(a)

No land shall be used or structure erected which requires a land use permit under this chapter where the land is held unsuitable for such use or structure by the zoning administrator by reason of flooding, concentrated runoff, fire hazard, inadequate drainage, adverse soil conditions or rock formations, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the county. The zoning administrator, in applying the provisions of this section, shall, in writing, state the particular facts upon which he bases his conclusion that the land is not suitable.

(b)

The applicant, if he desires, may present evidence to the board of adjustment contesting such declared unsuitability pursuant to section 58-106.

(c)

Conservation practices such as, but not limited to, diversion terraces, sod waterways or subsurface drainage, shall be installed where required by the zoning administrator or zoning committee to prevent surface water runoff from construction sites, buildings, parking lots or other impervious surfaces from causing accelerated erosion or polluting navigable waters.

(d)

All lots shall abut on a public street, and each lot shall have the minimum frontage established in section 42-86, except in the RS-P and the RM-P zones where the requirements established for those zones shall apply. All lots shall also have a minimum width at the street yard setback as prescribed for the particular zone in which the lot is located.

(e)

Petroleum contaminated soil shall be restricted as follows:

(1)

No person shall deposit on lands located in the county soil which was removed from property located outside of the county which is contaminated by petroleum products. This restriction does not apply to landfills properly licensed for the disposal or remediation of petroleum contaminated soils.

(2)

Any person violating this subsection (e) shall immediately cease and remove any soil placed in violation of this subsection (e). Further, any person violating this subsection (e) shall be subject to the provisions of sections 58-41 and 58-42.

(3)

The zoning administrator shall enforce this subsection (e) and is authorized to pursue violations of this subsection (e). Any court enforcement is to be handled by the corporation counsel.

(4)

Any deposition of soils contaminated by petroleum products from sites within the county shall comply with all the applicable provisions of this subsection (e) and any other applicable regulations, including the state department of natural resources.

(Ord. No. 76, § 2.07, 3-13-1984; Ord. No. 227, § 1, 4-8-1997)

Any person constructing any cabin, home or other building within the unincorporated areas of the county shall comply with the following:

(1)

Driveways shall be cleared to a width of at least 18 feet with no tree branches or brush extending into the driveway to a height of 15 feet. For the purposes of this chapter, a driveway shall be considered any traveled way used to provide vehicular access from the property line to the premises.

(2)

Roads dedicated to public travel shall meet town road standards and the street standards established in section 42-81.

(3)

All electric power lines are to be buried within all newly developed subdivisions in unincorporated county.

(4)

Foundations and porches shall be enclosed in a manner which prevents accumulations of leaves or other combustible material.

(5)

Town or county fire numbers shall be placed on all lots within 12 months of the issuance of a building permit for a structure on such lot.

(Ord. No. 76, § 2.08, 3-13-1984; Ord. No. 421, 4-12-2005)

(a)

Lot reductions. After adoption of the ordinance from which this section is derived, no lot area shall be so reduced that the dimensional and yard requirements required by this chapter cannot be met.

(b)

Lot divisions. No improved lot shall hereafter be divided into two or more lots after the adoption of the ordinance from which this section is derived, and no portion of any improved lot shall be sold unless all improved lots resulting from each such division or sale shall conform with all applicable regulations of the zone in which the property is located.

(c)

Substandard lots.

(1)

Substandard lots served by a public sanitary sewer. A substandard lot served by a public sanitary sewer may be used as a building site for a single-family dwelling upon issuance of a land use permit if it meets all of the following requirements:

a.

Such use is permitted in the zone.

b.

The lot was on record in the county register of deeds office prior to the effective date of the ordinance from which this section is derived.

c.

The lot was never developed with one or more of its structures placed partly upon an adjacent lot or parcel.

d.

All the dimensional requirements of this chapter (including side yard, water, and highway setback requirements) are complied when establishing a permitted use and associated structures.

(2)

Substandard lots not served by public sanitary sewer. A substandard lot not served by a public sanitary sewer may be used as a building site upon issuance of a land use permit if it meets all of the requirements of subsections (c)(1)a—d of this section, and has room for a POWTS that is sized to serve the proposed use and associated structures.

(3)

If a substandard lot is sold and the proposed use and associated structures cannot be located on the lot to meet the requirements of this and other county codes, the landowner has the right to apply for a variance to those requirements. However, the hardship presented may be considered a self created hardship, and the variance is not guaranteed approval.

(4)

Planned unit developments. Planned unit developments shall conform to the zoning requirements of the respective RM, RS-P, or RM-P districts in which they lie, and the requirements of chapter 42, Subdivisions of the Waushara County Code.

(Ord. No. 76, § 2.11, 3-13-1984; Ord. No. 532, 3-8-2011; Ord. No. 535, § 1, 10-18-2011; Ord. No. 544, § 1, 4-17-2012; Ord. No. 554, 3-19-2013; Ord. No. 624, 3-20-2018)

(a)

All yards and other open spaces allocated to a building (or group of buildings comprising one principal use) shall be located on the same lot as such building. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot requirements for any other building.

(b)

Except as otherwise provided in this chapter, any side yard or rear yard abutting a zone boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths of such yards in the two districts which abut the zone boundary line.

(c)

The following shall not be considered to be obstructions when located in the required yards specified, subject to the requirements of section 58-231:

(1)

In any yards. Marquees and awnings adjoining the principal building and overhanging roof eaves that do not exceed 24 inches from the exterior of the structure, chimneys, ornamental light standards, flagpoles, arbors, trellises, trees, shrubs, coin-operated telephones, satellite antenna dishes that are six feet or less in diameter, stairs no more than five feet in width, walkways and sidewalks no more than five feet in width, landings of 40 square feet or less (and less than five feet in width) when necessary for safety purposes, piers, wharves, bridges, retaining walls, permitted signs, open accessory off-street parking areas and open space uses customarily accessory to the principal use, and outdoor fuel-dispensing equipment.

(2)

Fences. Fences are permitted on the property lines in all districts, but shall not be closer than two feet to any public right-of-way. In residential districts, fences shall not exceed a height of six feet. Security fences are permitted in all districts, except residential districts, but shall not exceed ten feet in height and shall be of an open type similar but not limited to woven wire or wrought iron fencing. In all districts within the visual clearance triangle, the provisions of subsections 58-826(e) or 58-827(d) shall prevail. Landowners are responsible for complying with any other applicable regulations including, but not limited to, Wis. Stats. chs. 90 and 844.

(Ord. No. 76, § 2.12, 3-13-1984; Ord. No. 159, § 6, 6-9-1992; Ord. No. 289, § 1(2.12), 5-9-2000; Ord. No. 438, 3-14-2006; Ord. No. 532, 3-8-2011; Ord. No. 591, 3-15-2016; Ord. No. 661, 4-20-2021)

(a)

Heights of the following structures may exceed ordinance limits for the zone in which it is to be located: Cooling towers, stacks, lookout towers, silos, windmills, wind turbines, water towers, spires, radio, telephone, and television aerials, masts, antenna and mechanical appurtenances and barns and other buildings designed for the storage of agricultural products, but in no case shall exceed a height of 500 feet above ground level.

(b)

Adjacent to airports, the maximum height of objects shall be determined in accordance with subsection 58-236(b).

(c)

Churches, schools, hospitals, sanitariums and other public and quasipublic buildings may be erected to a greater height not exceeding 60 feet, provided that the front, side and rear yards required in the district in which the building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the zone in which such building is to be located.

(d)

Heights of any structures or buildings within the required water setbacks shall conform to the provisions of subsection 58-903(t) of this Code.

(Ord. No. 76, § 2.13, 3-13-1984; Ord. No. 183, § 1(2.13), 3-8-1994; Ord. No. 421, 4-12-2005; Ord. No. 535, § 1, 10-18-2011; Ord. No. 544, § 1, 4-17-2012)

(a)

Generally. Buildings shall be set back in accordance with the requirements of this section and shall meet the yard requirements of the respective zones.

(b)

Highway setback. All state and federal highways in the county are designated Class A highways. All county trunk highways not designated Class A are designated Class B. All other public roads in the county are designated Class C highways. Class A highway setback shall be 110 feet from the centerline of the highway or 50 feet from the right-of-way line, whichever is greater. Class B highway setback shall be 75 feet from the centerline of the highway or 42 feet from the right-of-way line, whichever is greater. Class C highway setback shall be 63 feet from the centerline of the highway or 30 feet from the right-of-way line, whichever is greater.

(c)

Reduced building setback. A setback less than that required by subsection (b) of this section may be permitted by the zoning administrator where there is at least one dwelling or an accessory building on either side of the applicant's lot, within 250 feet of the proposed site built to less than the required setback. The reduced setback afforded by a dwelling on either side of the applicant's lot may be applied to the construction of either a dwelling or an accessory building. In the case where there are accessory structures or only one dwelling on either side of the applicant's lot built to less than the required setback, the reduced setback that may be allowed shall only apply to a permitted accessory structure. In no case shall averaging allow a setback of less than 35 feet from the centerline of a county or town highway, nor less than 75 feet to the centerline of a state or federal (Class "A") highway. In all cases, the reduced setback for a dwelling shall take into account the footprint of the structure being proposed. When averaging is allowed, the zoning administrator may average portions of an existing dwelling that are not enclosed with either walls or roofs for similar proposed construction of portions of a dwelling that will not have walls or roofs; conversely, the zoning administrator may allow averaging of portions of an existing dwelling that are enclosed with walls and roofs for proposed construction of a dwelling that will be similarly enclosed with walls and roofs.

(d)

Visual clearance. In each quadrant of every intersection, there shall be designated a visual clearance triangle to provide motorists a safe braking and stopping distance to avoid accidents and to provide motorists turning onto roads, streets and highways a safe accelerating distance to merge with traffic to reduce traffic congestion. Within this triangle, no structure and/or object over two feet in height above these streets shall be allowed if it obstructs the view across the triangle. Posts or open fences are excluded from this subsection. Vegetation and landscaping over two feet in height occurring in the visual clearance triangle may be ordered to be pruned, thinned and/or removed if it is capable of causing a traffic hazard.

Standards for visual clearance triangles are as follows:

(1)

At each uncontrolled road intersection, a visual clearance triangle bounded by the street centerlines and a line connecting them 300 feet from a Class A highway intersection, 200 feet from a Class B highway, and 150 feet from a Class C highway intersection. If two highways of a different class intersect, the greater distance shall apply to both centerlines.

(2)

At controlled intersections when one road has a stop sign, traffic light or yield sign, the leg of the visual clearance triangle following the centerline of the road that has no stop sign, traffic light of yield sign shall be the length as required in subsection (d)(1). The visual clearance triangle line shall extend from the end of that line to a point on the center line of the street which has a stop sign, traffic light or yield sign and which is 100 feet from the intersection of the centerlines of the two streets.

(3)

When both roads have stop signs, traffic lights or yield signs, the visual clearance triangle shall be bounded by the street centerlines and a line connecting points on them 100 feet from their intersection.

(Ord. No. 76, § 2.14, 3-13-1984; Ord. No. 194, § 4, 4-11-1995; Ord. No. 289, § 1(2.14), 5-9-2000; Ord. No. 320, 5-8-2001; Ord. No. 396, 3-9-2004; Ord. No. 421, 4-12-2005; Ord. No. 438, 3-14-2006; Ord. No. 490, 2-12-2008; Ord. No. 532, 3-8-2011; Ord. No. 535, § 1, 10-18-2011; Ord. No. 541, 3-20-2012; Ord. No. 544, § 1, 4-17-2012; Ord. No. 554, 3-19-2013; Ord. No. 576, 3-18-2014; Ord. No. 591, 3-15-2016; Ord. No. 610, 4-18-2017; Ord. No. 695, 4-15-2025)

(a)

Open fences are permitted within the required setbacks of subsections 58-826(b) and (d). For the purposes of enforcement, an open fence is considered as a fence that, from a perpendicular position, does not block more than one-third of the view.

(b)

Petroleum and gas transmission lines, telephone, telegraph and power transmission towers, poles and lines, water towers, pumping stations, well pump house covers, private on-site wastewater systems that comply with ch. SPS 383, and other utility structures that have no feasible alternative location outside of required setbacks, as long as those structures, employ best management practices to infiltrate or otherwise control stormwater runoff from the structure.

(c)

Underground structures not capable of being used as foundations for future prohibited overground structures are permitted.

(d)

No trees or shrubbery shall be planted to constitute a substantial obstruction to the view of motorists and pedestrians across the vision clearance triangle from one highway or street to another.

(e)

Access or frontage roads constructed by the public to plans approved by the county highway committee are permitted.

(f)

Permitted signs and signs placed by public authorities for the guidance or warning of traffic are permitted.

(Ord. No. 76, § 2.15, 3-13-1984; Ord. No. 535, § 1, 10-18-2011; Ord. No. 544, § 1, 4-17-2012; Ord. No. 610, 4-18-2017)

(a)

Access permits. Permits are required for all new access points created after the effective date of the ordinance from which this section is derived.

(1)

Permit applications for access to Class A highways shall be made with the state department of transportation, to Class B highways with the county highway department and to Class C highways with the county zoning office. No separate access permit is needed for Class C highways if a land use permit has been issued.

(2)

The agency which issues the permit application shall conduct inspections of the point of access to determine compliance with the applicable provisions and shall maintain permanent records of data submitted, staff recommendations and permits issued.

(3)

The authority to approve, conditionally approve or reject an application is delegated to the agency which issues the permit except if the proposed access does not conform to the access provisions of this chapter. Requests for nonconforming accesses shall be subject to review and approval by the board of adjustment prior to the issuing agency granting the permit.

(4)

A copy of applications for conditional use permits, variance and zone changes related to access provisions shall be forwarded for review to the county highway department or the state department of transportation ten days prior to hearing on access to highways within their jurisdictions. Copies of decisions on these matters shall be submitted to these departments within ten days after they are granted or denied.

(b)

Space standards. Access driveways to highways from abutting properties shall comply with the following requirements:

* Class of highway is defined according to subsection 58-826(b) and further modified by the state department of transportation's highway factional classification system which is updated annually. A current map depicting highway classification shall be posted in the zoning office and highway department.

(1)

New access should comply as closely as possible to the spacing standards where strict application of these standards would deny access to lots in existence prior to the adoption of the ordinance from which this section is derived.

(2)

Where the option exists:

a.

A parcel shall be accessed from a private road rather than from a public highway.

b.

Access shall be granted to a highway with a lower classification than one with a higher classification.

(3)

Prior to the agency's approval of lots which are created by means of a land division, minor subdivision, or major subdivision and which have frontage on a public road which is less than two times the required driveway spacing, such lots shall be subject to additional assurances as deemed necessary by the agency that all proposed driveways will meet such required spacing. These assurances may include, but are not limited to, requiring permanent access restrictions be shown on the certified survey map or plat, or the actual installation of the driveways, prior to approval of such map or plat.

(4)

Where the strict application of the minimum space standards in subsection (b) above would result in the proposed driveway being located in a hazardous or unsafe location, the permit issuing authority has the authority to allow the driveway closer than these minimum space distances if, in the permit issuing authority's opinion, it is in the best interest of public safety.

(5)

The construction of new public roads shall conform to the minimum space standards in subsection (b) above and the construction standards of subsection (d) below.

(c)

Number and width of driveways per land use. The maximum number and width of access driveways per land use to highways and service roads shall be as follows:

Conversion of an access point from one type of use to another shall be treated the same as opening a new access point and must meet the conditions of the regulations of this section.

(d)

Design standards. Driveways to state and federal highways must comply with subsections (b) and (c) above and the design provisions of the access permit issued by the state department of transportation. Driveways to all county and town highways must comply with subsections (b) and (c) above and the design provisions of the access permit issued by the county highway department or the township, provided that they meet the following minimum standards:

(1)

Culverts, if needed, must be a minimum of 15 inches in diameter.

(2)

Driveway height must not exceed the level of the outside edge of the road shoulder.

(3)

End or retaining walls may be permitted on driveways, but only when they conform to the side slope requirements of subsection (d)(4) below.

(4)

The side slopes of the driveway shall equal or be flatter than the side slope of the main highway, but should not be steeper than 2½ to one, unless otherwise designated on an individual basis.

(5)

Concrete shall not be used for driveway surface material within the right-of-way of all state and county highways as well as all town roads (with the exception of the Town of Poy Sippi).

(6)

The maximum grade within the right-of-way of any public road shall not exceed ten percent.

(e)

For the purpose of providing safe and adequate access for emergency purposes, any new access that will serve as a shared access for more than two parcels or dwellings, shall be served by an access road that meets the minimum standards as set forth in section 42-81 of the Waushara County Code.

(Ord. No. 76, § 2.16, 3-13-1984; Ord. No. 396, 3-9-2004; Ord. No. 470, 3-13-2007; Ord. No. 490, 2-12-2008; Ord. No. 532, 3-8-2011; Ord. No. 624, 3-20-2018; Ord. No. 676, 4-18-2023)

(a)

Generally. Adequate parking facilities shall be provided for all uses which generate vehicular traffic.

(b)

Access. Adequate access to a public road or street shall be provided for all required parking spaces. Access driveways shall comply with section 58-828.

(c)

Size. All required parking spaces shall have a minimum area of 180 square feet and shall have a minimum width of ten feet and a minimum length of 18 feet.

(Ord. No. 76, § 22.03, 3-13-1984)

The following table details various uses and the number of parking spaces each use requires:

(Ord. No. 76, § 22.04, 3-13-1984)

When a particular use is not listed, the parking requirements for a similar use shall apply.

(Ord. No. 76, § 22.05, 3-13-1984)

When two or more uses are combined, the total parking requirement shall be equal to the sum of the spaces required for each individual use.

(Ord. No. 76, § 22.06, 3-13-1984)

All commercial and industrial buildings erected or relocated after the effective date of the ordinance from which this section is derived shall be provided with sufficient off-street loading space so that no public street, road or alley will be blocked by any such activities.

(Ord. No. 76, § 22.07, 3-13-1984)

(a)

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

(b)

Findings:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

Based upon it's review of the secondary effects of adult-oriented establishments, the board finds that a geographic location in near proximity to a state or federal trunk highway is warranted.

(c)

Location of adult-oriented establishments.

(1)

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

(2)

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

a.

Any residential zoning district line, playground lot line, public park lot line, or public or private recreation area;

b.

Any structure used as a single-family dwelling, duplex, or multiple-family dwelling, church or other place of religious worship, public or private school, camp or campground, day nursery or kindergarten, library, museum or other public or semi-public building as defined in this Code;

c.

Any other structure housing an adult-oriented establishment;

d.

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

(3)

Adult-oriented establishments shall be located within 300 feet of a state or federal trunk highway right-of-way.

(4)

No residential quarters or living facilities shall be allowed on a premises with an adult-oriented establishment.

(5)

Distance requirements are to be measured in a straight line in any direction regardless of intervening structures, from the structure housing the adult-oriented establishment to the residential district boundary lines, to the lot line of any lot used for park, playground, or any structure listed in subsections (c)(2)a—d. above.

(6)

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

(7)

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

(8)

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

(9)

Subsequent location of any establishments listed in subsections (c)(2)a—d. above, within 1,000 feet of an existing adult-oriented establishment does not constitute a violation of this Code by the adult-oriented establishment.

(Ord. No. 464, 11-14-2006)

All signs located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered after the effective date of the ordinance from which this division is derived shall be in conformity with the provisions of this division.

(Ord. No. 76, § 23.01, 3-13-1984)

A sign permit is required for any sign except as provided in section 58-864. Sign permits shall be issued by the zoning administrator. The fee for sign permits shall be on file at the zoning office pursuant to section 58-191.

(Ord. No. 76, § 23.02, 3-13-1984)

Signs of the type permitted within the respective zones may be located according to the following schedule:

(Ord. No. 219, § 2, 3-12-1996; Ord. No. 470, 3-13-2007)

The following is a list of sign types, sizes, number permitted and locations:

(1)

Type 1. Official traffic control signs, and informational or directional notices erected by federal, state or local units of government. Official signs may be placed within the highway right-of-way. No permit is required.

(2)

Type 2. Signs advertising an on- or off- premises business or activity, area of interest, service available, home occupation, professional office, or a public or semi-public use. Such signs in the O-N, O-F, O-P, O-SW, A-G, A-R, RS-10, RS-20, R-M, RS-P and RM-P zoning districts shall not be more than 32 square feet per side. Such signs in the C-C, C-S, C-G, M-G, and M-I zoning districts shall not be more than 100 square feet per side, providing that the minimum height of the bottom of the sign is not less than eight feet from the adjoining ground surface and does not otherwise obstruct vision or pose a safety concern. Such signs may be placed at the highway right-of-way. One type 2 sign is allowed per parcel. Multiple type 2 signs may be allowed on the same parcel if a minimum spacing of 100 feet is maintained. No permit is required for a single type 2 sign in the O-N, O-F, O-P, O-SW, A-G*, A-R, RS-10, RS-20, R-M, RS-P, and RM-P zones. A permit is required for a single type 2 sign in the C-C, C-S, C-G, M-G, and M-I zones, or for multiple type 2 signs in any zone.

(3)

Type 3. Signs advertising the sale, rent or lease of the property on which the sign is placed. Such signs shall not be more than 32 square feet per side. Such signs may be placed at the highway right-of-way. One type 3 sign is allowed per parcel. Multiple type 3 signs are allowed on the same parcel if a minimum spacing of 100 feet is maintained. No permit is required.

(4)

Type 4. Signs advertising a general brand or product, an area of interest, a business conducted, or a service available on- or off-premises. Such signs shall not be more than 100 square feet per side, and shall comply with the setback requirements established in subsections 58-826(b) and (e). A minimum spacing of 300 feet shall be maintained between type 4 signs. A permit is required.

(5)

Type 5. Signs on or attached to agricultural, commercial or industrial buildings advertising a business conducted or service available on the premises. No sign shall be higher than the maximum height permitted in the respective zone. One type 5 sign is allowed per parcel. Multiple type 5 signs are allowed on the same parcel if a minimum spacing of 100 feet is maintained. No permit is required.

(6)

Type 6. Signs indicating the direction to camps, campgrounds, recreation areas, resorts, residences or similar uses both on- and off-premises. Such signs shall not be more than 32 square feet per side. Where a common posting standard is provided, all such signs shall be attached to the standard directory. The resulting composite sign shall not exceed 100 square feet per side. Such signs may be placed at the highway right-of-way. One type 6 sign is allowed per parcel. Multiple type 6 signs are allowed on the same separate parcels if a minimum spacing of 100 feet is maintained. No permit is required.

(Ord. No. 219, § 3, 3-12-1996; Ord. No. 289, § 1(23.04), 5-9-2000; Ord. No. 396, 3-9-2004; Ord. No. 421, 4-12-2005; Ord. No. 438, 3-14-2006; Ord. No. 541, 3-20-2012; Ord. No. 554, 3-19-2013; Ord. No. 610, 4-18-2017)

Prohibited characteristics of signs are as follows:

(1)

No sign, except official traffic control signs erected by governmental units, shall be so placed as to interfere with the visibility or effectiveness of any official traffic sign or signal, or placed within the vision clearance triangle as defined in subsection 58-826(e).

(2)

No sign shall resemble, imitate, or approximate the shape, size, form or color of railroad or traffic signs, signals or devices.

(3)

No sign shall contain, include or be illuminated by flashing lights.

(4)

No sign shall contain, include or be composed of any conspicuous animated or moving part.

(5)

No sign shall make use of any rock, tree, or other natural feature for support or for carrying any message, except that legal no hunting or trespassing signs or other private regulatory signs may be attached to a tree.

(6)

No sign shall exceed 100 square feet in gross area.

(7)

Signs located within 300 feet of navigable waters shall not exceed 16 square feet in area, nor shall they be erected to a height greater than 16 feet. Such signs shall be erected above the ordinary high-water mark and shall not be internally illuminated.

(8)

No inoperative vehicle, semitrailer or farm implement shall be used as a sign in any district.

(9)

For electronic message boards, a text message may scroll or appear to travel horizontally or vertically on the sign face at a constant speed, but no part of the message or display shall flash, blink, or use any other form of animation, nor shall the background for such message use any form of animation.

(10)

Static displays on signs shall be displayed for at least two seconds and the change or transition from one display or message to another shall occur as quickly as possible.

(11)

No sign shall be illuminated to a degree of brightness that constitutes a nuisance or public safety hazard. Between dusk and dawn, the brightness of electronic message centers sign shall be set at 50 percent of the sign's maximum brightness, and the county reserves the right to require the brightness of any sign to be adjusted if it is deemed to be a public nuisance or a distraction to motorists.

(Ord. No. 76, § 23.05, 3-13-1984; Ord. No. 183, § 1(23.05), 3-8-1994; Ord. No. 219, § 4, 3-12-1996; Ord. No. 438, 3-14-2006; Ord. No. 490, 2-12-2008; Ord. No. 576, 3-18-2014)