These regulations are adopted under the authority granted by Wis. Stats. §§ 59.69—59.698, 87.30, and 236.45 and Wis. Stats. ch. 68.

(Code 1986, § 17.01)

The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics and general welfare of the county, and to limit structures to those areas where soil and geological conditions will provide a safe foundation and prevent and control water pollution.

(Code 1986, § 17.02)

It is the general intent of this chapter to regulate and restrict the use of structures, lands, shorelands and waters; regulate and restrict lot coverage, population distribution and density and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; prevent and control water pollution; protect spawning grounds, fish and aquatic life; preserve shoreland cover; and implement the county's general plan or county plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Code 1986, § 17.03)

It is not the intent of this chapter 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 laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 1986, § 17.04)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the county and shall not be deemed a limitation or repeal of any other power granted by state statutes.

(Code 1986, § 17.05)

This chapter shall be effective after notice and publication, hearing, and adoption by the county board of supervisors as required by Wis. Stats. § 59.69. This chapter shall not be effective in any municipality until it has been approved by the municipal governing body, pursuant to Wis. Stats. § 59.69(5). Any municipal governing body which approves this chapter shall promptly file with the county clerk a certified copy of the approving resolution attached to one of the copies of this chapter. This chapter shall become effective in said municipality as of the date of such filing.

(Code 1986, § 17.07)

For the purposes of this chapter, the following definitions shall be used:

Access road means a special local connecting road leading to a federal or state numbered highway or an arterial highway.

Accessory use or structure means 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. Examples of accessory uses or structures are garages, fences, culverts and gardens.

Adult bookstore means a retail establishment that has:

(1)

As a substantial or significant portion of its business the sale or rental of, or a substantial or significant portion of its stock in trade for sale or rental of:

a.

Publications which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined in this chapter; and/or

b.

Sexually oriented devices, as defined in this chapter.

(2)

As used in this definition, publications include, by way of illustration, books, magazines, other periodicals, movies, videotapes, and other products offered in photographic, electronic, magnetic, digital, or other imaging medium.

(3)

Any of the following shall be indicia that an establishment has as one of its principal business purposes the sale or rental of:

a.

Publications which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this chapter, and/or

b.

Sexually oriented devices, as defined in this chapter:

1.

The business advertises the sale or rental of adult publications including but not limited to "x-rated" movies and/or;

2.

Access by persons under 18 years of age to the business establishment or portions of the business establishment is restricted;

3.

Signs or notices are posted outside and/or inside the business establishment indicating that the material offered for sale or rental might be offensive;

4.

The building or portion of the building containing the business establishment does not have windows or has windows that are screened or otherwise obstructed or are situated in a manner that restricts visual access from outside the building to materials displayed within for sale or rental;

5.

The above factors shall be considered along with all other factors and available information. Notwithstanding the foregoing, a general circulation video store that does not offer for sale any sexually oriented devices shall not constitute an "adult bookstore" even though it offers for sale and/or rental videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities, as defined in this chapter, so long as:

(i)

Such described videotapes are stocked and displayed in a room separate from the area of the business establishment where general circulation videotapes are stocked and displayed;

(ii)

Access by persons under 18 years of age to the room where such described videotapes are stocked and displayed is restricted;

(iii)

The square footage of the separate room where such described videotapes are stocked and displayed is no more than ten percent of the square footage of the area where general circulation videotapes are stocked and displayed; and

(iv)

The general circulation videotapes portion of the business establishment offers a quantity and selection of new release general circulation videotapes that is typical of a general circulation video store and offers a quantity and selection of other general circulation video tapes that are organized and displayed in a manner that is typical of a general circulation video store.

Adult cabaret means an establishment that regularly features dancers or other entertainers who provide live adult entertainment, including but not limited to floor shows, exotic dancing, male or female impersonators, or similar entertainment and engage in a private performance, act as private models, display or expose any specified anatomical area(s) to a patron or customer, or wear or display to a customer any covering, tape, pastie, or other device which simulates or gives the appearance of the display or exposure of any specified anatomical area.

Adult entertainment means any exhibition of any motion picture, live performance, display or dance of any type, which is distinguished or characterized by an emphasis on any actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified anatomical areas," as defined below, appearing unclothed, or the removal of articles of clothing to reveal "specified anatomical areas."

Adult family home means a place where less than five unrelated adults reside, in which care, treatment or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility.

Adult mini-motion picture theater means a commercial establishment with one or more adult mini motion picture booths where:

(1)

A substantial or significant portion of business is the presentation and viewing in viewing booths of still or motion pictures that are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein; or

(2)

A substantial or significant portion of the stock of still or motion pictures available for viewing or that are actually viewed in the viewing booths are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined below.

(3)

Any of the following shall be indicia that a business establishment has as one of its principal business purposes the presentation and viewing in viewing booths still or motion pictures which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined below:

a.

Restricted access to the business establishment or portions thereof where viewing booths are located by persons less than 18 years of age.

b.

Posted signs or notices outside and/or inside the business establishment indicating that the material offered for presentation and viewing in the viewing booths might be offensive.

c.

The above factors shall be considered along with other available information.

Adult motion picture theater means an enclosed building in which a substantial or significant portion of business involves presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

Adult oriented establishment shall include, but is not limited to, "adult bookstores," "adult motion picture theatres," "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 as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purposes of viewing adult oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated, or maintained for profit, direct or indirect. An adult oriented establishment also includes the physical location from which adult entertainment is broadcast.

Agribusiness in this chapter means a retail or manufacturing business which supports the production operations of a farm, the manufacture and distribution of farm equipment and supplies, and the processing, storage, and distribution of farm commodities.

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

Antenna means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services or radio broadcast services.

Backyard chickens means a place where chickens are kept for the use and enjoyment of those living on the premises, but not for commercial purposes. The sale of a chicken as part of a 4-H or similar educational project shall not be considered a commercial purpose.

Basement means that portion of any structure adjacent to the ground which does not have an exit at grade.

Board of adjustment means the county zoning board of adjustment.

Boathouse means an accessory building designed for the protection or storage of boats, which shall not be used for either temporary or permanent dwelling purposes and shall not exceed eight feet in height, but this shall not prohibit the erection of a temporary flexible covering or sunshade over flat roofs or decks not to exceed 15 feet in height.

Building means 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, and includes dwellings.

Building area means the total living area bounded by the exterior walls of a building at the floor levels, but not including basements, garages, open porches and unfinished attics.

Building height means the vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of the structure, excluding chimneys, vents or antennae. Except in residential districts, also excluded are barns, chimneys, elevator bulkheads, fire towers, monuments, stacks, silos, storage, settling or drying towers, windmills, scenery lofts, tanks, water towers, ornamental lowers, spires, masts or aerials, conveyors or other equipment and necessary mechanical appurtenances. Structures such as wind energy facilities and telecommunications facilities shall follow the height requirements outlined in the sections of this chapter that pertain specifically to those structures.

Campground means a parcel or tract of land owned by a person, state, or local government that is designed, maintained, intended, or used for the purpose of providing campsites offered with or without charge, for temporary overnight sleeping accommodations of four or more camping units or one to three units if represented as a campground by advertising through media, a sign or a symbol.

Camping cabin means a building or other structure that is 400 square feet or less in area. A camping cabin includes a yurt, but does not include a tent, recreational vehicle, tourist rooming house, mobile home, or manufactured home.

Camping unit means a structure, including a tent, camping cabin, yurt, recreational vehicle, mobile home, or manufactured home, bus, van, or pickup truck.

Campsite means an area of a campground that is designated by the operator as capable of accommodating an independent or dependent camping unit. A campsite may be one or a combination of the following: Individual campsite, group campsite, seasonal campsite and/or rustic campsite.

Centerline means a line equidistant from the edges of the median separating the main traveled ways of an existing or planned divided road or highway or the centerline of the main traveled way of a nondivided road or highway.

Charcoal kiln means a structure in which wood is charred and from which the gases are permitted to escape during the process.

Class 1 collocation means the placement of a new mobile service facility or radio broadcast service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification.

Class 2 collocation means the placement of a new mobile service facility or radio broadcast service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification.

Clinic means an establishment for the medical examination and treatment of patients, but without provision for keeping such patients overnight on the premises.

Club means an association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

Collocation means class 1 or class 2 collocation or both.

Committee means the zoning committee of the county board of supervisors.

Common open space means undeveloped land within a planned unit development that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment of residents of the development. Common open space shall not be part of individual residential lots. It shall be substantially free of structures, but may contain historic structures and archaeological sites including Indian mounds and/or such recreational facilities for residents.

Community-based residential facility (CBRF) means a place where five or more unrelated adults reside, in which care, treatment or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility.

Conditional use means a use of a special nature so as to make impractical its predetermination as a principal use within a district.

Condominium means a community association combining individual unit ownership with shared use or ownership of common property or facilities, established in accordance with the requirements of the Condominium Ownership Act, Wis. Stats. ch. 703. A condominium is a legal form of ownership of real estate and not a specific building type or style.

Conservation easement means the grant of a property right or interest from the property owners to a unit of government or nonprofit conservation organization stipulating that the described land shall remain in its natural scenic, open or wooded state, precluding future or additional development.

Customer means any person who:

(1)

Is allowed to enter an adult oriented establishment in return for the payment of an admission fee or any other form of consideration or gratuity; or

(2)

Enters an adult oriented establishment and purchases, rents, or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

(3)

Is a member of and on the premises of an adult oriented establishment operating as a private club.

Day care center means a facility operated by a child care provider, licensed under Wis. Stats. § 48.65, certified under Wis. Stats. § 48.651, or established or contracted for under Wis. Stats. § 120.13(14), that provides care and supervision for four or more children under seven years of age for less than 24 hours a day.

Day care center, group, means a facility operated by a child care provider, licensed under Wis. Stats. § 48.65, certified under Wis. Stats. § 48.651, or established or contracted for under Wis. Stats. § 120.13(14), that provides care and supervision for nine or more children under seven years of age for less than 24 hours a day.

Development envelope means the area within which grading, lawns, pavement and buildings will be located.

District means a portion of the county for which the regulations governing the use of land and buildings are uniform.

Dwelling means a structure, or that part of a structure, which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, but does not include non-rental guest houses.

Dwelling unit means one or more rooms designed as a unit for occupancy by not more than one family for living and sleeping purposes.

Employee, as used in section 47-770, means any person who renders any service whatsoever to the customers of an adult oriented establishment or who works in or about an adult oriented establishment and who receives compensation for such service or work from the operator, or owner of the adult oriented establishment or from the customers therein.

Encroachment lines means limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. The stream channel and adjoining floodplains between those lines will be maintained as open space and will be adequate to convey the regional flood without adversely increasing flood heights.

End of taper means the point of intersection between the outer edges of the ramp pavement and the mainline pavement.

Equal degree of encroachment. Established by considering the effect of encroachment on the hydraulic efficiency of the floodplain along a significant reach of the stream. Dependent upon factors such as the relative orientation of the channel with respect to the floodway, the natural and manmade characteristics of the floodplain, relative ground level on both sides of the stream, the type of vegetation on both sides of the stream and the resistance of such vegetation to flood flow. In most cases, these factors will not result in equal distances or areas between encroachment lines on both sides of the stream.

Equipment compound means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities or radio broadcast service facilities.

Erect means to construct, build, raise, assemble, place, fix, attach, create, paint, draw or in any other way bring into being or establish.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage and communication systems and accessories thereto, such as telephone and power distribution poles, nonelectrical poles and towers, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, conduits, cables, fire alarm boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Event venue means a building, location or premises for rent used primarily for specific types of gatherings or meetings, including but not limited to: weddings, conferences, galas, community events, fundraisers and other similar events. An event venue, as defined in this Code, is a stand-alone business or facility not already associated with another use, nor used for another type of business defined elsewhere in this Code.

Existing structure means a support structure that exists at the time a request for permission to place mobile service facilities or radio broadcast service facilities on a support structure is filed with a political subdivision.

Expressway means a divided principal or primary arterial highway with full or partial control of access and with or without grade separated intersections.

FAA means the federal aviation administration.

Fair market value means the amount that a willing purchaser, under no duress or pressure to purchase, will pay for a piece of property versus what a willing seller, under no duress or pressure to sell, will accept for the property.

Fall zone means the area over which a mobile support structure or radio broadcast service facilities structure is designed to collapse.

Farm means an area of land devoted to the production of field or truck crops, livestock or livestock products, which constitute the major use of such property.

Farm building means a building on a farm other than a dwelling or mobile home.

Farm help means a person who, or a family at least one member of which, earns a substantial part of his or her livelihood from farm operations on the parcel, or is a parent or child of the operator of the farm.

FCC means the federal communications commission.

Flood means a temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.

Freeway means an expressway with full control of access and with fully grade-separated intersections.

Frontage means a smallest dimension of a lot abutting a public street measured along the street line.

Frontage road means a local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.

Fur farm means any property comprising land or buildings or both, used for the purpose of raising or harboring fur-bearing animals, including those defined in Wis. Stats. § 29.02(3)(c), and also including other fur-bearing animals, whether the animals are kept for breeding, slaughtering or pelting purposes.

Game farm means an area where animals or birds are raised, kept or released for purposes of being hunted within that area.

Garage means an accessory building or accessory portion of the main building used or designed or intended to be used for the storage of private motor vehicles.

Group home means any facility operated by a person required to be licensed under Wis. Stats. § 48.625, for the care and maintenance of five to eight children. This applies only to facilities where children reside.

Hazardous waste means any solid waste defined by the state department of natural resources as hazardous under Wis. Stats. § 291.05(2).

Height, mobile service support structure and radio broadcast service facilities structure, means the distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas and lighting.

Highway, arterial, serves longest trips with highest mobility. Arterial highways serve large communities and are a continuous, interconnected system with an uninterrupted maximum level of service.

Highway, collector, means a highway which serves as a linkage between local highways and arterials. High collectors serve moderate-sized communities and significant recreational centers, while low collectors deemphasize mobility and carry generally low traffic volumes.

Highway, local, means roads intended to move vehicles from individual parcels to the higher order road systems and should not carry through traffic. Local roads carry low-volume traffic.

Homeowners' association means a community association, incorporated or not incorporated, combining individual home ownership with shared use or ownership of common property or facilities.

Hotel means a building where rooms, with or without meals, are supplied to the transient public, or to anyone who may apply, for compensation.

Household occupation means any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed 25 percent of the area of any floor, does not employ more than one nonresident person and no stock in trade is kept or sold except that made on the premises.

Hub height, when referring to a wind turbine, means the distance measured from ground level to the center of the turbine hub.

Inhabited structure means a building existing prior to the conditional use application that is used for human habitation as a primary or secondary residence, including public buildings such as schools, churches and offices.

Interchange means a grade separated intersection on a state trunk highway with one or more turning roadways for travel between intersection legs.

Junkyard means an area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including the purchase or storage of used furniture or household equipment. The term "junkyard" includes automobile wrecking yards.

Kennel means the use of land, with related buildings and structures, for the breeding, rearing, boarding or training, possession, or ownership of more than five dogs over five months of age for a time period exceeding six months.

Laboratory means a place where scientific experiments and research are carried on, or where drugs, chemicals or such substances are made or tested; or an establishment devoted to the development of and fabricating of preliminary or pilot models, but specifically not to include any mass production of the result of the experimental work.

Livestock means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish. Does not include "backyard chickens."

Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress or egress to a public street or alley.

Lot means a parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.

Lot, corner, means a lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

Lot depth means the depth of a parcel of land measured from the road right-of-way.

Lot, front, means the side of a lot bordering the principal street, unless otherwise specified on a plat, except that those lots bordering a lake or river shall have the side bordered by the water deemed the front.

Lot, interior, means a lot which is not a corner lot.

Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot width means the width of a parcel of land measured at the rear of the specified street yard or setback lines.

Major recreational equipment means large items normally used for recreational purposes, including, but not limited to, travel trailers, motor homes, all-terrain vehicles, snowmobiles, boats and motors, buses and vans converted for sleeping purposes.

Manufactured home means a mobile home constructed after 1976 and bearing a manufactured home seal.

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

Military maneuvers means a planned and controlled movement of troops from Fort McCoy, Wisconsin, across certain county-owned general forestry land in the Township of New Lyme.

Mineral extraction means commercial mining, quarrying, borrow pits, crushing, working or other removal or processing of mineral resources, the erection of buildings and installation of necessary machinery used in such extraction or processing, and the preparation of hot blacktop mix and ready-mixed concrete, but not including extraction for on farm or town road use only.

Mobile home means any building constructed before 1977, originally designed incorporating frame, wheels or axles, to be capable of transportation by a motor vehicle upon a public highway, which does not require substantial on-site fabrication and is intended for occupancy.

Mobile home park means an area or premises on which is located two or more mobile homes, but not including mobile homes located on farms occupied for farm purposes.

Mobile service means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes:

(1)

Both one-way and two-way radio communication services,

(2)

A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and

(3)

Any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.

Mobile service facility means the set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

Mobile service provider means a person or entity who provides mobile service.

Mobile service support structure means a freestanding structure that is designed to support a mobile service facility.

Motel means a series of attached, semiattached or detached sleeping units for accommodation of transient guests.

NESC means the National Electrical Safety Code.

Non-rental guest house means a structure, or that part of a structure, which is used or intended to be used occasionally as a dwelling unit by guests of the owner or occupant of the principal dwelling located on the same parcel. A non-rental guest house shall not be the primary residence for one person or for two or more persons maintaining a common household. It shall not be occupied more than 180 days in any 365-day period.

Nonconforming lot means any lot which was created after the time of the effective date of the ordinance from which this chapter is derived, or amendments thereto, but prior to January 1, 2002, which does not conform to the regulations of this chapter or amendments thereto.

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. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

Nonparticipating landowner means one who does not host a turbine and/or allow a variance and/or grant a right-of-way.

Nonprofit conservation organization means any charitable corporation, charitable association or charitable trust (such as land trust), the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protection of natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.

Nudity or a state of nudity means:

(1)

The appearance of a human bare buttock, vulva, anus, anal cleft with less than a full opaque covering, male genitals, female genitals or female breast; or

(2)

A state of dress which fails to completely and opaquely cover a human buttock, vulva, anus, male genitals, female genitals or any part of the female breast or breasts that is situated below a point immediately above the top of the areola of the female breast.

Nursing home and rest home mean a building or institution for the care of the aged, the infirm or the sick, provided the same shall comply with the further definitions and regulations contained in Wis. Admin. Code chs. HFS 101 and HFS 132.

Off lot means any lot in which the minimum lot depth and width required for that zoning district does not directly abut a public road right-of-way. Intended for flag lots and lots that require an easement for access.

Off-premises or off-property sign means a sign that is not an on-premises sign.

On-premises or on-property sign means a sign at a business location advertising a business that is conducted on the property and that is located in the immediate vicinity of the business. "Immediate vicinity" in sections 47-792 through 47-797 means the sign is within the area bounded by the buildings, driveways and parking areas in which the activity is conducted or within 50 feet of that area. "Immediate vicinity" does not include any area across a street or road from the area where the business is conducted or any area developed for the purpose of erecting a sign.

Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated an adult oriented establishment whether or not that person is an owner, part owner, licensee, or manager of the establishment.

Operation, other than nominal use, means a facility that is used regularly as an integral part of an active system of telecommunications.

Operator, other than nominal use, means an individual who is in control of the premises and operations of an adult oriented establishment.

Owner means the holder of the conditional use permit.

Park, public, means an area owned by a governmental agency, operated for the convenience and recreation of the public, containing such facilities as the agency shall see fit.

Parking lot means an area where automobiles are temporarily stored, primarily for the convenience of employees, residents or patrons, but not for the purpose of storing vehicles to be junked, salvaged or sold.

Parking space means a graded and surfaced area of not less than 200 square feet in area, either enclosed or open, for the parking of a motor vehicle having adequate ingress and egress to a public street or alley.

Participating landowner means one who hosts a turbine and/or allows a variance and/or grants a right-of-way.

Patron means a customer.

Person means an individual, proprietorship, partnership, corporation, association or other legal entity.

Premises means the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.

Private wind energy facility means an electricity-generating facility consisting of one or more wind turbines whose main purpose is to supply electricity for the owner's consumption.

Professional home office means residence of a doctor of medicine, practitioner, dentist, clergyman, architect, landscape architect, professional engineer, registered land surveyor, attorney, artist, teacher, author or musician used to conduct his profession where the office does not exceed one-half the area of only one floor of the residence and no more than one nonresident person is employed.

Public service use or facility means a use operated or used by a public body or public utility in connection with any of the following services: water, wastewater management, public education, parks and recreation, police, fire and emergency response network, solid waste management, utilities, or highway departments.

Radio broadcast service facilities means commercial or noncommercial facilities, including antennas intended for the provision of radio broadcast services.

Radio broadcast service facilities structure means a freestanding structure that is designed to support a radio broadcast service facility.

Radio broadcast service provider means a person or entity who provides radio broadcast service.

Radio broadcast services means the regular provision of a commercial or noncommercial service involving the transmission, emission, or reception of radio waves for the transmission of sound or images in which the transmissions are intended for direct reception by the general public.

Reach means a hydraulic engineering term used to describe longitudinal segments of a stream or river. A reach will generally include the segment of the floodplain where flood heights are primarily controlled by manmade or natural floodplain obstructions or restrictions. In an urban area, the segment of a stream or river between the consecutive bridge crossings would most likely be a reach.

Roadside stand means a structure having a ground area of not over 300 square feet, not permanently fixed to the ground, readily removable in its entirety and to be used solely for the sale of farm products produced on the premises or on adjoining premises.

Salvage yard means the site used for the storage or sale of salvageable materials or for the purpose of salvage, wrecking, dismantling or demolition of salvageable materials, including the collection and/or dismantling of automobiles or other objects for transportation, reuse or resale.

Salvageable material and recyclables means discarded material no longer of value as intended, but which is stored or retained for salvage, sale or further reuse.

Sanitary landfill means a method of disposing of solid waste on land without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at such intervals as may be necessary.

Satellite dish means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, born, or cornucopia shaped and is used to transmit or receive electromagnetic signals. The term "satellite dish" includes, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

Search ring means a shape drawn on a map to indicate the general area within which a mobile service support structure or radio broadcast service facilities structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.

Service station means any building, structure, or premises used for the dispensing and sale of any motor fuel or oils, having pumps and storage tanks, or where the repair of motor vehicles or sale of tires, batteries and other parts takes place.

Setback means the minimum horizontal distance from the front lot line of the lot or from the centerline of the highway to the nearest part of the building, exclusive of permitted projections, measured at right angles to the highway or front lot line.

Setback lines means lines established adjacent to highways for the purpose of defining limits within which no building or structure or any part thereof shall be erected or permanently maintained, except as shown herein. The term "within a setback line" means the area between the setback line and the highway right-of-way.

Sexually oriented device means any three-dimensional object designed and marketed for stimulation of the male or female human genitals, anus, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, and physical representations of human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

Sign means any words, letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Small business means any occupation for gain or support conducted on property by resident occupants which is customarily incidental to the principal use of the premises.

Solar collector, private means a device, structure or a part of a device or structure a primary purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy for use primarily by the solar collector owner.

Solid waste means garbage, refuse and all other discarded or salvageable material, including waste material resulting from industrial, commercial and agricultural operations, and from domestic use and public service activities, but does not include solid or dissolved material in wastewater effluents or other common water pollutants.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region; or

b.

Showing the areola or nipple of a female breast.

(2)

Human male genitals in a discernible turgid state, even if opaquely covered.

Specified sexual activities means simulated or actual:

(1)

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

(2)

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, or cunnilingus;

(3)

Fondling or erotic touching of human genitals, pubic region, or areola or nipple of a female breast;

(4)

Excretory functions, as part of or in connection with any of the activities set forth in subsections (1) through (3) above.

Stable means a building or premises used for the training, housing, rent or lease of riding animals.

Story means the vertical distance between the surface of any floor and the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it.

Street means a public highway not otherwise defined lying within a subdivision, with a right-of-way not less than 66 feet, providing primary access to abutting properties.

Structural alterations means any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.

Structure means any erection or construction which requires location on the ground or is attached to something having location on the ground, such as buildings, towers, masts, poles, beams, soils, signs and carports.

Substantial modification means the modification of a mobile service support structure or radio broadcast service facilities structure, including the mounting of an antenna on such a structure, that does any of the following:

(1)

For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet. Unless a greater height is necessary to avoid interference with an existing antenna.

(2)

For structures with an overall height of more than 200 feet, increases the overall height of the structure by ten percent or more unless a greater height is necessary to avoid interference with an existing antenna.

(3)

Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation or if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.

(4)

Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

Support structure means an existing or new structure that supports or can support a mobile service facility or radio broadcast service facility, including a mobile service support structure, radio broadcast service facilities structure, utility pole, water tower, building, or other structure.

Total height, when referring to a wind turbine, means the distance measured from ground level to the blade extended at its highest point.

Trailer/RV means a portable vehicle designed to be towed by a motor vehicle and used for temporary sleeping purposes while its occupants are engaged in recreational activities.

Transmission lines means the wires and lines running from the last turbine in a string to any substation.

Tourist rooming house means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under ch. A TCP 73.

Turning lane means an existing or proposed connecting roadway between two arterial highways or between an arterial highway and any other highway. Turning lanes include grade separated interchange ramps.

Utilities means public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power generating plants, electrical power substations, static trans-former stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.

Utility pole means a structure owned or operated by an alternative telecommunications utility, as defined in Wis. Stats. § 196.01(1d); public utility, as defined in Wis. Stats. § 196.01(5); telecommunications utility, as defined in Wis. Stats. § 196.01(10); political subdivision; or cooperative association organized under ch. 185; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wis. Stats. § 182.017(1g (cq); [for] video service, as defined in Wis. Stats. § 66.0420(2)(y); for electricity; or to provide light.

Utility pole-mounted antenna means an antenna attached to or upon an existing or replacement electric transmission or distribution pole, streetlight, traffic signal, athletic field light, or other approved similar structure.

Variance means a departure from the terms of this chapter as applied to a specific building, structure or parcel of land, which the board of adjustment may permit, contrary to the regulations of this chapter, the district in which such building, structure or parcel is located when the board finds, after a public hearing, that a literal application of such regulation will effect a limitation on the use of the property which does not generally apply to other properties in the same district, and for which there is no compensating gain to the public health, safety or welfare. A variance shall not permit a use which is not permitted in the district in which it is proposed.

Vehicular sales means any operation that requires a license under Wis. Stats. ch. 218.

Vehicular service means any operation that engages in motor vehicle repair as defined under ATCP 132 Wis. Admin. Code.

Visible means the sign, or any part of the sign structure, can be seen from the main-traveled way of a highway by a person of normal visual acuity, regardless of whether the sign is designed, erected or intended to be read from the main-traveled way.

Vision clearance triangle means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of the highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street, road or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from their intersection as specified by this chapter.

Waterline means the normal high-water mark of any lake or stream, where the predominant vegetation changes from aquatic to terrestrial, or where established by the state department of natural resources (DNR).

Wind access permit means a wind access permit within the meaning of Wis. Stats. § 66.0403 or any successor statute.

Wind energy facility means an electricity-generating facility consisting of one or more wind turbines under common ownership or operating control of a public or private utility, and includes all substations, MET towers, cables/wires and other buildings accessory to such facility, whose main purpose is to supply electricity to off-site customers.

Wind energy facility siting permit means a construction and operating permit granted in accordance with the provisions of this chapter.

Wind turbine means a wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator.

Yard means an open space on a lot on which a structure is situated, unoccupied except as otherwise provided in this chapter.

Yard, front, means a yard extending across the full width of the lot and measured between the front line of the lot and the front line of the building.

Yard, rear, means a yard extending from the rear line of the main building to the rear lot line for the entire width of the lot, excluding such projections as are permitted hereinafter.

Yard, side means a yard on each side of the main building extending from the side wall of the building to the side lot line and from the front yard to the rear yard. When an accessory building is constructed as part of the main building, or constructed on one side of the main building, the side yard requirements shall be the same for the accessory building as required for the main building.

(Code 1986, § 17.08; Ord. No. 89-75; Ord. No. 95-2-6G; Ord. No. 6-98-11; Ord. No. 11-01-1; Ord. No. 11-02-4; Res. No. 3-06-1, § 17.08, 3-22-2006; Res. No. 3-06-2, § 17.08, 3-22-2006; Res. No. 10-09-05, 10-28-2009; Res. No. 10-09-06, 10-28-2009; Res. No. 11-10-09, 11-23-2010; Res. No. 10-12-02, 10-24-12; Res. No. 09-14-05, 9-24-14; Res. No. 11-15-02, 4-19-2016; Res. No. 08-16-13, 8-24-2016; Res. No. 06-18-13, 6-27-2018; Res. No. 07-20-04, 7-22-2020; Res. No. 03-22-02, 3-23-2022; Res. No. 06-25-09, 6-25-2025)

No person shall construct any structure or building or use any structure, building, land or water in violation of any of the provisions of this chapter. In case of any violation, the county board of supervisors, planning and zoning administrator, deputy planning and zoning administrator, county zoning committee, or any property owner who would specifically be damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.

(Code 1986, § 17.90; Res. No. 11-15-02, 4-19-2016)

Any person violating any rule or regulation of this chapter shall be subject to a forfeiture as provided in section 1-15.

(Code 1986, § 17.91)

The jurisdiction of this chapter shall include all lands and water within the county which are not within the corporate boundaries of incorporated areas.

(Code 1986, § 17.10)

(a)

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

(b)

The planning and zoning administrator shall be a fulltime county employee with the following powers and duties:

(1)

Administer, supervise and enforce the provisions of this chapter and all sections of the Wisconsin Statutes pertaining to county zoning.

(2)

Receive applications for and issue zoning and sign permits, land use permits and conditional use permits subject to approval by the committee as provided herein.

(3)

Advise interested persons as to the provisions of these zoning regulations and other matters pertaining to county zoning.

(4)

Inspect from time to time the premises for which a permit has been issued under this chapter, report suspected violations of this chapter to the district attorney or corporate counsel for prosecution, and sign complaints under the direction and supervision of the district attorney and corporate counsel, or issue citations.

(c)

Town boards may nominate a deputy planning and zoning administrator to administer, supervise and enforce the provisions of this chapter in the town. His compensation shall be determined by the town. Such deputies shall be subject to confirmation by the county zoning committee. Each such deputy may receive applications for zoning permits and shall transmit the same to the planning and zoning administrator for his consideration for issuance. They may assist the applicants in preparing their applications.

(d)

There shall be a planning and zoning committee of five voting members appointed by the chairman of the county board of supervisors. The voting members of the committee shall be county board supervisors. Under Wis. Stats. § 59.69(1)(cm), the planning and zoning committee shall also include, as a nonvoting member, a representative from Ft. McCoy, if the base's commanding officer appoints such a representative.

(Code 1986, § 17.11; Res. No. 08-16-13, 8-24-2016)

(a)

Applications for a zoning permit shall be made to the planning and zoning administrator on forms furnished by his office and shall include the following, where applicable:

(1)

Names and addresses of the applicant, owner of the site, architect, engineer or contractor.

(2)

A description of the site by legal description, the address of the site, the type of structure, the existing and proposed operation or use of site, the number of employees and the zoning district within which the site lies.

(3)

A certified survey map or plat of record showing the parcel of land for which the permit is requested, or a sketch of the site showing lot dimensions, existing and proposed structures and their dimensions, distances between structures and property lines, parking and loading areas and watercourses.

(4)

A written permit for highway access from the highway maintaining authority, complete with identification number.

(5)

A certified soil test if municipal sewage service is not available.

(6)

The proposed water supply if municipal water service is not available.

(7)

Any additional information as may be required by the planning and zoning administrator.

(b)

A zoning permit shall be either granted or denied in writing by the planning and zoning administrator within 30 days. The permit shall expire 12 months from the date of issue unless work has commenced. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(c)

Highway access in accordance with the provisions of the access permit shall be established prior to commencement of construction.

(d)

Such permits shall be posted in a prominent place on the premises prior to and during the period of construction, alteration or moving.

(e)

A zoning permit shall be required for all new stand-alone buildings exceeding 200 square feet and for all exterior enlargement or additions which would extend the building or portion thereof horizontally or vertically including but not limited to decks and porches. Normal repairs and interior remodeling do not require a zoning permit.

(f)

The county board of supervisors has final authority to approve or disapprove the written agreement between Fort McCoy, the Township of New Lyme and the county zoning committee, which would authorize military maneuvers on certain county-owned forestry land in the Township of New Lyme. The county board of supervisors' approval is considered the permit which authorizes the type of use as described in the agreement.

(g)

Pending violations or arrears. The zoning administrator may not issue a zoning permit for any property upon which there are:

(1)

Pending violations of chapters 35, 41, 47, 50 or 53 of the Monroe County Code; or

(2)

Delinquent real estate taxes for the property as determined by the Monroe County Treasurer.

(Code 1986, § 17.12; Ord. No. 89-75; Ord. No. 11-01-1; Res. No. 11-10-4, 11-25-2008; Res. No. 08-16-13, 8-24-2016; Res. No. 01-19-04, 1-23-2019; Res. No. 07-20-04, 7-22-2020)

(a)

No land shall be used or any structure erected where the land is held unsuitable for such use or structure by the county zoning committee by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, 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 committee may consult with the soil and water conservation district supervisors in determining suitability. The committee, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the committee may affirm, modify or withdraw its determination of unsuitability.

(b)

All lots shall have a minimum 66-foot access to a public road except under subsection (d).

(c)

Parcels that narrow to less than 66 feet of width before reaching the building site must be enhanced with an easement that maintains an access at a minimum width of 66 feet leading from a public road to the building site.

(d)

Physical access has been granted across the Elroy-Sparta State Trail or La Crosse River State Trail by the state department of natural resources. A zoning permit granted under this section has the following requirements:

(1)

Written permission from the state department of natural resources to cross the trail.

(2)

Written verification from local emergency services that the property is accessible and services will be provided.

(3)

A zoning permit shall be issued for only one dwelling or business and associated accessory structures per access. Agricultural or personal storage buildings may be permitted without a dwelling or business on the parcel.

(Code 1986, § 17.13; Ord. No. 11-01-1; Res. No. 06-18-13, 6-27-2018; Res. No. 07-20-04, 7-22-2020)

Application for a conditional use permit, variance or amendment which is denied shall not again be submitted within a period of nine months from the date of the denial.

(Code 1986, § 17.14)

The following use restrictions and regulations shall apply:

(1)

Principal uses. Only those principal uses specified for a district, their essential services and the uses described in this section shall be permitted in that district.

(2)

Accessory uses. Accessory uses and structures are permitted in any district only when the principal structure is present or under construction, except essential services which may precede construction.

(3)

Conditional uses.

a.

Conditional uses and their accessory uses are considered as special uses requiring review, public hearing and approval by the committee.

(4)

Unclassified uses. Unclassified or unspecified uses may be permitted by the zoning board of adjustment after the county zoning committee has made a review and recommendations provided that such uses are similar in character to the principal uses permitted in the district.

(5)

Temporary uses. Temporary uses such as real estate sales, field office or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the committee for a specified period of time.

(6)

Military maneuvers use. Military maneuvers uses are permitted upon approval of a contracted agreement between Fort McCoy, the Township of New Lyme and the county zoning committee with final ratification by the county board of supervisors. An advisory committee consisting of the New Lyme town board would work with the zoning committee and certain representatives from Fort McCoy to develop a contractual agreement which details the terms and conditions of military maneuvers on certain county-owned general forestry land in the Township of New Lyme. The county board of supervisors has the final authority to ratify or execute or not to ratify or execute such agreement.

(7)

Prohibited uses. Uses not specifically permitted shall be prohibited.

(Code 1986, § 17.15; Ord. No. 89-75; Res. No. 3-06-3, 3-22-2006; Res. No. 11-15-02, 4-19-2016; Res. No. 08-16-13, 8-24-2016)

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

(Code 1986, § 17.16)

An airport approach protection overlay zone may be used to control height of construction surrounding any FAA-approved airport. Where applied, no structure shall hereafter be constructed, altered or located to a height exceeding a limit established by the ratio of 20 feet horizontal to one foot vertical in the area surrounding the airport defined as a circle, its center point at the midpoint of the major runway and measured outward to a distance of five miles except that no structure may be limited to less than 35 feet.

(Code 1986, § 17.17)

Public utility gas and oil pipelines, transmission and distribution lines, poles and other accessories shall be permitted in all districts, provided that when a utility proposes a major intercity transmission line or pipeline, it shall give notice to the committee of such intention and of the time and place of hearing before the public service commission. At the request of the committee, the utility shall meet with it to discuss the routing of the transmission line or pipeline, and before actual construction, shall file a mapped description of the route of such transmission line with the committee.

(Code 1986, § 17.26)

The zoning administrator may issue a special permit to relax the standards of this ordinance in order to provide reasonable accommodations as required by provisions of federal and state law. Such relaxation shall be the minimum necessary to be consistent with federal guidelines for accommodation of persons with disabilities and shall, where practicable, be terminated when the facility is no longer used by the disabled person. A person applying for a permit for construction under this section shall establish the nature and extent of the disability and that the relaxation requested is the minimum necessary to provide reasonable use of the facility. A deed restriction or affidavit for the reasonable accommodation shall be filed with the register of deeds.

(Res. No. 06-18-13, 6-27-2018)