17.301.01.

Purpose. The intent of this district is to maintain highly productive agricultural lands in food and fiber production, preserve productive farms by effectively limiting encroachment of non-agricultural development and minimizing land use conflicts among incompatible uses, control public service costs, and maintain a viable agricultural base to support agricultural processing and service industries. The Farmland Preservation zoning district is an area planned primarily for agricultural use, agricultural-related use, or both, and that is identified as an agricultural preservation area or in a farmland preservation plan described in § 91.12(1), Wis. Stats., or identified under § 91.10(1)(d), Wis. Stats., in a farmland preservation plan described in the § 91.12(2), Wis. Stats. This district is not intended to accommodate or facilitate nonagricultural growth. Eligible landowners in compliance with the provisions of the Farmland Preservation Law are eligible to receive tax credits under §§ 71.57—71.61, Wis. Stats.

17.301.02.

Permitted agricultural uses in the Farmland Preservation District. The following Table 4 lists the uses that may be permitted in the Farmland Preservation zoning district in accordance with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

A.

Agricultural uses listed in Table 4 shall include the permitted agricultural uses and/or activity conducted for the purpose of earning an income or livelihood.

B.

Agricultural uses listed in Table 4 shall include the permitted agricultural uses and/or activity conducted for the purpose of earning an income or livelihood.

1.

Crop or forage production.

2.

Keeping livestock, beekeeping, and fur farming.

3.

Nursery, sod, or Christmas tree production, silviculture, floriculture, and forest management.

4.

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

5.

Any other use that the DATCP, by rule, identifies as an agricultural use.

17.301.03.

Permitted agriculture-related uses.

A.

Agriculture-related Uses.

1.

An agricultural equipment dealership.

2.

Facility providing agricultural supplies.

3.

Facility for storing and/or processing agricultural products.

4.

Facility for processing agricultural wastes.

5.

The storage, processing, and production area of biomass product shall be screened from view of any residential district. All biomass activities shall be 500 feet from any residence other than the owner's.

6.

Any other use that the DATCP, by rule, identifies as an agricultural-related use.

17.301.04.

Permitted accessory uses.

A.

Accessory Uses.

1.

Riding stables & riding academies pursuant to Section 17.204.14 and § 91.01(1), Wis. Stats.

2.

Ponds.

3.

Stockwater ponds.

4.

Structures that are an integral part of, or incidental to, the agricultural use.

5.

Manure storage facilities. Shall comply with the permit requirements of General Code of Ordinances for Marathon County Chapter 11.02, Animal Waste Storage and Nutrient Management Code.

6.

One roadside stand per farm.

a.

No more than 300 square feet of floor area.

b.

Used solely for the sale of products more than 50 percent of which was produced on the premises.

7.

Home occupation.

8.

Home profession.

17.301.05.

Permitted temporary uses. Transient amusements and temporary/intermittent uses such as music festivals, carnivals, rodeos, horse shows, circuses, temporary campgrounds, and specialty club events and shows are subject to the Marathon County Assemblies Ordinance and shall require a temporary zoning permit.

A.

Temporary campgrounds shall conform to the requirements of Chapter Department of Health Services (DHS) 178, Wisconsin Administrative Code which shall apply until amended and then apply as amended, and be licensed under DHS 178 Wisconsin Administrative Code as special event campgrounds.

B.

There shall be no more than three events permitted within one calendar year.

C.

Any event permitted under this section shall not be allowed to occur/operate for more than a total of five days within a period of nine consecutive days.

D.

No event shall be permitted within nine days of the last day of the previous event.

E.

An application for a Special event, Transient Amusements, and Temporary/Intermittent Events shall include the following as well as what is required under Section 17.802.

1.

A statement identifying the maximum number of persons which the applicant shall permit to assemble at any one time as well as the maximum total number of persons whom will assemble over the duration of the event.

2.

A statement specifying the exact nature and purpose of the assembly.

3.

A detailed site plan that identifies the location of the following as well as the requirements of Section 17.802.02(F):

a.

Toilets or restrooms (shall be compliant with Chapter 15);

b.

Concessions stand(s) (food and/or soft drink beverages);

c.

Alcohol beverage sales tent/stand(s);

d.

Main event staging area(s);

e.

Camping areas;

f.

Proposed screening and/or buffering;

g.

Parking and travel areas.

4.

A list of all the required Federal, State, or Local permits or approvals required for the event. (Including, but not limited to: Campground License(s), Temporary Restaurant License(s), Liquor License(s), road access limitations/requirements, etc.)

a.

An application for an event under this section which violates any other applicable local, state, or federal regulations may be denied. Additionally, information provided to all regulatory entities shall be consistent.

F.

Event access, circulation, and layout, shall be designed in a manner which minimizes the potential effect on adjacent properties and/or conflicting land uses.

1.

Buffering and Screening consistent with Title 6 may be required.

17.301.06.

Permitted residential uses.

A.

Farm Residence. Single-family or duplex residence; one residential structure per lot or parcel, which meets one of the following standards:

1.

Minimum lot or parcel size to establish a farm residence is 35 acres.

2.

Lots or parcels having less than 35 acres that legally exist prior to approval of the section may be developed pursuant to Section 17.202.05.A of this Chapter.

a.

Approval Dates: Towns of Brighton, Day, Eau Pleine, Hull, Marathon, and McMillan - April 21, 2015.

3.

Lot or Parcel Reconfiguration. A lot or parcel having an area less than 35 acres may be reduced to a minimum of two acres or a lot or parcel of any size may be enlarged provided either of these actions do not create a non-conforming lot or parcel, and further provided there is no net increase in the number of lots or parcels.

a.

Minimum lot or parcel width shall be 150 feet.

b.

Minimum frontage on a public highway shall be 33 feet.

c.

No lot or parcel shall be reduced in a way that creates substandard dimensions of setbacks for structures, private onsite wastewater treatment systems (POWTS), or other regulated features.

d.

Reductions in lot or parcel area shall comply with the provisions of General Code of Ordinances for Marathon County Chapter 18 Land Division and Surveying Regulations.

B.

Manufactured Home. Shall be subject to the following standards:

1.

Meets the requirement of a farm residence.

2.

Manufactured after June 15, 1976.

3.

Proof of U.S. Department of Housing and Urban Development (HUD) certification.

4.

Placed on a permanent foundation, with proper securing per uniform dwelling code.

5.

Proper approved skirting placed on manufactured homes.

C.

Migrant Labor Camp. A migrant labor camp shall be certified under § 103.92, Wis. Stats., and shall be administered and enforced by any rules promulgated under section by the Department of Workforce Development.

D.

Farm Consolidations. Farm residences constructed prior to January 1, 2014, and farm structures may be separated from the farm plot, and not be required to be rezoned, provided that the parcel created conforms to all regulations set forth in the Rural Residential district, but not to exceed 4.99 acres, and meets the requirements of the General Code of Ordinances for Marathon County Chapter 18, Land Division and Survey Regulations. Residences constructed after January 1, 2014 would be required to rezone from Farmland Preservation Zoning.

17.301.07.

Conditional residential uses.

A.

Hunting and Fishing Shelters. Hunting and fishing shelters shall meet the following requirements:

1.

Must conform to § 91.46(2), Wis. Stats.

2.

Size. Maximum area of 800 square feet of above ground living area.

3.

Only one hunting and fishing shelter per parcel.

4.

A hunting and/or fishing shelter agreement shall be recorded at the Register of Deeds with property.

5.

The shelter complies with the provisions of Chapter Safety and Professional Services 383, Wisconsin Administrative Code, and the sanitary requirements of General Code of Ordinances for Marathon County Chapter 15 Private Sewage Systems.

6.

Shall obtain a Uniform Dwelling Code permit.

7.

Must acquire a site address from Marathon County for E911.

8.

May include a maximum of four of the following:

a.

Any plumbing fixtures. If any plumping fixtures are present or will be installed, a private onsite waste treatment system or hook up to municipal sewer and water is required.

b.

Full or partial basement, including crawlspaces, and frost walls.

c.

Electric services by connection to the lines of a power company.

d.

Attached or detached garage.

e.

Insulated using common insulation products.

f.

Telephone service based locally.

g.

Central heating or cooling, including electric heat, furnace or other heater with a circulation system.

17.301.08.

Conditional agricultural related uses.

A.

Processing and production of biomass materials.

B.

Facilities used for the centralized bulk collection, storage and distribution of agricultural products to wholesale and retail markets.

C.

Facilities used to provide veterinarian services.

D.

Canneries.

E.

Dairy processing and manufacturing facilities.

F.

Commercial greenhouses.

17.301.09.

Conditional utilities and governmental, institutional, religious, or nonprofit community uses.

A.

Transportation, communication, pipeline, electric transmission, utility, public utility substations or drainage uses, if all of the following apply:

1.

The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.

2.

The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal Law, 66.04.

3.

The use is reasonably designed to minimize conversion of land at and around the site of the use, from agricultural use or open space use.

4.

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for, or legally restricted to, agricultural use.

5.

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

B.

Governmental, institutional, religious, or nonprofit community uses, if all of the following apply:

1.

The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.

2.

The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under State or Federal Law.

3.

The use is reasonably designed to minimize conversion of land at and around the site of the use, from agricultural use or open space use.

4.

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for, or legally restricted to, agricultural use.

5.

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

17.301.10.

Rezoning land out of a farmland preservation zoning district.

A.

Except as provided in subsection (B), Marathon County may not rezone land out of the farmland preservation zoning district unless Marathon County finds all of the following in writing, after public hearing, as part of the official record of the rezoning:

1.

The rezoned land is better suited for a use not allowed in the farmland preservation zoning district.

2.

The rezoning is consistent with Marathon County and the town's comprehensive plan.

3.

The rezoning is substantially consistent with the Marathon Farmland Preservation Plan which is in effect at the time of the rezoning.

4.

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

5.

Adequate public facilities to serve the rezone are present or will be provided.

6.

Providing of public facilities will not be an unreasonable burden to local government.

7.

The rezoning request needs to demonstrate a need for the proposed development.

8.

The rezone request will not cause unreasonable air and water pollution, soil erosion, or adverse effects on rare or irreplaceable natural areas.

9.

The availability of alternative locations has been addressed.

10.

The location of the proposed development is to minimize the amount of agricultural land converted.

B.

Subsection 17.301.10(A) does not apply to any of the following:

1.

A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection under ch. 91, Wis. Stats.

2.

A rezoning that makes the farmland preservation zoning ordinance map more consistent with the county farmland preservation plan map, certified under ch. 91, Wis. Stats., which is in effect at the time of the rezoning.

C.

By March 1 of each year, the Department shall provide to the Wisconsin Department of Agriculture, Trade and Consumer Protection a report of the number of acres that the (political subdivision) has rezoned out of the farmland preservation zoning district under Section 17.301.10 during the previous year and map that clearly shows the location of those areas.

17.301.11.

Minimum lot size.

A.

The minimum lot size for the Farmland Preservation zoning district is 35 acres. No lot or parcel shall be created or reconfigured which results in a nonconforming parcel or parcels.

1.

See section 17.202 for sub-standards parcels created prior to the adoption of this Ordinance.

2.

See Section 17.301.06 for permitted residential uses for the Farmland Preservation zoning district.

B.

Outlots. Outlots may be created within the Farmland Preservation Zoning District for transfer of ownership, yet shall be combined with an adjacent parcel to meet the minimum 35 acre parcel size requirement within six months of the survey/deed being recorded with the County Register of Deeds. An outlot may also be created for public use including, but not limited to, utilities and stormwater control, private or public right-of-way. An outlot may not be used as a building site.

(O-34-23)

17.302.01.

Purpose. The M-H Manufactured/Mobile Home Park District is created to provide for the regulation of existing manufactured housing areas in the County and to regulate the use of manufactured homes therein. Manufactured/Mobile Home Parks may be allowed as a conditional use in the M-H district subject to the requirements of this section and upon issuance of a conditional use permit by the Board of Adjustment after public hearing.

17.302.02.

Uses. Within the M-H Manufactured/Mobile Home Park District, no building, structure or premises shall be used, arranged to be used, or designed to be used, except for manufactured homes for single-family dwellings (one dwelling per manufactured home lot) which is a principal permitted use. No business other than home occupations as defined in Section 17.204.53 shall be conducted in any manufactured home within a Manufactured/Mobile Home Park district.

17.302.03.

Application for permit. An application for a conditional use permit for a Manufactured/Mobile Home Park shall be filed with the Zoning Administrator and contain the information required by the Department of Safety and Professional Services Chapters SPS 382 and 383, and the Department of Natural Resources NR 811 and 812. Plans shall be prepared showing all features required by this Ordinance and Chapters ADM 65. Upon receipt of the plans, one set shall be forwarded to the County Health Department for their review and comments. Written comments or testimony shall be provided to the Board of Adjustment on all applications by a Health Department representative.

A.

Requirements for existing park.

1.

Existing Manufactured/Mobile Home Park facilities operating prior to the approval of this Ordinance will not be required to meet the standards established under Section 17.302.03.B. unless otherwise required by state, health, or federal rules and regulations.

B.

Requirements for new or expanding park.

1.

The minimum size of a Manufactured/Mobile Home Park shall be ten acres.

2.

Each park shall provide manufactured home lots and each such lot shall be clearly defined or delineated. Each lot shall have an area of not less than 5,000 square feet and an average width of not less than 50 feet, provided that Manufactured/Mobile Home Parks which existed lawfully at the time of the adoption of the chapter and have lots that do not comply with any of the foregoing minimum area and width requirements may continue to operate. New site development within or contiguous to an existing park shall conform to the standards of this section.

3.

Manufactured homes shall be so located on each lot that there shall be at least a 20-foot clearance between manufactured homes. No manufactured home shall be located closer than five feet to any accessory building within the park. Manufactured homes and accessory structures shall meet the street, side and rear yard requirements for the zoning district in which the Manufactured/Mobile Home Park is located.

4.

Private internal streets shall comply with ADM 65.09(3). There shall not be more than two entrances or exits to, such street or highway from any mobile home park. Access shall be approved by the unit of government having jurisdiction over the street or highway.

5.

Walkways to service buildings shall not less than three feet wide and shall be graveled or hard surface.

6.

All driveways and walkways within the park shall be well lighted at night.

7.

Electrical connections shall meet the requirements of the Department of Safety and Professional Services Chapter SPS 316.

8.

Each manufactured home lot shall be provided with two parking spaces.

9.

Each Manufactured/Mobile Home Park shall be completely surrounded, except for permitted entrances and exits, by a yard, in addition to all other required setbacks and open spaces, which shall be planted to permanent grasses, flowers, shrubs and trees so as to provide a 50-percent opacity to a height of eight feet during all seasons of the year. Plantings shall comply with Section 17.603.02.

10.

Manufactured/Mobile Home Parks shall conform to the requirements of all applicable statutes and Wisconsin Administrative Code.

11.

Service buildings housing sanitation facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

12.

Garbage and recycling containers with tight fitting lids shall be provided in quantities adequate to permit disposal of all garbage and recyclables materials. All containers shall be kept in sanitary condition with contents disposed of at least once each week.

13.

Adequate provisions shall be made for the disposal of all sewage from a Manufactured/Mobile Home Park into a municipal sanitary sewer where available, or by properly constructed and maintained sewage system approved by the Department of Safety and Professional Services.

14.

Open space commons and/or play areas shall be included in the design at the ratio of 9,000 square feet per ten lots or fraction thereof, exclusive of district setback requirements.

15.

Each Manufactured/Mobile Home Park shall maintain an office where a register complying with ADM 65.15 shall be kept. The register shall be open to county or town officials for inspection.

17.302.04.

Intent; conflicts. This section does not regulate building (i.e., construction) or safety standards for manufactured homes, as such regulations are preempted from state and local control by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. 5401).

Furthermore, the regulations contained herein are not intended to conflict with, and shall comply with applicable provisions or general laws of the State of Wisconsin. Applicable Wis. Stats., shall preempt and conflicts.

(O-34-23)

17.303.01.

Purpose.

A.

Purpose. The Highway Corridor and Interchange Overlay District is intended to promote highway safety by protecting the traffic carrying capacity of divided highways through access controls to the intersecting roads and the orderly development of adjacent lands much of which will be related to the particular corridor and interchange. Commercial and industrial uses shall be restricted to interchange areas only while agriculture and some limited residential development may be permitted where access is via an at-grade intersection.

17.303.02.

Abrogation and greater restrictions. When the Highway Corridor and Interchange Overlay District and the underlying zoning district regulations conflict, the most restrictive combination of regulations shall prevail.

17.303.03.

Access control.

A.

Access Control. Access from abutting property to an intersecting highway shall be permitted only at designated access points, which shall be located as follows:

1.

There shall be no access points located within 1,000 feet of the most remote end of an on or off ramp. A lesser distance may be permitted by the Board of Adjustment upon prior written approval by a designated representative of the agency having jurisdiction over such highway.

2.

To avoid dangerous jogs in alignment, permitted access points along opposite sides of intersecting highways shall be located with or directly opposite each other, or directly opposite a median strip crossover, or separated by no less than 300 feet of lateral distance along the highway.

3.

Each building or group of contiguous buildings shall have not more than two access points to the abutting road, and no such access point shall exceed 35 feet in width at the property line.

In order to reduce the number of such entrances and promote the safety of travel upon the abutting road, wherever practicable buildings or groups of buildings shall use entrances in common.

4.

The intervals between permitted entrances onto a road shall be closed to vehicular access by a curb, drainage ditch, planting strip or equally effective barrier.

B.

Temporary Access. The access requirements may be temporarily waived subject to the following conditions:

1.

A temporary access permit may be obtained from the Board of Adjustment for a period of one year, providing the applicant has obtained approval in writing for such a temporary permit from the agency having jurisdiction over the highway.

2.

Use of access shall be limited to the use described in the application for the temporary access permit.

3.

This access permit shall be temporary in nature and may be revoked upon the provision of a frontage road or other internal circulation system which would provide a reasonable alternate means of access.

(O-34-23)

17.304.01.

Purpose and authority. The residents of Marathon County, whether served by private wells or municipal supplies, depend upon groundwater for safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this Wellhead Protection District is to institute land use regulations to protect the municipal water supplies, and may impose greater restrictions than Wisconsin Administrative Code ATCP51 to protect the public health, safety, and general welfare of the residents of Marathon County.

Statutory authority of Marathon County to enact these regulations was established by the Wisconsin Legislature in 1983 Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning to protect public health, safety and welfare.

17.304.02.

Application of regulations.

A.

Application of Regulations. The overlay regulations specified in this Wellhead Protection District shall apply to the areas of Marathon County that lie within the recharge areas for municipal water supply wells, and are in addition to the requirements in the underlying zoning district. If there is a conflict between this district and the underlying zoning ordinance, the more restrictive shall apply.

B.

Uses permitted in each Wellhead Protection District. Table 5 lists the permitted uses per Wellhead Protection Overlay Districts.

17.304.03.

Groundwater Protection Overlay District Zone A.

A.

Intent. The primary portion of the municipal well recharge area to be protected is the land within the cone(s) of depression and the area defined as Zone A and shown on maps on file in the Department. These lands are subject to the most stringent land use and development regulations because of close proximity to the wells and the corresponding high threat of contamination.

B.

Permitted Uses. The uses listed in Table 5 are permitted uses within Groundwater Protection Overlay District Zone A. Uses not listed or identified as not permitted in Table 5 are considered prohibited uses unless a determination of similarity to a permitted or conditional use (based on potential for groundwater contamination) is made by the Zoning Administrator.

C.

Conditional Uses. The uses listed in Table 5 may be permitted on a case-by-case basis providing adequate groundwater protection and monitoring measures are provided as determined by the Board of Adjustment.

D.

Prohibited Uses. The uses listed as not permitted in Table 5 are prohibited uses within the Groundwater Protection Overlay District Zone A. These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination.

Where any of the uses listed in Table 5 exist within the Groundwater Protection Overlay District Zone A on the effective date of this Ordinance, those uses shall be deemed non-conforming. Owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection within the provisions of non-conformity contained in the Zoning Ordinance. Plans for the proposed upgrade must be approved and the appropriate permit issued by the Board of Adjustment prior to any work being initiated. Expansion of any preexisting non-conformity is prohibited.

17.304.04.

Groundwater Protection Overlay District Zone B.

A.

Intent. A secondary portion of the municipal well recharge areas to be protected is the land which lies within Zone B as shown in Table 5 and on maps on file in the Department. Land use restrictions within Zone B are less restrictive than in Zone A because of longer flow times and a greater potential for remediation, dilution, and attenuation.

B.

Permitted Uses. The uses listed in Table 5 are permitted within Groundwater Protection Overlay District Zone B. Uses not listed or identified as not permitted in Table 5 are considered prohibited uses unless a determination as outlined in Section 17.304.03.B. is made for similar uses.

C.

Conditional Uses. The uses listed in Table 5 may be permitted on a case-by-case basis providing adequate groundwater protection and monitoring measures are provided as determined by the Board of Adjustment.

D.

Prohibited Uses. The uses listed as not permitted in Table 5 are prohibited uses within Groundwater Protection Overlay District Zone B, except as provided in Sections 17.304.04.C or 17.304.06. These uses are prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination.

Where any of the uses listed in Table 5 exist within Groundwater Protection Overlay District Zone B on the effective date of this Ordinance, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection pursuant to the provisions outlined in Section 17.304.03.D. Expansion of any preexisting non-conforming use is prohibited.

17.304.05.

Groundwater Protection Overlay District Zone C.

A.

Intent. The outermost portion of the municipal well recharge area to be protected is the land which lies within Zone C as shown on maps on file in the Department. Land use restrictions within Zone C are less restrictive than in either Zone A or Zone B because it is the portion of the recharge area most distant from the well(s).

B.

Permitted Uses. The uses listed in Table 5 are permitted within Groundwater Protection Overlay District Zone C. Uses not listed or identified as not permitted in Table 5 are considered prohibited uses unless a determination as outlined in Section 17.304.03.B. is made for similar uses.

C.

Conditional Uses. The uses listed in Table 5 may be permitted on a case-by-case basis providing adequate groundwater protection and monitoring measures are provided as determined by the Board of Adjustment.

D.

Prohibited Uses. The uses listed as not permitted in Table 5 are prohibited uses within the Groundwater Protection Overlay District Zone C except as provided in Sections 17.304.05.C. or 17.304.06. Uses prohibited based on the high probability that activities routinely associated with these uses may cause groundwater contamination are listed in Table 5.

Where any of the uses listed in Table 5 exist within Groundwater Protection Overlay District C on the effective date of this district, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection pursuant to the provisions outlined in Section 17.304.03.D. Expansion of any preexisting non-conforming use is prohibited.

17.304.06.

Design and performance standards. The following standards and requirements shall apply to all uses permitted within the Groundwater Protection Overlay District.

A.

Lot Size. Minimum lot size for unsewered residential uses shall be two acres except for:

1.

Existing lots of record on the effective date of this Ordinance.

2.

Developments which will be served by municipal sewer. In order to provide for efficiently serving the development with municipal sewer, lots smaller than two acres can be approved provided that sufficient land area will be maintained in an undeveloped state such that no more than one residence is allowed for each two acres of the overall development.

B.

Landscaping and Maintained Lawn or Grass.

1.

All commercial and industrial uses shall be allowed a maximum of 50 percent of the lot area to be maintained lawn or grass. In no instance shall the area of maintained lawn or grass exceed the area of impervious surfaces on the lot.

2.

Natural vegetative covers not requiring the use of pesticides or fertilized after initial establishment are encouraged as an alternative to lawn or grass.

C.

Storm Drainage and Snow Melt. All storm drainage for commercial and industrial sites shall be retained on the site or discharged to a municipally operated storm drain in accordance to stormwater best management practices. If retained on the site, stormwater shall be discharged to settling basins where it shall percolate through at least six inches of topsoil with vegetation established. Use of drywells or other subsurface drains for stormwater drainage is prohibited, as is the use of a groundwater pond.

D.

Petroleum, Pesticide, Fertilizer and Salt Storage.

1.

All petroleum product storage tanks shall provide leak-proof containment not less than 125 percent of the tank volume except basement heating fuel storage tanks.

2.

Pesticide and fertilizer storage is permitted at the location of retail sales of these products provided that the products are delivered in retail quantity containers and no repackaging and/or mixing is done on the site.

3.

Pesticide and fertilizer storage is permitted on a farm for use on that farm by the owner or farm operator.

4.

Bulk liquid pesticide/fertilizer storage containers exceeding 55 gallons are permitted providing the containers are located within a leak-proof containment area not less than 125 percent of the volume of the largest container. Interstate Commerce Commission (ICC) approved transport containers do not require containment.

5.

Salt storage must conform to standards in the Department of Transportation, Chapter 277 of the Wisconsin Administrative Code.

E.

Animal Waste - Storage and Handling.

1.

Animal waste storage facilities must meet the standards of the Marathon County Animal Waste Management Ordinance.

2.

Animal waste, in combination with chemical fertilizer or other soil amendments, shall not be applied at rates which exceed the nutrient requirements of the crops grown on the application site.

3.

Conduct and management of agricultural activity shall be subject to a plan utilizing standards in the Marathon County Technical Guide adopted by the Environmental Resources Committee.

17.304.07.

Administration.

A.

Determinations. The boundaries of the Groundwater Protection Overlay Districts shall be shown on the maps for Marathon County. Boundary determinations for specific properties shall be made by the Zoning Administrator by scaling distances from these maps.

B.

Appeals. Appeals to a boundary determination or any other administrative decision by the Zoning Administrator connected with this Ordinance shall be made to the Board of Adjustment as provided in Title 8 of this Ordinance and shall be supported with appropriate technical documentation as determined by the Board of Adjustment.

(O-34-23)

17.305.01.

Authority. The Airport Approach Protection regulations are adopted under the authority granted by the Department of Aeronautics and Astronautics, ch. 114, § 114.136, Wis. Stats.

17.305.02

Map. All zones established by this section are as shown on the map dated September 7, 1999, entitled "Zoning Map for Central Wisconsin Airport, Marathon County, Wisconsin," which is on file in the office of the County Clerk, electronically stored in the County Geographic Information System, and is adopted by reference.

17.305.03.

Application of regulations.

A.

Height Zones. No structure shall be constructed, altered or located and no trees shall be allowed to grow to a height in excess of the height limit indicated on the maps referred to in Section 17.305.02 except as may be authorized by Section 17.305.03.G.1. These restrictions shall not apply to legal fences or farm crops which are cut at least once a year.

B.

Other Restrictions.

1.

Use Restrictions. Notwithstanding the provisions of Section 17.305.03.A, no use may be made of land in any zone governed by the Chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport or impair the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

2.

Development Restrictions. Notwithstanding the provisions of Section 17.305.03.A, no zoning permit for new, altered, or enlarged principal structures will be issued for any property located in any zone governed by this Chapter unless the provisions of the "Noise and Avigation Easement and Non-suit Covenant" are incorporated into such zoning permit.

C.

Permits.

1.

Proposed Structures. Except for accessory structures meeting the height requirements below, no structure shall be constructed, erected or installed in any zone created by Section 17.305.02.A. until the owner or his/her agent has applied for and obtained a permit from the Zoning Administrator. Application for the permit shall indicate the use of the proposed structure and shall describe and locate the use with sufficient accuracy to determine whether the structure will conform to these regulations. The Zoning Administrator shall issue the permit if all provisions of this Chapter are complied with. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment.

2.

Height Limitations for Accessory Structures - Permit Exemption.

a.

Any accessory structure which is to be constructed within one-half mile of the airport boundary and which will be less than 20 feet high from the lowest point on the ground next to the structure and the highest point on the structure, including any appurtenances, shall be exempt from obtaining a permit.

b.

Any accessory structure which is to be constructed from one-half mile to the three-mile limit of the "Zoning Map for Central Wisconsin Airport, Marathon County, WI" and which will be less than 50 feet high from the lowest point on the ground next to the structure and the highest point on the structure, including any appurtenances, shall be exempt from obtaining a permit.

c.

Accessory structures exceeding these limits including structural or architectural members, masts, poles, antennae, electronic broadcasting or receiving equipment and similar structures shall obtain a permit prior to construction or erection.

3.

Existing Uses. Before any non-conforming structure may be replaced or a structural addition is made, a permit shall be obtained as prescribed by Section 17.305.03.C.1. Authorizing the change, replacement or addition. The permit shall be issued if the structure will not become a greater hazard to air navigation than it was on the effective date of December 29, 1971, or than it was when the application for permit is made.

D.

Nonconforming Uses, Structures and Vegetation.

1.

Pre-Existing Nonconforming Uses. The regulations prescribed in Section 17.305.02.A. and 17.305.03.A. shall not be construed to require the removal, lowering or other change or alteration of any nonconforming structure, or otherwise interfere with the continuance of any nonconforming use, except as otherwise provided by Section 17.305.03.C.2.

2.

Changes. Nothing contained in this Chapter shall require any change in the construction, alteration or intended use of any structure, if the construction or alteration was begun prior to the effective date of December 29, 1971 and if such is diligently prosecuted.

3.

Removal. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain. The Airport Manager shall have the right to trim, prune or remove, at owners' (Marathon and Portage Counties) expense, any tree which was planted after adoption of this Chapter and found in violation of the height restriction for the zone in which it is located.

E.

Administration. The Zoning Administrator or designee shall administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Administrator using forms furnished by his/her or designee. Applications shall be decided within ten days unless F.A.A. approval is requested by the Zoning Administrator. Application for action by the Board of Adjustment shall be transmitted by the Zoning Administrator to the Board for hearing and decision using procedures contained in Title 8.

F.

Hazard Marking and Lighting. If needed to carry out the purpose of this Section, any permit or variance granted under Section 17.305.03.C. or D. may include conditions which require the owner of the structure or trees in question to install, operate and maintain, at the owner's expense, such markers and lights as may be necessary to indicate the presence of an airport hazard to fliers.

G.

Appeals and Review.

1.

Variances. Upon appeal in special cases, the Board of Adjustment may, after investigation and public hearing, grant a variance not to be contrary to the public interest where, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship, and the variance would do substantial justice and would not create a hazard to the safe, normal operation of aircraft.

2.

Aggrieved Person. Any person aggrieved or affected by any decision or action of the Zoning Administrator, may appeal the decision or action to the Board of Adjustment.

3.

Procedure. Any appeal taken pursuant to this Chapter shall be in conformity with the procedure established by § 59.694, Wis. Stats., and the variance and appeals provisions in Title 8.

(O-34-23)