Pursuant to the authority granted in Wis. Stats. §§ 59.69, 59.694, 87.30, and 91.30, the county board does ordain and enact this chapter regulating and restricting the location, construction and use of buildings, structures, and the use of land in the unincorporated portions of the county and dividing the county into districts.

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

All of the towns of the county are subject to county shoreland and floodplain zoning within floodplain and shoreland areas described in chapter 22 and chapter 45. Where a county zoning ordinance enacted under a statute other than Wis. Stats. § 59.692 is more restrictive, that ordinance shall continue in full force to the extent of the greater restrictions.

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

The provisions of this chapter shall be held to be minimum requirements, adopted for the promotion and protection of the public health, morals, safety, or the general welfare. Whenever the requirements of this chapter are in contrast with the requirements of any other lawfully adopted regulations, ordinances, or private covenants, the most restrictive, or that imposing the higher standards, shall govern. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

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

For the purposes of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified shall be measured horizontally.

Accessory structure means a subordinate structure on the same parcel as the principal structure which is devoted to a use incidental to the principal use of the parcel. Accessory structures include, but are not limited to, detached garages, sheds, barns, gazebos, patios, decks, swimming pools, hot tubs, fences, doghouses, swing sets, wood sheds, tool sheds, retaining walls, driveways, parking lots, sidewalks, detached stairways and lifts. Non-habitable accessory structures which are detached and independent of any other structure and which are less than 100 square feet in footprint (except for those which require permits per other sections of the county ordinances) will not require a land use permit provided that such structures meet the dimensional and setback requirements of this chapter and Chapter 22 floodplain requirements. Any addition to a non-habitable accessory structure which results in the structure being larger than 100 square feet will require a land use permit.

Accessory use means a use subordinate to and serving the principal use on the same lot, and customarily incidental thereto.

Addition means a new, contiguous, weatherproof, roofed structure connected to an existing structure.

Adult entertainment facility means any facility, store or structure used in the distribution or viewing of sexually-explicit or graphic material designed for adult viewing.

Adult themed store/premise means a business that sells or displays items related to sexual gratification, such as sex toys, erotica, pornographic material, adult movies and adult magazines. This also includes adult massage parlors, adult tanning salons and nudist camps/campgrounds.

Attached building means there are contiguous, weatherproof roof and walls between two or more structures at least six feet wide at any point.

Average lot width for non-riparian lots is calculated by averaging the measurements of the shortest horizontal distance between side lot lines at the following locations:

(a)

The front lot line. For lot width averaging only, the definition of front lot line is the line which abuts a road. For corner lots the higher ranking road will be considered the front. Ranking highest to lowest is: Federal Road, State Road, County Road, Town/Village Road, Private Road. For corner lots where each road has the same ranking then the shortest side shall be used for averaging purposes. When the lot has no road frontage, or the road frontages are equal in ranking and length, then the front will be considered the side which contains the access point to the lot.

(b)

The building setback line (from the front lot line or road right-of-way whichever is greater).

(c)

The rear lot line. For lot width averaging purposes only on non-riparian lots, the definition of rear lot line is the line opposite the front lot line. When there are two or more lines opposite of the front lot line the shortest line will be used for averaging purposes. When there is no line opposite of the front lot line then a value of zero will be used for averaging purposes.

Building see definition of "Structure".

Building envelope means the three-dimensional space within which a structure is built.

Bunkhouse/temporary guest quarters means an accessory structure or part of an accessory structure with or without plumbing which is used as temporary sleeping quarters only.

Campground means a parcel or tract of land owned by a person, business, state or local government that is designed, maintained, intended, or used for the purpose of providing campsites offered with or without charge, for temporary overnight sleeping accommodations which meets the requirements in section 30-543(b)(1)m.

Camping type - seasonal means camping where the unit is allowed to be stored on the campsite/parcel during periods when the unit is not occupied or when the campground is not in operation.

Camping type - temporary means camping where the unit is removed when the unit is not occupied.

Camping type - rustic/primitive means camping as defined in ATCP 79.27.

Camping unit - cabin means a building or other structure as defined in ATCP 79.03(4). These are used for temporary living quarters or shelter during periods of recreation, vacation or leisure time.

Camping unit - mobile means a tent, tent trailer, travel trailer, camping trailer (ATCP 79.03(5)), pickup camper, motor home (ATCP 79.03(20)) or any other portable device or vehicular type structures as may be developed, marketed or used for temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel.

Camping unit - park model means a camping unit that is built on a single chassis mounted on wheels that has a gross trailer area of not more than 400 square feet in setup mode, and bears a label, symbol or other identifying mark indicating construction to nationally recognized standards ANSI 119.5 (ATCP 79.03(23)). Typically these have the tongue and wheels removed after set-up and/or is skirted and not meant to be mobile. A park model camping unit is not considered a mobile camping unit due to the fact of its limited mobility. These are used for temporary living quarters or shelter during periods of recreation, vacation or leisure time. These type of camping units are required to be connected to a POWTS; unless it is located at a facility licensed to sell this type of camping unit and only located there for the purpose of sale.

Camping unit - yurt means a building or other structure as defined in ATCP 79.03(42). These are used for temporary living quarters or shelter during periods of recreation, vacation or leisure time.

Chimney means as defined in SPS 320.07(13) Wis. Adm. Code.

Common open space means undeveloped land within a planned residential development that has been designated, dedicated, reserved or restricted in perpetuity from further development, and is set aside in the interest of the residents of the development. Common open space shall not be part of individual residential lots. It shall be substantially free of structures, but may contain historic structures and archeological sites including Indian mounds, and/or such recreational facilities for residents as indicated on the approved development plan.

Conservation easement means the grant of a property right or interest from the property owner to a unit of government or nonprofit conservation organization stipulating that the described land shall remain in its natural, scenic, open or wooded state, precluding future or additional development.

Conditional use means a use that is specifically listed in a local zoning ordinance as a conditional use, and that can only be permitted if the Burnett County Land Use and Information Committee determine that the conditions specified in the ordinance for that use are satisfied.

Corner lot means a parcel that has public right-of-way frontage on two or more sides of the lot. This would include both easement and fee roads.

County zoning agency means the committee or commission created or designated by the county board under Wis. Stats. § 59.69(2)(a) to act in all matters pertaining to county planning and zoning. In Burnett County this committee is called the land use and information committee.

Department means the department of natural resources.

Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of the percentage of damage or improvement; the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings and structures; mining, dredging, filling, grading, paving, excavation, or drilling operations; the storage, deposition or extraction of materials or equipment, and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

Development envelopes means areas within which grading, lawns, pavement and buildings will be located.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Dwelling means a building designed or used as the living quarters for one family. A dwelling includes manufactured homes. Manufactured homes are built to meet standards established for manufactured housing construction and safety standards as administered by the U.S. Department of Housing and Urban Development (H.U.D.). This H.U.D. code took effect on June 15, 1976.

Dwelling, duplex means a dwelling on one parcel containing separate living units for two families which may have joint services and must share a common wall and roof.

Dwelling, multifamily means a dwelling or group of dwellings on one parcel containing separate living units for three or more families which may have joint services and must share a common wall and roof.

Eave means the part of a roof that overhangs the wall of a building or for items like a covered porch the eave is that portion that overhangs the roof support post(s) and header.

Essential services means services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage and communications systems and accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings and telecommunication towers.

Expansion means an addition to an existing structure regardless of whether the addition is vertical or horizontal or both.

Facility means any property, building, place, service, or piece of equipment that is used for a particular purpose.

Family means one or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit.

Farm means all land under common ownership that is primarily devoted to agricultural use.

Farm residence means any of the following structures that is located on a farm:

(A)

A single-family or duplex residence that is the only residential structure on the farm or is occupied by any of the following:

1.

An owner or operator of the farm.

2.

A parent or child of an owner or operator of the farm.

3.

An individual who earns more than 50 percent of his or her gross income from the farm.

(B)

A migrant labor camp that is certified under Wis. Stats. § 103.92.

Farming, general means the production of crops or the raising of livestock or livestock products for commercial gain.

Farmland preservation area means an area that is planned primarily for agricultural use or agriculture-related uses, or both, and that is one of the following:

A.

Identified as an agricultural preservation area or transition area in a farmland preservation plan described in Wis. Stats. § 91.12(1).

B.

Identified under Wis. Stats. § 91.10(1)(d) in a farmland preservation plan described in Wis. Stats. § 91.12(2).

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

Floor Area means the square foot measurement of all area within the outside of the exterior walls or windows of the structure.

Footprint means the land area covered by a structure at ground level measured on a horizontal plane. The footprint of a building includes the horizontal plane bounded by the furthest exterior wall and eave if present, projected to natural grade. For structures without walls (decks, stairways, patios, carports) - a single horizontal plane bounded by the furthest portion of the structure projected to natural grade. Note: For the purposes of replacing or reconstructing a nonconforming building with walls, the footprint shall not be expanded by enclosing the area that is located within the horizontal plane from the exterior wall to the eaves projected to natural grade. This constitutes a lateral expansion.

Foundation means the underlying base of a building or other structure, including, but not limited to, pillars, footings and concrete and masonry walls.

Generally accepted forestry management practices (NR 1.25(2)(b), Wis. Adm. Code) means forestry management practices that promote sound management of a forest. Generally accepted forestry management practices include those practices contained in the most recent version of the department publication known as Wisconsin Forest Management Guidelines and identified as PUB FR-226. http://dnr.wi.gov/topic/forestmanagement/documents/guidelines/foreword.pdf

Guest cabin means the same as dwelling. See definition of "Dwelling".

Habitable means any room used for sleeping, living or dining purposes.

Home occupation means a gainful occupation conducted by a member of the family within his or her place of residence where the space used is incidental to residential use and no article is sold or offered for sale except such as is produced by such home occupation.

Hospital. Unless otherwise specified, the term "Hospital" shall be deemed to include sanitarium, clinic, rest home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for diagnosis, treatment or other care of human ailments.

Junkyard. See "Salvage Yard".

Livestock means bovine animals, equine animals, goats, poultry, sheep swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.

Lot means a parcel of land occupied or capable of being occupied by structures and/or uses consistent with the provisions of this chapter and the Burnett County Subdivision Ordinance. Adjoining lands of common ownership shall be considered a contiguous parcel even if divided by a public or private road, easement or navigable rivers or streams.

Lot area means the horizontal projection of a parcel of land, exclusive of any portion of public right-of-way or any portion of a lot 33 feet or less in width. Measurements are to be made by standard surveying methods. This area shall be exclusive of lakebeds and easements. (This excludes blanket easements.)

Lot of record means any lot, the description of which is properly recorded with the Register of Deeds, which at the time of its recordation complied with all applicable laws, ordinances, and regulations.

Lot lines means any line dividing one lot from another.

Maintenance and repairs means any work done on a structure, including such activities as interior remodeling, painting, decorating, paneling, plumbing, insulation, and replacement of windows, doors, wiring, siding, roof and other nonstructural components; and repair of cracks in foundations, sidewalks, walkways, and the application of waterproof coatings to foundations.

Manufactured home means the same as dwelling. See definition of "Dwelling".

Mitigation means balancing measures that are designed, implemented and function to restore natural functions and values that are otherwise lost through development and human activities.

Mobile home means any structure originally designed to be capable of transportation by motor vehicle upon public highway which does not meet standards established for manufactured housing construction and safety standards as administered by the U.S. Department of Housing and Urban Development (H.U.D.). This HUD code took effect on June 15, 1976. A mobile home is considered built before June 15, 1976, or not built to a uniform construction code.

Nonconforming structure means an existing lawful structure or building which is not in conformity with the provisions of the applicable zoning ordinance for the area which it occupies. If a nonconforming structure is not used for a period of 12 months, any future use of the structure shall conform to this chapter.

Nonconforming use means a lawful use that existed immediately prior to adoption of a zoning ordinance which prohibits or restricts said use. If a nonconforming use is discontinued for a period of 12 months, any future use shall conform to this chapter.

Nonfarm residence means a single-family or multi-family residence other than a farm residence.

Nonprofit conservation organization means any charitable corporation, charitable association or charitable trust (such as a land trust), the purposes or powers of which include retaining or protecting the natural scenic or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.

Non-riparian lot means a lot or parcel of land which does not abut navigable water.

Non-riparian owner means someone who owns land which does not abut navigable water.

Overlay district means a zoning district that is superimposed on one or more other zoning districts and imposes additional restrictions on the underlying districts.

Parcel. See "Lot".

Planned residential development means a housing development in a rural setting that is characterized by compact lots and common open space, and where the natural features of the land are maintained to the greatest extent possible. (Also known as a conservation subdivision).

Planned unit development means a zoning district which permits smaller non-riparian lots and preserves open space preferably on the shoreland in perpetuity.

POWTS means a private onsite wastewater treatment system as defined in SPS 381 Wis. Admin. Code.

Previously developed means a lot or parcel that was developed with a structure legally placed upon it.

Principal structure means a building or structure in which the principal use of the lot on which it is located is conducted.

Quarry includes, but is not limited to; sand, gravel and marl pits.

Reconstruction means replacement of all, or substantially all (50 percent or more) of the components of a structure or to the point when reconstruction of a principal structure will require the construction to be done in accordance with the Uniform Dwelling Code, SPS 320-325 Wis. Admin. Code, or the Commercial Building Code, SPS 361 Wis. Admin. Code.

Regional flood means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year.

Renovation of a principle structure means the process of improving a structure by alteration, refurbishment and/or restoration, including the replacement of less than 50 percent of the structural members, but not to the point of requiring compliance as a new structure under the Uniform Dwelling Code, SPS 320-325 Wis. Admin. Code, or the Commercial Building Code, SPS 361 Wis. Admin. Code.

Routine maintenance of vegetation means normally accepted horticultural practices that do not result in the loss of any layer of existing vegetation and do not require earth disturbance.

Salvage yard means a lot, land or structure, or part thereof, used for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition or for the sale of parts thereof.

Salvageable material means discarded material no longer of value as intended, but which is stored or retained for salvage, sale or future reuse.

Setback, front means an open, unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot. Front is considered the side for which the site address of the lot is determined from and which is used to access the parcel. This access must be maintained and meet the driveway requirements of this chapter.

Setback, rear means an open, unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot. Rear is considered the side opposite of the front lot line, road or driveway for which the site address of the lot is determined from and which is used to access the parcel. This access must be maintained and meet the driveway requirements of this chapter.

Setback, side means an open, unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard.

Sign means any structure or natural object or part thereof or device attached thereto or printed or represented thereon which is intended to attract attention to any object, product, place, activity, person, institution, organization, or business, or which shall display or include any letter, word, banner, flag, pennant, insignia, device, or representation used as or which is in the nature of an announcement, direction, or advertisement.

Special exception see definition of "Conditional use".

Structure means a principal structure or any accessory structure including but not limited to a garage, shed, sidewalk, walkway, patio, deck, retaining wall, porch or fire pit, either permanently or temporarily attached to, placed upon, or set into the ground, lakebed or streambed or upon another structure.

Structural alteration means the replacement of or alteration of one or more of the structural components of any structure.

Structural component means any part of the framework of a building or other structure. A structural component may be non-load bearing, such as the gable end of a one-story house. Wall coverings, such as siding on the exterior or drywall on the interior, are not included in the definition of structural component.

• The structural components of a building's exterior walls include the vertical studs, top and bottom plates, sheathing and window and door sills and headers.

• The structural components of a building's roof include the ridge board, rafters, rafter ties, or roof trusses, and roof sheathing.

• The structural components of a building's floors and ceilings include girder(s), joist, bridging, subfloor(s), and posts.

• The structural components of a building's foundation include footings, foundation walls and concrete slabs.

Structure height: See Chapter 45 of the Burnett County ordinance for how this is determined.

Substandard lots means a legally created lot or parcel that met the minimum area and minimum width requirements when created but does not meet current requirements for a new lot.

Temporary living quarters means for seasonal or temporary use for 180 cumulative days or less per year.

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

Use means the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Variance means an authorization granted by the board of adjustment for land use variances or the land use and information committee for subdivision variances to construct, alter or use a building or structure, or reconfigure a parcel in a manner that deviates from the dimensional standards of this chapter.

Wetlands means those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

(Res. No. 2018-16, 6-5-2018; Res. No. 2022-12, 4-19-2022; Res. No. 2023-12, 7-20-2023)

The county board does, by the enactment of Ordinance No. 2010-03, formally adopt the two documents composing the "Burnett County Year 2030 Comprehensive Plan" (including Volume 2: Plan Recommendations Report, and Volume 1: Inventory and Trends Report) pursuant to Wis. Stats. § 66.1001(4)(c).

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

The county board does, by enactment of Ordinance No. 2016-28, formally adopt the farmland preservation plan as part of the "Burnett County Year 2030 Comprehensive Plan" (including Volume 2: Plan Recommendations Report, and Volume 1: Inventory and Trends Report) pursuant to Wis. Stats. § 66.1001(4)(c).

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