The ordinance from which these regulations are derived is adopted under the authority granted by various sections of Wisconsin Statutes, including, but not limited to, Wis. Stats. §§ 59.69, 59.692, 59.694, 59.696, 59.697, 87.30, and 281.31 and Wis. Stats. chs. 91, 236, 287, 289 and 823.

(Ord. No. 2022-12, § 11.01(a), 10-11-2022)

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.

(Ord. No. 2022-12, § 11.01(b), 10-11-2022)

It is the general intent of this chapter to regulate and to restrict the use of all 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 shoreline cover; and implement the county comprehensive plan, as may be amended by the county board from time to time. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Ord. No. 2022-12, § 11.01(c), 10-11-2022)

It is not intended by 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. The shoreland provisions of this chapter supersede all the provisions of any county zoning ordinance adopted under Wis. Stats. § 59.692 which relate to shorelands. The general shoreland zoning provisions located in article X of this chapter and the shoreland-wetland district regulations of article X, division 3 of this chapter shall not require approval or be subject to disapproval by any town or town board. However, when a provision adopted under a statute other than Wis. Stats. § 59.692 is more restrictive than this chapter, that provision shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(Ord. No. 2022-12, § 11.01(d), 10-11-2022)

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 law. Geographic information system (GIS) data is utilized for interpretations of this chapter. GIS data is a graphic representation of the underlying data that is contained in the county soil survey, Federal Emergency Management Agency (FEMA) floodplain maps, state department of natural resources DNR wetland inventory maps, official zoning maps and tax parcel maps.

(Ord. No. 2022-12, § 11.01(e), 10-11-2022)

The county board of supervisors may from time to time alter, supplement, or change the boundaries and regulations contained in this chapter in the manner provided by Wis. Stats. § 59.69.

(Ord. No. 2022-12, § 11.12, 10-11-2022)

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:

Accessory residential structure means any accessory structure that primarily accommodates the sheltered parking of a vehicle or the storage of residential maintenance equipment. The term "accessory residential structure" includes gazebos, swimming pools, greenhouses, and wind and solar energy systems for on-site residential use.

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.

Adaptive reuse of barns. To be utilized under this definition in this chapter, the barn must be existing and constructed prior to 1970.

Agricultural accessory structure means a building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use on the same farm, subject to normal setback requirements in the associated zoning district. These include, but are not limited to:

(1)

A facility used to store or process raw agricultural commodities, all of which are produced on the farm.

(2)

A facility used to keep livestock on the farm, subject to other quantitative thresholds within this chapter, which may require a conditional use permit if such thresholds are exceeded.

(3)

A facility used to store or process inputs primarily for agricultural uses on the farm.

(4)

A wind turbine or solar energy facility that collects wind or solar energy on the farm and uses or transforms it to provide energy primarily for use on the farm.

(5)

A manure digester, bio-fuel facility, or other facility that produces energy from materials grown or produced on the farm, primarily for use on the farm.

(6)

An animal waste storage facility, subject to the county animal waste management ordinance set forth in chapter 6, article IV.

(7)

Up to three semi-trailers or truck boxes used for the storage of agricultural equipment, supplies, or products on A-1 zoned property of 35 or more contiguous acres in the same ownership (for the purposes of this provision, a road shall not be considered a divider of contiguity). Normal setbacks and permits shall be required for trailers and truck boxes used for storage of agricultural equipment.

Agricultural preservation and land use plan means the agricultural preservation and land use plan for county prepared as the county's state-certified farmland preservation plan under Wis. Stats. ch. 91 and as a component of the county comprehensive plan, which is intended to guide county farmland preservation and land use decision making and may be amended from time to time.

Agricultural tourism activity.

(1)

The term "agricultural tourism activity" means an agriculturally related educational or recreational activity that:

a.

Takes place on a farm, ranch, grove, or place where farm animals or farmed fish are raised, or where agricultural, horticultural, or silvicultural crops are grown, or there is direct marketing of such crops incorporated into finished products and made available to the public; and

b.

Allows members of the general public to purchase, tour, explore, observe, learn about, participate in, or be entertained by an aspect of agricultural production, harvesting, or husbandry that occurs on the farm, ranch, grove, or place.

(2)

Agricultural tourism is intended to support local agricultural economic development efforts in rural areas of county and promote the diversification of farm-related activities by offering members of the public the opportunity to experience the county's agricultural production at locations including local working farms and establishments which sell products from local working farms.

(3)

The term "agricultural tourism activity" does not include those uses or activities defined as agricultural uses or agricultural-related uses. In addition, it does not include agricultural or crop demonstrations performed on a farm.

Agricultural use means any of the following activities conducted for the purpose of producing an income or livelihood: crop or forage production; keeping livestock (e.g., bovine animals, equine animals, goats, bison, elk, poultry, sheep, swine, farm raised deer, farm raised game birds, camelids, ratites); beekeeping; nursery, sod, or Christmas tree production; floriculture; forest management; enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land and conservation payment program. The term "agricultural use" does not include any uses of land otherwise defined as an "agriculture-related use."

Agriculture-related use means an agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes, except for facilities intended to convert agricultural products to energy as a principal use and primarily serving entities outside the premises; agricultural chemical dealers and/or storage facilities; commercial dairies; commercial food processing facilities; canning and other food packaging facilities; sawmills; de-barking operations; and chipping facilities.

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

Animal unit means the equivalent of one cow, four hogs, ten sheep, ten goats, 100 rabbits or poultry, one horse, pony or mule. This is not applicable for Wis. Admin. Code ch. ATCP 51 livestock siting rules. See Wis. Admin. Code ch. ATCP 51 for applicable definition relating to livestock facilities.

Animal waste storage facility means a manure storage impoundment made by construction embankments, excavating a pit or dugout, or fabricating a structure, including stationary equipment and piping used to load or unload a manure storage facility if the equipment is specifically designed for that purpose and is an integral part of the facility, but not including equipment used to apply manure to land.

Area variance means a modification to a dimensional, physical, locational requirement such as the setback, frontage, height, bulk, or density restriction for a structure that is granted by the board of adjustment.

Basement means that portion of any structure located partly below the average adjoining lot grade.

Bed and breakfast establishment means an indoor lodging facility as defined in Wis. Admin. Code ch. ATCP 73 and different from a tourist roominghouse or other lodging facility. Within the A-1 district, the term "bed and breakfast establishment" shall also be subject to the following limitations:

(1)

Be conducted by the owner or operator of the farm.

(2)

Require no buildings, structures, or improvements other than a farm residence, an agricultural accessory structure, or both.

(3)

Not impair the current or future agricultural use of the farm or of other farmland within a certified farmland preservation zoning district, legally protected from nonagricultural development, or both.

Building. See Structure.

Building area means the total living area bounded by the exterior walls of a building at the floor levels, but not including basement, 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.

Campground means a privately or municipally owned parcel or tract of land, maintained, intended, or used for the purpose of supplying temporary or overnight living accommodations to the public by providing designated areas for the placement of trailers, tents, buses, automobiles, or sleeping bags, and may include structures to provide services to the patrons, such as rest rooms, bathing and laundry facilities. Accessory structures associated with the camping use within designated and approved campsites are limited to one detached deck and one storage shed per site. Decks shall not exceed 400 square feet and shall have no walls and roofs. Storage sheds shall not exceed 100 square feet in size. Floodplain and shoreland overlay districts may provide additional restrictions impacting placement of accessory structures.

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 non-divided road or highway.

Channel means a natural or artificial watercourse of perceptible extent, with definite bed or banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.

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.

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.

Community living arrangements and similar facilities means facilities which include, but are not limited to, group homes, community living arrangements, adult family homes, foster homes, and residential care apartment complexes.

Comprehensive plan means the comprehensive plan of the county, as defined and adopted under state law and from time to time amended, which is intended to guide the physical development of the county over a 20-year planning period.

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

Contiguous lands means all lands not divided by a public road, river or lake that adjoin by more than a common point. For the purpose of this definition, a river is only the following: Ashippun, Bark, Crawfish, Oconomowoc, Rock, Scuppernong and Whitewater Rivers.

Department means the state department of natural resources.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

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

Dwelling means a detached building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, or trailers.

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

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 these 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.

Environmental corridors means environmentally sensitive areas located throughout the county where additional land preservation policies and development standards are applied. Mapped environmental corridors include all land that meets one or more of the following conditions: public-owned park, recreation, and conservancy lands, water bodies and wetlands mapped as part of the DNR wetland inventory, 100-year floodplains based upon FEMA maps or contiguous woodlands over ten acres in size. In addition to the mapped criteria listed above, any land with a slope in excess of 20 percent should be considered as an environmental corridor and subject to environmental corridor land use policies.

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, is dependent upon factors such as the relative orientation of the channel with respect to the floodway, the natural and man-made 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.

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, non-electrical 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.

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

Family means any number of persons related by blood, adoption, or marriage, or not to exceed three persons not so related, living together in one dwelling as a single housekeeping entity.

Family day care home, for four to eight children, means any accessory use within an occupied dwelling in which a qualified persons provide child care for four to eight children. The care of less than four children is not subject to the regulations of this chapter. Family day care homes are also regulated under Wis. Stats. § 66.1017(1)(a).

Farm means a parcel of land or parcels of land under common ownership that is primarily devoted to agricultural use. The term "farm" is also referred to as a "farm operation."

Farm residence means a single-family residence located on a farm that meets one of the following criteria:

(1)

Is the only residence on the farm; or

(2)

Is occupied by an owner or operator of the farm; or

(3)

Is occupied by an individual who earns more than 60 percent of his or her gross income from the farm.

Feedlot means any livestock feeding or housing area or structure in which the concentration of animals is such that a vegetative cover is not maintained during the summer. This is not applicable for Wis. Admin. Code ch. ATCP 51 livestock siting rules. See Wis. Admin. Code ch. ATCP 51 for applicable definition relating to livestock facilities.

First Amendment protected adult-oriented establishment. See article III, division 3 of this chapter.

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

Flood, regional, means a flood determined by the DNR which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on a particular stream. The regional flood generally has an average frequency in the order of the 100-year recurrence interval flood, determined from an analysis of floods on a particular stream and other streams in the same general region.

Flood profile means a graph or a longitudinal profile showing the relationship of the water surface elevation of a flood event to location along a stream or river.

Flood stage means the elevation of a flood as referred to some datum. For other purposes, it is commonly used to refer to the elevation at which a stream will overtop its banks at normal stage.

Floodproofing means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or eliminating of flood damages to properties, water and sanitary facilities, structures, and contents of buildings of a flood hazard area. This includes sealing, anchoring, elevating, and filling.

Floodplain means the land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe as those terms are defined in Wis. Admin. Code ch. NR 116.

Floodway means the channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream, including, but not limited to, flood flows associated with the regional flood.

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

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

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. § 169.18 and also including any other fur-bearing animals, whether the animals are kept for breeding or slaughtering or pelting purposes.

Game farm means a facility where wild animals, birds, or fish are raised and/or hunted for food or sport; and may include shooting range, retail area, maintenance and repair services related to hunting and fishing.

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.

Garage, residential, means a structure or carport for storage of automobiles, household vehicles, trucks of three-fourths ton capacity and under, household equipment and material. Maximum square footage: 1,000 square feet. Maximum height: 18 feet. Larger garages, sheds, parking of larger vehicles are treated under extensive on-site parking or storage.

Highway, collector, means a highway which serves as a linkage between local highways and arterials. High collectors serve communities exceeding 200 population and significant recreational centers. Low collectors de-emphasize mobility and carry generally low traffic volumes.

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

Highway, minor arterial, means a highway which serves multi-purpose trips with moderate mobility and considerable land access. The term "minor arterial highway" is an intra-area traffic carrier; serves communities over 500 population and provides variable level of service with mixed operating conditions.

Highway, primary arterial, means a highway which serves long trips with high mobility. Such highway connects regions or important cities, serves communities over 5,000 population by 1990, is a continuous system in combination with principal arterials and provides high level of service with only slight variation.

Highway, principal arterial, means a highway which serves longest trips with highest mobility. Such highway connects states, regions, or metropolitan areas, serves cities over 50,000 population by 1990, is a continuous, interconnected system with uninterrupted maximum level of service.

Highway, standard arterial, means a highway which serves long trips with good mobility. The term "standard arterial highway" has intraregional and intercommunity connections; serves communities over 1,000 population. Such highway is generally a continuous system in combination with principal and primary arterials and provides good level of service under varying operating conditions.

Home occupations means any occupation for gain or support conducted by resident occupants of a premises. In zoning districts in which they are allowed, all home occupations shall meet the following requirements:

(1)

Shall be clearly incidental and secondary to a principal residential use of the property.

(2)

Only two such uses shall be permitted on any lot.

(3)

Shall not be designed or conducted in a manner that would cause the premises to differ from its residential or agricultural appearance, such as through the use of colors, materials, construction, lighting, or excessive signs or through the production of noise, vibration, light, odor, dust, smoke or other air pollution detectable outside the parcel by persons with normal sensitivities.

(4)

The display, storage, or parking of materials goods, supplies, or equipment outside is prohibited, except for those vehicles incidental to the principal use of the property.

(5)

One on-premises sign of not more than six square feet in area to advertise the home occupation is permitted.

(6)

Within the A-1 district, the home occupation shall also:

a.

Be conducted by the owner or operator of the farm.

b.

Require no buildings, structures, or improvements other than a farm residence, agricultural accessory structures or improvements, or some combination.

c.

Not impair the current or future agricultural use of the farm or of other farmland within a certified farmland preservation zoning district, legally protected from nonagricultural development, or both.

d.

Provide only stock-in-trade produced on the premises, such as a roadside stand for the sale of products grown or produced on the premises, or a commercial service delivered on or off the premises.

(7)

Where allowed as permitted accessory uses, each accessory home occupation shall meet the following additional standards:

a.

Shall be conducted completely within the dwelling.

b.

Shall occupy no more than 25 percent of the dwelling floor area.

c.

Shall employ no persons besides permanent residents of the premises in the R-1, R-2, C, and W districts and may additionally employ no more than one nonresident employee in all other zoning districts where allowed.

(8)

The business of selling stocks of merchandise, supplies, or products that are kept on the premises shall not be permitted, except for those produced by the home occupation and for small household or personal care products. The direct retail sale of products is not allowed, except for events designed to market small household or personal care products and for persons picking up an order they have placed in advance.

(9)

Where allowed by conditional use permit, each conditional home occupation shall meet the following additional standards (but not those standards exclusive to an accessory home occupation):

a.

Shall be conducted completely within the dwelling, completely within one or more accessory buildings, or both, except for farms regularly open for tours, demonstrations, hayrides, corn mazes, farm breakfasts, and other similar events.

b.

Shall occupy no more than a total of 2,500 square feet of accessory building floor area.

c.

Shall employ no more than four nonresident employees in addition to permanent residents of the premises.

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

Household pets means animals such as dogs and cats or other domesticated animals raised for the purpose of pleasure rather than utility or other commercial purpose.

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

Kennel means a premises within which one or more of the following activities is conducted:

(1)

Dogs, cats, or other household pets are maintained, boarded, bred, kept, or cared for in return for remuneration or for the purpose of sale.

(2)

Within any agricultural district, five or more dogs are kept as household pets, not counting pups below the age of five months, unless more are allowed by conditional use permit.

(3)

Within any other district, three or more dogs are kept as household pets, not counting pups below the age of five months, unless more are allowed by conditional use permit.

(4)

Within the A-1 district, the kennel shall be subject to the following standards:

a.

Be conducted by the owner or operator of the farm.

b.

Require no buildings, structures, or improvements other than a farm residence, an agricultural accessory structure, or both.

c.

Not impair the current or future agricultural use of the farm or of other farmland within a certified farmland preservation zoning district, legally protected from nonagricultural development, or both.

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 unit means 1,000 pounds of live animal weight for livestock animals not regulated by Wis. Admin. Code ch. ATCP 51 livestock siting rules either by number or type. This includes emus, ostriches, and confined wildlife species.

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 and egress to a public street or alley.

Local utilities means lines and facilities serving the immediate neighborhood, not pass-through lines or facilities.

Lot means a parcel of land having access to and 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, 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 excluding right-of-way.

Lot width means the width of a parcel of land. Parcels must maintain the required lot width for the distance of the required lot depth.

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.

Mobile home means any structure originally designed 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 human occupancy.

Mobile home park means an area or premises on which is located two or more mobile homes.

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

Navigable waters means 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 the state, including the state portion of boundary waters, which are navigable under the laws of the state. Under Wis. Stats. § 59.692, notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland regulations required under Wis. Stats. § 281.31(2m), notwithstanding any other provision of law or administrative rule, a shoreland zoning regulation required under Wis. Stats. § 59.692, a construction site erosion control and stormwater management zoning regulation authorized under Wis. Stats. § 59.693, 60.627, 61.354 or 62.234 or a wetland zoning regulation required under Wis. Stats. § 61.351 or 62.231 does 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 these lands were not navigable streams before ditching; and

(3)

Such lands are maintained in nonstructural agricultural use.

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.

Non-farm residence means any residence that is not a farm residence, as defined in this section.

Non-local utilities means pass through lines or facilities.

Non-prime agricultural lands means Class IV through VII soils as defined within the soil survey of the county and Class III soils that exhibit non-prime agricultural land capabilities comparable to Class IV through VII soils. Also, Class I, II and III soils and other unclassified lands where evidence demonstrates a long-term history of non-cultivation or the presence of physical feature (e.g., rock outcroppings, upland cover) that limit the potential for use of the land as productive agricultural land, as determined by the planning and zoning committee.

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 ch. SPS 383.

Ordinary high-water mark means the point on the bank or shore up to which the presence and 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 characteristics.

Parcel of record means all contiguous lands zoned A-1 or A-T under the same ownership and in the A-1 zoning district that existed on February 8, 2000. Lots created by recorded certified survey map approved by the planning and zoning department since December 13, 1977, are considered separate parcels of record. Parcels of record may contain one or more tax parcels as described by the property tax rolls.

Parent parcel means all contiguous lands zoned A-1 or A-T and under the same ownership that existed on December 13, 1977. A-1 or A-T zoned parcels created by variance before December 13, 1977, are not considered parent parcels. Parent parcels may contain one or more tax parcels as described by the property tax rolls.

Park, public, means an area owned by a governmental agency, operating 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.

Prime agricultural lands means Class I and II soils as defined within the soil survey of the county and Class III soils that exhibit prime agricultural land capabilities comparable to Class I and II soils as determined by the planning and zoning committee.

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, musician, or other recognized professional person used to conduct their 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.

Reach is a hydraulic engineering term 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 man-made 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.

Regional flood means a flood determined to be representative of large floods known to have generally occurred in the state and which may be expected to occur on a particular stream because of like physical characteristics, once in every 100 years.

Residential accessory uses and buildings:

(1)

The term "residential accessory uses and buildings" includes driveways, walks, gardens, patios, pools, storage buildings and enclosures, provided that total ground area covered by buildings in this category does not exceed 500 square feet. More extensive coverage falls under extensive parking or storage.

(2)

Keeping of chickens. Residential accessory uses and buildings allow up to five chickens (hens) to be kept on land with an existing single-family residence where the minimum following standards are met and in zoning districts where residential accessory uses are listed (note: raising/keeping of farm animals is defined separately and not included under this definition):

a.

Hens only; no roosters.

b.

Does not apply to any other fowl, peafowl, guinea hens or peacocks.

c.

Chickens must be kept in an enclosure at all times, and the enclosure and fencing shall meet all road setback requirements for the zoning district in which it is located, and shall be a minimum of 15 feet from any side or rear lot line. Setback shall be measured from fencing and structure.

d.

If over 100 square feet, the enclosure structure shall be required to obtain a zoning and land use permit.

e.

Maximum 200 square foot enclosure permitted.

f.

Enclosure includes fencing and covered structure. Covered structure is also required to be within the fenced enclosure.

g.

No slaughtering permitted.

h.

The fenced enclosure and covered structure shall be maintained and kept in a sanitary condition, so as not to create a nuisance.

Roadside stand means a structure having a ground area of not over 200 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 adjoining premises.

Salvageable material 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.

Service station means any building, structure, or premises used for the dispensing and sale of any motor fuel or 554 oils, having pumps and storage tanks, or where the repair of motor vehicles or sale of tires, batteries, and other parts takes place.

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 the zoning district created as a part of the shoreland zoning provisions, comprised of shorelands that are designated as wetlands on the wetland maps which have been adopted and made a part of this chapter.

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.

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 waste effluents or other common water pollutants.

Solid waste disposal operations; junk, salvage or wrecking yards means an activity where junk, waste, discarded or salvage materials, inoperable automobiles or machinery, or used parts for automobiles or machinery, are bought, sold, exchanged, stored, baled, packed, disassembled, processed, utilized, disposed or handled. This includes, but is not limited to, land disposal, incineration, reduction, shredding, compression, junking or salvage of any materials, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition. Storage of three or more unlicensed vehicles on the same premises shall be prima facie evidence of operation of a salvage yard. The term "solid waste disposal operations; junk, salvage or wrecking yards" does not include:

(1)

Lots less than one acre where the uses described above consist of not more than 100 square feet;

(2)

Lots one acre or greater, but less than two acres, where the uses described above consist of not more than 150 square feet;

(3)

Lots two acres or greater, but less than three acres, where the uses described above consist of not more than 200 square feet; and

(4)

Lots three acres or greater where the uses described above consist of not more than 250 square feet.

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

Stable, agricultural, means a stable housing less than ten riding animals. Within the A-1 district, the term "agricultural stable" shall also be subject to the following limitations:

(1)

Be conducted as an accessory use to the farm by the owner or operator of the farm.

(2)

Require no buildings, structures, or improvements other than an agricultural accessory structure.

(3)

Not impair the current or future agricultural use of the farm or of other farmland within a certified farmland preservation zoning district, legally protected from nonagricultural development, or both.

Stable, commercial, means a stable housing ten or more riding animals. Within the A-1 district, the term "commercial stable" shall be subject to the following limitations:

(1)

Be conducted as an accessory use to the farm by the owner or operator of the farm.

(2)

Require no buildings, structures, or improvements other than an agricultural accessory structure.

(3)

Not impair the current or future agricultural use of the farm or of other farmland within a certified farmland preservation zoning district, legally protected from nonagricultural development, or both.

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.

Structure means any erection or construction, having a roof, supported by columns, walls or the earth. A use for shelter, housing, enclosure of persons, animals, processes, equipment, machinery, goods, or materials is indicative of a structure, but not required to meet the definition of the term "structure." Decks, pools, foundations, solar panels, and arrays are structures.

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

Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and those reasonable persons would accept in support of a conclusion.

Tourist roominghouse means an indoor lodging facility as defined in Wis. Admin. Code ch. ATCP 72. The term "tourist roominghouse" is different from a bed and breakfast establishment and other lodging facilities.

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

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.

Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

Use variance means an authorization by the board of adjustment under this chapter for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulation.

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 transformer 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.

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 for the district in which such building or 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.

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 highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street, or railroad right-of-way lines by measurement from their intersection as specified in this chapter.

Waste storage, treatment or disposal, means a land use that includes sites or facilities where solid wastes or hazardous wastes are stored, treated or subject to disposal as defined in Wis. Stats. chs. 287 and 289; waste recycling facilities, commercial or governmental, which in the A-1 district must be "consistent with agricultural uses" as defined in Wis. Stats. § 91.01(10); and dumps or landfills as otherwise described in this chapter. New or expanded waste storage, treatment, or disposal uses shall not unreasonably burden private or public interests to the satisfaction of the county based on the following considerations:

(1)

Whether a waste facility or usage is an appropriate land use, considering land use plans, site factors, neighboring uses, and environmental considerations; and

(2)

Safety and security, in relation to dangers of fire, explosion, leakage, hazards through unauthorized entry onto the site, etc.; and

(3)

Pollution of land, air, water, noise, dust, vibration, blowing of refuse, smell, etc.; and

(4)

Damage or excess wear and tear to roads, bridges, etc.; and

(5)

Traffic hazards; and

(6)

Economic injuries, present or potential, through precluding reasonable uses of nearby lands; and reuse plans/potentials after the waste facility ceases operations.

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.

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

(Ord. No. 2022-12, § 11.02, 10-11-2022)

The Standard Industrial Classification Manual published by the U.S. Government Printing Office and the Standard Industrial Classification online database from the U.S. Department of Labor (https://www.osha.gov/data/sic-search) shall serve as a guide to interpreting use listings and classifications within this chapter.

(Ord. No. 2022-12, § 11.02, 10-11-2022)

(a)

Pursuant to Wis. Stats. § 66.1001, the county adopts the county comprehensive plan (with economic development emphasis) dated September 8, 2010, which may be referred to as the "county comprehensive plan."

(b)

In addition, pursuant to Wis. Stats. ch. 91 and Wis. Stats. § 66.1001, the county agricultural and land use plan and updated land use map, dated September 12, 2011, is adopted and incorporated into the county comprehensive plan.

(Ord. No. 2010-19, 12-14-2010; Ord. No. 2011-23, 2-14-2012)

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

(Ord. No. 2022-12, § 11.03(a), 10-11-2022)

(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 zoning administrator shall be a full-time county employee with the following powers and duties:

(1)

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

(2)

Receive applications for and issue building 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 this chapter and other matters pertaining to county zoning.

(4)

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

(5)

Enter upon premises or private property at reasonable times for the purpose of investigating complaints and enforcing the provisions of this chapter.

(c)

Compliance with the shoreland and floodplain provisions of this chapter shall not be grounds for the removal of lands from the floodplain district unless such lands are filled to a height of at least two feet above the elevation of the regional flood for the particular area and are contiguous to other lands lying outside the floodplain district and all other requirements of the floodplain regulations are met.

(Ord. No. 2022-12, § 11.03(b), 10-11-2022)

The zoning administrator shall request the applicant to submit a certification by a registered professional engineer that the finished fill and building floor elevations, floodproofing measures or other flood protection factors were accomplished in compliance with the provisions of this chapter.

(Ord. No. 2022-12, § 11.03(c), 10-11-2022)

When the location of the floodplain district boundary is established by experienced flood maps, the flood elevations or flood profiles for the point in question shall be the governing factor locating the district boundary on the land.

(Ord. No. 2022-12, § 11.03(d), 10-11-2022)

(a)

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

(1)

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

(2)

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

(3)

Certified survey map or plat of record, showing the parcel of land for which the permit is requested.

(4)

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.

(5)

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

(6)

Proposed sewage disposal plan if municipal sewage service is not available. This plan shall be designed by a licensed state master plumber or master plumber restricted to sewer and water.

(7)

Proposed water supply if municipal water service is not available.

(8)

Additional information as may be required by the zoning administrator.

(b)

A zoning permit shall be either granted or denied in writing by the zoning administrator within 30 days of the administrator receiving a complete application and determining that all necessary information has been provided and the applicable fee has been paid. The permit shall expire two years from the date of issuance unless substantial work has been completed as determined by the zoning administrator, with input from the affected town. 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 and completed prior to commencement of construction.

(d)

Permits shall be required to erect or move a building onto a parcel or to structurally alter, or move an existing building except as otherwise provided below:

(1)

For purposes of this section, the term "building" also includes towers for microwave and television purposes, or windmills.

(2)

Establishment of a use of property on a temporary or permanent basis, using such devices as tents, tarps, portable feeding, and sanitation facilities, falls within the definition of the term "building" and requires a permit.

(3)

Permits are not required for buildings in the following categories:

a.

Accessory farm buildings such as sheds having a floor area of 100 square feet or less.

b.

Accessory buildings on a parcel having a residential occupancy, such as storage sheds that have a floor area of 100 square feet or less.

(4)

Buildings that are exempt from permits must, nonetheless, comply fully with all zoning requirements.

(e)

A zoning and land use permit shall not be issued for any property upon which there are:

(1)

Unresolved violations of this chapter and county floodplain, land division and subdivision, or private on-site wastewater systems regulations.

(2)

Delinquent property taxes.

(Ord. No. 2022-12, § 11.03(e), 10-11-2022)

An applicant, upon filing his application, shall pay a fee to the zoning administrator in accordance with the fee schedule adopted by the county board of supervisors.

(Ord. No. 2022-12, § 11.13, 10-11-2022)

No land shall be used, or structure erected where the land is held unsuitable for such use or structure by the county planning and 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, 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.

(1)

All lots shall front on and have access to a public road for a minimum distance of at least 66 feet. Lots shall have an approved access point located within the 66-foot section.

a.

A natural resource zoned lot shall front on and have access to a public road for a minimum distance of at least 20 feet, or in the alternative have an approved access point located within the 20-foot section, or meet the following requirements.

(2)

A minimum of 20 feet access easement recorded with the county register of deeds.

(3)

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

(4)

Minimum lot size shall be determined in accordance with article III, division 2, subdivisions II through XIV of this chapter.

(Ord. No. 2022-12, § 11.03(f), 10-11-2022)

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

(Ord. No. 2022-12, § 11.03(g), 10-11-2022)

The following use restrictions and regulations shall apply:

(1)

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

(2)

Accessory uses and structures are permitted in any zoning district only when the principal structure is present or under construction, except essential services which may precede construction. Except where specifically prohibited, all machinery, equipment, temporary storage, vehicles, construction, and other related materials or activities used in the conduct of a permitted principal, accessory, or conditional use in the applicable zoning district are permitted. These include, but are not limited to, those vehicles, materials, and activities that may be employed in the day-to-day operation of a farm if farming is allowed in the associated zoning district.

(3)

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

(4)

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

(5)

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)

Uses not specifically permitted shall be prohibited.

(Ord. No. 2022-12, § 11.03(h), 10-11-2022)

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.

(Ord. No. 2022-12, § 11.03(i), 10-11-2022)

No structure shall hereafter be constructed, altered or located and no trees shall be allowed to grow to a height exceeding 35 feet in the area surrounding any FAA-approved airport, defined as a circle having its center point at the crossing of the runways and measured outward to a distance of one-half mile. Furthermore, no use may be made of land in any zone which creates electrical radio interference, makes it difficult to distinguish airport lights, or impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft.

(Ord. No. 2022-12, § 11.03(j), 10-11-2022)

It shall be unlawful for any person, firm, association, or corporation, including his or their contractors or agents, to construct, erect, move, alter, or use any structure, lands or water in violation of any of the provisions of this chapter. In case of any violation, the board of supervisors, the zoning administrator, the committee, or any property owner who would be affected by such violation may initiate appropriate action or proceeding to enjoin such violation.

(Ord. No. 2022-12, § 11.03(k), 10-11-2022)

Any person, firm, or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $25.00 nor more than $5,000.00 and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate offense. In addition to such forfeiture or imprisonment, action may be brought to enjoin, remove, or vacate any use, erection, moving or alteration of any building or use in violation of this chapter.

(Ord. No. 2022-12, § 11.03(l), 10-11-2022)

The zoning administrator, with approval from the planning and zoning committee, may issue a special permit to relax the standards of this chapter in order to provide reasonable accommodations as required by the provisions of federal and/or state law. Such relaxation shall be the minimum necessary to be consistent with federal guidelines for accommodation of persons with disabilities and shall, where practical, be terminated when the property is no longer used by the disabled person. A person applying for a permit 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 property. An affidavit for the reasonable accommodation shall be filed with the register of deeds.

(Ord. No. 2022-12, § 11.03(m), 10-11-2022)

Water service to an accessory structure and bathrooms within an accessory structure may be permitted. A zoning and land use permit and sanitary permit is required. The structure shall be connected to an approved private on-site wastewater treatment system in accordance with the private on-site wastewater treatment system regulations and all applicable county ordinances and state laws, including, but not limited to, Wis. Admin. Code ch. SPS 383. An affidavit shall be recorded with the register of deeds.

(Ord. No. 2022-12, § 11.03(n), 10-11-2022)