Introduction
This ordinance is adopted pursuant to the authority granted by the Wisconsin Statutes but not limited to Sections 59.07, 59.69, 59.692, 59.694, 87.30, 91.30, 92.10, and 281.31 of the Wisconsin Statutes. Any mandatory amendments or repeals or recreations to state statues pertaining to the subject matter of this ordinance are incorporated in this ordinance as of the effective date of the amendment, repeal or recreation. The Board of Supervisors of the County of Kenosha, Wisconsin do ordain as follows: [Code § 12.01-1.]
(a) It is the finding of the Kenosha County Board of Supervisors that the regulation of land uses within Kenosha County serves to promote the general welfare of its citizens, the quality of the environment, and the conservation of its resources.
(b) The purpose of this ordinance is to regulate and encourage the use of land, waters and structures in Kenosha County in a planned and orderly manner so as to promote the public health, safety, morals, prosperity, aesthetics, comfort, convenience and general welfare of the citizens of Kenosha County.
(c) It is recognized by the Kenosha County Board of Supervisors that a Shoreland and Floodplain Zoning Ordinance enacted pursuant to Wisconsin Statutes, section 59.69 may be enacted separately from a general comprehensive zoning ordinance enacted pursuant to Wisconsin Statutes, section 59.69 for the reason that compliance by townships with a validly enacted shoreland/floodplain zoning ordinance is mandatory while town compliance with a general comprehensive zoning ordinance is voluntary. Nevertheless, it is the finding of the Kenosha County Board of Supervisors that there are certain advantages to combining the provisions and maps of both ordinances so as to afford the general public a clear and concise presentation and understanding of all zoning regulations which may pertain to a particular parcel of land. Therefore, while this general comprehensive zoning ordinance enacted pursuant to section 59.69 of the Wisconsin Statutes shall be applicable in all towns so adopting it, it shall also serve as a shoreland/floodplain zoning ordinance in all townships irrespective of town approval as mandated by section 59.971 of the Wisconsin Statutes and so as to effect the purposes of section 59.971 and section 144.26 of the Wisconsin Statutes. [Code § 12.01-2.]
(a) By the enactment of this ordinance, it is the intent and objective of the Kenosha County Board of Supervisors pursuant to the authority cited in section 12.01.010 of this ordinance those areas falling within the jurisdiction of this ordinance to accomplish the following within:
1. Regulate the use of all lands, buildings, structures and waters in the unincorporated areas of Kenosha County so as to determine, establish, regulate and restrict:
a. The areas within which agriculture, forestry, industry, trades, business and recreation may be conducted;
b. The areas in which residential uses may be regulated or prohibited;
c. The areas in and along or in or along natural water courses, channels, streams and creeks in which trades or industries, filling or dumping, erection of structures and location of buildings may be prohibited or restricted.
2. Designate certain areas, uses or purposes which may be subjected to special regulation.
3. Determine, establish, regulate and restrict the location, set back, side yard, height, bulk, number of stories and size of buildings and other structures.
4. Determine, establish, regulate and restrict the location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered.
5. Determine, establish, regulate and restrict trailer camps or tourist camps and motels or both and mobile home parks.
6. Regulate population density and distribution
7. Determine, establish, regulate and restrict the percentage of any parcel which may be occupied, size of yards, courts and other open spaces.
8. Provide healthy surroundings for family life.
9. Provide areas for peace and quiet, open space and privacy.
10. Determine, establish, regulate and restrict the location of roads and schools.
11. Insure adequate highway, utility, health, educational, recreational and other public facilities.
12. Lessen congestion in and promote the safety and efficiency of streets and highways; regulate parking, loading and access for safety and efficiency purposes.
13. Secure safety from fire, explosions, flooding, panic and other dangers.
14. Provide adequate light, air, sanitation and drainage.
15. Establish performance standards so as to guard against air and water pollution, unnecessary contamination, noises, vibrations and odors, and also glare, heat, fire, flooding, radiation, and other hazards and nuisances.
16. Promote the efficient and economical use of public funds.
17. Protect property values and the property tax base.
18. Recognize the needs of agriculture, forestry, industry, business and recreation and future growth.
19. Further the appropriate use of land and encourage uses of land and other natural resources which are in accordance with their character and adaptability.
20. Prevent and control soil erosion, sedimentation and water pollution of the surface and subsurface waters.
21. Further the maintenance of safe and healthful water conditions.
22. Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.
23. Preserve shore growth and cover and promote the natural beauty of the shoreland and floodplain areas.
24. Protect fish and animal life including the spawning, resting, nesting, nursing and feeding areas.
25. Implement those municipal, county, watershed, and regional comprehensive plans or components of such plans applicable to and adopted by Kenosha County.
26. Obtain the wise use, conservation, development and protection of the County’s water, soil, wetlands, woodlands, wildlife and other natural resources and attain a balance between land uses and the ability of the natural resource space to support and sustain such uses.
27. Preserve natural growth and cover; promote, stabilize and protect the natural beauty and amenities of landscape and man-made developments within the County and encourage the future aesthetic development of the County.
28. Preserve historical sites.
29. Preserve neighborhoods, eliminate blight and protect life, health and property.
30. Minimize expenditures of public funds for flood control projects.
31. Minimize rescue and relief efforts undertaken at the expense of the taxpayers.
32. Minimize business interruptions and other economic disruptions.
33. Minimize damage to public facilities in the floodplain.
34. Minimize the occurrence of future flood blight areas in the floodplain.
35. Discourage the victimization of unwary land and homebuyers.
36. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
37. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(b) To accomplish the above objectives, it is the further intent of the Kenosha County Board of Supervisors in enacting this ordinance to hereby:
1. Establish the Kenosha County Office Department of Planning and Development.
2. Create, as part of this ordinance, all of the necessary districts, maps, and staffing deemed necessary for achieving all of the objectives of this Ordinance.
3. Delineate as clearly as possible those circumstances which when present will qualify as exceptions, to this ordinance as well as those circumstances in which changes and amendments may be made to the Ordinance or variances granted.
4. Delineate, without limitation due to enumeration, those aspects of zoning which are to be prohibited, such as use variances.
5. Follow all due process requirements and procedures so as to safeguard the rights of individual landowners.
6. Provide for the strict enforcement of this ordinance.
7. Establish a proper system for reviewing and appealing the actions of the of Kenosha County Department of Planning and Development
8. This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR.
9. Make available and distribute all maps, engineering data, and regulations in accordance with the provisions of section NR 116.20(5) of the Wisconsin Administrative Code [Code § 12.01-3.]
This ordinance shall be known as, referred to, and cited as the “KENOSHA COUNTY, WISCONSIN GENERAL ZONING-AND SHORELAND/FLOODPLAIN ZONING ORDINANCE” and hereinafter referred to as the “Ordinance". [Code § 12.01-4.]
Within those areas defined in this ordinance as shorelands and floodplains, this ordinance shall be effective after a public hearing, recommendation by the Planning, Development & Extension Education Committee, adoption by the County board of supervisors and publication or posting as provided by law. For purposes of this section, this ordinance in its entirety shall consist of both the text and maps of the various districts in the unincorporated areas of Kenosha County falling within the shorelands/floodplains areas. (11/5/84) [Code § 12.02-1.]
(a) This ordinance shall be effective after a public hearing; recommendation by the County Planning, Development & Extension Education Committee and adoption by the County board of supervisors; publication or posting as provided by law; and with respect to an individual town, approval by the town board of supervisors. The zoning ordinance of Kenosha County 1959, as adopted and amended, shall remain in effect in each individual town until this ordinance is approved by the town board of supervisors, or for a period of one year from the date of adoption of this ordinance by the County board of supervisors in its entirety, whichever comes first. (11/5/84)
(b) If the town board of supervisors does not approve this ordinance by the end of the one-year period aforementioned, neither this ordinance nor the zoning ordinance of 1959 as amended shall be in effect in that town except as provided in section 12.02.010 of this ordinance. The aforementioned period of one year shall not begin to run until such time as this ordinance is presented to the town boards in its entirety. For purposes of this section, this ordinance in its entirety shall consist of both the text and maps of the various districts in the unincorporated areas of Kenosha County. [Code § 12.02-2.]
(a) The provisions of this ordinance shall apply to all structures, land, water and air within the unincorporated areas of townships located within Kenosha County, Wisconsin, where this ordinance has been approved by the township pursuant to section 12.02.020 of this ordinance.
(b) Where this ordinance has not been approved by a particular township pursuant to section 12.02.020 of this ordinance, the provisions of this ordinance shall nevertheless apply to all structures, lands, water and air within the shoreland jurisdiction of Kenosha County. The shoreland includes all unincorporated areas within the following distances from the ordinary high water mark of all navigable waters: 1000 feet from a lake, pond or flowage; 300 feet from a river or stream; or to the landward side of the floodplain, whichever distance is greater. If the navigable water is a glacial pothole lake, the distance shall be measured from the high water mark thereof. (11/5/86)
(c) Unless specifically exempted by law, all cities, villages, town governments, and Kenosha County are required to comply with this Ordinance and obtain all necessary permits in those areas described in subsections (a) and (b) above. State agencies are required to comply with Section 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Section 30.12(4)(a) of the Wisconsin Statutes applies. (11/5/86)
(d) The provisions of this ordinance apply to regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, counties and, when s. 13.48 (13), Stats, applies, state agencies are required to comply with, and obtain all necessary permits under, local shoreland ordinances. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the Wisconsin Department of Transportation is not subject to local shoreland zoning ordinances if s. 30.2022 (1), Stats, applies. (NR 115.02) Shoreland zoning requirements in annexed or incorporated areas are provided in s. 61.353 and s. 62.233, Stats. [Code § 12.02-3.]
Except as provided in section 12.02.020, the Zoning Ordinance of Kenosha County of 1959 as adopted and amended and the Shoreland/Floodplain Zoning Ordinance of Kenosha County of 1971 as amended are hereby repealed and superseded by this ordinance. It is not the intent of this ordinance, however, to repeal any provisions in the Kenosha County Sanitary Code and Private Sewage System Ordinance (Chapter 15, Municipal Code of Kenosha County) as created, amended or repealed and recreated or the Subdivision Control Ordinance (Chapter 14, Municipal Code of Kenosha County) as created, amended or repealed and recreated. In case of conflicts between this ordinance and any of the provisions of the above ordinances or other adopted county ordinances, those provisions providing for greater restrictions shall prevail. [Code § 12.02-4.]
The provisions of this ordinance shall not apply to any construction project for which a valid zoning permit has been issued prior to the enactment of this ordinance, with the provision, however, that construction, has substantially commenced as defined in this ordinance, within six months after the issuance of the permit and with the further provision, however, that in the case of permits granted in the Shoreland-Floodplain District that substantial construction is completed, as defined in this ordinance, within 15 months after the issuance of the permit. [Code § 12.02-5.]
It is not intended by this ordinance to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules or permits previously adopted or issued pursuant to law except as provided for in section 12.02.050 of this Ordinance. Nor is it the intent of this ordinance to abrogate, impair or interfere with the legal rights of individuals as they may be guaranteed by the state and federal constitutions, statutes, and administrative rules. Claims for such interference may be addressed through the administrative appeals procedure provided for in section 12.55 of this ordinance.
The provisions of this ordinance supersede any provisions in a county zoning ordinance that solely relate to shorelands. In other words, if a zoning standard only applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this ordinance supersedes those provisions. However, where an ordinance adopted under a statute other than s. 59.692, Stats, does not solely relate to shorelands and is more restrictive than this ordinance, for example a floodplain ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions.
(a) This ordinance shall not require approval or be subject to disapproval by any town or town board.
(b) If an existing town ordinance relating to shorelands is more restrictive than this ordinance or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions but not otherwise.
(c) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
(d) The following provisions of the Kenosha County Zoning Ordinance are hereby incorporated by reference. These provisions shall only apply to the shoreland area where they impose greater restrictions than this ordinance otherwise imposes.
(e) This ordinance may establish standards to regulate matters that are not regulated in NR 115, but that further the purposes of shoreland zoning as described in section 12.01.030 of this ordinance, [Code § 12.02-6.]
In the interpretation and application of this Ordinance, the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in favor of the County and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes, as may be amended from time to time, or now possessed by Kenosha County. If a provision of this ordinance, is required by statute and a standard in Ch. NR115 or NR 116, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the statute and Ch. NR 115 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance [Code § 12.02-7.]
(a) If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
(b) If any application of this ordinance to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment.
(c) The County does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation or that those soils listed as being unsuited for specific uses are the only unsuitable soils, and hereby asserts that there is no liability on the part of the Board of Supervisors, its agencies or employees for any flood damage, sanitation problems, structural or other damages that may occur as a result of reliance upon and conformance with this ordinance. [Code § 12.02-8.]
Pursuant to Wisconsin Statutes section 59.69(14), a land owner, occupant or other person affected by this ordinance or amendment thereto who claims that this ordinance or amendment is invalid because procedures prescribed by the statutes or the ordinance were not followed shall be forever barred unless the court action is commenced within 6 months after adoption. Provided, this subsection shall not apply unless there has been at least one publication of a notice of a zoning hearing in a local newspaper of general circulation and unless a public hearing has been had on the ordinance or amendment at the time and place specified in such notice. [Code § 12.02-9.]
The Zoning Maps were adopted and approved with the text as part of this ordinance and boar upon its face the attestation of the County Board Chairman, County Clerk and the Director of Planning and Development for Kenosha County, Wisconsin and are available to the public for inspection in the Kenosha County Department of Planning and Development. These maps were entitled “Kenosha County Zoning Maps” numbered, “Kenosha County - 1” through “Kenosha County - 8”. Kenosha County zoning maps in digital format developed with geographic information systems software first incorporated into the zoning ordinance on April 28, 2002 and updated from time to time replaced the hard copy zoning maps and shall be maintained in the Kenosha County Department of Planning and Development. Copies of the zoning maps in digital format shall be made available to the public for inspection, at cost, by the Kenosha County Department of Planning and Development. [Code § 12.02-10.]
(a) TOPOGRAPHIC AND ORTHOPHOTOGRAPHIC
Kenosha County Department of Planning and Development makes use of topographic and orthophotographic maps in digital format which are updated from time to time and are maintained in the Kenosha County Department of Planning and Development.
(b) WETLANDS
Kenosha County Department of Planning and Development makes use of the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer and or other maps that reflect the best data available.
(c) ENVIRONMENTAL CORRIDORS
Kenosha County Department of Planning and Development makes use of primary and secondary environmental corridor maps and isolated natural resource maps as defined by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) or other maps that reflect the best data available. [Code § 12.02-11.]
(a) Amendments to the Zoning Maps shall become effective upon adoption by the Kenosha County Board of Supervisors, notification of the Town Clerk of all Towns affected by the amendment, the filing of proof of publication thereof in the Kenosha County Department of Planning and Development, and the expiration of any time limit imposed by section 59.69 of the Wisconsin Statutes within which Townships may veto the action and amendment of the County Board. It shall be the duty of the Kenosha County Department of Planning and Development to enter all zoning map amendments and the date of the latest amendment upon the certified copy of the Zoning Map and secure any required certifications or attestations.
(b) Amendments to the FPO Floodplain Overlay District shall not become effective until approved by the Wisconsin Department of Natural Resources, (DNR) and FEMA through the Letter of Map Change process in accordance with 12.60.010 Amendments. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process in accordance with 12.60.010 Amendments before it is effective. No changes to RFE’s on nonfema maps shall be effective until approved by the DNR. These maps and revisions are on file in the Kenosha County Department of Planning and Development. If more than one map or revision is referenced, the most restrictive information shall apply. [Code § 12.02-12.]
(a) Boundaries of the districts set forth in sections 12.31 to 12.37 are hereby established as shown on the digital zoning maps as described in section 12.02.100 of the Municipal Code of Kenosha County. No change in a zoning boundary shall be made except after petition, review and approval pursuant to the requirements of section 12.58 of the Municipal Code of Kenosha County.
(b) Boundaries of the basic zoning districts shall be construed to follow corporate limits; U.S. Public Land Survey section lines; lot or property lines; centerlines of streets, highways, alleys, easements, navigable bodies of water, and railroad rights-of-way, or such lines extended. Lines which appear to be parallel to any of the aforementioned boundaries of specified distance shall be construed to be parallel as noted. Where the above rules cannot be readily applied, the location of district boundary lines shall be determined by use of the scale shown on the official zoning map.
(c) Boundaries of the floodplain overlay districts as referenced in the following official floodplain maps and studies.
1. All areas covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM), as approved by DNR and FEMA. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) volume numbers 55059CV001B and 55059CV002B, effective March 7, 2017, and are shown as AE, A, AH, and AO Zones on the FIRM. These official floodplain maps and studies are on file in the office of the Kenosha County Department of Planning and Development. If more than one map or revision is referenced, the most restrictive information shall apply. Kenosha County (unincorporated areas) Flood Insurance Rate Map Panel Numbers include:
KENOSHA COUNTY, WISCONSIN - FIS Community Number 550523
FLOOD INSURANCE RATE MAP PANELS
55059C0017D, 55059C0036D, 55059C0061D, 55059C0063D, 55059C0139D, 55059C0251D, 55059C0252D, 55059C0016D, 55059C0018D, 55059C0019D, 55059C0038D, 55059C0041D, 55059C0042D, 55059C0043D, 55059C0044D, 55059C0062D, 55059C0064D, 55059C0110D, 55059C0116D, 55059C0117D, 55059C0118D, 55059C0119D, 55059C0126D, 55059C0127D, 55059C0128D, 55059C0129D, 55059C0131D, 55059C0132D, 55059C0133D, 55059C0134D, 55059C0136D, 55059C0137D, 55059C0138D, 55059C0151D, 55059C0154D, 55059C0156D, 55059C0157D, 55059C0158D, 55059C0159D, 55059C0176D, 55059C0177D, 55059C0178D, 55059C0179D, 55059C0231D, 55059C0232D, dated June 19, 2012; and 55059C0184E dated March 7, 2017.
2. Floodplain maps derived from other studies and approved by the DNR.
a. The 100-year dam failure floodplain map is determined through the use of dam failure analysis and profiles developed by Mead & Hunt Inc. as documented in their report entitled Evaluation of Hazard Potential Meyer Material Company KD Pit Embankment, January 2001. The report and study is on file in the office of the Kenosha County Department of Planning and Development.
b. Bong Recreation Area 8 Dam Failure analysis approved by the Department of Natural Resources on January 7, 2020, including:
1) Map dated January, 2013, and titled “Simplified Dam Failure Analysis for Bong Recreational Area Dam No. 8.”
2) Floodway data table dated, no date, and titled “Table 6.1 – Water Surface Comparison.” 100-year Flood Dam Failure Peak WSEL column indicates the water surface elevations during dam failure.
3) Flood profiles dated, no date, and titled “Bong Recreational Area Dam No. 8 – Simplified Dam Failure Analysis.”
c. Official Letters of Map Change (LOMC).
(d) Floodplain Zoning is shown on the digital zoning maps as described in Section 12.02.100 of the Municipal Code of Kenosha County and as described as follows:
1. The FPO Floodplain Overlay District is those areas that may be covered by floodwater during the regional flood including the floodway and are contained within AE and A Zones as shown on the FIRM.
(e) Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsection (e)(1) or (e)(2). If a significant difference exists, the map shall be amended according to section 12.60.040 of the Municipal Code of Kenosha County, floodplain amendments. The planning and development administrator can rely on a boundary derived from a profile elevation to grant or deny a zoning permit, whether or not a map amendment is required. The planning and development administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the planning and development administrator and an applicant over the district boundary line shall be settled according to section 12.56.050(a)(3) of the Municipal Code of Kenosha County and the criteria in subsections (e)(1) and (e)(2). Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to section 12.60.040 of the Municipal Code of Kenosha County, floodplain amendments.
1. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
2. Where flood profiles do not exist for projects, the location of the boundary shall be determined by the digital zoning maps as described in section 12.02.100 of the Municipal Code of Kenosha County.
(f) Boundaries of the C-1 Lowland Resource Conservancy District, that includes shoreland-wetlands, are shown on the maps referred to in subsection (a) and boundary locations were determined by the criteria set forth in section 12.36.010(b) of the Municipal Code of Kenosha County. [Ord. 16 (2022) (Exh. A); Code § 12.02-13.]
(a) Pursuant to Wisconsin Statute 59.69(7), whenever any area which has been subject to the Kenosha County Zoning ordinance petitions to become part of a village or city, the regulations imposed by this ordinance shall continue in effect, without change, and shall be enforced by such village or city until such regulations have been changed by official action of the governing body of such village or city, except that in the event an ordinance of annexation is contested in the courts, the County Zoning Ordinance shall prevail and the County shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action.
(b) Reserved for future use.
(c) When any lands previously under the jurisdiction of this ordinance have been finally removed from the jurisdiction of this ordinance by reason of annexation to an incorporated municipality, and after the regulations imposed by this ordinance have ceased to be effective as provided in subsection (a), the County Board may pursuant to Wisconsin Statute section 59.69(5)(e)7, on the recommendation of the Department of Planning and Development adopt such amendatory ordinances as shall remove or delete such annexed lands from the official zoning map or written descriptions without following any of the procedures provided for amendment or change to the ordinance as noted in Wisconsin Statute 59.69(5)(e)1 through 6, and such amendatory ordinances shall become effective upon passage and publication. A copy of such ordinance shall be forwarded by the County Clerk to the Clerk of each town in which the lands affected were previously located. Nothing in this section shall be construed to nullify or supersede those provisions set forth in Wisconsin Statute section 80.64. [Code § 12.02-14.]
For the purpose of this ordinance, the definitions listed in Appendix “A” shall be used unless otherwise specified. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word “shall” is mandatory and not directory. Words not defined in Appendix “A” shall be construed according to any applicable definition set forth in either the State Statutes, Administrative Code or County Ordinance or in lieu thereof, shall be construed according to accepted land use, scientific, or architectural definition or in lieu thereof, according to their customary dictionary definition. [Code § 12.02-15.]
Introduction
This ordinance is adopted pursuant to the authority granted by the Wisconsin Statutes but not limited to Sections 59.07, 59.69, 59.692, 59.694, 87.30, 91.30, 92.10, and 281.31 of the Wisconsin Statutes. Any mandatory amendments or repeals or recreations to state statues pertaining to the subject matter of this ordinance are incorporated in this ordinance as of the effective date of the amendment, repeal or recreation. The Board of Supervisors of the County of Kenosha, Wisconsin do ordain as follows: [Code § 12.01-1.]
(a) It is the finding of the Kenosha County Board of Supervisors that the regulation of land uses within Kenosha County serves to promote the general welfare of its citizens, the quality of the environment, and the conservation of its resources.
(b) The purpose of this ordinance is to regulate and encourage the use of land, waters and structures in Kenosha County in a planned and orderly manner so as to promote the public health, safety, morals, prosperity, aesthetics, comfort, convenience and general welfare of the citizens of Kenosha County.
(c) It is recognized by the Kenosha County Board of Supervisors that a Shoreland and Floodplain Zoning Ordinance enacted pursuant to Wisconsin Statutes, section 59.69 may be enacted separately from a general comprehensive zoning ordinance enacted pursuant to Wisconsin Statutes, section 59.69 for the reason that compliance by townships with a validly enacted shoreland/floodplain zoning ordinance is mandatory while town compliance with a general comprehensive zoning ordinance is voluntary. Nevertheless, it is the finding of the Kenosha County Board of Supervisors that there are certain advantages to combining the provisions and maps of both ordinances so as to afford the general public a clear and concise presentation and understanding of all zoning regulations which may pertain to a particular parcel of land. Therefore, while this general comprehensive zoning ordinance enacted pursuant to section 59.69 of the Wisconsin Statutes shall be applicable in all towns so adopting it, it shall also serve as a shoreland/floodplain zoning ordinance in all townships irrespective of town approval as mandated by section 59.971 of the Wisconsin Statutes and so as to effect the purposes of section 59.971 and section 144.26 of the Wisconsin Statutes. [Code § 12.01-2.]
(a) By the enactment of this ordinance, it is the intent and objective of the Kenosha County Board of Supervisors pursuant to the authority cited in section 12.01.010 of this ordinance those areas falling within the jurisdiction of this ordinance to accomplish the following within:
1. Regulate the use of all lands, buildings, structures and waters in the unincorporated areas of Kenosha County so as to determine, establish, regulate and restrict:
a. The areas within which agriculture, forestry, industry, trades, business and recreation may be conducted;
b. The areas in which residential uses may be regulated or prohibited;
c. The areas in and along or in or along natural water courses, channels, streams and creeks in which trades or industries, filling or dumping, erection of structures and location of buildings may be prohibited or restricted.
2. Designate certain areas, uses or purposes which may be subjected to special regulation.
3. Determine, establish, regulate and restrict the location, set back, side yard, height, bulk, number of stories and size of buildings and other structures.
4. Determine, establish, regulate and restrict the location of buildings and structures designed for specific uses and designation of uses for which buildings and structures may not be used or altered.
5. Determine, establish, regulate and restrict trailer camps or tourist camps and motels or both and mobile home parks.
6. Regulate population density and distribution
7. Determine, establish, regulate and restrict the percentage of any parcel which may be occupied, size of yards, courts and other open spaces.
8. Provide healthy surroundings for family life.
9. Provide areas for peace and quiet, open space and privacy.
10. Determine, establish, regulate and restrict the location of roads and schools.
11. Insure adequate highway, utility, health, educational, recreational and other public facilities.
12. Lessen congestion in and promote the safety and efficiency of streets and highways; regulate parking, loading and access for safety and efficiency purposes.
13. Secure safety from fire, explosions, flooding, panic and other dangers.
14. Provide adequate light, air, sanitation and drainage.
15. Establish performance standards so as to guard against air and water pollution, unnecessary contamination, noises, vibrations and odors, and also glare, heat, fire, flooding, radiation, and other hazards and nuisances.
16. Promote the efficient and economical use of public funds.
17. Protect property values and the property tax base.
18. Recognize the needs of agriculture, forestry, industry, business and recreation and future growth.
19. Further the appropriate use of land and encourage uses of land and other natural resources which are in accordance with their character and adaptability.
20. Prevent and control soil erosion, sedimentation and water pollution of the surface and subsurface waters.
21. Further the maintenance of safe and healthful water conditions.
22. Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.
23. Preserve shore growth and cover and promote the natural beauty of the shoreland and floodplain areas.
24. Protect fish and animal life including the spawning, resting, nesting, nursing and feeding areas.
25. Implement those municipal, county, watershed, and regional comprehensive plans or components of such plans applicable to and adopted by Kenosha County.
26. Obtain the wise use, conservation, development and protection of the County’s water, soil, wetlands, woodlands, wildlife and other natural resources and attain a balance between land uses and the ability of the natural resource space to support and sustain such uses.
27. Preserve natural growth and cover; promote, stabilize and protect the natural beauty and amenities of landscape and man-made developments within the County and encourage the future aesthetic development of the County.
28. Preserve historical sites.
29. Preserve neighborhoods, eliminate blight and protect life, health and property.
30. Minimize expenditures of public funds for flood control projects.
31. Minimize rescue and relief efforts undertaken at the expense of the taxpayers.
32. Minimize business interruptions and other economic disruptions.
33. Minimize damage to public facilities in the floodplain.
34. Minimize the occurrence of future flood blight areas in the floodplain.
35. Discourage the victimization of unwary land and homebuyers.
36. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
37. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(b) To accomplish the above objectives, it is the further intent of the Kenosha County Board of Supervisors in enacting this ordinance to hereby:
1. Establish the Kenosha County Office Department of Planning and Development.
2. Create, as part of this ordinance, all of the necessary districts, maps, and staffing deemed necessary for achieving all of the objectives of this Ordinance.
3. Delineate as clearly as possible those circumstances which when present will qualify as exceptions, to this ordinance as well as those circumstances in which changes and amendments may be made to the Ordinance or variances granted.
4. Delineate, without limitation due to enumeration, those aspects of zoning which are to be prohibited, such as use variances.
5. Follow all due process requirements and procedures so as to safeguard the rights of individual landowners.
6. Provide for the strict enforcement of this ordinance.
7. Establish a proper system for reviewing and appealing the actions of the of Kenosha County Department of Planning and Development
8. This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR.
9. Make available and distribute all maps, engineering data, and regulations in accordance with the provisions of section NR 116.20(5) of the Wisconsin Administrative Code [Code § 12.01-3.]
This ordinance shall be known as, referred to, and cited as the “KENOSHA COUNTY, WISCONSIN GENERAL ZONING-AND SHORELAND/FLOODPLAIN ZONING ORDINANCE” and hereinafter referred to as the “Ordinance". [Code § 12.01-4.]
Within those areas defined in this ordinance as shorelands and floodplains, this ordinance shall be effective after a public hearing, recommendation by the Planning, Development & Extension Education Committee, adoption by the County board of supervisors and publication or posting as provided by law. For purposes of this section, this ordinance in its entirety shall consist of both the text and maps of the various districts in the unincorporated areas of Kenosha County falling within the shorelands/floodplains areas. (11/5/84) [Code § 12.02-1.]
(a) This ordinance shall be effective after a public hearing; recommendation by the County Planning, Development & Extension Education Committee and adoption by the County board of supervisors; publication or posting as provided by law; and with respect to an individual town, approval by the town board of supervisors. The zoning ordinance of Kenosha County 1959, as adopted and amended, shall remain in effect in each individual town until this ordinance is approved by the town board of supervisors, or for a period of one year from the date of adoption of this ordinance by the County board of supervisors in its entirety, whichever comes first. (11/5/84)
(b) If the town board of supervisors does not approve this ordinance by the end of the one-year period aforementioned, neither this ordinance nor the zoning ordinance of 1959 as amended shall be in effect in that town except as provided in section 12.02.010 of this ordinance. The aforementioned period of one year shall not begin to run until such time as this ordinance is presented to the town boards in its entirety. For purposes of this section, this ordinance in its entirety shall consist of both the text and maps of the various districts in the unincorporated areas of Kenosha County. [Code § 12.02-2.]
(a) The provisions of this ordinance shall apply to all structures, land, water and air within the unincorporated areas of townships located within Kenosha County, Wisconsin, where this ordinance has been approved by the township pursuant to section 12.02.020 of this ordinance.
(b) Where this ordinance has not been approved by a particular township pursuant to section 12.02.020 of this ordinance, the provisions of this ordinance shall nevertheless apply to all structures, lands, water and air within the shoreland jurisdiction of Kenosha County. The shoreland includes all unincorporated areas within the following distances from the ordinary high water mark of all navigable waters: 1000 feet from a lake, pond or flowage; 300 feet from a river or stream; or to the landward side of the floodplain, whichever distance is greater. If the navigable water is a glacial pothole lake, the distance shall be measured from the high water mark thereof. (11/5/86)
(c) Unless specifically exempted by law, all cities, villages, town governments, and Kenosha County are required to comply with this Ordinance and obtain all necessary permits in those areas described in subsections (a) and (b) above. State agencies are required to comply with Section 13.48(13) of the Wisconsin Statutes applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Section 30.12(4)(a) of the Wisconsin Statutes applies. (11/5/86)
(d) The provisions of this ordinance apply to regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, counties and, when s. 13.48 (13), Stats, applies, state agencies are required to comply with, and obtain all necessary permits under, local shoreland ordinances. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the Wisconsin Department of Transportation is not subject to local shoreland zoning ordinances if s. 30.2022 (1), Stats, applies. (NR 115.02) Shoreland zoning requirements in annexed or incorporated areas are provided in s. 61.353 and s. 62.233, Stats. [Code § 12.02-3.]
Except as provided in section 12.02.020, the Zoning Ordinance of Kenosha County of 1959 as adopted and amended and the Shoreland/Floodplain Zoning Ordinance of Kenosha County of 1971 as amended are hereby repealed and superseded by this ordinance. It is not the intent of this ordinance, however, to repeal any provisions in the Kenosha County Sanitary Code and Private Sewage System Ordinance (Chapter 15, Municipal Code of Kenosha County) as created, amended or repealed and recreated or the Subdivision Control Ordinance (Chapter 14, Municipal Code of Kenosha County) as created, amended or repealed and recreated. In case of conflicts between this ordinance and any of the provisions of the above ordinances or other adopted county ordinances, those provisions providing for greater restrictions shall prevail. [Code § 12.02-4.]
The provisions of this ordinance shall not apply to any construction project for which a valid zoning permit has been issued prior to the enactment of this ordinance, with the provision, however, that construction, has substantially commenced as defined in this ordinance, within six months after the issuance of the permit and with the further provision, however, that in the case of permits granted in the Shoreland-Floodplain District that substantial construction is completed, as defined in this ordinance, within 15 months after the issuance of the permit. [Code § 12.02-5.]
It is not intended by this ordinance to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules or permits previously adopted or issued pursuant to law except as provided for in section 12.02.050 of this Ordinance. Nor is it the intent of this ordinance to abrogate, impair or interfere with the legal rights of individuals as they may be guaranteed by the state and federal constitutions, statutes, and administrative rules. Claims for such interference may be addressed through the administrative appeals procedure provided for in section 12.55 of this ordinance.
The provisions of this ordinance supersede any provisions in a county zoning ordinance that solely relate to shorelands. In other words, if a zoning standard only applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this ordinance supersedes those provisions. However, where an ordinance adopted under a statute other than s. 59.692, Stats, does not solely relate to shorelands and is more restrictive than this ordinance, for example a floodplain ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions.
(a) This ordinance shall not require approval or be subject to disapproval by any town or town board.
(b) If an existing town ordinance relating to shorelands is more restrictive than this ordinance or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions but not otherwise.
(c) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
(d) The following provisions of the Kenosha County Zoning Ordinance are hereby incorporated by reference. These provisions shall only apply to the shoreland area where they impose greater restrictions than this ordinance otherwise imposes.
(e) This ordinance may establish standards to regulate matters that are not regulated in NR 115, but that further the purposes of shoreland zoning as described in section 12.01.030 of this ordinance, [Code § 12.02-6.]
In the interpretation and application of this Ordinance, the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in favor of the County and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes, as may be amended from time to time, or now possessed by Kenosha County. If a provision of this ordinance, is required by statute and a standard in Ch. NR115 or NR 116, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the statute and Ch. NR 115 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance [Code § 12.02-7.]
(a) If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
(b) If any application of this ordinance to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment.
(c) The County does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation or that those soils listed as being unsuited for specific uses are the only unsuitable soils, and hereby asserts that there is no liability on the part of the Board of Supervisors, its agencies or employees for any flood damage, sanitation problems, structural or other damages that may occur as a result of reliance upon and conformance with this ordinance. [Code § 12.02-8.]
Pursuant to Wisconsin Statutes section 59.69(14), a land owner, occupant or other person affected by this ordinance or amendment thereto who claims that this ordinance or amendment is invalid because procedures prescribed by the statutes or the ordinance were not followed shall be forever barred unless the court action is commenced within 6 months after adoption. Provided, this subsection shall not apply unless there has been at least one publication of a notice of a zoning hearing in a local newspaper of general circulation and unless a public hearing has been had on the ordinance or amendment at the time and place specified in such notice. [Code § 12.02-9.]
The Zoning Maps were adopted and approved with the text as part of this ordinance and boar upon its face the attestation of the County Board Chairman, County Clerk and the Director of Planning and Development for Kenosha County, Wisconsin and are available to the public for inspection in the Kenosha County Department of Planning and Development. These maps were entitled “Kenosha County Zoning Maps” numbered, “Kenosha County - 1” through “Kenosha County - 8”. Kenosha County zoning maps in digital format developed with geographic information systems software first incorporated into the zoning ordinance on April 28, 2002 and updated from time to time replaced the hard copy zoning maps and shall be maintained in the Kenosha County Department of Planning and Development. Copies of the zoning maps in digital format shall be made available to the public for inspection, at cost, by the Kenosha County Department of Planning and Development. [Code § 12.02-10.]
(a) TOPOGRAPHIC AND ORTHOPHOTOGRAPHIC
Kenosha County Department of Planning and Development makes use of topographic and orthophotographic maps in digital format which are updated from time to time and are maintained in the Kenosha County Department of Planning and Development.
(b) WETLANDS
Kenosha County Department of Planning and Development makes use of the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer and or other maps that reflect the best data available.
(c) ENVIRONMENTAL CORRIDORS
Kenosha County Department of Planning and Development makes use of primary and secondary environmental corridor maps and isolated natural resource maps as defined by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) or other maps that reflect the best data available. [Code § 12.02-11.]
(a) Amendments to the Zoning Maps shall become effective upon adoption by the Kenosha County Board of Supervisors, notification of the Town Clerk of all Towns affected by the amendment, the filing of proof of publication thereof in the Kenosha County Department of Planning and Development, and the expiration of any time limit imposed by section 59.69 of the Wisconsin Statutes within which Townships may veto the action and amendment of the County Board. It shall be the duty of the Kenosha County Department of Planning and Development to enter all zoning map amendments and the date of the latest amendment upon the certified copy of the Zoning Map and secure any required certifications or attestations.
(b) Amendments to the FPO Floodplain Overlay District shall not become effective until approved by the Wisconsin Department of Natural Resources, (DNR) and FEMA through the Letter of Map Change process in accordance with 12.60.010 Amendments. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process in accordance with 12.60.010 Amendments before it is effective. No changes to RFE’s on nonfema maps shall be effective until approved by the DNR. These maps and revisions are on file in the Kenosha County Department of Planning and Development. If more than one map or revision is referenced, the most restrictive information shall apply. [Code § 12.02-12.]
(a) Boundaries of the districts set forth in sections 12.31 to 12.37 are hereby established as shown on the digital zoning maps as described in section 12.02.100 of the Municipal Code of Kenosha County. No change in a zoning boundary shall be made except after petition, review and approval pursuant to the requirements of section 12.58 of the Municipal Code of Kenosha County.
(b) Boundaries of the basic zoning districts shall be construed to follow corporate limits; U.S. Public Land Survey section lines; lot or property lines; centerlines of streets, highways, alleys, easements, navigable bodies of water, and railroad rights-of-way, or such lines extended. Lines which appear to be parallel to any of the aforementioned boundaries of specified distance shall be construed to be parallel as noted. Where the above rules cannot be readily applied, the location of district boundary lines shall be determined by use of the scale shown on the official zoning map.
(c) Boundaries of the floodplain overlay districts as referenced in the following official floodplain maps and studies.
1. All areas covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM), as approved by DNR and FEMA. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) volume numbers 55059CV001B and 55059CV002B, effective March 7, 2017, and are shown as AE, A, AH, and AO Zones on the FIRM. These official floodplain maps and studies are on file in the office of the Kenosha County Department of Planning and Development. If more than one map or revision is referenced, the most restrictive information shall apply. Kenosha County (unincorporated areas) Flood Insurance Rate Map Panel Numbers include:
KENOSHA COUNTY, WISCONSIN - FIS Community Number 550523
FLOOD INSURANCE RATE MAP PANELS
55059C0017D, 55059C0036D, 55059C0061D, 55059C0063D, 55059C0139D, 55059C0251D, 55059C0252D, 55059C0016D, 55059C0018D, 55059C0019D, 55059C0038D, 55059C0041D, 55059C0042D, 55059C0043D, 55059C0044D, 55059C0062D, 55059C0064D, 55059C0110D, 55059C0116D, 55059C0117D, 55059C0118D, 55059C0119D, 55059C0126D, 55059C0127D, 55059C0128D, 55059C0129D, 55059C0131D, 55059C0132D, 55059C0133D, 55059C0134D, 55059C0136D, 55059C0137D, 55059C0138D, 55059C0151D, 55059C0154D, 55059C0156D, 55059C0157D, 55059C0158D, 55059C0159D, 55059C0176D, 55059C0177D, 55059C0178D, 55059C0179D, 55059C0231D, 55059C0232D, dated June 19, 2012; and 55059C0184E dated March 7, 2017.
2. Floodplain maps derived from other studies and approved by the DNR.
a. The 100-year dam failure floodplain map is determined through the use of dam failure analysis and profiles developed by Mead & Hunt Inc. as documented in their report entitled Evaluation of Hazard Potential Meyer Material Company KD Pit Embankment, January 2001. The report and study is on file in the office of the Kenosha County Department of Planning and Development.
b. Bong Recreation Area 8 Dam Failure analysis approved by the Department of Natural Resources on January 7, 2020, including:
1) Map dated January, 2013, and titled “Simplified Dam Failure Analysis for Bong Recreational Area Dam No. 8.”
2) Floodway data table dated, no date, and titled “Table 6.1 – Water Surface Comparison.” 100-year Flood Dam Failure Peak WSEL column indicates the water surface elevations during dam failure.
3) Flood profiles dated, no date, and titled “Bong Recreational Area Dam No. 8 – Simplified Dam Failure Analysis.”
c. Official Letters of Map Change (LOMC).
(d) Floodplain Zoning is shown on the digital zoning maps as described in Section 12.02.100 of the Municipal Code of Kenosha County and as described as follows:
1. The FPO Floodplain Overlay District is those areas that may be covered by floodwater during the regional flood including the floodway and are contained within AE and A Zones as shown on the FIRM.
(e) Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsection (e)(1) or (e)(2). If a significant difference exists, the map shall be amended according to section 12.60.040 of the Municipal Code of Kenosha County, floodplain amendments. The planning and development administrator can rely on a boundary derived from a profile elevation to grant or deny a zoning permit, whether or not a map amendment is required. The planning and development administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the planning and development administrator and an applicant over the district boundary line shall be settled according to section 12.56.050(a)(3) of the Municipal Code of Kenosha County and the criteria in subsections (e)(1) and (e)(2). Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to section 12.60.040 of the Municipal Code of Kenosha County, floodplain amendments.
1. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
2. Where flood profiles do not exist for projects, the location of the boundary shall be determined by the digital zoning maps as described in section 12.02.100 of the Municipal Code of Kenosha County.
(f) Boundaries of the C-1 Lowland Resource Conservancy District, that includes shoreland-wetlands, are shown on the maps referred to in subsection (a) and boundary locations were determined by the criteria set forth in section 12.36.010(b) of the Municipal Code of Kenosha County. [Ord. 16 (2022) (Exh. A); Code § 12.02-13.]
(a) Pursuant to Wisconsin Statute 59.69(7), whenever any area which has been subject to the Kenosha County Zoning ordinance petitions to become part of a village or city, the regulations imposed by this ordinance shall continue in effect, without change, and shall be enforced by such village or city until such regulations have been changed by official action of the governing body of such village or city, except that in the event an ordinance of annexation is contested in the courts, the County Zoning Ordinance shall prevail and the County shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action.
(b) Reserved for future use.
(c) When any lands previously under the jurisdiction of this ordinance have been finally removed from the jurisdiction of this ordinance by reason of annexation to an incorporated municipality, and after the regulations imposed by this ordinance have ceased to be effective as provided in subsection (a), the County Board may pursuant to Wisconsin Statute section 59.69(5)(e)7, on the recommendation of the Department of Planning and Development adopt such amendatory ordinances as shall remove or delete such annexed lands from the official zoning map or written descriptions without following any of the procedures provided for amendment or change to the ordinance as noted in Wisconsin Statute 59.69(5)(e)1 through 6, and such amendatory ordinances shall become effective upon passage and publication. A copy of such ordinance shall be forwarded by the County Clerk to the Clerk of each town in which the lands affected were previously located. Nothing in this section shall be construed to nullify or supersede those provisions set forth in Wisconsin Statute section 80.64. [Code § 12.02-14.]
For the purpose of this ordinance, the definitions listed in Appendix “A” shall be used unless otherwise specified. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word “shall” is mandatory and not directory. Words not defined in Appendix “A” shall be construed according to any applicable definition set forth in either the State Statutes, Administrative Code or County Ordinance or in lieu thereof, shall be construed according to accepted land use, scientific, or architectural definition or in lieu thereof, according to their customary dictionary definition. [Code § 12.02-15.]