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Rose Town City Zoning Code

ARTICLE IV

- DISTRICTS, ZONES AND MAPS

DIVISION 4. - O-P PARK AND RECREATION ZONE[7]


Footnotes:
--- (7) ---

Cross reference— Parks and recreation, ch. 30.


DIVISION 14. - C-G GENERAL COMMERCIAL ZONE[8]


Footnotes:
--- (8) ---

Cross reference— Businesses, ch. 10.


DIVISION 15. - C-C COMMUNITY COMMERCIAL ZONE[9]


Footnotes:
--- (9) ---

Cross reference— Businesses, ch. 10.


DIVISION 16. - C-S SERVICE COMMERCIAL ZONE[10]


Footnotes:
--- (10) ---

Cross reference— Businesses, ch. 10.


DIVISION 17. - M-G GENERAL MANUFACTURING ZONE[11]


Footnotes:
--- (11) ---

Cross reference— Businesses, ch. 10.


DIVISION 18. - M-I INTENSIVE MANUFACTURING ZONE[12]


Footnotes:
--- (12) ---

Cross reference— Businesses, ch. 10.


Sec. 58-271.- Establishment of zoning districts.

In order to carry out the purpose and provisions of this chapter, zoning districts and zones are established in this article, and may be known by the accompanying abbreviated symbols.

(Ord. No. 76, § 4.01, 3-13-1984)

Sec. 58-272. - O-S open space zoning district.

(a)

The O-S open space zoning district is designed to encourage the preservation, conservation and development of land areas for a wide range of conservation and recreational purposes. The O-S district is further intended to designate forest reserve areas, natural resource lands, shoreline areas for the public benefit, scenic strips adjacent to drives, and parks to accommodate a wide range of activities and uses. The provisions of the O-S district encourage the utilization of agricultural, silvicultural and development practices which preserve environmental quality and enhance the scenic value and recreational opportunities within the county.

(b)

The O-S open space zoning district includes the following zones:

(1)

O-N natural resources preservation zone.

(2)

O-F forestry zone.

(3)

O-P park and recreation zone.

(4)

O-SW shoreland/wetland zone.

(Ord. No. 76, § 4.02, 3-13-1984)

Sec. 58-273. - A agricultural zoning district.

The A agricultural zoning district is designed to provide for and encourage agricultural uses of land, related uses, and certain residential uses in a rural environment. The two zones established in this section are designed to accommodate varying intensities in land use and the proximity to urban developing areas. The A agricultural zoning district includes the following zones:

(1)

AG-* general agricultural zone.

(2)

A-R agricultural residential zone.

(Ord. No. 76, § 4.03, 3-13-1984)

Sec. 58-274. - R residential zoning district.

The R residential zoning district is designed to encourage a suitable environment for family life by permitting under conditions appropriate neighborhood facilities and institutions, and by protecting the residential character against incompatible uses. The R district is further intended to preserve openness and avoid overcrowding by requiring certain minimum yards and yard areas and open spaces, and to make available a variety of dwelling types, densities and locations to serve a wide range of individual housing requirements. The R residential zoning district includes the following zones:

(1)

RS-10 residential single-family zone.

(2)

RS-20 residential single-family zone.

(3)

RM residential multifamily zone.

(4)

RS-P residential single-family planned development zone.

(5)

RM-P residential multifamily planned development zone.

(Ord. No. 76, § 4.04, 3-13-1984)

Sec. 58-275. - C commercial zoning district.

The C commercial zoning district is designed to promote the orderly development of commercial uses in accordance with the growth and development needs of the region. To provide for a wide range of commercial uses of varying intensity, three commercial zones are established within the C zoning district. These zones are designed to accommodate the respective uses and activities provided for in each zone. They are further designed to protect neighboring residential areas by establishing certain minimum yards, yard areas, and parking and loading requirements. The C commercial zoning district includes the following zones:

(1)

C-G general commercial zone.

(2)

C-C community commercial zone.

(3)

C-S commercial service zone.

(Ord. No. 76, § 4.05, 3-13-1984)

Cross reference— Businesses, ch. 10.

Sec. 58-276. - M manufacturing zoning district.

The M manufacturing zoning district is designed according to the principles to provide for a wide range of industrial uses and locations which have suitable access to air, rail and highway transportation facilities; are located in various quadrants of the county to reduce travel time to work and avoid traffic congestion; are located to minimize nuisances and adverse impacts on adjoining land uses, incorporate adequate rights-of-way, open space or other buffers where required to protect neighboring land uses; are located on arterial streets to minimize industrial traffic through residential areas; and are located and sized to meet the requirements of a variety of potential industrial uses. The M manufacturing zoning district includes the following zones:

(1)

M-G general manufacturing zone.

(2)

M-I intensive manufacturing zone.

(Ord. No. 76, § 4.06, 3-13-1984)

Sec. 58-277. - Incorporation of maps.

The location and boundaries of the respective zones are shown on the town zoning maps and accompanying detail maps, and are referred to and referenced as the "Zoning Maps of Waushara County, Wisconsin". The most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer, shall be used in accordance with section 58-392 in determining the location of shoreland/wetland zone boundaries. These maps, together with all explanatory matter and regulations thereon, are an integral part of this chapter and its articles. In the event of a conflict between boundaries shown on a town map and a zoning detail map, the latter shall govern and prevail. Official copies of the zoning maps, together with a copy of this chapter, shall be kept by the zoning administrator and shall be available for public inspection during official hours. These maps shall be certified by the chair of the county board and attested by the county clerk. Any changes or amendments affecting zoning boundaries or explanatory matter shall be recorded on the applicable maps. All such changes shall be made in accordance with the provisions of Wis. Stats. § 59.69, and as subsequently amended, and with this chapter.

(Ord. No. 76, § 4.07, 3-13-1984; Ord. No. 522, 3-9-2010; Ord. No. 610, 4-18-2017)

Sec. 58-278. - Boundaries of zones.

When uncertainty exists with respect to the boundaries of the respective zones as shown on the zoning maps, the following rules shall apply:

(1)

When the width or length of boundaries are not clear, the scale of the map shall determine the approximate dimensions.

(2)

Zone boundaries are normally lot lines, section and quarter section lines and centerlines of streets, highways, railroads or alleys.

(3)

Chapter 18 of this Code shall govern the location of the floodplain zone.

(4)

The board of adjustment, in accordance with the provisions of this chapter, shall hear and decide the precise location of a zone boundary line when such line cannot otherwise be determined.

(Ord. No. 76, § 4.08, 3-13-1984)

Sec. 58-301.- Purpose.

This O-N natural resource preservation zone provides for the conservation and protection of natural resources. Generally this O-N zone includes swamps, marshlands, rivers, lakeshores and other land of natural aesthetic value.

(Ord. No. 76, § 5.01, 3-13-1984)

Sec. 58-302. - Lot size, height, yard and setback regulations.

(a)

Residential lot size. Residential lot sizes in the O-N zone are as follows:

(1)

Minimum area: One acre.

(2)

Minimum width: 150 feet.

(b)

Height. The height limit in the O-N zone shall be 35 feet.

(c)

Yard and setback. Yard and setback regulations in the O-N zone shall be as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 25 feet.

(3)

Minimum rear yard: 50 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 5.02, 3-13-1984)

Sec. 58-303. - Permitted uses.

Permitted uses in the O-N zone are as follows:

(1)

Agricultural, including animal and poultry husbandry, beekeeping, dairying and grazing, field crops, forestry, orchards and wild crop harvesting, truck farming, horticulture and viticulture.

(2)

Fish hatcheries and farm ponds.

(3)

Unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle is permitted as an accessory use to single-family and two-family dwellings, provided that such storage is within 300 feet of such dwelling. Such unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle shall conform to all required water setbacks.

(4)

Wildlife preserves.

(Ord. No. 76, § 5.03, 3-13-1984; Ord. No. 194, § 7, 4-11-1995; Ord. No. 320, 5-8-2001; Ord. No. 635, 3-19-2019)

Sec. 58-304. - Conditional uses.

Conditional uses in the O-N zone are as follows:

(1)

Bait store.

(2)

Camps.

(3)

Hunting or fishing shelter.

(4)

Dwelling, single-family, only as accessory to a principal use.

(5)

Golf course.

(6)

Maple syrup processing plant.

(7)

Reserved.

(8)

Public and semi-public buildings.

(9)

Recreation areas.

(Ord. No. 76, § 5.04, 3-13-1984; Ord. No. 583, 3-17-2015; Ord. No. 610, 4-18-2017; Ord. No. 635, 3-19-2019)

Sec. 58-331.- Purpose.

This O-F forest zone provides for the continuation of forestry practices and related uses in those areas best suited to this activity. The O-F zone is further intended to encourage forestry and to recognize the value of the forest as a recreational resource.

(Ord. No. 76, § 6.01, 3-13-1984)

Sec. 58-332. - Lot size, height, yard and setback regulations.

(a)

Residential lot sizes. Residential lot sizes in the O-F zone are as follows:

(1)

Minimum area: One acre.

(2)

Minimum width: 150 feet.

(b)

Height. The height limit in the O-F zone shall be 35 feet.

(c)

Yard and setback. Yard and setback regulations in the O-F zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 25 feet.

(3)

Minimum rear yard: 50 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 6.02, 3-13-1984)

Sec. 58-333. - Permitted uses.

Permitted uses in the O-F zone are as follows:

(1)

All uses permitted in the O-N zone.

(2)

Debarking operations.

(3)

Maple syrup processing plants.

(4)

Portable sawmill, not to operate in one location in excess of 12 months.

(5)

Unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle is permitted as an accessory use to single-family and two-family dwellings, provided that such storage is within 300 feet of such dwelling. Such unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle shall conform to all required setbacks.

(Ord. No. 76, § 6.03, 3-13-1984; Ord. No. 194, § 7, 4-11-1995; Ord. No. 320, 5-8-2001; Ord. No. 470, 3-13-2007; Ord. No. 635, 3-19-2019)

Sec. 58-334. - Conditional uses.

Conditional uses in the O-F zone are as follows:

(1)

Bait store.

(2)

Blacksmithing.

(3)

Camps.

(4)

Cemetery.

(5)

Dwelling, single-family.

(6)

Dwelling, two-family.

(7)

Golf course.

(8)

Home occupation.

(9)

Reserved.

(10)

Public and semi-public buildings.

(11)

Nonmetallic mining.

(12)

Recreation areas.

(13)

Sawmill, permanent.

(14)

Wind energy facility.

(15)

Storage of unoccupied travel trailers, camping trailers or mobile campers on parcels of ten acres or more on which no single-family or two-family dwelling exists.

(16)

Dog kennel, when located not less than 300 feet from any residential building other than that of the owner of such kennel, his agent or employee.

(17)

Home-based business, accessory to a one- or two-family dwelling.

(Ord. No. 76, § 6.04, 3-13-1984; Ord. No. 289, § 1(6.04), 5-9-2000; Ord. No. 421, 4-12-2005; Ord. No. 438, 3-14-2006; Ord. No. 470, 3-13-2007; Ord. No. 512, 3-10-2009; Ord. No. 576, 3-18-2014; Ord. No. 583, 3-17-2015; Ord. No. 635, 3-19-2019)

Sec. 58-361.- Purpose.

This O-P park and recreation zone provides for the orderly and attractive grouping of recreational oriented service establishments and is further intended to encourage the maintenance and protection of natural resources.

(Ord. No. 76, § 7.01, 3-13-1984)

Sec. 58-362. - Lot size, height, yard and setback regulations.

(a)

Residential lot size. Residential lot sizes in the O-P zone are as follows:

(1)

Minimum area: One acre.

(2)

Minimum width: 150 feet.

(b)

Height. The height limit in the O-P zone is 35 feet.

(c)

Yard and setback. Yard and setback regulations in the O-P zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 25 feet.

(3)

Minimum rear yard: 50 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 7.02, 3-13-1984)

Sec. 58-363. - Permitted uses.

Permitted uses in the O-P zone are as follows:

All uses permitted in the O-N zone.

(Ord. No. 76, § 7.03, 3-13-1984; Ord. No. 194, § 7, 4-11-1995)

Sec. 58-364. - Conditional uses.

Conditional uses in the O-P zone are as follows:

(1)

Bait store.

(2)

Blacksmithing.

(3)

Campgrounds.

(4)

Camps.

(5)

Cemetery.

(6)

Concession stand.

(7)

Debarking operations.

(8)

Dwelling, single-family, only as accessory to a principal use.

(9)

Golf course.

(10)

Reserved.

(11)

Public and semi-public buildings.

(12)

Recreation areas.

(13)

Resorts.

(14)

Sawmill, permanent.

(15)

Stable.

(Ord. No. 76, § 7.04, 3-13-1984; Ord. No. 583, 3-17-2015; Ord. No. 635, 3-19-2019)

Sec. 58-391.- Purpose.

The purpose of the O-SW shoreland-wetland zone is to maintain safe and healthful conditions, to prevent water pollution, to protect fishing spawning grounds and aquatic life and to preserve shore cover and natural beauty. Development in wetlands should be limited. When development is permitted in a wetland, it should occur in a manner that minimizes the adverse impacts upon the wetland. Wetlands provide fish spawning grounds and wildlife habitat. The natural plant and animal communities found in wetlands provide ecological balance to a watercourse. Wetlands help prevent water pollution and flooding problems. The shoreland-wetland zone is an overlay zone, and a shoreland-wetland zoning district as required by NR 115.04 Wisconsin Administrative Code.

(Ord. No. 76, § 8.01, 3-13-1984; Ord. No. 610, 4-18-2017)

Sec. 58-392. - Designation.

(a)

Generally. This O-SW zone includes all shorelands subject to regulation under article VI of this chapter which are designated wetlands as shown on the wetlands maps that have been adopted and made a part of this chapter in section 58-277. Wetlands located in the shoreland area that extend across corporate limits of an adjacent municipality or across the shoreland boundary shall be included in this zone if the total contiguous wetland area is two acres or more.

(b)

Locating shoreland/wetland boundaries. Where an apparent discrepancy exists between the O-SW shoreland/wetland zone boundary shown on the official wetlands maps and the actual field conditions at the time the maps were adopted, the zoning administrator shall contact the appropriate field office of the state department of natural resources to determine if the shoreland/wetland zone as mapped is in error. If the department staff concur with the zoning administrator that particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to immediately grant or deny a land use permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official zoning map, the zoning administrator shall be responsible for initiating a map amendment within a reasonable period of time.

(Ord. No. 76, § 8.02, 3-13-1984; Ord. No. 535, § 1, 10-18-2011; Ord. No. 576, 3-18-2014)

Sec. 58-393. - Permitted uses.

The following uses shall be allowed in the O-SW zone, subject to the general shoreland zoning regulations in article VI of this chapter, the provisions of Wis. Stats. chs. 30 and 31, and the provisions of other state and federal laws, if applicable:

(1)

Activities and uses which do not require the issuance of a land use permit, but which must be carried out without filling, flooding, draining, dredging, ditching, tiling or excavating, are as follows:

a.

Hiking, fishing, trapping, hunting, swimming and boating.

b.

The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.

c.

The practice of silviculture, including the planting, thinning and harvesting of timber.

d.

The pasturing of livestock and construction and maintenance of fences.

e.

The cultivation of agricultural crops.

f.

The construction and maintenance of duck blinds.

g.

The construction and maintenance of piers, docks and walkways, including those built on pilings.

h.

The maintenance, repair, replacement and reconstruction of existing town and county highways and bridges.

(2)

Uses which do not require the issuance of a land use permit and which may involve filling, flooding, draining, dredging, ditching, tiling or excavating to the extent specifically provided as follows:

a.

Temporary water level stabilization measures, in the practice of silviculture, which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.

b.

Dike and dam construction and ditching for the purpose of growing and harvesting cranberries.

c.

Ditching, tiling, dredging, excavating or filling done to maintain or repair existing agricultural drainage systems only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.

d.

The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members, provided that:

1.

The transmission and distribution lines and related facilities cannot as a practical matter be located outside the wetland; and

2.

Any filling, excavating, ditching or draining that is done will be in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.

e.

The construction and maintenance of railroad lines, provided that:

1.

The railroad lines cannot as a practical matter be located outside the wetland.

2.

Any filling, excavating, ditching or draining that is done is necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.

(3)

The following uses may be permitted upon the issuance of a land use permit or a conditional use permit if such use is listed as a conditional use in the underlying zone. A site plan is required for any of the uses listed in this section. The zoning administrator may submit any such plan to the department of natural resources, the U.S. Fish and Wildlife Service, the Soil Conservation Service or any other such agency or organization for review and comment. The zoning administrator may consider any such comments in determining whether to grant or deny a land use permit.

a.

The construction and maintenance of roads which are necessary to conduct silvicultural activities or are necessary for agricultural cultivation, provided that:

1.

The road cannot as a practical matter be located outside the wetland; and

2.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards:

i.

The road is designed and constructed as a single lane roadway with the minimum cross sectional area practical to serve the intended use;

ii.

Road construction activities are carried out in the immediate area of the roadbed only; and

iii.

Any filling, flooding, draining, dredging, ditching, tiling or excavating that is done is necessary for the construction or maintenance of the road.

b.

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation, if such building cannot as a practical matter be located outside the wetland, provided that:

1.

Any such building does not exceed 500 square feet in floor area; and

2.

No filling, flooding, draining, dredging, ditching, tiling or excavating is to be done except for limited excavating and filling necessary to provide structural support for the building.

c.

The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private wildlife habitat areas, provided that:

1.

Any private recreation or wildlife habitat area is used exclusively for that purpose;

2.

No filling is done except for limited filling and grading necessary for construction and maintenance of boat launching ramps and access roads. Such construction shall meet the criteria under subsection (3)a of this section.

3.

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

(Ord. No. 76, § 8.03, 3-13-1984)

Sec. 58-394. - Prohibited uses.

Any use not listed in section 58-393(1), (2) or (3) is prohibited in the O-SW zone, unless the wetland or a portion of the wetland is rezoned by an amendment of this chapter in accordance with the requirements of Wis. Stats. § 59.69(5)(e), Wis. Admin. Code ch. NR 115, and division 4, article II of this chapter.

(Ord. No. 76, § 8.04, 3-13-1984)

Sec. 58-395. - Rezoning of lands.

(a)

For all proposed text and map amendments to the O-SW shoreland/wetland zone, the appropriate district office of the state department of natural resources shall be provided with the following:

(1)

A copy of every petition for a text or map amendment to the O-SW shoreland/wetland zone within five days of the filing of such petition with the county clerk.

(2)

Written notice of the public hearing to be held on a proposed amendment, at least ten days prior to such hearing.

(3)

A copy of the county zoning agency's findings and recommendations on each proposed amendment, within ten days after the submission of those findings and recommendations to the county board.

(4)

Written notice of the county board's decision on the proposed amendment, within ten days after it is issued.

(b)

A wetland, or a portion thereof, in the O-SW shoreland/wetland zone shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:

(1)

Stormwater and floodwater storage capacity;

(2)

Maintenance of dry season streamflow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;

(3)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(4)

Shoreline protection against soil erosion;

(5)

Fish spawning, breeding, nursery or feeding grounds;

(6)

Wildlife habitat; or

(7)

Areas of special recreational, scenic or scientific interest, including scarce wetland types.

(c)

If the state department of natural resources has notified the county zoning agency that a proposed amendment to the O-SW shoreland/wetland zone may have a significant adverse impact upon any of the criteria listed in this division, that amendment, if approved by the county board, shall contain the following provision: "This amendment shall not take effect until more than 30 days have elapsed since written notice of the county board's approval of this amendment was mailed to the state department of natural resources. During that 30-day period, the state department of natural resources may notify the county board that it will adopt a superseding shoreland ordinance for the county under Wis. Stats. § 59.692. If the department does so notify the county board, the effect of this amendment shall be stayed until the adoption procedure under Wis. Stats. § 59.692(6) is completed or otherwise terminated."

(Ord. No. 76, § 8.05, 3-13-1984)

Sec. 58-396. - Setbacks.

All structures (as defined in section 58-9) other than those listed in section 58-393 shall maintain a minimum setback of 50 feet from said structure to any wetlands of two acres or more as shown on the wetlands maps that have been adopted and made a part of this chapter in section 58-277.

(Ord. No. 396, 3-9-2004)

Sec. 58-421.- Purpose and authority.

(a)

The residents of the county, whether served by private wells or municipal supplies, depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this GWPOD groundwater protection overlay district is to institute land use regulations to protect the municipal water supplies, and to promote the public health, safety and general welfare of the residents of the county.

(b)

Statutory authority specified in the GWPOD groundwater protection overlay district was established by Wis. Stats. § 280.21, which specifically added groundwater protection to the statutory authorization for municipal planning and zoning to protect public health, safety and welfare.

(Ord. No. 195, § 1(8.10), 4-11-1995)

Sec. 58-422. - Definitions.

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

Groundwater protection overlay district (GWPOD) means that area contained in the county zoning maps, as indicated by the designation "GWPOD" (groundwater protection overlay district), as submitted by the municipality, and incorporated in this section as if fully set forth.

(Ord. No. 195, § 1(8.12), 4-11-1995)

Cross reference— Definitions generally, § 1-2.

Sec. 58-423. - Intent.

The areas to be protected are indicated on the county zoning maps by the designation "GWPOD." These lands are subject to the most stringent land use and development restrictions because of close proximity to wells and the corresponding high threat of contamination.

(Ord. No. 195, § 1(8.13), 4-11-1995)

Sec. 58-424. - Application of division regulations.

The regulations of this division shall apply to the unincorporated areas of the county that lie within the groundwater protection overlay district for municipal water supply wells, as approved by the county planning and zoning committee, and are in addition to the requirements in the underlying zoning district. If there is a conflict between the regulations of this division and the regulations of the underlying zoning district, the more restrictive provision shall apply.

(Ord. No. 195, § 1(8.11), 4-11-1995)

Sec. 58-425. - Permitted uses.

The following uses are permitted uses within the GWPOD district. Subject to the exemptions, waivers, and unclassified uses listed in section 58-429, uses not listed here or in section 58-426 are considered prohibited, unless a determination of similarity to a permitted or conditional use (based on potential for groundwater contamination) is made by the zoning administrator or zoning committee, as provided for in section 58-429(b).

(1)

Parks and playgrounds, provided that there are no on-site waste disposal or fuel storage tank facilities.

(2)

Wildlife areas.

(3)

Nonmotorized trails, such as biking, skiing, nature and fitness trails.

(4)

Municipally sewered residential land divisions and subdivisions, as defined in section 42-7 of this Code, free of flammable and combustible liquid underground storage tanks, subject to obtaining and following a construction site erosion control and stormwater management plan utilizing standards in the county technical guide adopted by the county land conservation department.

(5)

Unsewered (single-family) residential land divisions, as defined in section 42-7 of this Code, and development on existing lots of record on the effective date of the ordinance from which this division is derived, free of flammable and combustible underground storage tanks, subject to obtaining and following a construction site erosion control and stormwater management plan utilizing standards in the county technical guide adopted by the county land conservation department.

(6)

Agricultural activities, provided that such activities are conducted in accordance with a conservation plan based on the standards contained within the county technical guide and on the potential for groundwater contamination. The need for such a plan shall be determined by the county land conservation department.

(7)

Limited road salting.

(Ord. No. 195, § 1(8.14), 4-11-1995)

Sec. 58-426. - Conditional uses.

The following uses may be allowed as conditional uses within the GWPOD district: Commercial uses served by municipal sanitary sewer except those listed as prohibited in section 58-427, provided that there is proper containment of potential contaminants incorporated into the establishment of such commercial uses.

(Ord. No. 195, § 1(8.15), 4-11-1995)

Sec. 58-427. - Prohibited uses.

The following uses are prohibited within the GWPOD groundwater protection overlay district. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination.

(1)

Animal waste facilities.

(2)

Any manufacturing or industrial businesses.

(3)

Asphalt products manufacturing.

(4)

Bus or truck terminals.

(5)

Bulk fertilizer and/or pesticide facilities.

(6)

Cemeteries.

(7)

Dry cleaning businesses.

(8)

Electroplating facilities.

(9)

Exterminating facilities.

(10)

Retail liquid motor fuel dispensing facilities.

(11)

Hazardous and/or toxic materials storage.

(12)

Hazardous and/or toxic waste facilities.

(13)

Junkyards or auto salvage yards.

(14)

Landfills or waste disposal facilities.

(15)

Paint and coating manufacturing.

(16)

Printing and duplicating businesses.

(17)

Radioactive waste facilities.

(18)

Recycling facilities.

(19)

Repair shops.

(20)

Salt storage.

(21)

Septage and/or sewage sludge spreading.

(22)

Spray wastewater facilities.

(23)

Petroleum product storage tanks.

(24)

Vehicle repair establishments, including auto body repair.

(25)

Wastewater treatment or disposal facilities.

(26)

Basement heating fuel storage tanks.

(Ord. No. 195, § 1(8.16), 4-11-1995)

Sec. 58-428. - Requirements for existing facilities.

Where any of the uses listed in section 58-426 exist within the GWPOD district on the effective date of the ordinance from which this division is derived, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved, and the appropriate permit issued by the zoning department, prior to any work being initiated. Expansion of prohibited uses are subject to the provisions of section 58-235.

(Ord. No. 195, § 1(8.17), 4-11-1995)

Sec. 58-429. - Exemptions, waivers, and unclassified uses.

(a)

Individuals and/or facilities, at their own expense, may request the county to add permitted, conditional, or prohibited uses within the GWPOD district. All requests shall be in writing on forms to be provided by the zoning department, and may be required by the zoning administrator to include an environmental assessment report prepared by a licensed environmental engineer. Such report shall be forwarded to the zoning administrator for recommendation to the county planning and zoning committee and final decision by the board of supervisors, following the text amendment procedures specified in division 5, article II of this chapter.

(b)

Unclassified uses not listed as a permitted or conditional use shall be considered to be prohibited except as provided in this division. Where deemed appropriate, the planning and zoning committee and the zoning administrator shall have the authority to authorize uses not specifically enumerated in this division. Any person aggrieved by these determinations can appeal to the board of adjustment, as authorized by sections 58-104 and 58-106.

(Ord. No. 195, § 1(8.18), 4-11-1995)

Sec. 58-430. - Determinations.

The boundaries of the GWPOD district shall be shown on the maps entitled, "Groundwater Protection Overlay Districts." Boundary determinations for specific properties shall be made by the zoning administrator by scaling distances from these maps.

(Ord. No. 195, § 1(8.19), 4-11-1995)

Sec. 58-431. - Appeals.

Appeals to a boundary determination in the GWPOD district, or any other administrative decision by the zoning administrator or planning and zoning committee, shall be made to the county board of adjustment as provided for in sections 58-104 and 58-106, and supported with appropriate technical documentation as determined by the board of adjustment.

(Ord. No. 195, § 1(8.20), 4-11-1995)

Sec. 58-432. - Enforcement of division provisions.

(a)

If an individual and/or facility causes a release of any contaminants which endanger the GWPOD district, the activity causing such release shall immediately cease, and the individual and/or facility shall immediately initiate a cleanup according to local, state and federal standards, including the county emergency government.

(b)

The individual and/or facility shall be responsible for all costs of cleanup.

(c)

Following any such discharge, the county may require additional environmental and safety monitoring and/or bonds/sureties satisfactory to the director of the county emergency government and the corporation counsel.

(d)

The provisions of sections 58-41 and 58-42, and any other applicable sections relating to enforcement of this chapter shall apply.

(Ord. No. 195, § 1(8.21), 4-11-1995)

Sec. 58-451.- Purpose.

This zone is designed primarily for large scale agricultural uses of land related to the growing of crops and raising of livestock.

(Ord. No. 76, § 9.01, 3-13-1984; Ord. No. 370, 5-13-2003)

Sec. 58-452. - Lot size, height, yard and setback regulations.

(a)

Residential lot size. Residential lot sizes in the A-G-* general agricultural zone are as follows:

(1)

Minimum area: *

*Insert numerical suffix which indicated minimum acreage (Example: AG-5 equals five acres minimum acreage).

(2)

Minimum width: 100 feet.

(b)

Height. The height limit in the A-G-* zone is 35 feet.

(c)

Yard and setback. Yard and setback regulations in the A-G-* zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 20 feet.

(3)

Minimum rear yard: 20 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 9.02, 3-13-1984; Ord. No. 370, 5-13-2003)

Sec. 58-453. - Permitted uses.

Permitted uses in the A-G-* zone are as follows:

(1)

Airstrip.

(2)

General farming including dairying, grazing and livestock and poultry raising, field crops, nurseries, forestry, greenhouses, orchards and wild crop harvesting, beekeeping, truck farming, horticulture, viticulture, and the growing and sales of Christmas trees, greenhouses, and farm markets and the sale of other agricultural and silvicultural products, provided that these products are grown as part of the agricultural operation. No new building or pen for housing or feeding livestock or poultry shall be located within 100 feet of any boundary of a residential lot other than that of the owner, lessee or his employees. New buildings housing animals shall be at least 75 [feet] from any navigable water while barnyards or feedlots shall be at least 100 feet from any navigable water and shall be located to prevent the drainage of manure into any navigable water.

(3)

New dwelling, single-family.

(4)

Home occupations.

(5)

New single-family dwelling established as a second farm residence accessory to the agricultural use, subject to the following limitations:

a.

Such single-family dwelling is used as a single-family dwelling.

b.

Such single-family dwelling is occupied by a person who, or a family at least one member of which, earns a substantial portion of his livelihood from farm operations on the farm parcel, or a parent or child of the operator of the farm.

c.

The occupant of the single-family dwelling shall, at three-year intervals commencing on the date the land use permit for such use was issued, verify on a form provided by the zoning administrator his compliance with subsection (5)b of this section within 30 days of the receipt of such form. If the occupant fails to verify his compliance with subsection (5)b of this section, the zoning administrator shall, within 30 days, notify the occupant and the owner of such single-family dwelling of noncompliance with the provisions of this section. Upon receipt of a notice of noncompliance, the owner shall, within 90 days of the receipt of such notice, bring the single-family dwelling into compliance with subsection (5)b of this section, or cause such single-family dwelling to be removed from the premises.

d.

Such agricultural use meets the definition of Wis. Stats. § 91.01(2).

(6)

Sawmill, temporary.

(7)

Unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle is permitted as an accessory use to single-family and two-family dwellings, provided that such storage is within 300 feet of such dwelling. Such unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle shall conform to all required setbacks.

(8)

Except as otherwise required in this chapter, the storage, handling, refinement, processing, utilization, shipping, distribution, and application of agricultural products, equipment and other materials normally associated with, and considered part of a permitted general farming activity, providing that these products are grown as part of the agricultural operation, as defined in subsection (2) of this section, is considered as permitted uses, as long as the resultant storage, handling, refinement, processing, utilization, shipping, distribution, and application conforms with all other applicable laws and regulations including, but not limited to, the laws and regulations of the DNR, DATCP, EPA, and SARA regulations.

(9)

Housing for migrant workers that complies with Wis. Stats. § 59.694(e).

(Ord. No. 76, § 9.03, 3-13-1984; Ord. No. 159, § 16(9.03(2)), 6-9-1992; Ord. No. 194, § 7, 4-11-1995; Ord. No. 201, 6-13-1995; Ord. No. 289, § 1(9.03), 5-9-2000; Ord. No. 320, 5-8-2001; Ord. No. 470, 3-13-2007; Ord. No. 512, 3-10-2009; Ord. No. 583, 3-17-2015; Ord. No. 591, 3-15-2016; Ord. No. 635, 3-19-2019; Ord. No. 651, 4-21-2020)

Sec. 58-454. - Conditional uses.

Conditional uses in the A-G-* zone are as follows:

(1)

Airport.

(2)

Animal hospital, zoo, rescue, sanctuary, or pound.

(3)

Bed and breakfast establishments.

(4)

Camps.

(5)

Cemetery.

(6)

Cheese factories and dairy processing plants.

(7)

Christmas tree sales (other than sales permitted under subsection 58-453(2)).

(8)

Church or other place of worship.

(9)

Club or lodge.

(10)

Day nursery/kindergarten.

(11)

Dog kennel, when located not less than 300 feet from any residential building other than that of the owner of such kennel, his agent or employee.

(12)

Farm equipment sales and/or service.

(13)

Fish hatchery, commercial.

(14)

Fur farm, when located not less than 300 feet from any residential building other than that of the owner of such fur farm, his agent or employee.

(15)

Garden or nursery store.

(16)

Grain elevator, commercial.

(17)

Housing for migrant workers that is not in compliance with Wis. Stats. § 59.694(e).

(18)

Hunting or fishing shelter.

(19)

Maple syrup processing plant.

(20)

Reserved.

(21)

Nonmetallic mining operations and associated asphalt plants.

(22)

Public or semi-public building.

(23)

Raising or keeping of ten or more animal units on five acres or less land.

(24)

Recreation areas.

(25)

Roadside stand.

(26)

Sawmill, permanent.

(27)

Storage of unoccupied travel trailers, camping trailers or mobile campers on parcels of ten acres or more on which no single-family or two-family dwelling exists.

(28)

Dwelling, two-family.

(29)

Solar or wind energy facility.

(30)

Home-based business, accessory to a one- or two-family dwelling.

(31)

Used dwelling, single-family.

(32)

Agricultural event center.

(33)

Shooting ranges.

(34)

Warehouses, only when located on a state or county highway.

(Ord. No. 76, § 9.04, 3-13-1984; Ord. No. 117, § 1(9.04(31)), 4-4-1989; Ord. No. 159, §§ 17, 18, 6-9-1992; Ord. No. 227, § 2(9.04(33)), 4-8-1997; Ord. No. 269, § 21(9.04(25)), 3-9-1999; Ord. No. 289, § 1(9.04), 5-9-2000; Ord. No. 396, 3-9-2004; Ord. No. 421, 4-12-2005; Ord. No. 470, 3-13-2007; Ord. No. 512, 3-10-2009; Ord. No. 541, 3-20-2012; Ord. No. 576, 3-18-2014; Ord. No. 583, 3-17-2015; Ord. No. 591, 3-15-2016; Ord. No. 624, 3-20-2018; Ord. No. 635, 3-19-2019; Ord. No. 651, 4-21-2020; Ord. No. 676, 4-18-2023)

Sec. 58-481.- Purpose.

This A-R agricultural residential zone is intended to provide a semirural type of environment, allowing for general agricultural use.

(Ord. No. 76, § 10.01, 3-13-1984)

Sec. 58-482. - Lot size, height yard and setback regulations.

(a)

Residential lot size. Residential lot sizes in the A-R zone are as follows:

(1)

Minimum area: one acre.

(2)

Minimum width: 100 feet.

(b)

Height. The height limit in the A-R zone is 35 feet.

(c)

Yard and setback. Yard and setback regulations in the A-R zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 20 feet.

(3)

Minimum rear yard: 20 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 10.02, 3-13-1984)

Sec. 58-483. - Permitted uses.

Permitted uses in the A-R zone are as follows:

(1)

General farming (same as subsection 58-453(2)).

(2)

New dwelling, single-family.

(3)

Home occupation.

(4)

Unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle is permitted as an accessory use to single-family and two-family dwellings, provided that such storage is within 300 feet of such dwelling. Such unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle shall conform to all required setbacks.

(Ord. No. 76, § 10.03, 3-13-1984; Ord. No. 194, § 7, 4-11-1995; Ord. No. 320, 5-8-2001; Ord. No. 470, 3-13-2007; Ord. No. 512, 3-10-2009; Ord. No. 635, 3-19-2019)

Sec. 58-484. - Conditional uses.

Conditional uses in the A-R zone are as follows:

(1)

Bed and breakfast establishments.

(2)

Church or other place of worship.

(3)

Club or lodge.

(4)

Day nursery/kindergarten.

(5)

Dog kennel, when located not less than 300 feet from any residential building other than that of the owner, his agent or employees.

(6)

Dwelling, two-family.

(7)

Public or semi-public building.

(8)

Raising or keeping ten or more animal units on less than five acres.

(9)

Recreation area.

(10)

Roadside stand.

(11)

Cemeteries.

(12)

Used dwelling, single-family.

(Ord. No. 76, § 10.04, 3-13-1984; Ord. No. 159, § 18, 6-9-1992; Ord. No. 269, § 22(10.04(10)), 3-9-1999; Ord. No. 343, 3-12-2002; Ord. No. 396, 3-9-2004; Ord. No. 512, 3-10-2009; Ord. No. 576, 3-18-2014; Ord. No. 583, 3-17-2015; Ord. No. 635, 3-19-2019)

Sec. 58-511.- Purpose.

This RS-10 residential single-family zone is intended to provide a suitable environment for single-family residential development on moderate size lots in areas with public sewer systems.

(Ord. No. 76, § 11.01, 3-13-1984)

Sec. 58-512. - Lot size, height, yard and setback regulations.

(a)

Residential lot size. Residential lot sizes in the RS-10 zone are as follows:

(1)

Minimum area: 10,000 square feet.

(2)

Minimum width: 75 feet.

(b)

Height. The height limit in the RS-10 zone is 35 feet. For height limits on accessory buildings, see section 58-232.

(c)

Yard and setback. Yard and setback regulations in the RS-10 zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 15 feet.

(3)

Minimum rear yard: 20 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 11.02, 3-13-1984; Ord. No. 490, 2-12-2008)

Sec. 58-513. - Permitted uses.

Permitted uses in the RS-10 zone are as follows:

(1)

Agricultural uses including beekeeping, field crops, forestry, orchards and wild crop harvesting, truck farming, horticulture or viticulture.

(2)

New dwelling, single-family.

(3)

Unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle is permitted as an accessory use to single-family and two-family dwellings, provided that such storage is within 300 feet of such dwelling. Such unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle shall conform to all required setbacks.

(Ord. No. 76, § 11.03, 3-13-1984; Ord. No. 194, § 7, 4-11-1995; Ord. No. 320, 5-8-2001; Ord. No. 470, 3-13-2007; Ord. No. 512, 3-10-2009; Ord. No. 635, 3-19-2019)

Sec. 58-514. - Conditional uses.

Conditional uses in the RS-10 zone are as follows:

(1)

Bed and breakfast establishment.

(2)

Club or lodge.

(3)

Day nursery/kindergarten.

(4)

Dwelling, two-family.

(5)

Golf course.

(6)

Home occupation.

(7)

Public or semi-public buildings.

(8)

Recreation areas.

(9)

Roominghouse or boardinghouse.

(10)

Cemeteries.

(11)

Churches.

(12)

Used dwelling, single-family.

(Ord. No. 76, § 11.04, 3-13-1984; Ord. No. 159, § 18, 6-9-1992; Ord. No. 343, 3-12-2002; Ord. No. 396, 3-9-2004; Ord. No. 512, 3-10-2009; Ord. No. 583, 3-17-2015; Ord. No. 635, 3-19-2019)

Sec. 58-541.- Purpose.

This RS-20 residential single-family zone is intended to provide a suitable environment for single-family residential development on large lots in areas without public sewer systems.

(Ord. No. 76, § 12.01, 3-13-1984)

Sec. 58-542. - Lot size, height, yard and setback regulations.

(a)

Residential lot size. Residential lot sizes in the RS-20 zone are as follows:

(1)

Minimum area: 20,000 square feet.

(2)

Minimum width: 100 feet.

(b)

Height. The height limit in the RS-20 zone is 35 feet. For height limits on accessory buildings, see section 58-232.

(c)

Yard and setback. Yard and setback requirements in the RS-20 zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 15 feet.

(3)

Minimum rear yard: 20 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 12.02, 3-13-1984; Ord. No. 490, 2-12-2008)

Sec. 58-543. - Permitted uses.

Permitted uses in the RS-20 zone are as follows:

(1)

Agricultural uses including beekeeping, field crops, forestry, orchards and wild crop harvesting, truck farming, horticulture or viticulture.

(2)

New dwelling, single-family.

(3)

Unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle is permitted as an accessory use to single-family and two-family dwellings, provided that such storage is within 300 feet of such dwelling. Such unoccupied storage of a single camping trailer, mobile camper, houseboat or other recreational vehicle shall conform to all required setbacks.

(4)

Raising or keeping of no more than four domestic chickens for egg production. Chickens shall be housed in an enclosure of not more than 50 square feet with an outside run of not more than 50 additional square feet. Chickens shall not be allowed to range free. All parts of the enclosure and run shall maintain a minimum setback of 20 feet to side and rear lot lines, 75 feet to the OHWM of a navigable body of water, and all pertinent road setbacks as noted in section 58-826 of this Code.

(Ord. No. 76, § 12.03, 3-13-1984; Ord. No. 194, § 7, 4-11-1995; Ord. No. 320, 5-8-2001; Ord. No. 470, 3-13-2007; Ord. No. 512, 3-10-2009; Ord. No. 624, 3-20-2018; Ord. No. 635, 3-19-2019)

Sec. 58-544. - Conditional uses.

Conditional uses in the RS-20 zone are as follows:

(1)

Bed and breakfast establishments.

(2)

Club or lodge.

(3)

Day nursery/kindergarten.

(4)

Dwelling, two-family.

(5)

Golf course.

(6)

Home occupation.

(7)

Public or semi-public buildings.

(8)

Recreation area.

(9)

Roominghouse or boardinghouse.

(10)

Cemeteries.

(11)

Churches.

(12)

Used dwelling, single-family.

(Ord. No. 76, § 12.04, 3-13-1984; Ord. No. 159, § 18, 6-9-1992; Ord. No. 343, 3-12-2002; Ord. No. 396, 3-9-2004; Ord. No. 512, 3-10-2009; Ord. No. 583, 3-17-2015; Ord. No. 635, 3-19-2019)

Sec. 58-571.- Purpose.

This R-M residential multiple-family zone provides for multiple-family dwellings in a residential environment.

(Ord. No. 76, § 13.01, 3-13-1984)

Sec. 58-572. - Lot size, height, yard and setback regulations.

(a)

Generally. The regulations for this R-M zone apply to multiple-family dwellings served by public sewage systems. Multifamily dwellings not served by public sewage systems shall meet the requirements of this section and have an approved private sewage system pursuant to Wis. Admin. Code chs. SPS 382 and 383, and any subsequent amendments thereto. For the purpose of providing safe and adequate access for emergency purposes, any new development in the R-M zone involving more than two dwelling units shall be served by an access road that, at the minimum, meets the design standards identified in section 42-81 of this Code.

(b)

Lot size regulations. Lot size regulations in the R-M zone are as follows:

(1)

Minimum area: 12,000 square feet.

(2)

Minimum width: 75 feet.

(3)

Minimum lot area per dwelling unit: 4,000 square feet.

(c)

Height. The height limit in the R-M zone is 35 feet. One additional foot of height up to a maximum of 60 feet may be permitted, provided that one additional foot of side or rear yard is added for each additional foot of height. Greater heights may be approved by the zoning committee. For height limits on accessory buildings, see section 58-232.

(d)

Yard and setback. Yard and setback regulations in the R-M zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: ten feet.

(3)

Minimum rear yard: 20 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 13.02, 3-13-1984; Ord. No. 490, 2-12-2008; Ord. No. 541, 3-20-2012)

Sec. 58-573. - Permitted uses.

Permitted uses in the R-M zone are as follows:

(1)

Agricultural uses including beekeeping, field crops, forestry, orchards and wild crop harvesting, truck farming, horticulture or viticulture.

(2)

Dwelling, multiple-family and duplex.

(3)

Dwelling, single-family.

(Ord. No. 289, § 1(13.03), 5-9-2000; Ord. No. 320, 5-8-2001; Ord. No. 512, 3-10-2009; Ord. No. 635, 3-19-2019)

Sec. 58-574. - Conditional uses.

Conditional uses in the R-M zone are as follows:

(1)

Bed and breakfast establishments.

(2)

Day nursery/kindergarten.

(3)

Golf course.

(4)

Home occupation.

(5)

Mobile home park.

(6)

Public and semi-public buildings.

(7)

Retail consumer goods, sales and service conducted solely for the convenience of the resident of a multifamily dwelling.

(8)

Roominghouses or boardinghouses.

(9)

Cemeteries.

(10)

Churches.

(11)

Used dwelling, single-family, multiple-family and duplex.

(Ord. No. 76, § 13.04, 3-13-1984; Ord. No. 159, § 18, 6-9-1992; Ord. No. 343, 3-12-2002; Ord. No. 396, 3-9-2004; Ord. No. 512, 3-10-2009; Ord. No. 635, 3-19-2019)

Sec. 58-601.- Purpose.

The purpose of the RS-P single-family planned development zone is to provide the means whereby land may be planned and developed as a unit for residential uses under standards and conditions which encourage good design and promote a stable living environment. The RS-P zone is intended to permit flexibility and variety in development, to encourage the preservation of natural features and open space, and to minimize present and future burdens on the community as a whole which result from poor planning. Such developments shall be site designed as a complete unit, but may be actually developed by subunit in accordance with the overall site plan. The RS-P zone is intended to permit moderate density single-family development in attached or detached dwelling units.

(Ord. No. 76, § 14.01, 3-13-1984)

Sec. 58-602. - Basic development standards.

(a)

Generally. The requirements established for this RS-P zone apply to planned residential developments served by public sewer systems. Developments not served by public sewer systems shall meet the requirements of this section and Wis. Admin. Code chs. SPS 382 and 383, and any subsequent amendments thereto, whichever is more restrictive.

(b)

Minimum area. The minimum area to be designated as an RS-P planned residential development shall be five acres.

(c)

Minimum width. There is no minimum width, except that all RS-P planned residential developments shall abut on a public street.

(d)

Maximum height. The maximum height in the RS-P zone is 35 feet.

(e)

Density. Density in the RS-P zone shall not exceed six dwelling units per acre of net buildable area. The net buildable area shall be determined by subtracting the area occupied by streets, driveways, parking areas, navigable streams, wetlands, and the applicable front, side and rear yard and water setbacks from the gross acreage of the land parcel designated as a planned residential development.

(f)

Lot requirements. Each dwelling unit in the RS-P zone shall be located on a lot of record in a recorded subdivision plat. Lot areas for attached dwelling units shall be designated by broken lines on the plot plan. The minimum lot width shall be 20 feet.

(g)

Yard and setback requirements. Yard and setback requirements in the RS-P zone are as follows:

(1)

Minimum front yard: All structures abutting a through street shall meet the setback requirements of section 58-826. All structures abutting on a private street or a street terminating in a cul-de-sac shall have a minimum setback of 15 feet.

(2)

Minimum side and rear yard: Structures shall be set back a minimum of 25 feet from the external lot lines of the planned residential zone. There are no yard requirements for interior lots, except that no portion of any structure containing a cluster or grouping of single-family attached dwelling units, or accessory structures thereto may be located within 25 feet of any other such structure, and no single-family detached dwelling unit or accessory structure thereto shall be located within 25 feet of any other such structure.

(3)

Minimum water setback: 75 feet.

(4)

Minimum yard area: Each dwelling unit shall have one yard not less than 1,000 square feet in area that is reasonably secluded from the street and neighboring units and not used for any accessory building or parking.

(h)

Design criteria. A site plan containing the information listed in section 58-164 is required for the RS-P zone. Not more than eight dwelling units shall be contiguous or in one series or group. Attached dwelling units shall be designed to provide variety of front lines, rooflines, and architectural treatment to minimize the monotonous or lined-up appearance of such structures.

(i)

Unified control. All land included for an RS-P planned residential development shall be under the legal control of the applicant, whether that applicant be an individual, partnership, corporation or group of individuals, partnerships or corporations. The applicant shall state agreement to:

(1)

The provisions of this chapter and any conditions which may be attached to the site plan;

(2)

Provide agreements, contracts, deed restrictions, and sureties acceptable to the county for completion of the development according to the approved plans, and maintenance of such areas, functions and facilities as area not to be provided, operated and maintained at public expense; and

(3)

Bind their successors in title to any commitments made under this chapter.

All such agreements and evidence of unified control shall be examined by the corporation counsel, and no planned residential area shall be approved without certification by the corporation counsel that such agreements and evidence of unified control meet the requirements of this chapter.

(j)

Open space. A minimum of 20 percent of the developable area in the RS-P zone shall be dedicated as common open space. The developable area shall be determined by subtracting the area occupied by streets, driveways, parking areas, navigable streams and wetlands from the gross acreage of the land parcel designated as a planned residential development. Dedication of open space may be accomplished by conveyance in common to each of the owners of lots in the development, or to a corporation formed by them, or by dedication to and acceptance by the county, town or municipality. If the land is to be conveyed to the owners of lots in the development, a homeowners association or similar legally created body shall be created to maintain the open space land. Any restrictions places on platted land by covenant, grant of easement or any other manner which was required by a public body as grantee, promisee or beneficiary, shall vest in the public body the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction.

(k)

Access road. For purposes of providing safe and adequate access for emergency purposes, any new development in the RS-P zone involving more than two dwelling units shall be served by an access road that, at the minimum, meets the design standards identified in section 42-81 of this Code.

(Ord. No. 76, § 14.02, 3-13-1984; Ord. No. 269, § 19, 3-9-1999; Ord. No. 300, § 14.02(4), (9), 9-12-2000; Ord. No. 541, 3-20-2012)

Sec. 58-603. - Permitted uses.

Permitted uses in the RS-P zone are all those uses permitted in the RS-10 zone.

(Ord. No. 76, § 14.03, 3-13-1984)

Sec. 58-604. - Conditional uses.

Conditional uses in the RS-P zone are all those uses listed as conditional uses in the RS-10 zone.

(Ord. No. 76, § 14.04, 3-13-1984)

Sec. 58-631.- Purpose.

The purpose of the RM-P residential multifamily planned development zone is to provide the means whereby land may be planned and developed as a unit for residential uses under standards and conditions which promote a stable living environment. The RM-P zone is intended to permit flexibility and variety in development at increased densities, to encourage the preservation of natural features and open space, and to minimize present and future burdens on the community as a whole which result from poor planning.

(Ord. No. 76, § 15.01, 3-13-1984)

Sec. 58-632. - Basic development standards.

(a)

Generally. The requirements established for this RM-P zone apply to developments served by public sewer systems. Developments not served by public sewer systems shall meet the requirements of this section and have an approved private sewage system pursuant to Wis. Admin. Code chs. SPS 382 and 383, and subsequent amendments thereto.

(b)

Minimum area. The minimum area to be designated as an RM-P planned residential development shall be five acres.

(c)

Minimum width. There is no minimum width, except that all RM-P planned residential developments shall abut on a public street.

(d)

Maximum height. The maximum height in the RM-P zone is 35 feet. One additional foot of height up to a maximum height of 60 feet may be permitted, provided that one foot of side or rear yard is added for each additional foot of height. Greater heights may be approved by the zoning committee. At no time shall the building height exceed 35 feet within the required shoreland setback.

(e)

Density. Density in the RM-P zone shall not exceed 20 dwelling units per acre of net buildable area. The net buildable area shall be determined by subtracting the area occupied by streets, driveways, parking areas, navigable streams, wetlands, and the applicable front, side and rear yard and water setbacks from the gross acreage of the land parcel designated as a planned residential development.

(f)

Lot requirements. There are no lot requirements in the RM-P zone.

(g)

Yard and setback requirements. Yard and setback requirements in the RM-P zone are as follows:

(1)

Minimum front yard: All structures abutting a through street shall meet the setback requirements of section 58-826. All structures abutting a private street or a street terminating in a cul-de-sac shall have a minimum setback of 15 feet.

(2)

Minimum side and rear yard: Structures shall be set back a minimum of two times the height of such structure from the external lot lines of the planned residential zone.

(3)

Minimum water setback: 75 feet.

(h)

Design criteria. A site plan containing the information listed in section 58-164 is required in the RM-P zone.

(i)

Unified control. RM-P residential multifamily planned developments shall meet the requirements for unified control established under subsection 58-602(i).

(j)

Open space. RM-P residential multifamily planned developments shall meet the requirements for open space established under subsection 58-602(j).

(k)

Access road. For the purposes of providing safe and adequate access for emergency purposes, any new development in the RM-P zone involving more than two dwelling units shall be served by an access road that, at the minimum, meets the design standards identified in section 42-81 of this Code.

(Ord. No. 76, § 15.02, 3-13-1984; Ord. No. 269, § 20, 3-9-1999; Ord. No. 300, § 15.02(4), 9-12-2000; Ord. No. 541, 3-20-2012; Ord. No. 635, 3-19-2019)

Sec. 58-633. - Permitted uses.

Permitted uses in the RM-P zone are as follows:

(1)

Agricultural uses including beekeeping, field crops, forestry, orchards and wild crop harvesting, truck farming, horticulture or viticulture.

(2)

New dwelling, multifamily.

(3)

New dwelling, single-family.

(4)

Park, playground or playfield.

(5)

Signs: Types 1, 3, 6.

(Ord. No. 76, § 15.03, 3-13-1984; Ord. No. 320, 5-8-2001; Ord. No. 512, 3-10-2009)

Sec. 58-634. - Conditional uses.

Conditional uses in the RM-P zone are all conditional uses listed in the R-M zone.

(Ord. No. 76, § 15.04, 3-13-1984)

Sec. 58-661.- Purpose.

This C-G general commercial zone provides for uses found in small commercial areas as located throughout the county.

(Ord. No. 76, § 16.01, 3-13-1984)

Sec. 58-662. - Lot size, height, yard and setback regulations.

(a)

Lot size. Lot sizes in the C-G zone are as follows:

(1)

Minimum area: None.

(2)

Minimum width: 75 feet.

(b)

Maximum height. Maximum height in the C-G zone is 35 feet. One additional foot of height up to a maximum height of 60 feet may be permitted, provided that one additional foot of side or rear yard is added for each additional foot of height. For permitted structures greater than 60 feet in height, the setback for side yard, rear yard, and roadway shall be 75 percent of the height of the structure.

(c)

Yard and setback. Yard and setback regulations in the C-G zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: None, except when adjoining O, R, A and M zones where the setback shall be according to the adjoining zone.

(3)

Minimum rear yard: None.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 16.02, 3-13-1984; Ord. No. 591, 3-15-2016; Ord. No. 651, 4-21-2020)

Sec. 58-663. - Permitted uses.

Permitted uses in the C-G zone are as follows:

(1)

Banks and similar services.

(2)

Bed and breakfast establishments.

(3)

Business and professional offices and studios.

(4)

Dental and medical clinics.

(5)

New dwelling, single-family, only as accessory to a principal use.

(6)

Funeral homes.

(7)

Garages for the storage of vehicles used in conjunction with a permitted use.

(8)

Laundromats.

(9)

Restaurant.

(10)

Retail stores and shops offering convenience goods and services, this includes gas stations and associated convenience stores provided no automotive repair or other similar services are provided.

(11)

Semi-public uses such as fire station, police station, administrative building or similar uses according to definition.

(12)

Warehouses.

(13)

Adult-oriented establishments, if established in accordance with the provisions contained in section 58-834 of this Code.

(Ord. No. 76, § 16.03, 3-13-1984; Ord. No. 159, § 19, 6-9-1992; Ord. No. 320, 5-8-2001; Ord. No. 343, 3-12-2002; Ord. No. 464, 11-14-2006; Ord. No. 512, 3-10-2009; Ord. No. 554, 3-19-2013; Ord. No. 635, 3-19-2019)

Sec. 58-664. - Conditional uses.

Conditional uses in the C-G zone are as follows:

(1)

Amusement parks including baseball batting ranges, commercial skating rinks, go-cart tracks, golf driving ranges, miniature golf courses or similar establishments.

(2)

Auto, truck, and farm equipment service and repair operations.

(3)

Commercial entertainment facilities.

(4)

Commercial recycling operations.

(5)

Drive-in restaurant.

(6)

Farm equipment sales and service.

(7)

Hotels and motels.

(8)

New and used car sales.

(9)

Outdoor theaters.

(10)

Roominghouse or boardinghouse.

(11)

Taverns.

(12)

Transportation terminals.

(13)

Wholesaling establishments.

(Ord. No. 76, § 16.04, 3-13-1984; Ord. No. 396, 3-9-2004; Ord. No. 512, 3-10-2009; Ord. No. 554, 3-19-2013; Ord. No. 576, 3-18-2014; Ord. No. 635, 3-19-2019)

Sec. 58-691.- Purpose.

This C-C community commercial zone provides for uses found in the central business district of small communities.

(Ord. No. 76, § 17.01, 3-13-1984)

Sec. 58-692. - Lot size, height, yard and setback regulations.

(a)

Lot size. Lot size regulations in the C-C zone are as follows:

(1)

Minimum area: none.

(2)

Minimum width: 75 feet.

(b)

Maximum height. The maximum height in the C-C zone is 35 feet. One additional foot of height up to a maximum height of 60 feet may be permitted, provided that one additional foot of side or rear yard is added for each additional foot of height. For permitted structures greater than 60 feet in height, the setback for side yard, rear yard, and roadway shall be 75 percent of the height of the structure.

(c)

Yard and setback. Yard and setback regulations in the C-C zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: none, except when adjoining O, R, A and M zones where the setback shall be according to the adjoining zone.

(3)

Minimum rear yard: none.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 17.02, 3-13-1984; Ord. No. 591, 3-15-2016; Ord. No. 651, 4-21-2020)

Sec. 58-693. - Permitted uses.

Permitted uses in the C-C zone are as follows:

(1)

Banks and similar services.

(2)

Bed and breakfast establishments.

(3)

Business and professional offices and studios.

(4)

Dental and medical clinics.

(5)

Funeral homes.

(6)

Laundromats.

(7)

Semi-public uses such as fire station, police station, administrative building or similar uses according to definition.

(8)

Dwelling, single-family only as accessory to a principal use.

(9)

Retail stores and shops offering convenience goods and services.

(10)

Adult-oriented establishments, if established in accordance with the provisions contained in section 58-834 of this Code.

(Ord. No. 76, § 17.03, 3-13-1984; Ord. No. 159, § 19, 6-9-1992; Ord. No. 320, 5-8-2001; Ord. No. 343, 3-12-2002; Ord. No. 464, 11-14-2006; Ord. No. 512, 3-10-2009; Ord. No. 635, 3-19-2019)

Sec. 58-694. - Conditional uses.

Conditional uses in the C-C zone are as follows:

(1)

Auto service stations.

(2)

Commercial entertainment facilities.

(3)

Hotels.

(4)

New and used car sales.

(5)

Roominghouse or boardinghouse.

(6)

Taverns.

(7)

Transportation terminals.

(8)

Warehouses.

(9)

Wholesaling establishments.

(Ord. No. 76, § 17.04, 3-13-1984; Ord. No. 343, 3-12-2002; Ord. No. 396, 3-9-2004; Ord. No. 512, 3-10-2009; Ord. No. 576, 3-18-2014; Ord. No. 635, 3-19-2019)

Sec. 58-721.- Purpose.

This C-S service commercial zone provides for commercial service type uses, uses specifically oriented towards the traveler, tourist or vacationer.

(Ord. No. 76, § 18.01, 3-13-1984)

Sec. 58-722. - Lot size, height, yard and setback regulations.

(a)

Lot size. Lot size regulations in the C-S zone are as follows:

(1)

Minimum area: 10,000 square feet.

(2)

Minimum width: 75 feet.

(b)

Maximum height. The maximum height in the C-S zone is 35 feet. One additional foot of height up to a maximum height of 60 feet may be permitted, provided that one additional foot of side or rear yard is added for each additional foot of height. For permitted structures greater than 60 feet in height, the setback for side yard, rear yard, and roadway shall be 75 percent of the height of the structure.

(c)

Yard and setback. Yard and setback regulations in the C-S zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: none, except when adjoining O, R, A and M zones where the setback shall be according to the adjoining zone.

(3)

Minimum rear yard: 20 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 18.02, 3-13-1984; Ord. No. 591, 3-15-2016)

Sec. 58-723. - Permitted uses.

Permitted uses in the C-S zone are as follows:

(1)

Bed and breakfast establishments.

(2)

Boat sales and service.

(3)

Business and professional offices and studios.

(4)

Club or lodge.

(5)

Retail stores and shops offering convenience goods and services.

(6)

Swimming pool, public.

(Ord. No. 76, § 18.03, 3-13-1984; Ord. No. 159, § 19, 6-9-1992; Ord. No. 320, 5-8-2001; Ord. No. 635, 3-19-2019)

Sec. 58-724. - Conditional uses.

Conditional uses in the C-S zone are as follows:

(1)

Amusement parks including baseball batting ranges, commercial skating rink, go-cart track, golf driving range, golf pitch-and-putt course and similar establishments.

(2)

Auto, truck and farm equipment service and repair operations.

(3)

Boat liveries.

(4)

Commercial entertainment facilities.

(5)

Commercial recycling operation.

(6)

Hotels and motels.

(7)

Marinas.

(8)

Semi-public and public uses such as fire station, police station, administrative building or similar uses according to definition.

(9)

Taverns.

(10)

Dwelling, single-family, only as an accessory to a principal use.

(11)

Warehouses.

(Ord. No. 76, § 18.04, 3-13-1984; Ord. No. 343, 3-12-2002; Ord. No. 396, 3-9-2004; Ord. No. 512, 3-10-2009; Ord. No. 576, 3-18-2014; Ord. No. 635, 3-19-2019)

Sec. 58-751.- Purpose.

This M-G general manufacturing zone is intended for any manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the county as a whole by reason of noise, dirt, smoke, odor, traffic, physical appearance or any other similar features.

(Ord. No. 76, § 19.01, 3-13-1984)

Sec. 58-752. - Lot size, height, yard and setback regulations.

(a)

Lot size. Lot sizes in the M-G zone are as follows:

(1)

Minimum area: 20,000 square feet.

(2)

Minimum width: 150 feet.

(b)

Maximum height. The maximum height in the M-G zone is 35 feet. One additional foot of height up to a maximum height of 60 feet may be permitted, provided that one additional foot of side or rear yard is added for each additional foot of height. For permitted structures greater than 60 feet in height, the setback for side yard, rear yard, and roadway shall be 75 percent of the height of the structure.

(c)

Yard and setback. Yard and setback requirements in the M-G zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 20 feet.

(3)

Minimum rear yard: 20 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 19.02, 3-13-1984; Ord. No. 591, 3-15-2016)

Sec. 58-753. - Permitted uses.

Permitted uses in the M-G zone are as follows:

(1)

Automotive heavy repair and upholstery.

(2)

Cleaning, pressing and dying establishments.

(3)

Commercial bakeries.

(4)

Commercial greenhouses.

(5)

Commercial recycling operations.

(6)

Distributors.

(7)

Farm machinery sales and/or service.

(8)

Food locker plants.

(9)

Laboratories.

(10)

Machine shops.

(11)

Manufacture and bottling of nonalcoholic beverages.

(12)

Manufacture, fabrication, processing, packaging and packing of:

a.

Confections.

b.

Cosmetics.

c.

Electrical appliances.

d.

Electronic devices.

e.

Food, except cabbage, fish and fish products, meat and meat products.

f.

Pea vining.

g.

Jewelry.

h.

Instruments.

i.

Pharmaceuticals.

j.

Tobacco.

k.

Toiletries.

(13)

Manufacture, fabrication, packing, packaging, and assembly of products from:

a.

Furs.

b.

Glass.

c.

Leather.

d.

Metals.

e.

Paper.

f.

Plaster.

g.

Plastics.

h.

Textiles.

i.

Tobacco.

j.

Wood.

(14)

Printing or publishing.

(15)

Storage and sale of machinery and equipment.

(16)

Trade and contractors' offices.

(17)

Warehousing and wholesaling.

(18)

Office, storage, power supply and other such uses normally incidental to the principal use.

(Ord. No. 76, § 19.03, 3-13-1984; Ord. No. 320, 5-8-2001; Ord. No. 635, 3-19-2019)

Sec. 58-754. - Conditional uses.

Conditional uses in the M-G zone are as follows:

(1)

Airport.

(2)

Animal hospitals.

(3)

Commercial service facilities such as restaurants and fueling stations if oriented toward servicing the surrounding industrial uses.

(4)

Incinerator, public.

(5)

Public and semi-public buildings.

(6)

Solid and hazardous waste disposal, processing, storage and transfer facilities.

(Ord. No. 76, § 19.04, 3-13-1984; Ord. No. 396, 3-9-2004; Ord. No. 635, 3-19-2019)

Sec. 58-781.- Purpose.

This M-I intensive manufacturing zone is intended to provide for uses which by their nature can exhibit characteristics harmful, noxious, or detrimental to surrounding uses.

(Ord. No. 76, § 20.01, 3-13-1984)

Sec. 58-782. - Lot size, height, yard and setback regulations.

(a)

Lot size. Lot size regulations in the M-I zone are as follows:

(1)

Minimum area: 20,000 square feet.

(2)

Minimum width: 150 feet.

(b)

Maximum height. The maximum height in the M-I zone is 35 feet. One additional foot of height up to a maximum height of 60 feet may be permitted, provided that one additional foot of side or rear yard is added for each additional foot of height. Greater heights may be approved by the zoning committee. For permitted structures greater than 60 feet in height, the setback for side yard, rear yard, and roadway shall be 75 percent of the height of the structure.

(c)

Yard and setback. Yard and setback regulations in the M-I zone are as follows:

(1)

Minimum front yard: See section 58-826 (highway setback).

(2)

Minimum side yard: 20 feet.

(3)

Minimum rear yard: 20 feet.

(4)

Minimum water setback: 75 feet.

(Ord. No. 76, § 20.02, 3-13-1984; Ord. No. 591, 3-15-2016)

Sec. 58-783. - Permitted uses.

Permitted uses in the M-I zone are as follows:

(1)

All those uses permitted in the M-G general manufacturing zone.

(2)

Freight yards and depots.

(3)

Breweries.

(4)

Inside storage.

(Ord. No. 76, § 20.03, 3-13-1984; Ord. No. 320, 5-8-2001; Ord. No. 635, 3-19-2019)

Sec. 58-784. - Conditional uses.

Conditional uses in the M-I zone are as follows:

(1)

The manufacturing and processing of:

Abrasives

Acetylene

Acid

Alkalies

Ammonia

Asbestos

Asphalt

Batteries

Bedding

Bleach

Bone

Cabbage

Candles

Carpeting

Celluloid

Cement

Cereals

Charcoal

Chemicals

Chlorine

Coal

Coffee

Coke

Cordage

Creosote

Dextrine

Disinfectant

Dye

Excelsior

Felt

Fish

Fuel

Furs

Gelatin

Glucose

Gypsum

Hair products

Ice

Ink

Lampblack

Lime

Lime products

Linoleum

Matches

Meat

Oil cloth

Paint

Paper

Peas

Perfume

Pesticides

Pickle

Plaster of Paris

Plastics

Poison

Polish

Potash

Pulp

Pyroxylin

Radium

Rope

Rubber

Sausage

Shoddy

Shoe and lampblacking

Size

Starch

Stove polish

Textiles

Varnish

(2)

The manufacturing, processing and storage of:

Building materials

Dry ice

Explosives

Fat

Fertilizer

Flammables

Gasoline

Glue

Grains

Grease

Lard

Plastics

Radioactive materials

Shellac

Solid and hazardous waste disposal and transfer facilities

Soap

Turpentine

Vinegar

Yeast

(3)

Animal reduction

(4)

Bag cleaning

(5)

Bleacheries

(6)

Bone distillation

(7)

Canneries

(8)

Coal storage yards

(9)

Cold storage warehouses

(10)

Electric and steam generating plants

(11)

Electroplating

(12)

Enameling

(13)

Forges

(14)

Foundries

(15)

Incinerators

(16)

Lacquering

(17)

Lithographing

(18)

Manufacturing and bottling of alcoholic beverages

(19)

Oil storage depot

(20)

Refineries

(21)

Road test facilities

(22)

Salvage yards

(23)

Sanitary landfills

(24)

Sawmills

(25)

Slaughterhouses

(26)

Smelting

(27)

Stockyards

(28)

Textiles

(29)

Tanneries

(30)

Mining of metallic materials

(Ord. No. 76, § 20.04, 3-13-1984; Ord. No. 396, 3-9-2004; Ord. No. 554, 3-19-2013; Ord. No. 635, 3-19-2019)