Except as added to or altered in this article, the procedures and requirements of section 50-112 governing conditional uses shall apply.

(Code 1987, § 17.20)

(a)

Application required. Application requesting county zoning committee approval of a proposed quarrying or mining activity shall be accompanied by:

(1)

A description of all phases of the contemplated operation including types of machinery and equipment which will or might be necessary to carry on the operation and, where appropriate, the estimated daily quantity of water required, its source and its disposition.

(2)

A legal description of the proposed site.

(3)

A topographic map (may be required by the county zoning committee at a minimum contour interval of five feet) of the proposed site and the area extending beyond the site to a minimum distance of 300 feet on all sides.

(4)

A restoration plan as hereinafter required.

(b)

Consideration of compatibility. In reviewing a proposal for a quarrying or mining activity, the county zoning committee shall take into consideration:

(1)

The effect of the proposed operation on drainage and water supply.

(2)

The possibility of soil erosion as a result of the proposed operation.

(3)

The most suitable land use for the area.

(4)

Other considerations specified in chapter 20, article III, division 2, pertaining to permitting requirements for metallic mineral mining and prospecting.

(c)

Restoration plan and financial guarantee required. No grant to carry on a quarrying or mining operation shall be given until the county zoning committee approves a restoration plan and the owner agrees to restore the quarried area to a condition of practical usefulness and reasonable physical attractiveness as soon as practicable after the quarrying operations have ceased. The owner shall provide sufficient financial guarantee to secure the performance of the restoration. The agreement and financial guarantee shall be in a form approved the county district attorney.

(d)

Conditions for approval. The county zoning committee may set forth conditions regarding appropriate setback and other dimensional requirements, particularly with reference to avoiding a nuisance effect on surrounding residential uses. Suitable fencing, capping and landscaping may be required.

(e)

Duration of conditional grant. The initial grant to carry on a quarrying or mining operation shall not be effective for more than five years, except that the initial grant to carry on metal mining operations shall not be effective for more than 25 years. Authorization may be extended for any number of additional years, subject to conditions specified by the county zoning committee.

(f)

Existing quarry and past mining operations.

(1)

Within 60 days after the effective date of the ordinance from which this chapter is derived, the owners of all existing quarrying and past mining operations shall submit to the county zoning committee the names of the quarry and mine owners and operators and information regarding such operations.

(2)

Within one year after adoption of this chapter, the owners shall submit to the county zoning committee a plan for restoration of the quarrying and mining site in accordance with subsection (c) of this section. The restoration plan shall not impose requirements which are economically or engineeringly unreasonable with respect to conditions resulting from operations prior to enactment of the ordinance from which this chapter is derived.

(3)

Within three years after the effective date of the ordinance from which this chapter is derived, any such existing operation shall be subject to the provisions of subsections (c) through (e) of this section.

(Code 1987, § 17.21)

(a)

Purpose. The purpose of this section is to control and govern the location, size, setbacks, and dimensions of salvage yards in the county. The objective is not to remove or require relocation of existing salvage yards, but rather to regulate those that will begin after the effective date of the ordinance from which this section is derived. This section does not supersede any license or permit required by other state or federal agencies to legally operate a salvage yard. Junkyards and like uses are considered to be a salvage yard.

(b)

Classification of salvage yards. The following classifies salvage yards in the county:

(1)

Class A. For the purpose of this article, a Class A salvage yard is defined as an operation licensed by the department of transportation that is in the business of buying and selling salvageable vehicles and equipment.

(2)

Class B. For the purpose of this article, a Class B salvage yard is defined as an operation which stores or keeps for the purpose of buying, selling or processing salvageable metals, plastics, paper, wood, appliances, machinery and other salvage materials, excluding vehicles as per Class A classification.

(c)

Prohibited locations.

(1)

No salvage yard shall be allowed on any parcel of land less than one acre in size.

(2)

No salvage yard will be permitted in any of the following zoning districts: RR-1 Recreational-Residential, RR-2 Recreational-Residential, RR-3 Recreational-Residential, F-1 Forestry, W-1 Resource Conservation, SW-1 Shoreland and Shoreland-Wetland, and PUD Planned Unit Development.

(3)

Within 2,000 feet of any incorporated city or village.

(4)

Within 1,000 feet of any lake or pond or 500 feet of any named river or stream.

(5)

Within 250 feet of any residential dwelling or potable well. Salvage yard property owner's residence and well are exempt from this requirement.

(6)

Within any established floodplain of the county as shown on FEMA maps effective date January 2, 1987.

(7)

As per Wis. Stats. §§ 84.31 and 175.25.

(d)

Exemptions. The following are exempt from the requirements of this section:

(1)

Approved recycling centers which are designated by the county, state, village, city, or town to receive and temporarily store materials for recycling.

(2)

Those uses and activities as herein defined when entirely established within an enclosed building, provided that the use and activity is allowed within the zoning district.

(3)

Materials that are stored by the property owner, for his own use, on his own land, when such person is engaged in farming as defined by Wis. Stats. § 91.01(6).

(e)

Screening.

(1)

Those salvage yards that are located on a state or federal highway shall be screened according to the provisions of this article.

(2)

Screening will be required when there is an existing development within 500 feet of the proposed salvage yard even if such development is located across the road.

(3)

Screening is required so materials are not noticeably visible from other currently developed property in the vicinity of the salvage yard, nor from public rights-of-way such as roads, streets, highways and waterways. The screening shall be a minimum of eight feet in height and shall be kept in good repair.

(f)

Permit application is required. A conditional use permit for a salvage yard is required. Application requesting county zoning committee approval of a proposed salvage yard activity shall be accompanied by the following:

(1)

A description of all phases of the contemplated operation including types of machinery and equipment which will or might be necessary to carry on the operation.

(2)

A legal description of the proposed location.

(3)

A legible, detailed map showing the location and distance to development, land use and all wells within 250 feet of the proposed location.

(4)

The contemplated size and location of all proposed structures that will be part of the operation.

(5)

The location and separation distances of all driveways being proposed.

(g)

Standards. The following standards shall apply to salvage yards: It is recommended that for fire protection, an unobstructed fire break be maintained one rod in width and completely surround the salvage yard operation.

(h)

Setbacks. Setbacks, other than those already listed or described, shall be as follows:

(1)

Whichever of the following is greater: ten feet from right-of-way or 60 feet from centerline of a highway when no fence is proposed.

(2)

One foot from side yard property line when there is a fence and no current development on the adjoining land.

(Code 1987, § 17.22; Ord. No. 94-126, 12-19-1994)

(a)

No garbage or refuse disposal sites shall be permitted in the county except in conformance with the rules and regulations of Wis. Admin. Code ch. NR 51.

(b)

All such disposal sites shall have minimum front, side and rear yards of 100 feet each.

(c)

Garbage and refuse disposal sites shall be screened so that the materials are not visible from other property in the vicinity, nor from public rights-of-way such as roads, streets, highways and waterways.

(Code 1987, § 17.23)

Except as otherwise specifically authorized, no mobile home intended for occupancy shall be located within the county except in a mobile home park, the plan of which has been approved by the zoning committee. Such parks shall meet the following requirements:

(1)

Minimum size: five acres.

(2)

Maximum number of mobile home sites: six per acre.

(3)

Minimum width of a mobile home site: 40 feet.

(4)

Maximum height of a mobile home trailer: 15 feet.

(5)

Minimum distance between mobile home trailers: 20 feet.

(6)

Minimum distance between mobile home and service road: ten feet.

(7)

Each mobile home site shall be connected to a public or common water supply system and a public or common sewage disposal system.

(8)

All drives, parking areas and walkways shall be hard surfaced. There shall be one parking space for each mobile home and additional parking spaces for automotive vehicles within the park, totaling not less than 1¼ parking spaces for each mobile home space.

(9)

No mobile home sales office or other business or commercial use shall be located on the mobile home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage and one office are permitted.

(10)

Minimum side yard setback: 40 feet at all front, side and rear lot lines of the mobile home park.

(11)

Each mobile home park shall be completely enclosed, except for permitted entrances and exits, by:

a.

A temporary planting of fast growing material, capable of reaching a height of 15 feet or more; and

b.

A permanent evergreen planting, the individual tree to be such a number and so arranged that within ten years they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than 15 feet.

(12)

All mobile homes shall meet the construction standards of the Mobile Homes Manufacturing Association.

(13)

Mobile home parks shall comply with the sanitation regulations of the county sanitary code and the appropriate requirements of the Wisconsin Administrative Code.

(Code 1987, § 17.24)

Except as otherwise specifically authorized, no trailer shall be located within the county except in a federal, state, town or county camp or in a private campsite, the plan of which has been approved by the county zoning committee.

(1)

Each trailer site shall be plainly marked and surfaced.

(2)

Maximum number of trailer sites shall be 15 per gross acre and trailer camps are only permitted on parcels equal to or greater than five acres in size.

(3)

All drives and parking areas other than those at individual trailer sites shall be hard surfaced.

(4)

Central toilet, shower and washing facilities shall be provided in sufficient quantity, as determined by appropriate Wisconsin Administrative Code requirements.

(5)

Water supply and the manner of sewage disposal shall comply with regulations of the county sanitary code and the appropriate requirements of the Wisconsin Administrative Code.

(6)

No trailer shall be less than 50 feet from the front, side or rear lot lines of the camp.

(7)

Marshland and shoreland areas shall not be altered.

(8)

The screening provisions for mobile home parks shall be met.

(Code 1987, § 17.25; Res. No. 16-21A, 1-22-2019)

(a)

A property owner may store their own major recreational equipment on their own property without being subject to any time limit, as long as there is a residence on the same parcel and the equipment is not used for living or housekeeping purposes when parked or stored on the parcel.

(b)

A single motor home/RV/camper shall be allowed to be used or stored on the owner's property where there is either no residence or one single family residence, for up to 30 days in one calendar year. This time frame can be extended with the issuance of an annual land use permit. Adequate sanitary facilities must be installed if pressurized water is available on site and for park models. If water is brought in, proof of wastewater pumping must be provided.

(c)

More than one recreational vehicle on a parcel for more than 30 days per calendar year must meet trailer camp/campground requirements.

(d)

Recreational vehicles must meet all setback requirements of a residence.

(e)

Recreational equipment permitted prior to this amendment must meet the annual permit requirements. If more than one site was permitted on the property, more than one can remain until the property changes ownership. At that time, only one recreational vehicle site will be permitted unless a trailer camp/campground permit is obtained.

(Code 1987, § 17.26; Res. No. 16-21, 8-30-2016)

(a)

Purpose. It is the purpose of this section to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of citizens of the county, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the county. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(b)

Findings.

(1)

The board finds that adult-oriented establishments, as defined in this chapter, require special zoning in order to protect and preserve the health, safety, and welfare of the county.

(2)

Based on its review of studies conducted in Phoenix, AZ; Garden Grove, CA; Los Angeles, CA; Whittier, CA; Indianapolis, IN; Minneapolis, MN; St. Paul, MN; Cleveland, OH; Oklahoma City, OK; Amarillo, TX; Austin, TX; Beaumont, TX; Dallas, TX; Houston, TX; Newport News, VA; Bellevue, WA; New York, NY; Seattle, WA; and St. Croix County, WI; and the Report of the Attorney General's Working Group of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention; and the findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Colman A. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000), East of the River Enterprises II v. City of Hudson, 2000 Wisc. App. Lexis 734 (Ct. App. Aug. 1, 2000); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702, 2003 WL 132541 (7th Cir. 2003); the board finds that there is convincing evidence that the secondary effects of adult-oriented establishments include an increased risk of prostitution, high-risk sexual behavior, crime, and other deleterious effects upon existing businesses and surrounding residential areas, and decreased property values.

(3)

The board intends to control the impact of these secondary effects in order to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and areas.

(4)

It is not the intent of the board to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the secondary effects of adult-oriented establishments while providing an outlet for First Amendment protected activities.

(5)

In order to minimize and control the secondary effects of adult-oriented establishments upon the county, it is the intent of the board to prevent the concentration of adult-oriented establishments within a certain distance of each other and within certain distance of other specified locations which are incompatible with and would suffer from the secondary effects of adult-oriented establishments.

(c)

Standards. The First Amendment and other provisions of the United States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult-oriented establishments are entitled to certain protections. Therefore, an adult bookstore, an adult motion picture theater, and an adult cabaret are permitted as a conditional use permit in the I Industrial zoning district and shall be a prohibited use in any other zoning district. The adult-oriented establishment may locate in the specified district only if applicable zoning district regulations are met:

(1)

Such use shall not be located within 1,000 feet of any residence.

(2)

Such use shall not be located within 1,000 feet of a public or private school, church, nursery, day care center, or park.

(3)

Such use shall not be located within 1,000 feet of another adult bookstore, adult motion picture theater, or adult cabaret.

(4)

The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the building which the proposed use is to be located, to the nearest point of the curtilage of the residence, school, church, nursery, day care center or park.

(5)

Such use shall not be located in a structure that has a door, window, or opening that is constructed in such a way that the public can view the interior contents or activities without entering the structure.

(6)

Such use shall display a two-foot by two-foot sign located within three feet of the structure entrance in such a position that any person approaching to enter will be able to read the following: "Must be 18 years old to enter" and "Material beyond this door may be offensive."

(7)

Violation of these provisions is declared to be a public nuisance per se.

(8)

Nothing in this subsection is intended to authorize, legalize or permit the establishment, operation, or maintenance of any business, building, or use which violates any county ordinances or statute of the state regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof.

(Code 1987, § 17.27; Res. No. 10-04, 1-26-2010; Res. No. 14-10, 3-25-2014)

(a)

The approval for a tourist rooming house shall be for a period of one year of operation. The one year shall commence from the date the permit is issued, however, a land use permit shall not be issued prior to the property owner obtaining a lodging license from the Rusk County Public Health Department. The permit shall remain in effect provided annual reviews by the zoning administrator discloses that a lodging license has been obtained and is current, the conditions and all requirements of this chapter are adhered to.

(b)

Operational rules shall be provided that establish guidelines that the tenants must comply with regarding, but not limited to; off-street parking, garbage collection, occupancy limits, fireworks, and excessive noise.

(1)

The maximum number of tenants allowed to reside shall not exceed two persons per bedroom, plus two persons.

(2)

A local contact person shall be identified that will be responsible to manage the property. The property owner may be the contact person.

(3)

Contact information shall be posted on an exterior wall near the main entrance of the residence with a minimum display area of eight inches by ten inches. The following must be provided:

a.

Address of property.

b.

Emergency contact information for police, fire, ambulance.

c.

Owner's and local contact person's phone number, and phone number for the Rusk County Zoning Office.

d.

Maximum number of occupants allowed.

(4)

One business sign may be placed on the property with a maximum display are of 12 square feet.

(5)

The use of recreational vehicles and/or tents is prohibited.

(6)

Upon occurrence of two documented violations of the operational rules within a calendar year, the owner shall be subject to revocation of the permit.

(Res. No. 16-21, 8-30-2016; Res. No. 16-21A, 1-22-2019)