For the purposes listed in Wis. Stats. §§ 59.69, 59.692, 59.694, 87.30 and 281.31, the county board does ordain and enact this zoning code, regulating and restricting the location, construction and use of buildings, structures and the use of land in the unincorporated portions of the county and, for such purposes, dividing the county into districts.

(Code 1987, § 17.01; Res. No. 87-02)

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 at variance with the requirements of any other lawfully adopted regulations, ordinances or private covenants, the most restrictive, or that imposing the higher standards, shall govern.

(Code 1987, § 17.02)

The shoreland provisions of this chapter shall not require approval or be subject to disapproval by any town board.

(Code 1987, § 17.03)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All distances, unless otherwise specified, shall be measured horizontally.

A-Zones means those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A-Zones. The A-Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Accessory structure or use means a subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related, and which is located on the same lot as the principal structure or use.

Adult bookstore means an establishment having as a predominant portion of its stock in trade books, magazines and other periodicals, or videocassettes, DVDs, or other videos which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein.

Adult cabaret.

(1)

The term "adult cabaret" means a nightclub, bar, theater, restaurant or similar establishment which, more than twice per calendar year, features live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas or which regularly feature films, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

(2)

The term "adult cabaret" does not include theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

Adult motion picture theater means an enclosed building which is significantly or substantially used for presenting motion picture films, videocassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as described herein) for observation by patrons therein.

AH zone. See "Area of shallow flooding".

Airport means an area of land devoted or intended to be devoted to landing and takeoff of all aircraft, whether fixed wing or not, and whether private or commercial. The term "airport" includes such nomenclature as landing strip or field, airstrip, landing area, etc.

Allowed uses means land uses and activities that are totally permitted or allowed and that do not require a zoning permit.

Alteration means an enhancement, upgrading or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.

AO zone. See "Area of shallow flooding".

Applicant means any person, firm, or corporation or any agent thereof seeking to build, construct, excavate, grade, install, or use the land in any manner that would require a permit as defined in this chapter.

Authorized use means those activities that involve a use of the land and that require a permit to be issued.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.

Basement means any enclosed area of a building having its floor subgrade, i.e., below ground level, on all sides.

Bed and breakfast. See Boardinghouse.

Boardinghouse means any owner-occupied dwelling where lodging and meals are furnished for compensation for three or more persons not members of the same family.

Boathouse means any permanent structure designed solely for the purpose of protecting or storing boats and related equipment for noncommercial purposes.

Building means any structure use, designed or intended for the protection, shelter or roofed enclosure of persons, animals or property.

Building envelope means and includes all fully enclosed areas of a principal structure and specifically excludes screened porches, decks, patios and similar construction.

Building, height of, means the distance from the lowest point of final grade where the structure intersects with the ground and the highest point of the structure.

Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the department pursuant to Wis. Stats. § 30.11, and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this chapter.

Campground means a parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by or of trailers, tents or movable or temporary dwellings, rooms or sleeping quarters of any kind.

Camping unit means any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.

Certificate of compliance means a document signed by a plumber, soil tester, zoning official, or other qualified individual that verifies whether septic, soils, setbacks, or other aspects of any particular lot and its inherent development are in compliance with current administrative codes or zoning ordinances.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

Comparable size means the same square footage as the existing footprint.

Conditional use means a use which is permitted by this chapter, provided that certain conditions specified in this chapter are met and that a permit is granted by the zoning committee or board.

County zoning agency means that committee or commission created or designated by the county board under Wis. Stats. § 59.69 to act in all matters pertaining to county planning and zoning.

Crawlway or crawlspace means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for limited access to plumbing and electrical utilities.

Curtilage means the area encompassing the grounds and buildings immediately surrounding a home, school, church, nursery, day care center or park that is used in the daily activities of domestic life. A garage, barn, smokehouse, chicken house and garden are curtilage if their locations are reasonably near to the home.

Deck means a structure which is wider than six feet, has a platform and is suspended over water or land by either posts, pilings, guidelines, guidewires or similar supports.

Department means the state department of natural resources (DNR).

Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

District means a specific area designated with reference by this chapter and the official zoning maps within which the regulations governing the use and erection of structures and the use of premises and land are uniformly applied.

Dock means a structure which is less than six feet wide, has a platform and is suspended over the water by either posts, pilings, guidelines, guidewires or similar supports.

Documented violations means an operational rule that has been documented by Rusk County Zoning staff as not being followed. This could include reports from law enforcement officials.

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.

Dryland access means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.

Dwelling means any building designed and used exclusively as the living quarters for one or more families. This includes site-constructed and manufactured homes designed for this purpose. This does not include mobile homes.

Dwelling, multifamily, means a dwelling or group of dwellings on one plot containing separate living units for two or more families, but which may have joint services or facilities or both.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family.

Easement means authorization by a property owner for the use of his land by another person for a specific written recorded purpose.

Encroachment means any fill, structure, equipment, use or development in the floodway.

Enlargement of waterways means to construct, dredge, or do any development of a canal, channel, ditch, lagoon, pond, lake, or similar waterway. Enlargement of waterways require permits from the department of natural resources as defined in Wis. Stats. § 30.19.

Environmental damage means the harming of any wildlife or their habitat, including, but not limited to, fish, bird, animal, or plant life, or the degradation of the air, land, and waters within the state. While the definition of environmental damage is necessarily general and must be subjectively applied, it should be applied liberally in each case to protect the environment of the county.

Environmental pollution means the contaminating or rendering unclean or impure air, land, or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal, or plant life as defined by Wis. Stats. § 285.01.

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 communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Exclusive Ag means lands that meet all the requirements of the state with regard to the Farmland Preservation Program.

Expanded home occupation means a home occupation that may involve persons other than the resident family and such occupation may be carried on other than within the confines of the home.

Exploration means the on-site geologic examination of conditions of the surface of the site by drilling or excavating for purposes of searching for or defining the extent and nature of deposits of metallic or nonmetallic minerals and includes such associated activities as clearing and preparing sites or constructing roads.

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

Farm means an area of land where animals, produce, plants, or bees may be raised, cultivated, or maintained for sale or off-premises consumption and includes places where animals that may commonly be associated with farming are maintained only for pleasure.

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

Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program.

Filling means the placement or depositing of any material such as dirt, stumps, rocks, gravel, sawdust, sod, debris or like substances. See Wis. Stats. § 30.12 for required state permits.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:

(1)

The overflow or rise of inland waters;

(2)

The rapid accumulation or runoff of surface waters from any source;

(3)

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or

(4)

The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature or by some similarly unusual event.

Flood frequency means the probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.

Flood hazard boundary map means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a flood insurance study and a flood insurance rate map.

Flood insurance rate map (FIRM) means a map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

Flood insurance study means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood insurance rate maps that accompany the flood insurance study form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

Flood profile means a graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.

Flood protection elevation means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. Also see Freeboard.

Flood storage means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

Floodfringe means that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.

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

Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

Floodplain management means policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

Floor area means the area within the outside lines of the exterior walls of a building at the first floor level or basement wall; provided that the floor area of a dwelling shall not include space not usable for living quarters, such as attics and garages.

Footprint of building or structure footprint means the area within the outermost perimeter of a structure on its main floor, including attached or immediately adjacent patios, decks, screened porches and similar construction. Note: For the purpose of replacing or reconstructing a nonconforming building, the footprint shall be replaced with same types of use (i.e. deck with deck, eave with eave).

Forest industries means the cutting and storing of forest products, the operation of portable sawmills, the production of maple syrup and sugar, and other uses related to forests.

Freeboard means a safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.

Fur farm means any property comprising land or buildings or both, used for the purpose of raising or harboring furbearing animals including those defined in Wis. Stats. § 29.001 and also other furbearing animals, if any, whether the animals are kept for breeding, slaughtering or pelting purposes.

Garage, private, means an accessory building or accessory portion used, or intended to be used, for the storage of private motor vehicles, and having a capacity of not more than three automobiles. The term "private garage" also includes carports.

Garage, public, means a building or portion thereof used for the housing or care of motor vehicles for the general public or where such vehicles are equipped or repaired for remuneration or kept for hire or sale. This may include premises commonly known as "gasoline stations" or "service stations."

Gasoline service station means any area of land, including any structure thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil, or other lubricating substances, or motor vehicle accessories, and which may include facilities used or designed to be used for polishing, repairing, greasing, washing, spraying, dry cleaning, or otherwise maintaining such vehicles.

Grading means filling over or removing topsoil or a combination of both. See Wis. Stats. § 30.19 for required state permits.

Gravel pit. See Quarry.

Habitable structure means any structure or portion thereof used or designed for human habitation.

Hard armor stabilization means the use of rock, concrete, block, wood and similar materials in controlling erosion.

Hearing notice means publication or posting meeting the requirements of Wis. Stats. ch. 985. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice exceeding these minimums.

High flood damage potential means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Highway means a public or private thoroughfare which affords a primary means of access to abutting property.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.

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

Hospital, unless otherwise specified, means and includes sanitarium, sanitorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of human ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

Impervious surface means an area that releases as runoff all or a majority of the precipitation that falls on it. Impervious surface excludes frozen soil but includes rooftops, decks, walkways, driveways, parking lots and streets unless specifically designed, constructed and maintained to be pervious. Roadways or sidewalks as defined in § 340.01, Wis. Adm. Code, are not considered impervious surfaces.

Increase in regional flood height means a calculated upward rise in the regional flood elevation, greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.

Installation means any campground, resort, recreational vehicle park, trailer camp or mobile home park or any combination thereof, whether designed for yearround or seasonal or permanent or temporary use or any combination, located on public or private property, and whether fees are charged for the use thereof or not.

Junkyard. See Salvage yard.

Kennel means premises used for the harboring of more than three dogs or other animals which are more than six months old in age.

Land use means any nonstructural use made of unimproved or improved real estate. Also see Development.

Land use permit means the document that must be issued by the zoning department and that grants the applicant permission to engage in those types of activities on any given parcel or parcels of land and for which this chapter specifically states that such activities require a permit. (It is not a building permit per se; however, building is an example of a land use activity that requires a zoning or land use permit.)

Local contact person means a person who is able to respond to the facility within 15 minutes.

Lot means a parcel of land occupied or capable of being occupied by one primary building and its accessory buildings or other uses customarily incidental to it, including such open spaces as are required by this chapter, chapter 42, pertaining to subdivision control, and all applicable state statutes. 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 total area in a horizontal plane within the peripheral boundaries of a lot. No land included in a road (public or private) or street, highway or railroad right-of-way may be included when computing lot area.

Lot depth means a mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

Lot length. Lot length is measured from the right-of-way of any highway, road, or private easement to the opposite end of said lot and shall not exceed six times its width.

Lot lines means any line dividing one lot from another.

Lot width. The required minimum width of a lot shall be measured as the shortest distance between the lot side lines at or greater than the necessary setback distance for said lot. To the point at which the lot's minimum area and width requirement has been met no additional area of any particular lot in question need meet the minimum width requirement.

Lowest adjacent grade means elevation of the lowest ground surface that touches any of the exterior walls of a building.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

Maintenance means the act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.

Maintenance and repairs means and includes, but is not limited to, replacement or installation of the same size windows and doors, skylights, vents, siding, insulation, shutters, gutters, flooring and shingles, or replacing or repairing internal walls or floors of a foundation. Maintenance and repairs do not include external alterations and additions, internal improvements or replacement of existing structures.

Major recreational equipment means and includes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, snowmobiles and snowmobile trailers, and the like.

Manufactured home means a structure constructed after June 15, 1976, that is transportable in one or more sections; which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required facilities.

Mine means a place where an excavation is made to obtain ores, precious stones, minerals, and other elements of value that may or may not require further refinement. For the purpose of this chapter, excavations for the removal of substances such as gravel, sand, and dirt, that require extraction by such means are defined as quarries.

Mobile/manufactured home.

(1)

The term "mobile home" means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway and equipped and used or intended to be used primarily for human habitation, with walls of rigid uncollapsible construction; and which has an overall length in excess of 45 feet.

(2)

The term "manufactured home" means a structure constructed after 1976 which is transportable in one or more sections; which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required facilities.

Mobile/manufactured home park means any lot on which three or more mobile/manufactured homes are parked for the purpose of yearround and seasonal habitation and including any associated service, storage, recreation, and other community service facilities designed for the exclusive use of park occupants.

Mobile/manufactured home park or subdivision means a parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.

Mobile/manufactured home park or subdivision, existing means a parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.

Mobile/manufactured home park, expansion to existing means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.

Mobile recreational vehicle means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within this definition.

Model, corrected effective means a hydraulic engineering model that corrects any errors that occur in the duplicate effective model, adds any additional cross sections to the duplicate effective model, or incorporates more detailed topographic information than that used in the current effective model.

Model, duplicate effective means a copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.

Model, effective means the hydraulic engineering model that was used to produce the current effective flood insurance study.

Model, existing (pre-project) means a modification of the duplicate effective model or corrected effective model to reflect any manmade modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the corrected effective model or duplicate effective model.

Model, revised (post-project) means a modification of the existing or pre-project conditions model, duplicate effective model or corrected effective model to reflect revised or post-project conditions.

Motel or hotel means a building or group of buildings containing rooms which are offered for compensation and the temporary accommodation of transients, and where there is no permanent occupancy of any unit, except by the owner or his agent or employees.

NAVD or North American Vertical Datum means elevations referenced to mean sea level datum, 1988 adjustment.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under Wis. Stats. § 281.31(2m), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 59.692 and Wis. Admin. Code ch. NR 115 do not apply to lands adjacent to:

(1)

Farm drainage ditches where such lands are not adjacent to a natural navigable stream or river and such lands were not navigable streams before ditching; and

(2)

Artificially constructed drainage ditches, ponds or stormwater retention basins that re not hydrologically connected to a natural navigable water body. Nonconforming building or structure means any existing building or structure which existed lawfully before the current zoning ordinances were enacted or amended, but does not comply with all of the regulations of this chapter or of any amendment hereto for the zoning district in which such structure is located.

New construction, for floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

NGVD or National Geodetic Vertical Datum means elevations referenced to mean sea level datum, 1929 adjustment.

Nonconforming building or structure means any existing building or structure which does not comply with all of the regulations of this chapter or of any amendment hereto for the zoning district in which such structure is located.

Nonconforming use means any use of land, buildings or structures which existed lawfully before the current zoning ordinances were enacted or amended, but does not comply with all of the regulations of this chapter or any amendments thereto governing said use for the zoning district in which such use is located.

Normal high-water elevation means the line where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

Nuisance means a use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance or inconvenience.

Nursery means any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.

Obstruction to flow means any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.

Official floodplain zoning map means that map, adopted and made part of this chapter, which has been approved by the department and FEMA.

On-site soils evaluation means when the zoning administrator or other qualified representative from the zoning office, at the request of the soil tester, plumber, or other applicant, will physically inspect the soils during daylight hours in any location within the county. The inspection is not a soil test which must be done by a certified soil tester. It is to aid the property owner, soil tester, plumber, developer, realtor, or whomever in determining what type of sanitary waste disposal system is appropriate for their particular site and situation.

Open space use means those uses having a relatively low flood damage potential and not involving structures.

Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.

Outlot means parcel of land, other than a lot or block, so designated on the plat, where structures cannot meet required zoning setbacks and is a nonconforming lot according to current lot size requirements.

Parcel means a description of land that may or may not be within a recorded plat. A parcel can be a single platted lot, government lot, quarter section, or any other defined portion of land.

Permitted use means that use of the land or structures which does not require any variances, public hearings, town board, or zoning committee approvals, and which may be granted a permit by the zoning administrator, once the appropriate fees and applications have been properly completed, signed by the applicant, and submitted to the zoning office.

Pier. See Dock.

Planned unit development means a type of zoning district that has specific requirements with regard to lot sizes, total land area, number of dwellings and accessory buildings per lot, and other attributes that are described in section 50-214.

POWTS means a sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the state department of commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

Practicable alternatives means available and capable of being implemented after taking into consideration cost, available technology and logistics in light of overall project purposes.

Preconstruction site evaluation means when the zoning administrator or other qualified representative from the zoning office, at the request of the applicant, will physically inspect the property with regard to setbacks and other building or construction regulations that are within the jurisdiction of the county zoning department.

Previously developed land means any land that includes a legally placed principal structure.

Principal structure means a non-portable structure which is designed for independent human habitation and includes sanitary and/or food preparation facilities whether such structure is attached to another structure(s) or stands alone. If more than one structure that meets this definition exists on a single lot, the smaller structure(s) shall be considered accessory.

Principal use, for any given parcel of land, means that use of the land or structures which is the primary or main use as distinguished from a customary or accessory use.

Private sewage system means a sewage treatment and disposal system serving a single structure with a septic tank and a soil absorption field located on the same parcel. This term also means an alternative sewage system approved by the state department of commerce including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

Public utilities means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.

Quarry means an open excavation in the earth for removing stone, sand, gravel, dirt, rocks, or any other substance to be used in the construction of roads, driveways, landscaping, or building.

Reasonably safe from flooding means base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Regional flood means a flood determined to be representative of large floods known to have generally occurred in the state and which may be expected to occur on a particular stream because of like physical characteristics, once in every 100 years.

Restaurant means a space or business establishment within a suitable building, provided with sanitary and proper kitchen and kitchen equipment approved by the state board of health, and a dining room of related capacity, having employees for preparing, cooking, and serving comestible food.

Restoration means the act of restoring the land to a usable condition upon completing, either wholly or in part, that construction which has made said land unsuitable to normal forestry, agricultural, or residential type use.

Roadway setback means not less than 30 feet from the road right-of-way line.

Salvage yard means any area, with or without buildings or structures, where significant amounts of salvageable materials (including secondhand items) are bought, sold, exchanged, stored, baled, packed, disassembled, or handled. This definition also includes auto salvage yards, junkyards and other like and similar uses. Buildings or structures that are part of an establishment that is in the business of buying and selling such materials are required to meet the requirements of this chapter. Four or more inoperative, unlicensed or dismantled vehicles, farm machinery, construction, or other types of equipment shall constitute a salvage yard.

Salvageable material means those products or materials whose primary usefulness has changed or expired and are being stored or retained for whatever reason. Salvageable materials include, but are not limited to, scrap iron and other metals, lumber and other construction materials, paper, rags, appliances, rubber tires, or other rubber products, bottles glass, plastics, machines or machine parts, motor vehicles or equipment and other similar related materials.

Screening means a means of obscuring from view, by use of sight-obscuring fencing, tree planting, earthen berm, or other acceptable means whereby the contents are obscured from sight from any road, watercourse or other public right-of-way.

Self-contained recreational equipment/vehicle means a recreational vehicle which can operate independent of connections to sewer, water, and electric systems. Water storage and sewage holding tanks are located within the vehicle.

Setback means the minimum horizontal distance, which is called a setback line, that is established parallel to rights-of-way, centerlines, lot lines, or water bodies for the purpose of defining limits within which structures, buildings, or other uses must be constructed, maintained or confined.

Shooting range means an area designed and constructed for the discharge of firearms that is open for club members or public use, excluding individually owned and used target and archery ranges.

Shoreland setback area means the area on a parcel that includes the minimum shoreline setback distance and the area waterward to the OHWM.

Shoreland/wetland district means the zoning district, created as a part of the shoreland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetland maps which have been adopted and made a part of this chapter.

Shorelands means lands within the following distances from the ordinary high-water mark of navigable waters:

(1)

1,000 feet from a lake, pond or flowage; and

(2)

300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

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, business, institution or organization, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement.

Soft armor stabilization means the use of vegetation, geotextiles, bioengineering, rolled erosion control products and similar materials in controlling erosion.

Special exception means a use which is permitted by this chapter, provided that certain conditions specified in this chapter are met and that a permit is granted by the planning and zoning committee.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals, pubic region, vulva, anus, or the nipple and areola of the human female breast; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes any of the following, simulated or actual:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

(2)

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio, cunnilingus, anilingus.

(3)

Showing of human genitals in a state of sexual stimulation or arousal.

(4)

Excretory functions during a live performance, display or dance of any type.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 360 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Steps and landings means stairways that are built within the shoreland setback area according to section 50-188(6). Stairs and landings are not to exceed six feet in width.

Structure means any humanmade object with form, shape and utility, either permanently or temporarily attached to or placed upon the ground, riverbed, stream bed, or lake bed. In shoreland zoning, structure also means a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch or firepit.

Subdivision has the meaning given in Wis. Stats. § 236.02(12).

Substantial damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Survey, certified, means a certified survey map of not more than four parcels of land on one page which shall be submitted to the county zoning office for review prior to being recorded in the office of the register of deeds of the county and which shall meet the requirements of this chapter and chapter 42, pertaining to subdivision control, and Wis. Stats. § 236.34.

Tourist rooming house means the use of a single or two family dwelling for the purpose of providing or furnishing overnight lodging accommodations to the public for a period of less than one month to any person(s) who occupies the property on a rental basis.

Travel trailer/RV means a portable vehicle less than ten feet wide by 50 feet long designed and used for temporary living and housekeeping, office, and/or commercial purposes.

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 purpose for which land or structures, or portions thereof, are occupied, maintained, employed or otherwise utilized.

Utilities means those services such as electric, telephone, gas, or other essential components of development that are necessary to provide fundamental usefulness to both dwellings and other structures whether private or commercial.

Variance means an authorization granted by the board of adjustment to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this chapter.

Violation, for floodplain management purposes, means the failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

Vision clearance means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from their intersection as specified in this chapter.

Walkway means a deck that is attached to a building and that does not exceed six feet in width and its construction is primarily to provide ingress and egress from an existing structure. Walkways added to a structure built prior to February 1995 are permitted within the shoreland setback area. Permits are required for all walkways.

Water surface profile means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

Watershed means the entire region contributing runoff or surface water to a watercourse or body of water.

Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

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.

Wharf. See Dock.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted, and except for permitted accessory buildings in rear yards.

Yard, 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.

Yard, 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.

Yard, 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. Any lot line not a rear line or a front line shall be deemed a side line.

Zoning administrator means the employee of the county officially designated to administer this chapter.

Zoning committee means the county zoning and land use committee. The zoning committee may be referred to as the "planning committee."

Zoning district. See District.

Zoning permit means a permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located.

(Code 1987, §§ 17.04, 17.57(10.0), 20.10; Res. No. 86-36; Res. No. 87-02; Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Res. No. 07-07, 3-27-2007; Res. No. 07-07D, 3-31-2009; Res. No. 07-07E, 12-15-2009; Amend. of 11-12-2013; Amend. of 11-12-2013; Res. No. 14-10, 3-25-2014; Res. No. 16-21, 8-30-2016; Res. No. 16-21A, 1-22-2019)

For the purpose of this chapter, the unincorporated areas of the county are hereby divided into the following types of districts:

(1)

RR-1 Recreational-Residential District.

(2)

RR-2 Recreational-Residential District.

(3)

RR-3 Recreational-Residential District.

(4)

A-1 Agricultural District.

(5)

C-1 Commercial District.

(6)

I-1 Industrial District.

(7)

F-1 Forestry District.

(8)

W-1 Resource Conservation District.

(9)

SW-1 Shoreland and Shoreland-Wetland District (Overlay).

(10)

PUD Planned Unit Development District.

(Code 1987, § 17.05; Res. No. 87-02)

(a)

The location and boundaries of these districts are shown in a single map officially designated "Official Zoning Map, Rusk County, Wisconsin," and on separate maps officially designated "Detailed Zoning Maps, Rusk County, Wisconsin."

(b)

These maps, together with all explanatory matter and regulations thereon, are an integral part of this chapter. In the event of a conflict between zoning district boundaries shown on the official zoning map and the detailed zoning maps, the latter shall govern and prevail. District boundaries are normally lot lines, section and quarter section lines, or centerlines of streets, highways, railroads or alleys. Questions regarding exact location of district boundaries shall be decided by the county zoning administrator. Decisions may be reviewed on appeal to the board of adjustment as provided in section 50-303.

(c)

The single official copies of the official zoning map and detailed zoning maps, together with a copy of this chapter, shall be kept at the county zoning administrator's office and shall be available for public inspection during office hours. These maps shall be certified by the chairperson of the county board and attested by the county clerk. Any changes affecting zoning district boundaries or explanatory matter and regulations shall be made in accordance with provisions of Wis. Stats. § 59.69.

(Code 1987, § 17.06)

The county adopts by reference as though fully set forth in this section that certain comprehensive plan titled "Rusk County Comprehensive Plan," originally adopted by the county on December 15, 2009, as and for the comprehensive plan for the county. A copy of the plan is available in the office of the county clerk.