To achieve the objectives outlined in Wis. Stats. §§ 59.70(1), 59.69, 59.692, 59.694, 281.31, 87.30 and 254.59, the board of supervisors ordains the zoning regulations of this chapter.

(Ord. No. 183, § 1(1.01), 3-8-1994)

This chapter is adopted in order to promote and protect public health, safety, comfort, convenience, prosperity, aesthetics and other aspects of general welfare; and, more specifically, to fix reasonable standards to which buildings and structures shall conform; to regulate and restrict lot coverage and population density; to conserve the value of land and buildings in all of the unincorporated areas of the county; to guide the proper distribution and location of various land uses; to promote the safety and efficiency of the streets and highways; to provide for adequate light, air, sanitation and drainage; to conserve natural resources; to provide safety from fire and other hazards; to define the powers and duties to the administrative bodies as provided in this chapter; and to prescribe penalties for the violation of the provisions of this chapter or any amendment thereto. The shoreland provisions of this chapter are established to prevent the uncontrolled use of such shorelands and pollution of the navigable waters of the county. Further, Wis. Stats. § 281.31, provides that shoreland, subdivision, and zoning regulations shall: "Further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structure and land uses and reserve shore cover and natural beauty." Wis. Stats. § 59.692, requires counties to effect the purposes of Wis. Stats. § 281.31, and to promote the public health, safety and general welfare by adopting zoning regulations for the protection of all shorelands in unincorporated areas that meet shoreland zoning standards promulgated by the department of natural resources. The purpose of the shoreland provisions of this chapter is to establish minimum shoreland zoning standards for a code enacted under Wis. Stats. § 59.692, for the purposes specified in Wis. Stats. § 281.31(1), and to limit the direct and cumulative impacts of shoreland development on water quality; near shore aquatic, wetland and upland wildlife habitat; and natural scenic beauty.

(Ord. No. 76, § 1.03, 3-13-1984; Ord. No. 535, § 1, 10-18-2011; Ord. No. 544, § 1, 4-17-2012)

(a)

This chapter is not intended to repeal, impair or abrogate private covenants, deed restrictions or easements, except that where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances or parts of ordinances of the county inconsistent with this chapter, to the extent of the inconsistency only, are repealed.

(b)

This chapter contains shoreland regulations which, when applied within the jurisdictional area as defined in Wis. Stats. § 281.31(2)(d), take precedence over ordinance provisions adopted pursuant to Wis. Stats. § 59.69. However, where a county zoning ordinance enacted under a statute other than Wis. Stats. § 59.692, is more restrictive than the shoreland provisions contained in this chapter, that code shall remain in full force and effect to the extent of the greater restriction, but not otherwise. The provisions of this chapter apply to county regulation of the use and development of unincorporated shoreland areas, and to annexed or incorporated areas except as provided in Wis. Stats. § 61.353 and 62.233. Unless specifically exempted by law, all cities, villages, towns, counties and, when Wis. Stats. § 13.48(13), applies, state agencies are required to comply with, and obtain all necessary permits under, local shoreland codes. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the Wisconsin Department of Transportation is not subject to local shoreland zoning codes if Wis. Stats. § 30.2022(1), applies.

(Ord. No. 76, § 1.04, 3-13-1984; Ord. No. 535, § 1, 10-18-2011; Ord. No. 544, § 1, 4-17-2012; Ord. No. 610, 4-18-2017)

This chapter incorporates by reference rules, regulations and laws as set forth in statute and Wisconsin Administrative Codes. These rules, regulations and laws shall apply until amended or renumbered and then shall apply as amended or renumbered.

(Ord. No. 269, § 13(1.05), 3-9-1999)

Following passage by the board of supervisors, this chapter shall be in full force and effect in each town, as provided in Wis. Stats. § 59.69. All provisions of this chapter shall apply within the shorelands as set forth in subsections 58-902(1) and (2), regardless of whether this chapter has been adopted by the respective town boards.

(Ord. No. 76, § 1.07, 3-13-1984)

The provisions of this chapter shall apply to the land, water, air and all structures both above and below the ground within the unincorporated areas of the county.

(Ord. No. 76, § 2.01, 3-13-1984)

No structures, land, water or air shall, after the effective date of the ordinance from which this chapter is derived, be used without full compliance with the provisions of this chapter and all applicable local, county and state regulations. No structure, with the exception of certain minor structures, or part thereof, shall, after the effective date of the ordinance from which this chapter is derived, be located, erected, moved, or reconstructed or altered and no substantial land use change made without a land use or conditional use permit. No highway access shall be created or moved except in compliance with the terms of this chapter. The county zoning administrator shall accept all applications, issue or deny all land use permits, investigate complaints, give notice of violations, and enforce the provisions of this chapter. The zoning administrator shall have access to premises and structures during reasonable hours to make those inspections deemed necessary by the zoning administrator or their designee to ensure compliance with this chapter. If, however, the zoning administrator or their designee is refused entry after presentation of identification, the zoning administrator shall procure a special inspection warrant in accordance with Wis. Stats. § 66.0119, except in cases of emergency.

(Ord. No. 88, § 1(2.02), 6-9-1987; Ord. No. 576, 3-18-2014)

(a)

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

(b)

The provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of this chapter and shall not be deemed a limitation or repeal of any other power granted by statute and related administrative codes.

(c)

The applicant shall reimburse the county for its full cost in engaging engineers and other experts to review the accuracy of the information submitted with any land use permit, conditional use permit or any other public hearing application. If the zoning administrator, agency, or board of adjustments determines that the public interest requires the county to engage special consultants, such as engineers, planners, or experts it shall require the applicant to deposit a sum deemed sufficient to defray the expected costs of such work by consultants. Any excess over actual cost shall be refunded to the applicant. Any deficiency shall be billed and a final decision be withheld until payment is made.

(Ord. No. 76, § 1.05, 3-13-1984; Ord. No. 490, 2-12-2008)

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

Access and viewing corridor means a strip of vegetated land that allows safe pedestrian access to the shore through the shoreline vegetation protection area.

Accessory use or structure means a use or detached structure customarily incidental to and subordinate to the principal use or principal structure, land or water which may or may not be located on the same lot or parcel serving the principal use or the principal structure.

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

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

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

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

(1)

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

(2)

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

(3)

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

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

(1)

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

(2)

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

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

(1)

"Specified sexual activities."

(2)

"Specified anatomical areas."

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

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

(1)

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

(2)

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

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

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

Agricultural event center means a farm-based enterprise or business that provides a facility for hire to host social or business gatherings including, but not limited to, meetings, parties, seminars, weddings, receptions, and barn dances in a renovated agricultural structure or structures. The center must promote the retention of the rural nature of the parcel and community in which it is located.

Airport means a permanent facility used or intended to be used for the landing of aircraft of any type.

Airstrip means an unpaved surface used for the temporary or incidental landing of aircrafts.

Alley means a special public right-of-way affording only secondary access to abutting properties.

Animal unit means a unit equivalent to one cow, four hogs, ten sheep, ten goats, 100 poultry, and one horse, pony or mule.

Automobile service station means any building or premises which sells gasoline, oil and related products to the motoring public. This shall include repairs, washing and lubrication, but shall not include any body work, painting or dismantling.

Average lot width means the sum of the width of a lot at the water and at the building setback line divided by two for riparian lots. For all other lots, average lot width is the lot width at the building setback line.

Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period, 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.

Board means the Waushara County Board of Supervisors.

Boardinghouse means a building where meals and lodging are offered for compensation for five but not more than 12 persons and where no more than five sleeping rooms are provided for such purpose. An establishment where meals are served for compensation for more than 12 persons shall be deemed a restaurant.

Boathouse means a permanent structure that is currently, or has been used in the past, for the storage of watercraft and associated materials; that is currently or will be located less than 75 feet to the OHWM; and includes all structures which are totally enclosed, have roofs or walls or any combination of these structural parts.

Buildable area means the remaining area after the minimum open space, yard and setback requirements have been met.

Building means any structure which is or is to be permanently affixed to the land that is built, constructed or placed on such land for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

Building area means the area bounded by the exterior dimensions of the outer walls at the ground line.

Building envelope means the three-dimensional space within which a structure is built.

Building, principal, means the main building on a lot, intended for primary use as permitted by the regulations of the zone in which it is located.

Bulkhead line means a line in a harbor or navigable waters defining the channelward limit of solid fills or bulkheads.

Campgrounds means any parcel or tract of land owned by a person, state or local government designed, maintained, intended or used for the purpose of supplying a location for overnight camping or supplying accommodations for overnight use by a recreational vehicle, camping trailer, travel trailer or mobile camper open to the public and set aside for free or pay camping purposes. Two or more recreational vehicles, camping trailers, travel trailers or mobile campers shall constitute a campground.

Camping trailer, travel trailer and mobile camper or unit mean such mobile units designed to be used for temporary living or commercial purposes which may either be towed by a motorized vehicle or be a motorized vehicle. For the purposes of this definition, to come within the provisions of this definition, a camping trailer, travel trailer, or mobile camper or unit is to be used on a parcel less than 50 nonconsecutive calendar days within a calendar year with no more than ten calendar days in succession. For the purposes of this chapter, a camping trailer, travel trailer, or mobile camper or unit used on a parcel for 50 nonconsecutive calendar days or more within a calendar year shall be deemed a seasonal residence under the provisions of this chapter. For the purposes of this chapter, a camping trailer, travel trailer, or mobile camper or unit used within the provisions of this definition shall conform to all required setbacks of the respective district within which it is located.

Cemetery means a place containing one or more graves, cemetery lots, or other interment space intended for the storage or burial of human remains.

Certificate of compliance means official certification that a use, building or structure is in conformance with the provisions of this chapter.

Channel means a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

Club and/or lodge mean an association of persons who are bona fide members, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.

Commercial entertainment facilities means a site or facility where the principal use of the site or facility is to provide entertainment, and at which commercial activities occur, including, but not limited to, video arcades, entertainment and dance halls, opera houses, concert arenas and pavilions, and other similar sites or facilities not otherwise defined in this Code. For the purposes of this Code, adult-oriented establishments are not considered commercial entertainment facilities.

Commercial recycling operation means any operation involving the collection of aluminum, glass, paper and paper products, plastic or other salvageable material.

Comparable size means the same footprint and three-dimensional building envelope or smaller.

Conditional use means uses having characteristics so as to make their designation as a principal use within a particular zone permitted; provided that, certain conditions specified in the Code are met and that a permit is granted by the planning and zoning committee.

County planning and zoning committee means that committee or commission created or designated by the county board under Wis. Stats. § 59.69(2)(a), to act in all matters pertaining to county planning and zoning.

Day nursery/kindergarten means a facility where care and supervision is provided for four or more children under seven years of age for less than 24 hours per day for which the operator is compensated. Family child care homes, as defined in Wis. Stats. § 66.1017, do not constitute a day nursery/kindergarten, and are permitted, upon the issuance of a land use permit, in all districts where single-family dwellings are permitted.

Department means the department of natural resources.

Domestic chicken means a female hen or pullet.

Drainage system means one or more artificial ditches, the drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Dwelling, detached, means a residential building which is entirely surrounded by open space on the same lot.

Dwelling, duplex (two-family), means a residential building containing two dwelling units, excepting mobile homes.

Dwelling, multiple-family (apartment), means a building containing three or more dwelling units, including cooperative apartments, condominiums, apartments and similar arrangements.

Dwelling, single-family, means a residential building containing one dwelling unit.

Dwelling, single-family attached, means a group or series of three or more buildings each containing a single dwelling unit, attached at the side. Each building shall be separated by a party wall extending from footings through roofs. The term "attached dwellings" is intended to imply townhouses, patio or atrium houses or any other form that conforms to this definition.

Dwelling unit means a structure having provisions for living, sanitary and sleeping facilities, arranged for the use of one or more individuals of the same family, and is intended to provide shelter for one or more days in a calendar year.

Existing development pattern means that a principal structure exists within 250 feet of a proposed or existing principal structure along the shoreline.

Family means one or more persons related by blood, marriage or adoption, or a group of not more than five persons not so related, maintaining a common household in a dwelling unit.

Flea markets and rummage and garage sales mean flea markets, rummage sales or garage sales offering for sale household or other goods and shall be considered a commercial use if such activity is conducted at the same location for a period greater than ten days consecutively or in aggregate in one calendar year.

Floodplain means that land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain is comprised of the FW floodway and the FF flood fringe as those terms are defined in ch. NR 116, Wisconsin Administrative Code.

Floor area means the total area of the building footprint, including all area encompassed by foundations, basement walls, exterior walls, roof overhangs greater than 24 inches in width, support structures, and any attachments or appurtenances. Floor area, as calculated for the minimum living space of a dwelling unit, shall be completely enclosed, considered habitable under the building and mechanical code requirements, and be at least seven feet in height from floor to ceiling.

Floor area, gross, means, for the purpose of determining requirements for off-street parking and off-street loading, the floor area shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities to the production or processing of goods, or to business or professional offices.

Footprint means the land area covered by a structure at ground level as measured on a horizontal plane. The footprint of a residence or building includes the horizontal plane bounded by the furthest exterior wall and eave of greater than 24 inches, if present, projected to natural grade. For structures with eaves of 24 inches or less, the footprint shall be bounded by the furthest exterior wall. For structures without walls or roofs, such as open decks, stairways and patios, the footprint shall be bounded by the furthest portion of the structure projected to natural grade. For the purposes of replacing or reconstructing a nonconforming building with walls, the footprint shall not be expanded by enclosing the area that is located within the horizontal plane from the exterior walls to the eaves, projected to natural grade, or from the floor of an open structure (one without roof or walls), down to natural grade, or upward to enclose previously open space, as this would constitute a lateral expansion.

Forestry means the production and management of trees as a crop.

Fur farm means a tract of land or buildings devoted, in whole or in part, to the raising of fur-bearing animals for commercial purposes.

Garage, private, means a structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises. Carports are considered garages.

Garage, public or commercial, means any garage other than a private garage.

Height, building, means the vertical distance measured from the nearest finished grade to the nearest highest point of the roof.

Home-based business means a primarily family based business established on the same parcel as the business operator's single- or two-family home where the business is incidental and subordinate to the residential use, and where the business conducted would not detract from neighboring land uses, would not pose a threat to public safety, health, or the environment, and where such business can be conducted in such a manner where it would not prevent the property from converting back to strictly a residential use, if the business were ever to be abandoned. A home-based business established under this section has to conform to all of the standards listed in subsection 58-236(21), and could include, but are not limited to, businesses that fall within the standards listed, such as construction, excavation landscaper, plumber, electrician, and other family run contractor operations, minor vehicle repair and body work, small engine repair and sales, small truck and trailer terminals, minor welding and fabrication, storage, sales, and assembly, vehicle towing services, internet-based businesses, commercial storage facilities and other similar family-based businesses.

Home occupation means a gainful occupation conducted by a member of the family within his place of residence or an accessory building on the same parcel of the residence, where the space used is incidental to residential use, and is clearly and obviously subordinate of such residential use. No article is sold or offered for sale except such as produced by such home occupation.

Hotel means a building containing lodging rooms, a common entrance lobby, halls and stairway; where each lodging room does not have a doorway opening directly to the outdoors, except for emergencies and where more than 50 percent of the lodging rooms are for rent to transient guests, with or without meals, for a continuous period of less than 30 days.

Hunting or fishing shelter means a building or structure without permanent toilet or kitchen facilities, intended solely for fishing, hunting or trapping and only for temporary occupancy.

Impervious surface means an area that releases as runoff all or a majority of the precipitation that falls on it. Impervious surfaces excludes frozen soil, but includes all rooftops and paved or other solid surfaces unless specifically designed, constructed, and maintained to be pervious. All structures and vehicular or pedestrian accesses that are comprised of less than 50 percent impervious surfaces shall not be considered impervious All roadways as defined by Wis. Stats. § 340.01(54), or sidewalks as defined by Wis. Stats. § 340.01(58), shall also be excluded from impervious surface calculations.

Inoperative vehicle means a motor vehicle which is abandoned, disassembled, non-operative, disabled, junked, wrecked or no longer licensed. Commercial type vehicles including, but not limited to, dump trucks, school buses, construction vehicles, semi-tractors; self-propelled machinery such as mowers, tillers or seeders; and recreational vehicles such as boats, snowmobiles, ATV's, or motorcycles, which are not fully operative, in active use, or licensed are considered inoperative vehicles.

Kennel means a place where more than two adult dogs are boarded for a fee on a recurrent basis, or a place where more than five adult dogs are kept for any purpose, other than a dog breeding facility as defined per ATCP 16 which is prohibited. For the purposes of enforcement, any dog five months of age or older is considered an adult dog.

Lot means a parcel of land, whether legally described or subdivided as one or more lots or parts of lots, and which is occupied or intended for occupancy by one principal building or principal use, and/or accessory building(s) and open spaces as are required by this chapter; and having its principal frontage upon a public street.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land provided for public thoroughfares.

Lot depth means the average horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

Lot lines means a property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way line.

Lot width means the average horizontal distance between the side lot lines of a lot measured within the lot boundaries or the minimum distance between the side lot lines within the buildable area.

Maintenance and repair means general activities which do not involve structural alterations or repairs to the structure. These include redecorating, refinishing, remodeling, drywall and other wall coverings, trim, painting, insulation, siding, and shingles; upgrades to existing electrical and plumbing systems; the replacement of windows or doors; the repair of cracks and the application of waterproof coatings to foundations. It does not include replacement of components that would require any structural or load bearing alterations to accommodate the new component. Activities that are exempt under subsection 58-235(b)(7), or that are under official orders to correct a health or safety violation, shall also be considered as maintenance and repair.

MET tower means a meteorological tower used for the measurement of wind speed.

Mineral extraction and processing means the removal of rock, slate, gravel, sand, top soil or other natural material from the earth by excavating, stripping, leveling or any other such process.

Mitigation means balancing measures that are designed, implemented and function to restore natural functions and values that are otherwise lost through development and human activities.

Mobile home means a structure, transportable in one or more sections, which is eight body feet deep or more in width and is 32 body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. The length of a mobile home means the distance from the exterior of the front wall (nearest to the exterior of the drawbar and coupling mechanism) to the exterior of the rear wall (at the opposite end of the home) where such walls enclose living or other interior space, and such distance includes expandable rooms but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments. The width of a mobile home means the distance from the exterior of one side wall to the exterior of the opposite side wall where such walls enclose living or other interior space, and such distance includes expandable rooms but not bay windows, porches, wall and roof extensions, or other attachments.

Mobile home park means any plot of ground owned by a person, state or local government upon which two or more units occupied for dwelling or sleeping purposes, regardless of mobile home ownership, are located and whether or not a charge is made for such accommodations.

Mobile home, permanent, means a mobile home placed upon land owned, rented or leased by the mobile home owner, provided that the wheels have been removed and a permanent foundation has been constructed and the mobile home has been permanently affixed to such foundation including an approved water and sewer system.

Motel means a building or group of buildings containing rooms which are offered for compensation for the temporary accommodation of transients, and where there is no permanent occupancy of any unit except by the owner, his agent or employees.

Navigable water and navigable waters mean Lake Superior, Lake Michigan, all natural inland lakes within the state and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the state portion of the boundary waters, which are navigable under the laws of this state. Under Wis. Stats. § 281.31(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland codes required under Wis. Stats. § 59.692, and this chapter do not apply to lands adjacent to farm drainage ditches if:

(1)

Such lands are not adjacent to a natural navigable stream or river;

(2)

Those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching or had no previous stream history; and

(3)

Such lands are adjacent to artificially constructed drainage ditches, ponds, or stormwater retention basins that are not hydrologically connected to a natural waterbody.

Nonconforming use or structure means any structure, land or water, lawfully used, occupied or erected at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, which does not conform to the regulations of this chapter or amendments thereto. Nonconforming structures in the shoreland zone shall meet the provisions in section 58-235 herein.

Nonmetallic mining and processing means the removal of rock, slate, gravel, sand, topsoil or other natural material from the earth by excavating, stripping, leveling or any other such process. Operations conducted solely for domestic or farm use at an individual's residence or farm and operations that affect less than one acre of total area over the life of the mining and processing operation are exempted from this definition.

Ordinary high-water mark means the point on the bank or shore up to which the presence or action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. Where the bank or shore at any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high-water mark is, recourse may be had to the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high-water mark.

Previously developed means that a parcel has previously had all or part of a principal structure located within its boundaries.

Private sewage disposal system means a sewage disposal system other than a public sewage disposal system, including septic tank, soil absorption systems, privies, holding tanks, and privately owned common sewer facilities, including package treatment plants, lagoons and irrigation systems.

Public and semi-public buildings means structures principally of an institutional nature and serving a public need such as churches, hospitals, rest homes, schools, including private academic schools and nursery schools, libraries, museums, post offices, police and fire stations, public and private utilities and other public services; but not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise.

Public open space means any publicly owned open area including, but not limited to, the following: Parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

Public sewage disposal system means sewers and sewage treatment facilities used in connecting therewith which are maintained and operated by a municipality or sanitary district.

Recreation area means park, playground, ball field, ski hill, sport field, swimming pool, riding stables, riding academies, boarding or other facilities and area constructed for recreational activities and open for uses by the public or private organization.

Regional flood means a flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to have a one percent chance in any given year to occur on a particular waterbody because of like physical characteristics.

Resort means an area containing one or more permanent buildings utilized principally for the accommodation of the public for recreational purposes.

Roadside stand means a farm building used or intended to be used solely by the owner or tenant of the farm on which such building is located for the sale of farm products.

Routine maintenance of vegetation means normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance.

Salvage yard means a site or facility at which salvageable materials are stored or sold or at which wrecking, dismantling or demolition of salvageable materials are conducted, including but not limited to, automobile junkyards, scrap metal salvage yards and similar uses, except commercial recycling operations. Two or more inoperative vehicles or pieces of equipment stored outside of a completely enclosed building shall constitute a salvage yard.

Satellite antenna dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to what are commonly referred to as "satellite earth stations," TVROs and satellite microwave antennas. The term "satellite antenna dish" is deemed as included under the definition of the term "structure."

Seasonal residence means a dwelling unit to be used for part-time occupancy during certain periods of the year and not intended for permanent year-round use. For the purposes of this definition, the term "seasonal residence" shall include camping trailers, travel trailers, and mobile campers or units used on a parcel for commercial or living purposes for more than 50 nonconsecutive calendar days within a calendar year. A seasonal residence shall only be allowed if it meets the requirements of the Wisconsin Uniform Dwelling Code, and has a valid conditional use permit for storage of an unoccupied travel trailer, camping trailer, or mobile camper as noted in sections 58-334 and 58-454 of this Code.

Setback means the minimum allowable horizontal distance from a given point or line of reference, such as a thoroughfare right-of-way, ordinary high-water mark, or prospective line to the nearest vertical wall or other element of a building or structure. Any overhang of a building or structure that exceeds 24 inches from the exterior wall shall conform to all required setbacks listed in this Code.

Shooting range means an area designed and constructed for the discharge of firearms that is open for club members or public use; excluding individually owned and used target and archery ranges.

Shoreland means lands within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Shoreland-wetland zoning district means a zoning district, created as a part of a county shoreland zoning code, comprised of shorelands that are designated as wetlands on the Wisconsin Wetland Inventory Maps prepared by the department, which have been adopted and made a part of this Code.

Shoreline vegetation protection area means that area along the shoreline that is designed to contain, or has been verified as having, vegetation similar to that which would naturally occur on the site; in adequate amounts to provide groundcover, an understory layer, and overstory cover; and that provides wildlife habitat, helps control erosion, screens structures landward of the buffer, and enhances the natural scenic beauty of the waterbody and shoreline.

Sign means a name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or piece of land; and which directs attention to an object, product, place, activity, person, institution, organization or business.

Sign, accessory, means a sign which is utilized in conjunction with a sign of a principal use.

Sign, gross surface area of, means the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and, nor forming an integral part of the display.

Site plan, final, means a final drawing or design which will show the land use, construction or practice as set forth by the county planning and zoning committee.

Site plan, preliminary, means a drawing or design which shows the proposed land use, construction or practice that will affect the present land form of the site and its vegetation.

Small wind energy system means a wind energy generation facility that is designed to supply energy to the subject property and that has a total installed nameplate capacity of 300 kilowatts or less, and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts each. Small wind energy facilities are permitted in all zones shown on the official zoning maps of Waushara County provided they are at least one times their maximum blade height from all residences and property lines other than that of the owner of the system, and that they are at least one times their maximum blade height from any public buildings, road ROW's, and overhead public transmission lines. All noticing and other requirements of Chapter PSC 128 Wisconsin Statutes shall be complied with. Other definitions not defined here shall have the same meaning as noted in PSC 128.

Solid and hazardous waste disposal sites and facilities means commercial and municipal establishments or operations such as sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, and other establishments or operations for the storage, collection, transportation, transfer, processing, treatment, recovery or disposal of solid or hazardous waste, including the land spreading of petroleum contaminated soils but excluding commercial recycling operations.

Specified anatomical areas means:

(1)

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

(2)

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

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

(1)

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

(2)

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

(3)

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

(4)

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

Stormwater retention, infiltration, and treatment plan means a technical document that, if properly installed and implemented, will address the stormwater runoff from a one-year storm as it is defined by NRCS, (Natural Resources Conservation Service), for Waushara County.

Story means a continuous level supporting surface in any structure that extends horizontally partially or throughout the structure, and that constitutes a different level or stage in the structure.

Street (avenue, place, road, terrace, parkway, boulevard or court) means a right-of-way of a required width, which affords a primary means of access to abutting property.

Street line means the dividing line between a lot and a continuous street.

Structural alteration means any change in the supporting members of a building such as load-bearing walls, wall columns, roof or floor rafters, foundations, window or doorway headers, beams or girders, or any substantial changes in the roof and exterior walls that would require the issuance of a land use permit. Construction or relocation of non-load-bearing interior walls; new or relocation of existing appliances, plumbing fixtures or mechanical equipment, provided load-bearing structural alterations are not necessary to accommodate the new or relocated appliance, fixture or equipment; and the construction of code compliant access walkways, landings and stairs; are not considered structural alterations.

Structure means and includes any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or in the ground, or an attachment to something on a premises including, but not limited to, dwellings or other principal structures, accessory structures such as detached garages, sheds, and boathouses, additions, signs, decks, above ground and below ground swimming pools, platforms, porches, balconies, gazebos, fire pits, satellite antenna dishes, fences, boathouses, stairs, walkways, sidewalks, piers, wharves, patios, bridges and retaining walls.

Temporary amusement park means any facilities, mobile structure, or structures used for recreation, entertainment, such as carnivals and circuses, which are located on a site for a period not longer than 30 days.

Toxic materials means materials which are capable of causing injury to living organisms by chemical means.

Unit development, planned, means a type of development that may be permitted in zoning districts to achieve greater design flexibility.

Unnecessary hardship means that circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the zoning code.

Use, principal, means the primary use of a property or structures.

Used dwelling, single-family means any structure that has previously been used in another location, is on-site but has previously been used or constructed for another purpose, or is constructed wholly or in part of used materials and intended for use as a single-family dwelling.

Warehouse means a commercial building or buildings where raw materials or manufactured goods may be stored before their export or distribution for sale. Said buildings may also be used for the storage of personal items by an individual or individuals on a rental basis such as a public mini-storage facilities.

Water setback means the distance which a building shall be required to be set back, placed, located or erected from the ordinary high-water mark line.

Waterway means navigable water, rivers, streams, ditches, lagoons, canals and channels.

Wetlands means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions.

Wind energy facility means an electricity generating facility consisting of one or more wind turbines under common ownership or operating control, and includes substations, MET towers, cables/wires and other buildings accessory to such facility, whose main purpose is to supply electricity to off-site customer(s), and which generates more than 300 kilowatts total capacity or that has individual wind turbines that generate greater than 100 kilowatts each. Wind energy facilities may only be constructed in areas that are zoned A-G and O-F on the official Zoning Map of Waushara County. All noticing and other requirements of Chapter PSC 128 Wisconsin Statutes shall be complied with. Other definitions not defined here shall have the same meaning as noted in PSC 128 Wisconsin Statutes.

Wind turbine means a wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator, and includes the turbine, blade, tower, base and pad transformer, if any; provided that such a system only be a wind turbine for purposes of this Code if it both has a total height greater than 170 feet and nameplate capacity of greater than 100 kilowatts. Total height refers to the distance measured from the ground level to the blade extended at its highest point. Wind turbines are permitted in all zones, except all floodplain zones, the O-SW zone, and the O-N zone.

Wireless communications facilities means radio or TV broadcasting studios and/or towers, personal wireless service facilities, telephone and communications antennas, transmitters and receiving stations and other similar types of communication facilities. Home satellite service antennae and dishes are not included in this definition.

Wireless communications facility—Class 2 co-locations means the placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification to the existing structure to accommodate the new facility.

Wireless communications facility—New structures and Class 1 co-locations means the placement and/or construction of a freestanding new wireless communication tower or the placement of a new mobile service facility on an existing structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification of the existing structure to accommodate the new facility.

Yard means an open space on a lot which is unoccupied and obstructed from its lowest level to the sky. A yard extends along a line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

Yard, front, means a yard extending along the full width of the front lot line between the side lot lines, and which is generally located on the street or access side of a lot.

Yard, rear, means the portion of the yard on the same lot with the principal building, located between the rear line of the building and the rear lot line and extending for the full width of the lot, and which is generally located on the opposite side from the street or access side of a lot.

Yard, side, means a yard extending along a side lot line between the front and rear yards.

Zoning administrator means the official appointed to administer this chapter and whose duties are outlined in the division 3, article II of this chapter.

(Ord. No. 76, § 27.01, 3-13-1984; Ord. No. 90, § 2, 6-9-1987; Ord. No. 104, § 3, 7-12-1988; Ord. No. 159, §§ 20, 23, 24, 6-9-1992; Ord. No. 183, § 1(27.01), 3-8-1994; Ord. No. 227, §§ 4, 5, 4-8-1997; Ord. No. 269, § 23(27.01(82)), 3-9-1999; Ord. No. 289, § 1(27.01), 5-9-2000; Ord. No. 343, 3-12-2002; Ord. No. 421, 4-12-2005; Ord. No. 438, 3-14-2006; Ord. No. 464, 11-14-2006; Ord. No. 470, 3-13-2007; Ord. No. 490, 2-12-2008; Ord. No. 522, 3-9-2010; 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. 583, 3-17-2015; Ord. No. 591, 3-15-2016; Ord. No. 610, 4-18-2017; Ord. No. 624, 3-20-2018; Ord. No. 635, 3-19-2019; Ord. No. 651, 4-21-2020; Ord. No. 661, 4-20-2021; Ord. No. 676, 4-18-2023; Ord. No. 695, 4-15-2025)

Cross reference— Definitions generally, § 1-2.