. Any conditional use permit issued for a mineral extraction or related use under this section shall be in effect for a time period that shall be specified on the approved operations plan. Any variances in operations from those specified under the operations plan, or any expansion of an approved mineral extraction site or operation, shall require a new conditional use permit in accordance with the procedures set forth in sections 74-58 and 74-59. In this context, the term "expansion" shall refer both to new geographical areas of operation and to new or different operational methods and procedures.

(5)

Existing operations: Within 60 days after the effective date of this ordinance, all existing mineral extraction uses in a town shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operation only. Any existing operation which does not comply with this registration requirement shall be penalized in accordance with provisions in section 74-47. Notwithstanding the foregoing, however, the County Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

(6)

Licensing. A license from the State of Wisconsin Department of Natural Resources under Wis. Stats. ch. 295, subchapter 11 for oil and gas exploration or production is required.

(7)

Engineering. The Committee may require site-specific analysis from a professional engineer, at the applicant's expense, prior to the issuance, amendment, or renewal of a conditional use permit any time a reduced or eliminated setback is being proposed for excavations.

(8)

Nonmetallic mineral extraction in a farmland preservation area. Nonmetallic mineral extraction in a farmland preservation area requires all of the following to apply:

a.

The operation complies with subchapter I of Wisconsin State Statute chapter 295 and rules promulgated under that subchapter, with Walworth County nonmetallic mining reclamation ordinances, and with any applicable requirements of the department of transportation concerning the restoration of nonmetallic mining sites.

b.

The operation and its location in the farmland preservation area are consistent with the purposes of the farmland preservation plan.

c.

The operation and its location in the farmland preservation area is reasonable and appropriate, considering alternative locations outside the farmland preservation area, or are specifically approved under state or federal law.

d.

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

e.

The operation does 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.

f.

The owner is required to restore the land to agricultural use, consistent with any required locally approved reclamation plan, when extraction is completed.

(Ord. of 6-11-02; Ord. No. 740-09/12, pt. XIII, 9-6-12; Ord. No. 879-09/14, pt. XII, 9-4-14; Ord. No. 1366-05/25, pt. II, 5-13-25; Ord. No. 1377-07/25, pt. III, 7-8-25)

Sanitary landfill operations and incinerators in the M-4 sanitary landfill district.

All such operations shall be subject to the following regulations and such other regulations as the Committee may deem appropriate after viewing the site or sites and considering evidence presented at the hearing:

Uses to comply with Wisconsin Administrative Code, applicable State statutes and Walworth County Solid Waste Management Plan. All sanitary landfill operations must be conducted in strict accordance with the provisions of the Wisconsin Administrative Code, and Wis. Stats. ch. 289. Any proposal must also demonstrate its compatibility with the Walworth County Solid Waste Management Plan.

Plat of survey. Applicants shall submit a plat of survey showing as appropriate, the data and information set forth in section 74-58, topographic data (minimum contour interval two feet), existing natural resource base data, the location of existing and proposed excavation and fills. Subsurface investigation: Including subsoil description and groundwater depth and movement.

Operations plan. All applications shall submit an operations plan that shall include at least a description of the operational methods proposed to be used; a list of equipment, machinery, and structures to be used and constructed: a description of the source, quantity, and disposition of the water to be used; a description of proposed leachate, litter, noise, rodent and dust control procedures; and proposed hours of operation.

Restoration plan. All applications shall submit a restoration plan showing at least proposed contours (minimum contour interval of two feet), a type of fill depth of restored topsoil, planting or reforestation, and timing and completion date.

Permit renewal. Any conditional use permit issued for a use permitted in this section, including permits issued to existing operations, shall be in effect for a specified time period, but not to exceed two years. Such permit may be renewed upon application for successive periods, not to exceed two years each. Modifications to previous conditions or additional conditions may be imposed upon application for renewal, provided, however, that such modifications or additional conditions must recognize existing lawful nonconforming uses and may only be imposed by the County Park and Planning Commission after a public hearing.

Existing operations. Within 60 days after the effective date of this ordinance, all existing sanitary landfill operations in a town shall be required to register with the County Zoning Administrator and shall submit pertinent data relative to the present operation, including the boundaries of the operation, ownership data, maps showing the location of existing buildings and operational areas, and such other data as may be necessary to enable the County Zoning Administrator to create a permanent file establishing the size, layout, and operational characteristics of the existing operation. A permit shall be granted by the Zoning Administrator to such existing operations for the extent of the existing operations only. Any existing operation which does not comply with provisions in section 74-35 and 74-36 shall be penalized in accordance with provisions in section 74-47. Notwithstanding the foregoing, however, the County Zoning Administrator may make a finding that an adequate file already exists concerning an existing operation, and may accordingly waive the registration requirement and issue a permit on his own motion.

Materials are not to be stored longer than six months on property. Materials are to be containerized or stored in buildings. The following information will be required as part of the conditional use application:

(1)

A legal description of the property and the facility boundaries.

(2)

The present ownership of the proposed facility property.

(3)

Surrounding land uses.

(4)

The area served, including population.

(5)

The consistency of facility development with area wide solid waste plans and land use plans.

(6)

The types of vehicles and access routes used to transport solid waste to and from the facility.

(7)

The persons responsible for facility construction and operation.

(8)

Any additional procedures for the control of dust, odors, fire, vermin, insects, rodents, filth, and windblown materials, if appropriate.

(9)

The names and locations of all solid waste disposal facilities at which solid waste will be disposed.

(10)

Overall facility layout.

(11)

Potential markets for the recyclables.

(12)

A timetable for construction and operation.

(13)

The tentative operating schedule for the facility.

(14)

Provisions for protection of groundwater and surface waters during facility construction and operation.

(15)

An estimate of the quantities and characteristics of the waste to be processed.

(16)

A discussion of operating personnel responsibilities; hours of operation; methods of controlling fire, odors, and windblown materials; methods of controlling access. Persons responsible for operation and record keeping; names of facility licensee and owner; record keeping. Names and locations of solid waste disposal facilities at which any waste generated by the recycling operation will be disposed.

Yard waste composting sites are regulated under the Wisconsin State Natural Resources Code NR Ch. 502 and have the following locational standards:

(1)

No person may establish, construct, operate, maintain or permit the use of property for any facility regulated under this chapter within the following areas, unless a waiver from the Department of Natural Resources has been granted:

a.

Within 1,000 feet of any navigable lake, pond or flowage.

b.

Within 300 feet of any navigable river or stream.

c.

Within a floodplain.

d.

Within 1,000 feet of the nearest edge of the right-of-way of any State trunk highway, interstate or Federal aid primary highway or the boundary of any public park unless the facility is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway or park.

e.

Within 10,000 feet of any airport runway used or planned to be used by turbojet aircraft or within 5,000 feet of any airport runway used only by piston type aircraft or within other areas where a substantial bird hazard to aircraft would be created. This criterion is applicable only when the facility will be used for handling putrescible waste.

f.

Within 1,200 feet of any public or private supply well.

In addition to the required DNR site approval the County zoning ordinance requires a conditional use hearing on any compost facility over 20 cubic yards. (A backyard or neighborhood compost site under 20 cubic yards is exempt from the conditional use requirement.) The following information will be required as part of the conditional use application:

a.

A legal description of the property and the facility boundaries.

b.

The present ownership of the proposed facility property.

c.

Land use within ¼ mile of the proposed facility. Particular note shall be made of parks, hospitals, nursing homes and areas of archaeological and historical significance.

d.

The area served, including population.

e.

The consistency of facility development with area wide solid waste plans and land use plans.

f.

The predominant types of vegetation and wildlife within the proposed facility boundaries.

g.

The types of vehicles and access routes used to transport solid waste to and from the facility.

h.

The persons responsible for facility construction and operation.

i.

Any additional procedures for the control of dust, odors, fire and windblown materials, if appropriate.

j.

The names and locations of all solid waste disposal facilities at which solid waste will be disposed.

k.

Overall facility layout.

l.

Potential markets for the compost.

m.

A timetable for construction and operation.

n.

The tentative operating schedule for the facility.

o.

Provisions for protection of groundwater and surface waters during facility construction and operation.

p.

A discussion of facility features such as: residence time and process temperatures for the compost; configuration of the facility; sizing of surface water drainage control structures; methods of controlling windblown materials; and methods of controlling windblown materials; and methods of screening the facility from the surrounding area, if appropriate.

q.

An estimate of the quantities and characteristics of the waste to be processed.

r.

A discussion of operating personnel responsibilities; hours of operation; methods of controlling fire, odors, and windblown materials; methods of controlling access. Persons responsible for operation and record keeping; names of facility licensee and owner; record keeping. Names and location of solid waste disposal facilities at which any waste generated by the composting operation will be disposed.

(2)

Plans. The plan of operation shall include a map which contains the following information:

An existing conditions map, which shows the entire facility and the area within ½ mile. A USGS map can be used to satisfy this requirement. This map shall include the proposed facility boundary, property lines, easements and right-of-way, roads, utilities, and other structures, topography, drainage swales, surface waters, wetlands, floodplains and similar drainage features; wooded areas; screening, means of access control, areas to be cleared of vegetation, and other site features; and other features as appropriate.

Not to include solid waste and sludge composting which require a different DNR license.

When a principal nonconforming structure is damaged by fire, explosion, flood or other calamity to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the provisions of this ordinance, except that such principle nonconforming structure may be restored, in all zoning districts, after obtaining conditional use approval from the Committee. Such Committee shall not be allowed to give conditional use approval if there is a code compliant location or if the restoration exceeds the overall area and height of the damaged structure prior to said structure being damaged, unless a larger structure is necessary to comply with applicable State or Federal requirements by granting the minimum relief necessary to comply. Additionally, such conditional use approval shall require insofar as practical, that the restored structure conform with the established building setback lines along arterial streets, highways, and yards.

(Ord. No. 938-07/15, pt. VI, 7-14-15)

Grounds for revocation of the conditional use permit, pursuant to section 74-37 and division 4 of this ordinance, shall be limited to one of the following findings:

(1)

The owner/applicant of such site fails to comply with the requirements of this ordinance as it existed at the time of the issuance of the conditional use permit;

(2)

The owner/applicant has failed to comply with the conditions of approval imposed.

(3)

If the Zoning Agency approved the conditional use for a specified amount of time with a known expiration date then, the conditional use shall be automatically revoked upon passing of the expiration date without implementation of the revocation process. The property owner may petition for an extension of the conditional use prior to the expiration date.

(4)

Conditional use permits that have not been actively exercised on a yearly basis since issuance may be subject to dismissal without prejudice. Dismissal without prejudice shall occur without implementation of the revocation process. In order to dismiss a conditional use without prejudice the County Zoning Administrator or designee shall provide certified notice to the current property owner indicating dismissal of the conditional use shall occur after 60 days of the notice. The notice shall state that the dismissal is the result of the owner's failure to actively exercise the conditional use activity on a yearly basis. The property owner may contest the dismissal by providing a written request of appeal before the County Zoning Agency within 30 days of the notice issuance. It shall be the responsibility of the property owner to verify the continued conditional use activity on a yearly basis before the County Zoning Agency. The owner shall be required to pay an associated review fee as established by the County Zoning Agency. Conditional use permits for livestock operations may be dismissed without prejudice according to the same notice procedure stated above if the permit holder fails to do the following within two years after issuance: begin populating the new or expanded livestock facility; begin construction on all of the new structures proposed by the permit.

(Ord. No. 364-06/06, pt. I, 6-13-06; Ord. No. 1171-06/19, pt. XV, 6-11-19)

(a)

The owner/applicant of such site shall be notified by certified mail of noncompliance by the Walworth County Department of Planning, Zoning and Sanitation.

(b)

The owner/applicant shall comply with such notice within 30 days to the satisfaction of the Walworth County Planning, Zoning and Sanitation Department.

(c)

If compliance is not obtained within 30 days, the Walworth County Department of Planning, Zoning and Sanitation shall notify the Committee of the noncompliance and request permission to proceed with the revocation process. (This time period may be extended by staff to adjust for seasonal limitations.)

(d)

The Walworth County Planning, Zoning and Sanitation Department shall petition the Walworth County Board for a public hearing before the Committee following publication of a class 2 notice in the legal newspaper of Walworth County.

(e)

A copy of a hearing notice shall be mailed certified to the owner of record of the property at least two weeks prior to the hearing date.

(f)

A representative of the Walworth County Planning, Zoning and Sanitation Department shall appear at the hearing before the Committee to present the evidence of noncompliance. All other interested parties may also give testimony to the Committee.

(g)

In compliance with the procedures of a conditional use hearing, a written decision of the Committee will be made.

No obstruction, such as structures, parking or vegetation shall be permitted in any district above the height of two and one-half feet above the plane through the mean centerline roadway grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located 50 feet from their point of intersection.

In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space be increased to 100 feet along each right-of-way line from their point of intersection.

In all districts adequate loading areas shall be provided and located so that all vehicles loading, maneuvering, or unloading are completely off the public ways and so that vehicles need not back onto any public way.

In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following, except as permitted in 74-74(11) and 74-74(12):

Number of Parking Stalls

(1)

Uses not listed. In the case of structures or uses not mentioned, the provisions for a use which is similar shall apply.

(2)

Combinations. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use, unless shared parking is reviewed and approved by the Committee in accordance with the conditional use process (see div. 4).

(3)

Access. Adequate access to a public street shall be provided for each parking space, and driveways shall be at least ten feet wide for one- and two-family dwellings, at least 12 feet wide for commercial bed and breakfast establishments and at least 24 feet wide for all other uses, unless modified and approved by the Committee.

(4)

Size. Size of each parking space shall be not less than 180 square feet exclusive of the space required for ingress and egress.

(5)

Location. Location to be on the same lot as the principal use, or on a lot not over 400 feet from the principal use. Parking stalls and interior driveways located in the A-4, P-1, P-2, R-4, R-5, R-5A, R-6, R-7, R-8, B-1, B-2, B-3, B-4, B-5, B-6, M-1, M-2 districts shall be located at least 25 feet from any vehicular right-of-way. Parking stalls and driveways in the A-4, P-1, P-2, R-4, R-8, B-1, B-2, B-3, B-4, B-5, M-1, M-2, M-3, and M-4 districts shall be located at least 25 feet from any R-1, R-2, R-2A, R-3, R-5, R-5A, R-6, R-7, and A-5 district lot line and at least five feet from any property line. No parking stall or driveway is permitted within the shoreyard.

(6)

Surfacing. All off-street parking areas shall be graded and surfaced so as to be dust free and properly drained. Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

(7)

Curbs and barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

(8)

Existing uses. Uses existing on the effective date of this ordinance which do not have the required amount of parking space shall not further reduce said space; and no expansion of the use shall be permitted, unless additional parking spaces in compliance with the setback requirements and equal to the parking requirement for the expansion are provided as part of the expansion.

(9)

Change of use. Whenever an existing use of a lot is hereafter proposed to be changed to a use having greater parking requirements, the applicant shall provide additional parking spaces in compliance with the setback requirements and equal to the difference in required parking spaces between the existing use and the proposed use.

(10)

Parking areas existing on the effective date of this ordinance which do not meet the setback requirements may be continued as established. Once the parking area has been changed so as to comply with the provisions of this ordinance it shall not revert back. If the parking area is discontinued or terminated for a period of 12 months, any future use shall conform to the provisions of this ordinance.

(11)

In instances where a Town has adopted an ordinance that addresses event parking, and when an approved event is taking place on public property such as a public lake or public park, the event coordinator may arrange temporary parking accommodations with the Town. Any on-street parking must be approved by the controlling road jurisdiction.

(12)

Temporary parking accommodations may be arranged for by a municipality for community events organized by the municipality. Any on-street parking must be approved by the controlling road jurisdiction.

(Ord. of 6-11-02; Ord. No. 591-12/09, pt. XXV, 12-15-09; Ord. No. 685-8/11, pt. VII, 8-9-11; Ord. No. 740-09/12, pt. XIV, 9-6-12; Ord. No. 819-12/13, pt. III, 12-10-13; Ord. No. 1049-06/17, pt. XVII, 6-13-17; Ord. No. 1273-05/22, pt. VII, 5-10-22; Ord. No. 1293-11/22, pt. I, 11-7-22; Ord. No. 1319-07/23, pt. III, 7-11-23)

All driveways installed, altered, changed, replaced, or extended after the effective date of this ordinance shall meet the following requirements:

(1)

Openings for vehicular ingress and egress shall not exceed 35 feet at the property line.

(2)

Vehicular entrances and exits to drive-in theaters, banks, and restaurants; motels, funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, hospital, park playground, library, or other place of public assembly.

(Ord. of 6-11-02; Ord. No. 466-11/07, pt. X, 11-13-07)

No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction.

No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:

(1)

Freeways, interstate highways, and their interchanges or turning lanes nor to intersecting or intersection streets within 1,500 feet of the most remote end of the taper of the turning lanes.

(2)

Arterial streets intersecting another arterial street within 100 feet of the intersection of the right-of-way lines.

(3)

Access barriers, such as curbing, fencing, ditching, landscaping, or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.

(4)

Temporary access to the above rights-of-way may be granted by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.

Depending on their size, number and character, signs either provide useful information or detract from the quality of life for residents and attractiveness of the County. Large and tall signs threaten scenic beauty and distract motorists. Therefore, the purpose of this division is to protect public health, safety and welfare and specifically to promote the safety of public travel on roads. In addition, it is the intent of Walworth County to limit the size, type and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety. This division is authorized, in part, by Wis. Stats. § 59.70(22).

(Amd. of 10-14-03, pt. I)

(a)

All signs are prohibited in any zoning district except as provided in sections 74-82, 74-83, 74-84, 74-85 and 74-86.

(b)

Back-to-back signs shall constitute one sign within the meaning of this division.

(c)

All parts of a sign shall meet the setbacks as provided herein.

(d)

All signs are prohibited from being illuminated except those specifically provided for in sections 74-82, 74-85 and 74-86.

(e)

No sign shall contain, include or be illuminated by a flashing or moving light or be composed of any animated part, except as exempted under law.

(f)

Illuminated signs shall be effectively shielded so as to prevent beams of light from being directed on any adjoining property or portion of a street or road or to impair the vision of any motorist. All such signs shall conform to the electrical code. Any illuminated sign located within 500 feet of a residential zone shall be extinguished at the close of business conducted within the building or upon the premises to which the sign is attached or located, or at 11:00 p.m., whichever is earlier.

(g)

No sign shall resemble, imitate or approximate the shape, size, form or color of traffic or railroad signs, signals or devices. No sign shall be placed so as to obstruct or interfere with traffic visibility.

(h)

No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape.

(i)

No sign shall encroach in any street or highway right-of-way.

(j)

In the case of signage not enumerated, the provision governing a sign that is similar shall apply.

(k)

Billboards are prohibited except as provided in section 74-86 and are further prohibited within 2,000 feet of any State designated rustic road.

(l)

The owner of any sign shall keep it in sound condition, well maintained and in good appearance and repair and shall maintain the premises on which the sign is located in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish, refuse, debris and weeds.

(m)

Abandoned signs shall be promptly removed by the owner of the property upon which said abandoned sign is located.

(n)

Where State or Federal law governing signs contains more restrictive conditions, such State or Federal law conditions shall apply. Signs shall be subject to any restrictions lawfully enacted by any town, city or village. Where such ordinance provides more restrictive conditions, such conditions shall apply.

(Amd. of 10-14-03, pt. I; Ord. No. 459-09/07, pt. I, 9-11-07; Ord. No. 466-11/07, pt. XI, 11-13-07; Ord. No. 562-06/09, pt. I, 6-9-09; Ord. No. 1049-06/17, pt. XVIII, 6-13-17)

Only those signs enumerated in sections 74-82, 74-83, 74-84, 74-85, 74-86 but not including off-premise signs, shall be permitted to face a R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-8. A-5, C-2 and C-3 district within 100 feet of such district boundary.

(Amd. of 10-14-03, pt. I)

Signs lawfully existing at the time of the adoption or amendment of this division may be continued although the use, size or location does not conform with the provisions of this division. Such signs shall be subject to the nonconforming use or substandard structure provisions of division 7 as applicable.

(Amd. of 10-14-03, pt. I; Ord. No. 562-06/09, pt. II, 6-9-09)

No person shall locate, erect, move, reconstruct, extend, enlarge, convert or structurally alter a sign without first obtaining a zoning permit, except as provided herein, and without being in conformity with the provisions of this article.

(Amd. of 10-14-03, pt. I)

The following signs may be erected, placed, posted or exhibited in any zoning district without a permit and subject to the conditions herein specified: and shall not be included in the determination of type, number or area of signs allowed in any zoning district:

(1)

Name, occupation and warning signs not over two square feet in area, provided the same is limited to one for each premises and the same is located at least five feet from the outer limit of the street or highway right-of-way.

(2)

Real estate signs, single or double faced, not over nine square feet in area and six feet in height on property in residential zones and 32 square feet or less and six feet in height on property in nonresidential zones, provided there is no more than one sign for each premise and it is located at least five feet from the street or highway right-of-way, ten feet from the side property lines and 50 feet from any intersection.

(3)

Directional signs not over two square feet in area provided such sign is located at least 50 feet from any intersection and five feet from the street or highway right-of-way. Each institution erecting such signs shall be limited to three in number. More than three directional signs in the A-1, A-2, A-3, and A-4 districts are subject to conditional use review by the Committee.

(4)

"No Hunting" and "No Trespassing" signs, provided the sign does not exceed two square feet in area.

(5)

Memorial signs, tablets, names of buildings and the date of erection when cut into any masonry, surface or when constructed of metal and affixed flat against a structure.

(6)

Recreational signs within a municipal park not over nine square feet in area, six feet in height and located at least five feet from the street or highway right-of-way and ten feet from any intersection.

(7)

Any Federal, State or local government sign, without limitation.

(8)

Official signs such as traffic control, parking restrictions, warning, information and notices as required by law.

(9)

Window signs placed on the inside of commercial buildings provided such sign does not exceed 25 percent of the glass pane upon which the sign is displayed. Such signs may be illuminated and may be changeable copy when the building is open for business.

(10)

A sign appurtenant to a home occupation or daycare, limited to one sign per parcel and provided said sign does not exceed nine square feet in area and six feet in height, is located at least five feet from the street and highway right-of-way at least ten feet from a side property line, and 50 feet from any intersection.

(11)

A sign appurtenant to a bed and breakfast establishment limited to one sign per parcel and provided that said sign does not exceed nine square feet in area and six feet in height, is located at least five feet from the street and highway right-of-way, at least ten feet from a side property line, and 50 feet from any intersection.

(12)

A sign appurtenant to a community-based residential facility limited to one sign per parcel and provided that said sign does not exceed nine square feet in area and six feet in height, is located at least five feet from the road and highway right-of-way, at least ten feet from a side property line, and 50 feet from any intersection.

(13)

Rummage/garage sale signs. Rummage or garage sale signs not to exceed nine square feet in area and six feet in height, provided that such signs are limited to 72 hours per sale. A maximum of three such signs shall be allowed off-premises.

(14)

Except as may be necessary to ensure traffic or pedestrian safety, the provisions of this division do not apply to signs containing political messages erected on property during election campaign periods. Such signs shall not be located within 50 feet of an intersection. The person or organization responsible for the erection or distribution of any such sign and the owner of the property upon which the sign is located, shall cause the same to be removed within 72 hours following the election campaign period.

(Amd. of 10-14-03, pt. I; Ord. No. 562-06/09, pt. III, 6-9-09; Ord. No. 1049-06/17, pt. XIX, 6-13-17)

The following on-premise ground signs may be erected, placed or posted in all A-1, A-2, A-3, A-4, A-5, C-2 and C-3 districts without a permit and subject to the conditions herein specified, unless reviewed and modified by the Committee through the conditional use process:

(1)

Agricultural signs pertaining to the sale of products actually grown on a farm or to membership in agricultural or agricultural-related organizations which shall not exceed 24 square feet in area for any one sign, provided that no more than two signs are permitted on any one farm, shall not exceed six feet in height, such signs are located at least five feet from the street or highway right-of-way, are at least ten feet from a side property line, such signs are more than 50 feet from any intersection and are located on the same premises as the products for sale.

(2)

An on-premise business sign for lands zoned A-4 reviewed and approved as part of a conditional use process provided the sign is located at least five feet from all property lines.

(3)

A sign appurtenant to an approved use limited to one sign per parcel and does not exceed nine square feet in area, is located at least five feet from the road right-of-way, at least ten feet from a side property line and shall not exceed six feet in height and shall be located at least 50 feet from any intersection.

(4)

Seasonal signs not to exceed nine square feet in area. Such signs shall be located at least five feet from the road right-of-way, at least ten feet from a side property line, shall not exceed six feet in height and shall be located at least 50 feet from any intersection.

(Amd. of 10-14-03, pt. I; Amd. of 1-11-05; Ord. No. 562-06/09, pt. IV, 6-9-09; Ord. No. 606-04/10, pt. I, 4-22-10; Ord. No. 740-09/12, pt. XV, 9-6-12; Ord. No. 1049-06/17, pt. XX, 6-13-17)

The following signs may be placed, posted or exhibited in any zoning district without a zoning permit and subject to the conditions herein specified:

(1)

Construction announcement signs not to exceed 32 square feet in area and six feet in height which announce new subdivisions, new industrial parks and similar facilities, provided the sign is located on the premises where the new facility is located, one sign is permitted per facility and the sign is located at least five feet from the outer limits of the street or highway right-of-way and at least 50 feet from any intersection. For the purposes of this provision, a temporary construction announcement sign is one that will be used for no more than one year;

(2)

A sign pertaining to drives or events of civic, philanthropic, educational, religious, or nonprofit organizations of not more than 12 square feet and six feet in height may be erected, placed, posted or exhibited in any district provided the sign is located at least five feet from the street or highway right-of-way and at least 75 feet from any intersection. For the purposes of this provision, a temporary drive or event sign is one that will be used for no more than 30 days and not more than four events per calendar year shall be allowed; events may not be consecutive and at least 30 days shall have elapsed between events.

(Amd. Of 10-14-03, pt. I)

The following on-premise signs may be erected, placed or posted in all districts with a permit and subject to the conditions herein specified, unless reviewed and modified by the Committee through the conditional use process.

(1)

Churches or schools.

a.

Signs shall not exceed 25 square feet in area.

b.

Signs shall be setback a minimum of five feet from all property lines.

c.

Signs shall be located at least 50 feet from any intersection.

d.

Signs shall not exceed six feet in height.

e.

Changeable copy panels are permitted.

f.

Only two permanent signs are permitted per church or school, only one of which may be a monument style sign and only one of which may be wall or awning style sign. This wall sign may only display the name of the church or school.

g.

May be illuminated but shall be extinguished by 11:00 p.m.

h.

Score boards do not require permits and may only be illuminated during game times.

(2)

Permanent subdivision or development signs.

a.

Signs shall not exceed 25 square feet in area.

b.

Signs shall be setback a minimum of five feet from all property lines.

c.

Signs shall be located at least 50 from any intersection.

d.

Signs shall not exceed six feet in height.

e.

Only one sign which may be a monument style sign is permitted.

f.

Such sign shall only be used to identify the subdivision name.

g.

The Zoning Agency may modify the location of an on-premise sign to an abutting parcel through conditional use review and approval. The Zoning Agency shall first determine it to be impractical to locate an on-premise sign on the parcel of concern and the proposed location on an abutting parcel must be next to the approved existing access to the parcel of concern. An on-premise sign on an approved abutting parcel shall not count as the on-premise sign for that parcel. The Zoning Agency may also modify the height, setback and number of on-premise signs on abutting parcels after considering such evidence and need as may be presented at the public hearing bearing upon the general purpose and intent of this chapter and each institution erecting such signs shall be limited to three in number. A modified sign under this section shall meet all other requirements of the sign code.

(3)

Nonconforming business signs. Signs (including but not limited to changeable copy) over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two feet in height and ten feet in length. Such signs may be illuminated only when the building is open for business.

(Amd. of 10-14-03, pt. I; Ord. No. 562-06/09, pt. V, 6-9-09; Ord. No. 1049-06/17, pt. XXI, 6-13-17)

(a)

The following illuminated and changeable copy on-premise signs may be erected, placed or posted in all B-1, B-2, B-3, B-4, B-5, M-1, M-2, M-3, M-4, P-1 and P-2 districts with a permit and subject to the conditions herein specified, unless reviewed and modified by the Committee through the conditional use process:

(1)

Wall signs not exceeding 200 square feet in display area for any one premises;

(2)

Projecting signs not exceeding 100 square feet in display area on all sides for any one premises. Projecting signs shall be located not less than ten feet from all lot lines; shall not extend more than 6 feet in any required yard and shall not exceed 20 feet in height.

(3)

Freestanding or monument signs, limited to one sign per parcel, provided the height of sign does not exceed 30 feet and further provided said sign is located no closer than five feet from a right-of-way, is no closer than ten feet from a side lot line, 50 feet from any intersection and does not exceed 100 square feet in display area on any one side nor 200 square feet in display area on all sides.

a.

The Zoning Agency may modify the location of an on-premise sign to an abutting parcel through conditional use review and approval. The Zoning Agency shall first determine it to be impractical to locate an on-premise sign on the parcel of concern and the proposed location on an abutting parcel must be next to the approved existing access to the parcel of concern. An on-premise sign on an approved abutting parcel shall not count as the on-premise sign for that parcel. The Zoning Agency may also modify the height, setback and number of on-premise signs on abutting parcels after considering such evidence and need as may be presented at the public hearing bearing upon the general purpose and intent of this ordinance and each institution erecting such signs shall be limited to three in number. A modified sign under this section shall meet all other requirements of the sign code.

(b)

The following off-premise/billboard signs may be erected, placed or posted in all B-1, B-2, B-4, M-1 and M-2 districts, with a permit, and subject to the conditions specified herein. No billboard shall:

(1)

Be located within 50 feet of the existing or proposed right-of-way of any Federal, State or County trunk highway or any town road or any street measured horizontally along a line normal or perpendicular to the center of the highway;

(2)

Be located within a 2,000-foot radius of any other off-premises sign, within 2,000 feet of any intersection, within 2,000 feet of the property line of any airport, airfield or landing strip, within 2,000 feet of any State designated rustic road or within 2,000 feet of an allowable district boundary;

(3)

Exceed 15 feet in height above the mean centerline street grade and not exceed 32 square feet on one, nor 64 square feet on all sides of any one sign.

(c)

Not withstanding the foregoing, in no case shall the total square footage of signage on any parcel exceed 400 square feet unless an on-premise sign is modified by the Committee.

(Amd. of 10-14-03, pt. I; Amd. of 1-11-05; Ord. No. 386-09/06, pt. I, 9-7-06; Ord. No. 562-06/09, pt. VI, 6-9-09; Ord. No. 1049-06/17, pt. XXII, 6-13-17)

In addition to any penalty provided in this Code, the Zoning Administrator shall have the authority to order the painting, repair, alteration or removal of any signs that become dilapidated, abandoned or a physical hazard to the public safety.

The Zoning Administrator shall also have the authority to immediately abate any sign of a physical hazard to public safety at the expense of the sign owner.

(Amd. of 10-14-03, pt. I)

The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this ordinance may be continued although the use does not conform with the provisions of this ordinance, except that:

Only that portion of the land or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, substituted or moved.

Total lifetime structural repairs or alterations to a nonconforming structure shall not exceed 50 percent of the municipality's assessed value of the structure over the life of the structure established upon application for the first zoning permit for any addition and/or alteration identifying a legal nonconforming use, unless it is permanently changed to conform to the use provisions of this ordinance.

Substitution of new equipment may be permitted by the Board of Adjustment if such equipment will reduce the incompatibility of the nonconforming use or structure with the neighboring uses.

If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water, shall conform to the provisions of this ordinance.

When a principal nonconforming structure is damaged by fire, explosion, flood or other calamity to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the provisions of this ordinance or except as provided in section 74-71.

Once a nonconforming use or structure has been changed or altered so as to comply with the provisions of this ordinance, it shall not revert back to a nonconforming use or structure. Once the Board of Adjustment has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board.

A current file of all nonconforming uses and structures shall be maintained by the Zoning Administrator listing the following: property location, use of the structure, land, or water; and assessed value of the structure.

(Ord. of 6-11-02; Ord. No. 1171-06/19, pt. XVI, 6-11-19)

The legal use of a structure (principal, conditional or accessory) existing at the time of the adoption or the amendment of this ordinance may be continued although the structure's size and or location does not conform to the required yard, height, traffic, parking, access, frontage and lot area provisions of this ordinance.

(1)

Additions and enlargements to existing substandard structures (principal and/or accessory) are permitted and shall conform with the established building setback line of all side yard, street yard and rear yards, but may never be closer than five feet to any lot line, and shall conform to the required shoreyard, height, traffic, parking, and access provisions of this ordinance.

(2)

Existing substandard structures (principal and/or accessory) which are damaged or destroyed by fire, explosion, flood, or other calamity, may be reconstructed to their original design (building envelope) and location (footprint) and any proposed additions and enlargements to the original design (building envelope) and/or location (footprint) shall conform with the established building setback lines of all side yard, street yard, and rear yards, but may never be closer than five feet to any lot line. Any proposed additions and enlargements shall conform to the required shoreyard, height, traffic, parking, and access provisions of this ordinance.

(3)

Existing substandard structures (principal and/or accessory) may be moved, removed, razed, and reconstructed, or replaced to their original design (building envelope) and location (footprint) and any proposed additions and enlargements to the original design (building envelope) and/or location (footprint) shall conform with the established building setback lines of all side yard, street yard, and rear yards, but may never be closer than five feet to any lot line. Any proposed additions and enlargements shall conform to the required shoreyard, height, traffic, parking, and access provision of this ordinance.

(4)

Any structure used for a principal or conditional use may maintain any substandard yards if that use is substituted with a principal use or conditional use in the same zone district provided the proposed structure or use requires lesser or equal setback requirements than the existing structure or use.

(5)

The provisions of this section are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by public sanitary sewer.

(Ord. of 6-11-02; Amd. of 1-14-03; Ord. No. 613-05/10, pt. III, 5-11-10; Ord. No. 740-09/12, pt. XVI, 9-6-12)

Once a nonconforming use has been changed to a conforming use or a substandard structure has been altered so as to comply with the yard, height, parking, loading, and access provisions of this ordinance, it shall not revert back to a nonconforming use or substandard structure. Once the Board of Adjustment has permitted the substitution of a more restrictive nonconforming use for the existing nonconforming use, the prior existing use shall lose its status as a legal nonconforming use and a substituted use shall become subject to all the conditions required by the Board.

A legally created lot or parcel of record in the County Register of Deeds office before the effective date or amendment of this ordinance that met any applicable lot size requirements when created but does not meet current lot size requirements may be used as a building site, if all of the following apply:

(a)

The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel.

(b)

The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

(c)

The substandard lot or parcel is developed to comply with all other ordinance requirements, including but not limited to core living area and foundation requirements, vision triangle, yard setbacks, height, parking, etc.

(Ord. of 6-11-02; Ord. No. 353-04/06, pt. V, 4-20-06; Ord. No. 591-12/09, pt. XXVI, 12-15-09; Ord. No. 740-09/12, pt. XVII, 9-6-12; Ord. No. 1130-07/08, pt. II, 7-10-18)

This ordinance permits specific uses in specific districts; and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. All structures, lands, air and waters shall hereafter, in addition to their use, site and sanitary regulations, comply with the following performance standards, and all applicable standards set forth by the Wisconsin Departments of Commerce and Natural Resources in the Wisconsin Administrative Code.

Editor's note— Ord. No. 1049-06/17, pt. XXIII, adopted June 15, 2017, amended the Code by repealing former § 74-94 in its entirety. Former § 74-94 pertained to air pollution, and derived from the original zoning ordinance.

All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system. The above-ground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:

No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.

No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that would be likely to run, seep, percolate or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

In addition, no activity shall discharge any liquid, gaseous, or solid materials so as to exceed or contribute toward the exceeding of the minimum standards and those other standards and the application of those standards set forth in NR ch. 102 of the Wisconsin Administrative Code for all navigable waters in the County.

Except in the A-1, A-2, and A-3 Districts, no activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside their premises. The guide for determining odor measurement and control is set out in the Wisconsin Administrative Code.

No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

No activity in any district except the M-1 and M-2 districts shall emit vibrations which are discernible without instruments outside its premises. No activity in the M-1 or M-2 districts shall emit vibrations which exceed the following displacement measured with a three component measuring system:

The district height limitations stipulated elsewhere in this ordinance may be exceeded but such modification shall be in accord with the following:

(1)

Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, manufacturing equipment and necessary mechanical appurtenances, cooling towers, substations, and smoke stacks, shall not exceed in height their distances from the nearest lot line.

(2)

Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this ordinance.

(3)

Communication structures, such as radio and television transmission and relay towers, aerials, and observation towers shall not exceed in height three times their distance from the nearest lot line. Utility cabinets shall be setback a distance equal to two (2) times their height from the nearest lot line.

(4)

Agricultural structures, such as barns, silos, tanks, and windmills, shall not exceed in height two times their distance from the nearest lot line.

(5)

Public or semipublic facilities, multiple-family structures, and commercial and industrial structures, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structures exceeds the district's maximum height requirement.

(6)

Any structure located within an area surrounding an existing airport and which is subject to additional height regulations, shall not exceed the heights therein established.

(7)

High-bay warehouses using oxygen reduction fire prevention may exceed the district height limitations if the structure is setback at least one and one-half times the structure height to the nearest lot line or street.

(Ord. of 6-11-02; Ord. No. 1244-09/21, pt. III, 9-14-21)

The yard requirements stipulated elsewhere in this ordinance may be modified as follows:

(1)

Uncovered stairs, landings, terraces, balconies, decks and fire escapes may project into any required yard, except shoreyard, but not to exceed six feet and not closer than three feet to any lot line.

(2)

Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard; but such projection shall not exceed three feet.

(3)

Structures shall be setback a distance of 10 feet from a maintenance easement providing limited right of vehicle ingress/egress to unmanned uses such as utilities, dams, cell towers, renewable energy, sanitary sewers, etc.

(4)

Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this ordinance, except as provided in section 74-66.

(5)

Landscaping and vegetation are exempt from the yard requirements of this ordinance, except as provided in section 74-72.

(6)

Utility cabinets shall be setback a distance equal to two (2) times their height from the nearest lot line

(7)

The County road setback requirement is permitted to be reduced to 40 feet on lots and/or parcels located in both a sanitary sewer and water district with written verification of approvals for sewer and water hookup.

(Ord. of 6-11-02; Ord. No. 392-10/06, pt. I, 10-10-06; Ord. No. 407-01/07, pt. I, 1-9-07; Ord. No. 591-12/09, pt. XXVII, 12-15-09)

Editor's note— Ord. No. 740-09/12, pt. XVIII, adopted September 6, 2012, amended the Code by repealing former § 74-104 in its entirety. Former § 74-104 pertained to reduced frontage, and carried no history note.

The required street yards may be decreased in any residential or business districts to the average of the existing street yards of the abutting principal structures on each side but in no case less than 15 feet in any business district.

Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this ordinance.

The side yards may be modified down to a minimum of 16 percent of the lot width on each side for any lots having a lot width of less than 100 feet, but in no case shall it be less than five feet. This modification applies to unsewered districts only.

There is hereby established a Board of Adjustment for the County of Walworth for the purpose of hearing appeals and applications and granting variances to the provisions of this ordinance in harmony with the purpose of intent of this ordinance.

The Board of Adjustment shall consist of three members and two alternates appointed by the Chairman of the County Board and approved by the County Board of Supervisors. The Chairman shall make his nominations at least one month prior to their appointment.

(1)

Terms shall be for staggered three-year periods.

(2)

Eligibility. Members of the Board shall reside within the County and outside the limits of incorporated areas providing, however, that no two members shall reside in the same town.

(3)

Chairman. The Board shall choose its own Chairman.

(4)

The Zoning Administrator shall attend all meetings for the purpose of providing technical assistance when requested by the Board of Adjustment.

(5)

Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of the appointment.

(6)

Vacancies shall be filled for the unexpired terms in the same manner as appointments for a full term.

(Ord. No. 446-07/07, pt. I, 7-10-07)

The County Board hereby adopts rules for the conduct of the business of the Board of Adjustment in accordance with the provisions of this ordinance. The Board may adopt further rules as necessary.

(1)

Meetings shall be held at the call of the Chairman and shall be open to the public.

(2)

Minutes of the proceedings and a record of all actions shall be kept by the Board, showing the vote of each member upon each question, the reasons for the Board's determination, and its finding of facts. These records shall be immediately filed in the office of the Board and shall be a public record.

(3)

The concurring vote of two members of the Board shall be necessary to take official action; correct an error; grant a variance; make an interpretation; and permit a temporary, unclassified or substituted use.

(4)

Limitation on applications. A party shall not initiate action for a variance affecting the same land more than once every 12 months unless there is a substantial change in the proposed structure location. The 12 months to be calculated from effective date of the Walworth County Board of Adjustment's decision.

(Ord. No. 591-12/09, pt. XVIII, 12-15-09)

The Board of adjustment shall have the following powers:

(1)

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator.

(2)

Variances. To hear and authorize appeals for variances where owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this ordinance shall be observed and the public health, safety, and welfare preserved, and substantial justice done.

(3)

No variance shall have the effect of permitting any use in a district that is prohibited in that district.

(4)

Interpretations. To hear and decide applications for interpretations of the zoning regulations and the location of the boundaries of the zoning district, floodlands, and shorelands after the County Park and Planning commission has made a review and recommendation. Floodland and shoreland boundaries shall be altered by the Board of Zoning Adjustment only when the applicant presents evidence that clearly and conclusively establishes that the location as shown on the zoning map is incorrect.

(5)

Substitutions. To hear and grant applications for the substitution of more or equally restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the County Zoning Administrator has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.

(6)

Unclassified uses. To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district and the County Park and Planning Commission and the County Zoning Administrator have made a review and recommendation.

(7)

Special exceptions.

a.

The Board of Adjustment may hear and grant applications in accordance with requirements of the Federal Fair Housing Act, the Wisconsin Fair Housing Acts or the Americans with Disabilities Act. Before the Board of Adjustment may grant permission to construct a deck, patio, walkway or second access to a pier (tram) in a location that would otherwise not be allowed by ordinance, the Board of Adjustment must find that the request is by disabled persons who reside on the parcel and the applicant would have to show that a structure with smaller dimensions would not be adequate to allow the disabled person access to the residence or pier. The permit shall be temporary, may continue only as long as disabled persons reside on the parcel and shall be removed not more than 30 days after the disabled person vacates the parcel. The Board of Adjustment may require the filing of a deed restriction in the register of deeds office to assure removal of the structure in accordance with the stipulation of the approval. A structure no larger than is necessary to allow the disable person to get in and out of the building, would not significantly undermine the basic purpose of the zoning ordinance, especially since they are temporary.

b.

The Board of Adjustment may hear and grant special exception applications for a substitution in the use of an existing structure that is substandard because it does not conform with the required yards when:

1.

The substitution requires a change in the zone district of the parcel to a district that allows generally less intense use(s), and;

2.

Provided the proposed district or use requires lesser or equal setback requirements than the existing district.

(8)

Temporary uses. To hear and grant applications for temporary uses, in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses and the County Zoning Administrator has made a review and recommendation. To hear and grant applications for temporary living quarters beyond those permitted in section 74-38/74-165 for a period not to exceed 12 months, due to unique circumstances and provided the request is compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the Board of Adjustment, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this ordinance shall be required.

(9)

Permits. The Board may reverse, affirm wholly or partly or modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision or determination as ought to be made.

(10)

Assistance. The Board may request assistance from any other County officers, departments, commissions, and boards.

(11)

Oaths. The Chairman may administer oaths and compel the attendance of witnesses.

(Ord. No. 466-11/07, pt. XII, 11-13-07; Ord. No. 560-06/09, pt. II, 6-9-09; Ord. No. 575-09/09, pt. III, 9-8-09; Ord. No. 591-12/09, pt. XXIX, 12-15-09; Ord. No. 613-05/10, pt. IV, 5-11-10; Ord. No. 1171-06/19, pt. XVII, 6-11-19)

Appeals to the Board of Adjustment may be taken by any persons aggrieved or by any officer, department, board, or bureau of the County or municipality affected by the decision of the Zoning Administrator. Such appeals shall be filed in the office of the Zoning Administrator within 30 days after the date of written notice of the decision or order of the Zoning Administrator. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed in the office of the Zoning Administrator. Such appeals and application shall include the following:

(1)

Name and address of the appellant or applicant and all abutting opposite property owners of record.

(2)

Plat of survey prepared by a registered land surveyor in the State of Wisconsin or other map drawn to scale and approved by the County Zoning Administrator showing all of the information required under section 74-119 for a zoning permit.

(3)

Additional information required by the Deputy Zoning Administrator, County Zoning Administrator, Board of Adjustment or County Zoning Agency.

(4)

Fee receipt from the Zoning Administrator.

The Board of Adjustment shall fix a reasonable time and place for the hearing, publish a class two notice thereof and shall give due notice of the parties in interest, the Zoning Administrator, and the County Zoning Agency. At the hearing the appellant or applicant may appear in person, by agent, or by attorney. The Board of Adjustment may grant continuances or adjourn hearings from time to time.

No variance to the provisions of this ordinance shall be granted by the Board unless it finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings.

(1)

Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the affect of permitting a use in any district that is not a stated principal use, or conditional use where a conditional use permit has been granted.

(2)

Unnecessary hardship. Unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome. Consideration shall be given to the purpose and intent of the zoning ordinance, its effects on the property, and the short-term, long-term and cumulative effects of granting the variance on the neighborhood, the community and on the public interests. Self-imposed or self-created hardships shall not be considered as grounds for the granting of a variance. Economic or financial hardship does not justify a variance. The property owner bears the burden of proving unnecessary hardship exists. The Board shall consider the property as a whole rather than a portion of the parcel when determining unnecessary hardship.

(3)

Unique property limitations. Unique physical limitations of the property must be physical limitations such as steep slopes, or wetlands that are not generally shared by other properties must prevent compliance with the ordinance. The circumstances of an applicant (growing family, need for a larger garage, etc.) are not a factor in deciding variances. Nearby ordinance violations, prior variances or lack of objections from neighbors do not provide a basis for granting a variance.

(4)

No harm to public interests. A variance may not be granted which results in harm to public interests. In applying this test, the Board must consider the impacts of the proposal and the cumulative impacts of similar projects on the interests of the neighbors, the entire community and the general public. These interests are listed in the purpose and intent of the zoning ordinance and may include public health, safety and welfare, water quality, fish and wildlife habitat, natural scenic beauty, minimization of property damages, provision of efficient public facilities and utilities, achievement of eventual compliance for nonconforming uses, structures and lots, and other public interest issues.

(Ord. No. 591-12/09, pt. XXX, 12-15-09; Ord. No. 1273-05/22, pt. VIII, 5-10-22)

The Board of Adjustment shall decide all appeals and applications within 30 days after the final hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant and the Zoning Administrator.

(1)

Conditions may be placed upon any zoning permit ordered or authorized by the Board.

(2)

Variances, substitutions, or use permits granted by the Board shall expire within 12 months unless substantial work has commenced pursuant to such grant.

There is hereby created the office of Zoning Administrator for Walworth County who shall have the following duties and powers.

It shall be the duty of the Zoning Administrator to administer, supervise, and enforce the provisions of this ordinance and to:

(1)

Record all permits issued, inspections made, work approved, and other official actions.

(2)

Inspect all structures, lands, and waters as often as necessary to reasonably assure compliance with this ordinance.

(3)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this ordinance to the owner, resident agent, contractor, subcontractor or occupant of the premises, and report uncorrected violations to the corporation counsel in a manner specified by him.

(4)

Assist the corporation counsel in the prosecution of ordinance violations.

The Zoning Administrator shall have all the powers necessary to enforce the provisions of this ordinance without limitation by reason of enumeration, including the following:

(1)

Issue zoning permits as provided for in section 74-119 upon application for the erection or use of a structure, land, or water where such erection or use complies with all the provisions of this ordinance.

(2)

Issue a zoning permit for temporary living quarters as provided in section 74-119/74-248(1)—(5) upon application where temporary living quarters comply with section 74-38/74-165 and any other applicable provisions of this ordinance.

(3)

Access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this ordinance. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.122, except in cases of emergency when he shall have the right of immediate entry.

(4)

Prohibit the use or erection of any structure, land, or water until he has inspected and/or approved such use or erection.

(5)

Recommend to the Committee any additional use regulations as he shall deem necessary.

(6)

Request assistance and cooperation from the Sheriff, County Surveyor, and Corporation Counsel.

(7)

Designated Deputy Zoning Administrators subject to confirmation by the Committee for the purpose of performing further inspections and reporting violations.

(Ord. No. 560-06/09, pt. III, 6-9-09; Ord. No. 591-12/09, pt. XXXI, 12-15-09; Ord. No. 1049-06/17, pt. XXIV, 6-13-17; Ord. No. 1273-05/22, pt. IX, 5-10-22)

Applications for a zoning permit shall be made to the Zoning Administrator on forms furnished by the Administrator and shall include the following where pertinent and necessary for proper review:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a professional land surveyor licensed in the State of Wisconsin or other map drawn to scale and approved by the County Zoning Administrator, showing the location, boundaries, dimensions, uses, and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other rights-of-way; off-street parking, loading areas, and driveways; existing highway access restrictions; ordinary high-water mark, channel, floodway, floodplain (using NGVD or NAVD), and shoreland boundaries; and existing and proposed street, side and rear yards. In addition, the plat of survey shall show type, slope, boundaries of soils shown on the operational soil survey maps prepared by the USDA Soil Conservation Service for the Southeastern Wisconsin Regional Planning Commission.

(4)

Additional information as may be required by the Committee or the County Zoning Administrator.

(5)

Fee receipt from the County Treasurer in an amount specified in section 74-121 of this ordinance.

(6)

Zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days of application and the applicant shall post such permit in a conspicuous place at the site. The permit shall expire within 24 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, and the applicant shall reapply for a zoning permit before re-commencing work on the structure. Any permit issued in conflict with the provisions of this ordinance shall be null and void.

(7)

No zoning permit shall be required for essential services, residential fences per section 74-38, and an accessory structure 100 square foot or less in size (except planned campground developments) but shall still be required to maintain the setback and use requirements of the ordinance including, but not limited to, section 74-173.

(Ord. No. 560-06/09, pt. III, 6-9-09; Ord. No. 575-09/09, pt. IV, 9-8-09; Ord. No. 1049-06/17, pt. XXV, 6-13-17; Ord. No. 1171-06/19, pt. XVIII, 6-11-19)

(a)

Except as provided for in subsection (b), any person erecting, moving enlarging or reconstructing a structure, which under this ordinance requires a zoning permit, and the submittal of a plat of survey with the proposed structure(s) located on the survey by a Registered Land Surveyor of the State of Wisconsin shall upon completion of the construction of footings, concrete slab or other foundations, submit to the Zoning Administrator a survey prepared by a registered land surveyor showing the locations, boundaries, dimensions, 100-year floodplain elevations and size of the following: The boundaries of the lot, all existing structures (including foundations) and their relationship to the lot lines. The Zoning Administrator shall compare the location of all new or extended foundations with the location of all proposed construction activity reported on the permit application. Construction may continue, but a foundation survey shall be submitted to the zoning department for review within 30 days of backfilling the foundation. If more than 30 days is needed, due to extenuating circumstances, to provide a foundation survey a written request shall be submitted to the zoning department whereby additional time may be granted in 15-day increments. All construction shall be in full compliance of the zoning ordinances of the County. If a zoning violation is later determined, the applicant, owner and his estate shall move the construction or structure so as to conform with the zoning regulations effective on the date the permit was issued and shall further pay all consequent damages.

(b)

A foundation survey shall not be required for the construction of any structure located at least 150 feet from all property lines of the applicable zoning district. An inspection of the foundation shall be completed by the Zoning Administrator within 30 days of notification comparing the location of all new or extended foundations with the location of all proposed construction activity reported on the permit application. If more than 30 days is needed to complete the inspection, the zoning department will call the person that scheduled the inspection to request the additional time. Construction may continue upon notification to the zoning department, but, all construction shall be in full compliance with the zoning ordinances of the County. If a zoning violation is later determined, the applicant, owner and his estate shall move the construction or structure so as to conform with the zoning regulations effective on the date the permit was issued and shall further pay all consequent damages.

(c)

Failure to comply with the requirements of this section shall be grounds for the issuance of a stop work order and/or citations pursuant to the Code of Ordinances.

(Ord. of 6-11-02)

Where required, all persons, firms or corporations shall pay a fee according to the approved schedule of fees of the land management department.

(Ord. of 6-11-02)

A double fee may be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this ordinance nor from prosecution for violation of this ordinance.

Whenever an order of the Zoning Administrator has not been complied with after notice has been provided to the owner, resident agent, contractor, sub-contractor, or occupant of the premises, the County Board of Supervisors, the Zoning Administrator, or the Corporation Counsel may institute appropriate legal action of proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.

(Ord. No. 1049-06/17, pt. XXVI, 6-13-17)

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the County Board of Supervisors may, by ordinance, change the district boundaries or amend or supplement the regulations established by this ordinance in accordance with the provisions of the Wisconsin Statutes.

A petition for change or amendment may be made by any property owner in the area to be affected by the change or amendment, by the town board of any town wherein the ordinance is in effect, by any member of the County Board, or by the Committee.

(1)

Limitation on applications. A party shall not initiate action for a zoning change affecting the same land more often than once every 12 months unless there is a substantial change in the area or a change in use. The 12 months to be calculated from effective date of the Committee's public hearing.

(2)

Pre-application for change or amendment requests. A pre-application meeting shall be required prior to the submittal of a petition for any change to the district boundaries or amendments to the regulations for a subdivision/condominium or campground development of 5 or more units or changes to the A-4, B-1, B-2, B-3, B-4, B-5, M-1, M-2, M-3, M-4 on sites two acres or greater. The pre-application process shall include a sketch plan prepared by a registered land surveyor and the applicable fee. The plan submitted shall be reviewed in a meeting scheduled by the County. The plans shall be reviewed for issues related to, but not limited to, platting, zoning, sanitation, storm water, highway and parks. If a pre-application meeting is held during the conditional use process, a pre-application meeting is not required during this process.

(Ord. 419-03/07, pt. II, 3-13-07; Ord. No. 740-09/12, pt. XIX, 9-6-12)

Petition for any change to the district boundaries or amendments to the regulations shall be filed with the County Clerk and the appropriate township clerk, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use and have attached the following:

(1)

Petitioners name, address, phone number, and interest in property (owner, broker, etc.).

(2)

Existing zoning district.

(3)

Proposed zoning district.

(4)

Proposed use (a statement of the type, extent, area, etc. of any development project).

(5)

Compatibility with County plans (a statement of conditions warranting change in zoning).

(6)

Compatibility with adjacent lands (a statement of land uses and impact of zoning change).

(7)

Legal description of property to be rezoned prepared by a registered land surveyor in the State of Wisconsin.

(8)

Plat of survey prepared by a registered land surveyor in the State of Wisconsin showing the location, boundaries, dimensions, uses, and size of the following: Subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions; high water channel, floodway, floodplain, and shoreland boundaries; and existing high water channel, floodway, floodplain and shoreland boundaries; and existing and proposed street, side and rear yards. In addition, the plat of survey shall show type, slope, boundaries of soils shown on the operational soil survey maps prepared by the USDA Soil Conservation Service for the Southeastern Wisconsin Regional Planning Commission. A scale plot plan may be acceptable in place of a plat of survey only if the land to be rezoned is an entire recorded tax parcel with an accurate legal description(s) or if the land to be rezoned is a complete zone district portion(s) of a recorded multiple zoned parcel and the remnant district portion(s) not to be rezoned is excluded in the legal description.

(9)

Additional information as may be requested by Committee.

(10)

Fee receipt from Zoning Administrator.

(11)

Township decision. A decision from the appropriate township must be received before a public hearing may be held with respect to a petition for any change to the district boundaries. Township decisions must be submitted by the applicant to the department no later than one week prior to the scheduled hearing. An applicant may be charged a re-notice fee if the decision of the township is not received one week prior to the scheduled hearing.

(12)

Decisions. The Committee may make a decision on any change to the district boundaries or amendments to the regulations at the next regularly scheduled meeting of the Committee provided the Committee received the decision of the township.

The procedure to be followed with respect to a petition for any change to the district boundaries or amendments to the regulations shall be as set forth in Wis. Stats. ch. 59.69.

(Amd. of 1-11-05)

The County may approve petitions for rezoning areas zoned for exclusive agricultural use only after a public hearing and findings are made based upon consideration of the following:

1.

The proposed rezone should be consistent with the Walworth County and town comprehensive plans and the Walworth County agricultural preservation plan.

2.

In accordance with the Wisconsin Farmland Preservation Law (Wis. Stats. ch. 91) the proposed rezone may be approved by the County and Town only after findings are made based upon consideration of the following:

a.

The rezoned land is better suited for a use not allowed in the farmland preservation zoning district.

b.

The rezoning is consistent with any applicable comprehensive plan.

c.

The rezoning is substantially consistent with the County farmland preservation plan, which is in effect at the time of rezoning.

d.

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

3.

Subsection (2) does not apply to any of the following:

a.

A rezoning that is affirmatively certified by the Wisconsin Department of Agricultural, Trade and Consumer Protection under Wis. Stats. ch. 91.

b.

A rezoning that makes the farmland preservation zoning ordinance map more consistent with the County farmland preservation plan map, certified under Wis. Stats. ch. 91, which is in effect at the time of rezoning.

4.

Exceptions. With certain exceptions, it is envisioned that the lands identified as prime agricultural land and located within the Farmland Preservation Areas will be retained in agricultural and in agricultural-related uses that are allowed as principal or conditional uses in the A-1, Prime Agricultural Land zoning district. The exceptions are:

a.

Areas which may in the future be found to meet the criteria for rezoning from the A-1, Prime Agricultural Land zoning district set forth above.

b.

Areas of A-1 which are in the future proposed for agricultural manufacturing, warehousing, and marketing uses (uses permitted in the A-4 zoning district)—where the proposed use is compatible with adjacent agricultural areas and consistent with County and town goals and objectives. All such proposals will be subject to the County zoning ordinances. Such areas would have to be rezoned into the A-4 Agricultural Related Manufacturing, Warehousing, and Marketing district and receive a conditional use permit. Such uses, if approved, will be accommodated without amending the comprehensive plan or farmland preservation plan.

c.

Mineral extraction may be needed in the future and may be proposed as an M-3 rezone within the agricultural preservation areas where the proposed use is compatible with adjacent agricultural use, and consistent with County and town goals and objectives. All nonmetallic mining proposals will be considered on a case-by-case basis and will be subject to the County zoning ordinance and non-metallic mining reclamation ordinance. Such area would have to be rezoned into the M-3 Mineral Extraction District and receive a conditional use permit. The County requires of a nonmetallic mining sites in an agricultural preservation areas to be restored to an agricultural use. Such uses, if approved, will be accommodated without amending the comprehensive plan or farmland preservation plan.

d.

Parcels which may be developed in accordance with the substandard lot provision of the County zoning ordinance.

5.

By March 1 of each year the County shall provide to the Wisconsin Department of Agriculture, Trade and Consumer Protection a report of the number of acres that the County has rezoned out of the farmland preservation zoning district under subsection (2) during the previous year and a map that clearly shows the location of those acres.

(Ord. No. 879-09/14, pt. XIII, 9-4-14; Ord. No. 1377-07/25, pt. IV, 7-8-25)

The amending ordinance shall become effective immediately after public hearings held by the Committee, adoption by the County Board of Supervisors and publication or posting as provided by law.

For the purpose of this ordinance, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not discretionary.

A zones: Areas of potential flooding shown on a County's "Flood Insurance Rate Map" or "Flood Hazard Boundary Map" which would be inundated by the regional flood as defined herein. These areas may be numbered or be unnumbered A zones. The A zones may or may not be reflective of flood profiles, depending on the availability of date for a given area.

Abandoned sign: Any sign located on a property which becomes vacant and is unoccupied for a period of 30 days or more; any sign which pertains to a time, event or purpose which no longer applies; or a sign which no longer directs attention to a business activity, service or product sold on the premises.

Access and viewing corridor: A strip of vegetated land that allows safe pedestrian access to the shore through the vegetative buffer zone.

Accessory use or structure: A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure. An accessory structure cannot contain a separate dwelling unit, nor be used for overnight stays.

Adult entertainment use: An establishment consisting of, including, or having the characteristics of any or all of the following:

(1)

Adult bookstore: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein.*

(2)

Adult cabaret:

a.

An establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein;*

b.

A cabaret that features topless and/or bottomless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein*, for observation by patrons.

(3)

Adult mini motion picture theater: An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein.*

(4)

Adult motion picture theater: An enclosed building with a capacity for fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein.*

(5)

Adult oriented establishment: Shall include, but is not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments or adult cabarets and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specified anatomical areas, as defined herein*, to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

*Specified anatomical areas: Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.

*Specified sexual activities: Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochism, fellatio or cunnilingus. Fondling or erotic touching of human genitals, pubic region, or buttock or female breast.

Agricultural animal: means bovine animals, equine animals, goats, poultry, sheep, bison, mink, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish. (Wis. Stats. ch. 91)

Agricultural use: means any of the following activities conducted for the purpose of producing an income or livelihood: aquaculture; beekeeping; commercial feedlots; dairying; egg production; floriculture; fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses, Christmas tree production, and nurseries; poultry raising; crop or forage production; raising of fruits, nuts and berries; sod farming; placing land in Federal programs in return for payments in kind lands that are part of other State and Federal conservation programs; participating in the milk production termination program under 7 USC 1446 (d); and vegetable raising. (Wis. Stats. §§ 91.01, 92.10)

Agritainment: Events and activities, such as corn mazes, hayrides, pick-your-own, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with ongoing agricultural activity on-site. Agritainment does not include farmers markets, flea markets, camping, or wedding barns.

AH zone: See "area of shallow flooding."

Airport, public: Any airport which complies with the definition contained in Wis. Stats. § 114.002(18m)(a), or any airport which serves or offers to serve any common carriers engaged in air transport.

Alley: A special public or private right-of-way affording only secondary access to abutting properties.

Amusement activities: Uses such as, but not limited to, fair grounds, roller skating rinks, go-cart tracks, race tracks, and recreation centers.

Animal unit: Has the meaning given in NR-243.03. For animal units not listed, the equivalency to animal units shall be based on live animal weights. In these cases, 1,000 pounds of live weight is equivalent to one animal unit. The current NR243 rules should be consulted for any changes to the equivalents.

AO zone: See "area of shallow flooding."

Aquaculture: is the farming of aquatic organisms such as fish, shellfish and even plants.

Area of shallow flooding: A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

Area, net developable: Those lands within a development parcel remaining after the deletion of floodlands, wetlands, lands densely covered with trees and shrub growth on slopes of 12 percent or greater, all lands having slopes of 20 percent or greater, and all lands proposed for commercial or business land uses.

Area, total lot: The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Arterial street: A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways, as well as arterial streets, highways, and parkways.

Attached or attachment: The minimum requirement for attachments shall include all of the following:

(1)

The attachment, must extend from original grade to the roof line of one or more of the connected structures;

(2)

The attachment must be completely enclosed by a roof, walls, and floor (openings only for windows, skylights, doors, etc., are allowed);

(3)

The attachment must be accessible from all connecting structures;

(4)

The attachment as well as the connecting structures must meet applicable Uniform Dwelling Codes for foundation requirements; and

(5)

The attachment should be similar in design and materials to the connected structure(s).

Automotive proving grounds: An area used for testing and measuring the durability, safety, performance, emissions and related functions of passenger vehicles, light-duty trucks, and multi-purpose vehicles which functions are consistent with the design, development, engineering, manufacturing, and marketing of such vehicles and the administration of the same, but does not include public performance and racing whether by paid admission or otherwise, of motorcycles, go-carts, or race cars.

Automobile salvage yard: Any premises on which more than one self-propelled vehicle, not in running and/or operating condition, is not stored within an enclosed building. Running and/or operating conditions shall be a vehicle currently licensed, registered and operating in accordance with all applicable regulations of the Department of Motor Vehicles for the State of Wisconsin.

Banner: Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of any kind. Flags, shall not be considered banners for the purpose of this chapter.

Base flood: The flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.

Basement: That portion of any structure located partly below the average adjoining lot grade.

Bed and breakfast establishment: Any place of lodging, in compliance with Wis. Stats. 254.61(1), that provides four or fewer rooms for rent, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

Bed and breakfast establishment—commercial: Any place of lodging, in compliance with Wis. Stats. § 254.61(1), that provides eight or fewer rooms for rent to no more than a total of 20 tourist or transients in the B-6 district, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

Billboard: Any off-premises sign, except political signage, exceeding 12 square feet in area.

Boardinghouse: A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.

Building: Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

Building area: The total living area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways, and unfinished attics.

Building envelope: The three-dimensional space within which a structure is built on a lot and that may be defined by maximum height regulations and minimum yard setbacks.

Building height: The vertical distance, measured from the lowest finished grade along the street yard elevation of the structure, to the ridge of the highest roof line of the structure; including the roofs of architectural projections such as cupolas, domes, steeples, and gables. Flat roofs shall be measured to the highest point of the roof surface including such architectural projections as railings and walls.

Building inspector: A person certified by the Department of Commerce to engage in the administration and enforcement of the Uniform Dwelling Code for the State of Wisconsin.

Building officer: A person other than a certified building inspector having duties that do not include the administration and enforcement of the uniform dwelling code.

Building, detached: A principal building surrounded by open space on the same lot.

Building, principal: A building in which the principal use of the lot on which it is located is conducted.

Building line: A line between which any street line, no buildings or parts of buildings may be erected, altered, or maintained except as otherwise provided for in this ordinance.

Buildable lot area: That portion of a lot remaining after required yards have been provided.

Bulkhead line: A boundary line established along any section of the shore of any navigable waters by a municipal ordinance approved by the State Department of Natural Resources, pursuant to Wis. Stats. § 30.11. Filling and development is only permitted on the landward side of such bulkhead line.

Business: An occupation, employment or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered other than home occupations.

Campground, planned campground development: A parcel or tract of land maintained, intended, or used for the purpose of supplying nonpermanent overnight accommodations to persons in a recreational vehicle, no more than 400 square feet in area, including travel trailer, pick-up coach, motorhome, camping trailer, and park model, as well as other permitted structures as specified in section 74-62(7)/74-189(7).

Campground, public or private: Any parcel or tract of land maintained, intended, or used for the purpose of supplying non-permanent overnight accommodations to persons providing their own means of shelter in a portable device or recreational vehicle, no more than 400 square feet in area, including travel trailer, pick-up coach, motorhome, camping trailer, park model, buses, automobiles, tents or sleeping bags.

Camping: Any parcel or tract of land maintained, intended or used for the purposes of supplying temporary or overnight accommodations to the public for the placement of trailers, tents, buses, automobiles, recreational vehicles or sleeping bags.

Camping unit: Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van pick-up truck, tent or other mobile recreational vehicle.

Carport: A structure having a roof, with or without supporting walls, posts or columns, used, designed or intended to be used for the protection or shelter of private motor vehicles. For the purpose of this ordinance, a carport shall be considered to be the equivalent of a garage.

Car washes: Any facility used for the washing of vehicles requiring the installation of special equipment or machinery and plumbing affixed to or affixed separate of a structure.

Cemetery: As defined in Wis. Stats. ch. 157.

Centralized sanitary sewerage system: A system designed to collect, convey, and treat sanitary and other wastes from a number of individual waste sources and which operates a sewage treatment facility approved by the Wisconsin Department of Natural Resources. A septic tank, whether serving one or several waste sources, is not a sewage treatment facility. Any sewerage system served by a septic tank shall not, therefore, be termed or classified as a centralized sanitary sewerage system. Such centralized sanitary sewerage systems may be publicly or privately owned and operated, but in every case is subject to the rules and regulations for the Wisconsin Department of Natural Resources.

Certificate of compliance: A floodplain certification issued by the Zoning Administrator stating that the use of land or a building, the elevation of the lowest floor of a structure is in compliance with all of the provisions of this ordinance.

Changeable copy sign: A sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign. Such sign shall not contain, include or be illuminated by a flashing or moving light or be composed of any animated part. Each change of message shall be accomplished in one second or less and each message shall remain in a fixed position for at least two seconds. The use of traveling messages or segmented messages is prohibited.

Channel: A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

Channeling: The act or action which results in an interconnection of two bodies of water, usually navigable by surface craft.

Clinic: An establishment for the medical examination and treatment of patients, but without provision for keeping such patients overnight on the premises. For the purposes of this ordinance, a doctor's or dentist's office in his own home, when it complies with the requirements of this ordinance relating to such offices, shall not be considered a clinic, but any doctor's or dentist's office which is not a part of his own home, or the office of two or more doctors or dentists, whether in a residence or not, shall be considered a clinic.

Clothing repair shops: Shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, clothes pressing shops, but not employing over five persons.

Clothing stores: Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery, and millinery shops.

Club: An association of persons using a building or group of buildings for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

Cluster treatment systems: A cluster treatment system collects, conveys and treats sanitary waste and other waste water from a number of individual waste sources and is operated by a governmental unit with sanitary powers. A cluster treatment system shall include treatment systems that employ an aerated lagoon, together with a spray irrigation system. Such systems shall include those that involve a traditional septic field serving multiple homes which is thereafter collected into the cluster system. Effluent may be transported via a combination of pressure collection and local holding tank contract hauling. Cluster treatment systems are designed specifically as a means to replace or provide for failed or sub-code private sewerage systems installed prior to the availability of the new cluster system service. As such they are not designed to serve all properties within a community. Neither the properties served by the clusters nor others within the governmental district shall be considered as served by a public or centralized sanitary sewerage system for purpose of invoking any of the sewered zoning categories.