The use of any land or water; the size, shape, and placement of lots; the use, size, height, type, and location of structures thereon; and the provisions for open spaces shall be in compliance with the regulations set forth on the "Official Zoning Map, Shoreland-Wetland Map and Floodplain Maps, Burnett County, Wisconsin," and in the text of this chapter.

(Res. No. 2018-16, 6-5-2018)

(a)

All state and U.S. numbered highways are hereby designated class A highways. The setback line for class A highways and for any other roads designated as major roads on official maps in effect in the county shall be 66 feet from road right-of-way as established by a Wisconsin licensed professional land surveyor or 130 feet from centerline when no survey exists.

(b)

All county trunk highways not otherwise designated as class A highways are hereby designated class B highways. The setback for class B highways and for roads designated as arterial roads on official maps in effect in the county shall be 42 feet from road right-of-way as established by a Wisconsin licensed professional land surveyor or 75 feet from centerline when no survey exists.

(c)

All town roads not otherwise designated class A or class B highways are hereby designated class C highways. The setback for class C highways and for streets other than major and arterial roads designated as such on official maps in effect in the county shall be 30 feet from road right-of-way as established by a Wisconsin licensed professional land surveyor or 63 feet from centerline when no survey exists.

(d)

A setback equal to the average setback of all existing principal buildings located within 300 feet of a proposed building site and on the same side of the road for class A, class B and class C highways, shall be permitted where three of these buildings do not conform to the appropriate setback line. The proposed principal building shall not be constructed closer than 25 feet to the right-of-way unless allowed per subsection (h).

(e)

When deemed necessary by the county land use and information committee in connection with development such as highway improvement programs, property owners and public utilities may be required to remove, at their own expense and without right of compensation, any structures erected within setback lines.

(f)

Any proposed or planned roads (e.g., frontage roads, service roads, access roads, etc.) indicated in the county land use/zoning maps shall require all buildings to meet the required setbacks designated above. Any proposed or planned roads not designated shall be considered class C highways for setback purposes.

(g)

Structural setbacks from privately constructed roads (except individual driveways) shall be 40 feet from the centerline of the physical road or center of the easement when applicable.

(h)

Within the unincorporated village overlay district a minimum structural setback distance of ten feet from the right-of-way line of any street, road or alley shall be maintained. Special structural setback reductions will be permitted within the unincorporated village overlay if there are at least three existing principal buildings, built to less than the required setback (ten feet), within 300 feet on either side of the proposed site, the reduced setback may be equal to but no closer than the setback of the closest adjacent principal building.

(i)

Public utility equipment without permanent foundations are allowed, such as; overhead telephone, overhead electric, open fences less than ten feet in height, underground telephone, underground electric, underground fiber optic, underground gas, underground public sewer, underground public water as long as they have approval from the department/agency who has oversight of the highway/road that it will not be a safety hazard. Public utility equipment with foundations and roofed or enclosed buildings must be at least ten feet from any property line and must have approval from the department/agency that has oversight of the highway/road that it will not be a safety hazard. No roofed or enclosed building shall be more than ten feet in height. When deemed necessary by the county land use and information committee in connection with development such as highway improvement programs, property owners and public utilities may be required to remove, at their own expense and without right of compensation, any such structures erected within setback lines. No public/private utility pole, tower or structure located within any road right-of-way shall exceed a height of 75 feet.

(Res. No. 2018-16, 6-5-2018)

Only one principal structure is allowed per parcel. In commercial and industrial districts more than one principal structure is allowed provided that the maximum potential density, as demonstrated by survey, is not being exceeded.

(Res. No. 2018-16, 6-5-2018)

Heights of the following structures may exceed chapter limits for the district in which they are to be located with the approval of the county land use and information committee via conditional use permit: cooling towers, stacks, lookout towers, utility towers, water towers, spires, commercial radio and commercial television aerials, masts, antennas and necessary mechanical appurtenances.

(Res. No. 2018-16, 6-5-2018)

(a)

After adoption of this chapter, no lot area shall be so reduced that the dimensional and yard requirements required by this chapter cannot be met. Lots existing and of record prior to adoption of this chapter, but of substandard size, may be devoted to uses permitted in the district in which located.

(b)

Substandard lots. A legally created lot or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all the following apply:

(1)

The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat or survey pursuant to Wis. Stats. § 236.

(2)

The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. Removing a structure or structures placed partly upon adjacent lot or parcel does not make the lots/parcels separate.

(3)

The substandard lot or parcel is developed to comply with all other ordinance requirements.

(c)

Lots created after adoption of this chapter and which are not served by public sewer systems shall meet minimum requirements of the Burnett County Ordinances.

(Res. No. 2018-16, 6-5-2018)

(a)

Any permanent structure serving as an accessory use, if attached to the principal building, shall be considered a part of the principal building. If such structure is not attached to the principal building, it shall conform to the setback and other dimensional requirements of the district within which it is located.

(b)

A single (one per lot/parcel) bunkhouse/temporary guest quarters will be permitted by land use permit where:

(1)

The bunkhouse/temporary guest quarters shall be located within or as part of an accessory structure.

(2)

The bunkhouse/temporary guest quarters shall not exceed 50 percent of the gross floor area of the accessory structure with a maximum of 499 square feet of habitable floor area. Square footage is measured as all area within the exterior walls of the habitable area and all area within the exterior walls of the entire area of the structure. Enclosed porches will be included in these amounts, decks will not be included in these amounts. Although not habitable by definition bathrooms, utility rooms, kitchens, entry ways, closets and interior stairwells will be included in the square footage not to exceed 499. Storage area must be separate and segregated from any habitable area (can have a door from the habitable area to the storage area).

(3)

All setback requirements are met including road, property line and wetland.

(4)

Minimum average lot width of 100 feet and minimum lot area of 30,000 square feet are provided.

(5)

Plumbing, if installed, conforms to the county sanitary code.

(6)

Leasing, rental or use as a residence is strictly prohibited.

(7)

A document is recorded outlining use restrictions.

(8)

The lot/parcel does not exceed the principal building density allowed.

(9)

Not allowed in commercial or industrial districts.

(10)

The POWTS on the lot must be sized to handle the number of occupants in the principal structure.

(c)

A single (one per lot/parcel) independent bunkhouse/temporary guest quarters will be permitted by land use permit where:

(1)

The structure does not exceed 250 square feet of footprint. Square footage is measured as the exterior wall area of the structure. Enclosed porches will be included in this amount, decks will not be included in these amounts. Entry ways and interior stairwells will be included in the square footage not to exceed 250.

(2)

Plumbing of the structure would be prohibited.

(3)

All setback requirements are met including road, property line and wetland.

(4)

Minimum average lot width of 100 feet and minimum lot area of 20,000 square feet are provided.

(5)

Leasing, rental or use as a residence is strictly prohibited.

(6)

A document is recorded outlining use restrictions.

(7)

The lot/parcel does not exceed the principal building density allowed.

(8)

Not allowed in Commercial or Industrial districts.

(9)

The height limit shall not exceed 20 feet as measured in Chapter 45 of the Burnett County ordinances.

(10)

The POWTS on the lot must be sized to handle the number of occupants in the principal structure.

(Res. No. 2018-16, 6-5-2018)

(a)

No principal building intended for human use or occupancy shall be erected, structurally altered, or relocated on a lot, unless provision is made for safe and adequate facilities for water supply and disposal of sewage in accordance with the regulations of the county sanitary code and the appropriate requirements of the Wisconsin Administrative Code.

(b)

The county zoning administrator shall not hereafter authorize a building to be erected, structurally altered, or relocated which has a POWTS unless the plans for the system have been reviewed in accordance with the provisions of the county sanitary code and the Wisconsin Administrative Code, and a sanitary permit has been issued, if required. POWTS for dwelling units shall meet the location requirements of the county sanitary code and the applicable minimum standards of the Wisconsin Administrative Code.

(c)

Planned unit developments shall be served by POWTS facilities that meet the requirements of the county sanitary code and the applicable minimum standards of the Wisconsin Administrative Code.

(Res. No. 2018-16, 6-5-2018)

Contiguous parcels which are platted by either a Certified Survey Map, State Plat, or County Plat will be treated as individual parcels. Ownership by the same individual of the contiguous lots does not make the lots combined. Tax roll listing does not make platted lots combined. Setbacks must be met for each individual parcel. The contiguous lots shall not be treated as a single parcel for Land Use/Zoning purposes until the requirements of Burnett County Ordinance 58-29(c) or (d) have been met.

(Res. No. 2018-16, 6-5-2018)

Up to a two foot wide eave will be allowed within any setback. Eaves greater than two feet wide will need to meet the setbacks. No deck, platform, sidewalk, lean-to, overhang, walking surface or other structure or structural component will be allowed within the setback unless permitted by other ordinances, state law, federal law or variance.

(Res. No. 2018-16, 6-5-2018)

The site for the deposition of human remains shall meet all setbacks including, but not limited to; lake, stream, pond, river, wetlands, side line, front line, rear line and road right-of-way. This includes any above or below ground items and/or structures such as; grave, cremation ashes, casket, vault, crypt, mausoleum, columbarium, headstone, plaque, marker, urn or monument.

(Res. No. 2018-16, 6-5-2018)

(a)

A setback of 40 feet from the wetland to the nearest part of a building or structure shall be required for all buildings and structures, except for those structures exempt under other provisions.

(b)

Locating wetland boundaries. Where an apparent discrepancy exists between the wetland district boundary shown on the Wisconsin Wetland Inventory Maps (as referenced in section 30-28 of this chapter) and actual field conditions, the county shall contact the department to determine if the map is in error. If the department determines that a particular area was incorrectly mapped as wetland or meets the wetland definition but was not shown as wetland on the map, the county shall have the authority to immediately grant or deny a permit in accordance with the applicable regulations based on the department determination as to whether the area is wetland.

(c)

Purpose to protect wetlands. Wetlands should be protected to prevent water pollution, protect aquatic life and wildlife habitat, to preserve natural beauty, to reduce flood hazards to life and property. When development is permitted in a wetland, the development should occur in a manner that minimizes adverse impacts upon the wetland.

(d)

Permitted uses. The following uses shall be allowed subject to the general zoning regulations:

(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:

a.

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

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, except as regulated under chapter 45.

d.

The pasturing of livestock.

e.

The cultivation of agricultural crops.

f.

The construction and maintenance of duck blinds that comply with state and federal hunting regulations.

(2)

Permitted uses which do not require a land use permit and which may involve filling, flooding, draining, dredging, ditching, tiling or excavating but only to the extent specifically provided below:

a.

Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected.

b.

The cultivation of cranberries including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries.

c.

The maintenance and repair of existing agricultural drainage systems including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible.

d.

The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction and maintenance.

e.

The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance.

f.

The maintenance, repair, replacement or reconstruction of existing town and county highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

(3)

Uses which require the issuance of a land use permit and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below:

a.

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

1.

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

2.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland enumerated in this section;

3.

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

4.

Road construction activities are to be carried out in the immediate area of the roadbed only.

b.

The construction and maintenance of nonresidential buildings provided that:

1.

The building is essential for and used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals; or some other use permitted in a wetland;

2.

The building cannot, as a practical matter, be located outside the wetland;

3.

Such building is not designed for human habitation and does not exceed 500 square feet in floor area; and

4.

Only the limited filling or excavating necessary to provide structural support for the building is authorized.

c.

The establishment and development of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries and public boat launching ramps and attendant access roads, provided that:

1.

Any private development is used exclusively for the permitted use and the applicant has received a permit or license under Wis. Stats. ch. 29, where applicable.

2.

Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in subsections 30-452(d)(3)a.1.-4.; and

3.

Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, wildlife refuges, game bird and animal farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values.

d.

The construction or maintenance of electric, gas, telephone, fiber optic, water and sewer transmission and distribution 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.

Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in this section.

(Res. No. 2018-16, 6-5-2018)

Any use not listed in section 30-452 is prohibited.

(Res. No. 2018-16, 6-5-2018)

The construction of additional rental cabins/dwellings within an existing resort or the construction of additional dwelling units within a recorded condominium shall meet the minimum average lot width and parcel size requirements of the zoning district standards. To determine the number of total cabins/dwelling units allowed, take the total lot or parcel size and divide by the zoning district requirement. No principal structure shall be located less than 20 feet from an existing principal structure and shall meet all road, lot line, wetland and POWTS setbacks.

(Res. No. 2018-16, 6-5-2018)

Any person who maintains, manages, or operates a short-term rental, as defined in Wis. Stats. 66.0615(1)(dk), for more than ten nights each year shall obtain a Short-Term Rental License from the county.

1.

The license must be renewed annually. Once all the requirements listed below have been satisfied and agreed to by the parcel owner, the Land Services Department will issue a license.

a.

Private On-Site Wastewater Sanitary System (POWTS) shall accommodate design flow for number of occupants being rented to and for the number of occupants being advertised for.

b.

The use of camping units in conjunction with the rental of the parcel(s) is prohibited.

c.

State license, as defined in Wis. Stats. 97.01(15k), shall be obtained and presented to the Land Services Department prior to obtaining county license.

d.

Applicant shall provide a local contact located within 50 miles of driving distance of the rental parcel(s).

e.

Property line(s) must be identified and designated so it will be clear to the tenant.

f.

All current zoning violations must be fully resolved and corrected before a license will be issued/renewed by the county.

g.

County has permission to inspect the entire parcel during normal working hours before and during license period to investigate any complaints or possible violations.

h.

Private On-Site Wastewater Sanitary System (POWTS) shall be serviced/inspected per Wisconsin Administrative Code requirements and reported to the county per requirements.

i.

No parking allowed on road(s), in the road right-of-way, in ingress/egress easements, or on top of Private On-Site Wastewater Sanitary System (POWTS) components.

j.

The annual county license shall commence on February 1st and expire on January 31 ^st . A new license shall be obtained with any change of ownership, and shall be obtained prior to operation by the new owner. Licenses not renewed by March 1 ^st will be charged up to three times the fee as the late fee.

k.

Applicant shall provide a document that outlines rental guidelines. Items to be included in the rental guidelines are: occupancy limit, parking requirements, garbage collection/service, local contact name with phone number, emergency contact information (911, police, fire, etc), state license # with state contact information, county contact information and a blank area for the county license number.

l.

A weather proof placard with a display area of at least five inches x seven inches with a font size of at least 12 Times New Roman listing the guidelines from item (k) shall be posted on an exterior wall of each habitable structure within two feet of the main entrance door. The bottom of the placard shall be located five feet above the height of the sill plate of the main entrance.

m.

Additional rental guidelines can be required by the owner; however they are not required for item (k) or (l).

n.

Applicant can't be delinquent on property taxes or local room taxes.

o.

Applicant shall pay the required county annual license fee.

2.

Once the license is approved by the county, the county will send a copy of the license to all adjacent property owners and to the town clerk.

3.

If a conditional use permit (CUP) has been obtained in the past (and is still active, valid and all CUP conditions have been satisfied), a license from the county is still required, the 2018 year license will be issued with no fee, in the 2019 year those will need to pay the renewal fee.

(Res. No. 2018-16, 6-5-2018)

Any building hereafter erected or placed on a lot shall be provided with off-street parking spaces for those using such building.

(1)

Each parking space required must be at least 180 square feet of usable parking area.

(2)

Residential uses shall be provided with at least one parking space for each dwelling unit.

(3)

Commercial and industrial uses as listed and permitted in the zoning districts, shall be provided, except as noted below, with one parking space for each 200 square feet of retail floor area for commercial uses and one parking space for each 400 square feet of useable floor area for industrial uses. However, restaurants, taverns and similar establishments shall be provided with at least one space for each three seats devoted to patron use; motels, tourist cabins and similar establishments, shall be provided with at least one space for each unit; drive-in eating stands offering in-car service shall be provided with at least five spaces for each person employed to serve customers.

(4)

Public gathering uses shall be provided with at least one space for each three patrons to be accommodated on the premises.

(5)

Off-street parking will not be required in the unincorporated village overlay district (UVOD) where parking is allowed and provided for on public right-of-way.

(Res. No. 2018-16, 6-5-2018)

Any commercial or industrial building hereafter erected or placed on a lot, shall be provided with sufficient off-street loading and unloading space so that no public streets or alleys need be blocked by such activities. In the industrial district such buildings shall be provided with a minimum of 400 square feet of off-street loading and unloading space.

(Res. No. 2018-16, 6-5-2018)

(a)

Private roads are described as those serving more than one parcel. All private roads serving multiple parcels shall be a minimum width of 33 feet. All private roads which serve new agricultural, industrial, residential or commercial buildings shall meet the following within 60 days of land use permit issuance:

(1)

Private roads shall have a minimum clearance width of 20 feet. Any curves in private roads must not be less than 100-foot radius.

(2)

Overhead clearance shall be established at a minimum height of 13 feet.

(3)

Private roads must provide an adequate turnaround area that will accommodate a 30-foot long fire truck. The turnaround space can be provided by one of the following methods:

a.

If a circle private road is constructed, it must have a radius of no less than 35 feet to the centerline; or

b.

A turnaround space free of trees and other obstructions may be provided if it has the dimensions of not less than 60 feet by 50 feet.

(b)

Driveways are described as serving only one parcel. All driveways which serve new agricultural, industrial, residential or commercial buildings that are greater than 75 feet from a public or private road shall meet the following within 60 days of land use permit issuance:

(1)

Driveways shall have a minimum clearance width of 20 feet. Any curves in driveways must not be less than 100-foot radius.

(2)

Overhead clearance shall be established at a minimum height of 13 feet.

(3)

Driveways exceeding 150 feet in length must provide an adequate turnaround area that will accommodate a 30-foot long fire truck. The turnaround space can be provided by one of the following methods and shall be within 75 feet of the principal building:

a.

If a circle drive is constructed, it must have a radius of no less than 35 feet to the centerline;

b.

A turnaround space free of trees and other obstructions may be provided if it has the dimensions of not less than 60 feet by 50 feet; or

c.

A turnout may be provided with the following dimensions: the length shall be a minimum of 30 feet. The width at the entrance shall also be a minimum of 30 feet. The turnout may be trapezoidal in shape, thereby tapering down to a minimum of 20 feet at the rear. In addition, a minimum of 40 feet of driveway must be provided between the building and the turnout to allow enough room to back a 30-foot long fire truck into the turnout.

(c)

Exemptions from the provisions of this section would include:

(1)

New buildings that are 75 feet or less from a public or private road.

(2)

Those portions of both private roads and driveways that are restricted by existing easement.

(d)

In the interest of public safety and better delivery of emergency services, the county board encourages and recommends that existing private roads and driveways be upgraded to these minimum standards.

(Res. No. 2018-16, 6-5-2018)

(a)

Solid fences. A solid fence is considered to be wood panels, wood boards, metal panels, glass panels, or any other type of fence structure besides chain link, wood rail, or wire.

(b)

Agricultural/livestock open type fences might be exempt under other statutes. These are only allowed in zoning districts which allow livestock or via a conditional use permit in other districts.

(c)

Open fences. An open fence is considered to be a chain link, wood rail or wire.

(d)

Fence height is measured from the lowest original grade at the fence location perpendicular to the slope to the highest point of any fence component.

(e)

Any open or solid fence ten feet or less in height is allowed to be placed on the side, front, or rear lot line with a setback of zero feet and a wetland setback of five feet. Lake setbacks still apply in this case.

(f)

Any open or solid fence ten feet or less in height is allowed to be placed on the road right-of-way line with a setback of zero feet and a wetland setback of five feet. Lake setbacks still apply in this case.

(g)

No county land use permit will be required for open or solid fences if they comply with the above criteria.

(h)

Any open or solid fence over ten feet in height will be treated as an accessory structure and must meet all accessory structure setback requirements and requires a land use permit.

(Res. No. 2018-16, 6-5-2018)

(a)

Any retaining wall three feet or less in height is allowed to be placed on the road right-of-way line with a setback of zero feet. These retaining walls will also have a side, front and rear setback of zero feet. These retaining walls will have a wetland setback of ten feet. Lake/river setbacks must be met. No land use permit is required for these.

(b)

Any retaining wall with a height greater than three feet and less than six feet is allowed to be placed with a road right-of-way setback of ten feet. These retaining walls will also have a side, front and rear setback of ten feet. These retaining walls will have a wetland setback of 20 feet. A land use permit will be required for any retaining wall with a height greater than three feet. Lake/river setbacks must be met.

(c)

Any retaining wall with a height greater than six feet and less than ten feet must meet road right-of-way setbacks. These retaining walls will also be required to meet all side, front and rear setbacks. These retaining walls will have a wetland setback of 40 feet. A land use permit is required for any retaining wall with a height greater than three feet. Lake/river setbacks must be met.

(d)

Any retaining wall ten feet or greater in height will require engineered drawings and must be certified by a Wisconsin professional engineer within one month of construction completion. The certification must be submitted to the county land services department within one month of construction completion. A land use permit is required for these and all setbacks must be meet. Lake/river setbacks must be met.

(Res. No. 2018-16, 6-5-2018)