(a)

No permit shall be issued and no land shall be used or structure erected where the land is held unsuitable for such use or structure by the economic development and land use planning committee by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this county.

(b)

Pursuant to the county land division control ordinance, the county shall review all land divisions, including those in shoreland areas. In such review the following factors shall be considered, where applicable:

(1)

Hazards to the health, safety or welfare of future residents.

(2)

Proper relationship to adjoining areas.

(3)

Public access to navigable waters, as required by law.

(4)

Adequate storm drainage facilities.

(5)

Conformity to state law and administrative code provisions.

(c)

"Aesthetics" may only constitute grounds for prohibiting the use if such use will depreciate the value of property in the neighborhood or impose a visual effect upon neighbors or passersby which is clearly obnoxious to the prevailing taste of the community. The economic development and land use planning committee, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the economic development and land use planning committee may affirm, modify, or withdraw its determination of unsuitability.

(d)

A minimum of thirty-three (33) feet of all lots shall abut upon a public street, or other means of access that was in existence prior to the original adoption of the ordinance from which this section is derived and which has been approved by the town. All lots shall also have a minimum width at the street yard setback line as prescribed for the particular zoning district in which the lot is located. All principal structures shall be located on a lot; and only one (1) principal structure shall be located, erected, or moved onto a lot unless more are allowed and regulated by conditional use permit or site plan review.

(e)

No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width. No zoning permit shall be issued for a lot which abuts upon the termination of a non-through-public street unless such street has been or is to be provided with a permanent cul-de-sac or other type of permanent turnaround as determined by the town board of the town in which such lot is located.

(f)

Widths and area of all lots not served by a public sanitary sewer system or other sewage disposal system approved by that state agency having jurisdiction over the approval or disapproval of such system shall be sufficient to permit the use of a private on-site wastewater treatment system (POWTS) designed in accordance with applicable state and county sanitary regulations but in no case shall be less than one hundred fifty (150) feet in width and forty thousand (40,000) square feet in area unless said lot width and area has been approved by the economic development and land use planning committee through the land division or conditional use process.

(g)

When there is a reasonable likelihood that unsewered lots will be sewered within ten (10) years and that the required frontage thereafter will be seventy-five (75) feet, the economic development and land use planning committee or subdivider may cause dotted lines to be drawn across the center of the lots applicable on plat and zoning maps so as to notify prospective purchasers of that possibility.

(h)

Within the APO airport protection overlay district, no structure shall be erected, altered or maintained, nor shall any mobile object be operated, nor shall any vegetation be allowed to grow if such structures, object or vegetation penetrates or intrudes upon any of the protected surfaces defined in section 20-898, except that nothing in this section shall be construed as prohibiting the construction, alteration or maintenance of any structure or the growth of any tree up to a height of fifty (50) feet above the ground surface at its base; or prohibiting the construction, alteration or maintenance of structures necessary to the operation of the airport. Trees shall be trimmed to a height of five (5) feet below the elevation of the protected surface to provide a reasonable interval of clearance between the time of trimming and the time when the vegetation again grows to a height which invades the protected surface.

(Code 1975, § 7.025; Ord. No. 86-17, § 7.025, 7-22-86; Ord. No. 2000-251S, 8-28-01; Ord. No. 2007-28, 6-26-07; Ord. No. 2020-110, 4-13-21)

Where public water supply systems are not available, private well construction shall be required to conform to W.A.C. NR 812. Where a public sewage collection and treatment system is not available, design and construction of private sewage disposal systems shall be governed by chapter 19 adopted by the county pursuant to W.S.A., § 59.70(5). No private waste disposal systems or parts thereof shall be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or their use changed without full compliance with chapter 19. A zoning permit for a principal structure or an addition thereto may not be issued until evidence of such compliance is provided to the zoning administrator.

(Code 1975, § 7.027; Ord. No. 86-17, § 7.027, 7-22-86; Ord. No. 2020-110, 4-13-21)

The use restrictions and regulations set forth in this division shall apply throughout the county.

(Code 1975, § 7.026)

Only those principal uses specified for a district, their essential services, and the following uses on the conditions specified in this division shall be permitted in that district.

(Code 1975, § 7.026)

(a)

Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction, except as provided in subsection (b) below.

(b)

Accessory structures may be permitted in the agricultural districts prior to the presence of the principal structure provided that the parcel on which the accessory structure will be located is ten (10) contiguous acres in size or larger, the accessory structure is intended for an agricultural use, the proposed accessory structure meets the setback requirements needed for a principal structure in that district, and the accessory structure is at least one hundred (100) feet from any existing residence on abutting parcels.

(c)

Accessory uses may include, but are not limited to, incidental repairs; incidental storage; parking areas; private swimming pools; private emergency shelters; and gardening. Examples of accessory structures (regardless of whether attached to a foundation) are barns, detached garages, playhouses, sheds, private greenhouses, gazebos, storage buildings, boathouses, wind energy facilities, swimming pool pump houses.

(d)

Servant's and itinerant agricultural laborer's quarters not for rent may be considered accessory uses, subject to conditional use approval. In areas not served by public sanitary sewer, any added quarters must have private onsite wastewater treatment system (POWTS) sanitary approval prior to zoning permit issuance. These uses will also require a recorded deed restriction at the time of the filing of the zoning permit application indicating that the proposed use is associated with the principal use on the property, that the quarters are not for rent, that quarters are limited in area to the lesser of eight hundred (800) square feet or fifty (50) percent of the habitable floor area of the main residence, and that the structure with this use will be utilized as a single housekeeping entity and not as a multi-family dwelling. In addition, a detached accessory structure used for the above quarters must be located on the same property as the principal structure/use and comply with accessory structure setbacks, but in no case may be less than twenty-five (25) feet from a lot line. In the A-1 district all servant's and itinerant agricultural labor's quarters must qualify under W.S.A., § 91.01(19).

(e)

In-law suites (herein "suite") may be allowed as an accessory use to a single-family residence located in the R-1, R-2, R-2S, R-3, R-3A, R-4, R-5, R-5A, A-1, A-2 and C-2 zoning districts, subject to the following:

(1)

Up to two (2) family members related by blood or marriage to the family occupying the principal structure may reside in the suite and must be allowed unrestricted access to the common areas of the dwelling.

(2)

The suite shall not have separate gas, water, and/or electric meters (more than one (1) meter per utility would constitute a multi-family dwelling unit, which is prohibited).

(3)

The suite shall not be located in any detached accessory structure.

(4)

The gross floor area of the suite shall not exceed eight hundred (800) square feet (not including areas for common utilities such as water heater, furnace, etc.).

(5)

The suite shall be connected to the main heated living area of the dwelling by way of common walls (the suite shall not be connected to the dwelling by a breezeway, garage, or corridor as this would constitute a multi-family dwelling unit and that is prohibited). A code-compliant suite may be located above a garage that is attached in its entirety to a single-family residence.

(6)

There shall be only one (1) address and one (1) mailbox for the lot containing the residence and suite.

(7)

The suite addition shall be constructed so as to be compatible and in harmony in terms of architecture, color, materials and texture with the exterior of the principal residence.

(8)

In areas not served by public sanitary sewer, any suite that is added onto or created within an existing residence must have private onsite wastewater treatment system (POWTS) sanitary approval prior to zoning permit issuance.

(9)

The suite shall have its principal means of access to the outdoors from the main dwelling unit via said dwelling unit's main exterior doorways (a sole segregated doorway from the suite to the outdoors would constitute a multi-family dwelling unit and that is prohibited).

(10)

The suite may have up to one (1) bedroom, kitchenette, and bathroom, along with a sitting room or parlor.

(11)

There may be no more than one (1) suite addition within or attached to a single-family residence.

(12)

Evidence of a recorded deed restriction will be required at the time of the filing of the zoning permit application that establishes that persons within the home are required to be living together in the dwelling as a single housekeeping entity, that the living area shall not be utilized as a two-family dwelling, and that the suite will be in compliance with subsection 20-1008(e).

(f)

"A", "C-2" and "R" district residential accessory uses and structures shall not involve the conduct of any business, trade, or industry, except if allowed as a principal or conditional use, and as allowed in section 20-1015 for storage of home occupation materials, which may not exceed two hundred (200) square feet of storage area for the home occupation. A greater storage area of home occupation materials may be approved in association with conditional use approval in the A-2 zoning district if granted by the economic development and land use planning committee.

(Code 1975, § 7.026; Ord. No. 86-86, § 7.026, 8-26-86; Ord. No. 2007-28, 6-26-07; Ord. No. 2015-90, 12-15-15; Ord. No. 2017-1, 5-23-17)

(a)

Parking of vehicles accessory to a residential use shall be limited to those actually used by the residents or for temporary parking for guests. Vans or pickup trucks used for private and recreational use, or a motor home (recreational vehicle), or a van or pickup truck used in a business or trade and commercial vehicle per subsection (b) used for transportation to and from a place of employment or workplace of the occupant may be parked on a residential property.

(b)

One (1) commercial vehicle of not over one-ton rated capacity may be parked per residential dwelling unit, providing all of the following conditions are met: vehicle is registered and licensed; used by a resident of the premises; gross weight does not exceed ten thousand (10,000) pounds, including any load; height does not exceed nine (9) feet as measured from ground level, excluding antennas, air vents, and roof-mounted air conditioning units, but including any load, bed, or box; and total vehicle length does not exceed twenty-six (26) feet, including attachments thereto (such as plows, trailers, etc.).

(c)

Recreational vehicles shall be parked in the rear or side yards only or in compliance with same setbacks allowed for accessory structures in subsections 20-1115(b)(1), (b)(2), and (b)(3). Recreational vehicles must maintain a minimum of a six-foot setback from the rear and side lot lines but are not restricted to a minimum setback to the principal structure. For the purpose of this section, recreational vehicles shall include boats and trailers, snowmobiles and their trailers, minibikes or trailbikes and their trailers, and unoccupied tent campers and travel trailers, all-terrain vehicles and personal watercraft and their trailers.

(d)

No other vehicular equipment of a commercial or industrial nature, except as stated above, shall be parked or stored for more than two (2) consecutive hours and four (4) accumulated hours during any twenty-four-hour period on any lot in any zoning district except business and industrial districts or as permitted by conditional use in the A-2 district (also see section 20-1226).

(e)

Outdoor parking of semi-tractors/trailers on commercial property (B-district), that is not a principal use (e.g., truck sales), an accessory use (e.g., delivery vehicles), or which has not been approved through the conditional use or site plan review process is prohibited.

(f)

Agricultural equipment (such as farm tractors, plows, farm plows, seeders, combines, cultivators, trucks owned and used by the farmer in the operation of the farm, etc.) used in a farm operation are permitted in all agricultural districts.

(Code 1975, § 7.026; Ord. No. 98-21, 6-9-98; Ord. No. 2005-69S, 9-13-05; Ord. No. 2011-61, 11-8-11)

(a)

Conditional uses and their accessory uses are considered as special uses which require approval and a public hearing if there is approval all in accordance with section 20-1141 et seq.

(b)

Any development within five hundred (500) feet of an existing or mapped right-of-way of a freeway or expressway and within one thousand five hundred (1,500) feet of their existing or mapped centerline of interchange with any other road shall be deemed to be a conditional use. Any development within fifty (50) feet of any existing or mapped state trunk highway or county trunk highway and within one hundred fifty (150) feet of an existing or mapped centerline of intersection with any other road shall be deemed to be a conditional use. Such development shall be specifically reviewed in accordance with section 20-1141 et seq.

(c)

Unless otherwise provided in the permit, a conditional use permit shall have an indeterminate duration provided that the use for which it was obtained has commenced as required by subsection 20-1141(c) and continues without abandonment as provided in subsection 20-1141(d) in accordance with its terms, and a conditional use permit shall be transferable with the land, provided that the use for which it was obtained does not change.

(Code 1975, § 7.026; Ord. No. 2005-69S, 9-13-05)

Unclassified or unspecified uses may be permitted after the economic development and land use planning committee has made a review and recommendation provided that such uses are similar in character to the principal uses permitted in the district.

(Code 1975, § 7.026; Ord. No. 2020-110, 4-13-21)

Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the economic development and land use planning committee.

(Code 1975, § 7.026; Ord. No. 2020-110, 4-13-21)

Performance standards listed in section 20-1061 et seq. shall be complied with by all uses in all districts.

(Code 1975, § 7.026)

Ponds, impoundments and similar bodies are permitted in all zoning districts provided that:

(1)

To the maximum extent possible, all excavated material shall remain on site and shall be integrated into the restoration of the pond area.

(2)

Detailed plans (site plan, cross section, depth, area, location and disposition of spoils, timing) of the proposed pond excavation and restoration shall be submitted to the economic development and land use planning committee department for review and approval.

(3)

A permit is required for such pond construction prior to any excavation.

(4)

Except as discussed below, these provisions apply to all ponds, including, but not limited to, those utilized for the following purposes: drainage, recreation, aesthetics, sediment control, fish management. Stormwater ponds done by drainage districts according to district plans, ponds which have been previously reviewed and approved as part of an erosion control plan and existing ponds are exempt from such provisions.

(5)

Borrow pits for public facility construction, such as for public roads, are subject to review and approval by the development services department.

(6)

Ponds to be constructed in the shoreland or floodplain areas remain subject to the shoreland, wetland and/or floodplain provisions of this chapter which may limit such construction and will require a shoreland conditional use permit.

(7)

Ponds should be constructed in conformance with the standards of the soil conservation service.

(8)

If the excavated material from the project site is sold, given away, or is otherwise removed from the site in a manner in which the principal use appears to be soil removal, and pond construction appears to be a secondary result, the parcel shall be rezoned to M-4 quarrying district and a mineral extraction conditional use permit shall be obtained prior to any excavation or grading on the parcel.

(Code 1975, § 7.026; Ord. No. 89-255, 2-27-90; Ord. No. 2001-185, 1-22-02; Ord. No. 2020-110, 4-13-21)

(a)

It is the intent of this section to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of their existence other than for a permitted sign.

(b)

A home occupation is any gainful occupation or profession engaged in by an occupant of a dwelling unit which meets the following criteria:

(1)

The occupation must be clearly incidental to the use of the dwelling unit as a residence, with one-half (½) or less of any floor being used for the home occupation.

(2)

No outdoor display or storage of materials, goods, supplies or equipment used in the home occupation shall be permitted on the premises.

(3)

There shall be no visible evidence that a home occupation is being operated in the residence, except for the permitted sign, one (1) nonilluminated nameplate (name, address and type of home occupation) not to exceed two (2) square feet in area either mounted flat on the dwelling or a yard light post or signpost set back a minimum of five (5) feet from the highway right-of-way line.

(4)

A maximum of two (2) persons other than members of the immediate family residing in the dwelling may be employed in the dwelling unit at any given time. The applicant for a home occupation permit must reside at the location of the proposed home occupation.

(5)

Except for storage of materials as allowed in section 20-1008(f), no activity related to a home occupation shall be conducted in any detached structure or in any attached garage. On-site tune-up, servicing, repair, salvage, wrecking, or painting services for non-property owner automobiles, trucks, boats, trailers, snowmobiles, recreational vehicles, or other motorized vehicles shall be prohibited as a home occupation.

(6)

No stock in trade shall be displayed or sold upon the premises.

(7)

A home occupation shall not generate noise, vibration, glare, odors, fumes, or hazards detectable to the normal senses off the property.

(8)

No toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials shall be used or stored on the site for home occupation purposes. There shall be no loading of bullets; preparation of ammunition; or sale, trade, lease or rental of firearms and/or ammunition in a home occupation. This does not preclude a home occupation for a gunsmith for the service or repair of firearms or for a firearm collector, licensed by the Bureau of Alcohol, Tobacco, and Firearms.

(9)

The use shall not require more than two (2) additional off-street parking spaces for clients or customers.

(10)

No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

(c)

Permits granted under this section shall be temporary in nature (they do not run with the land) and shall be granted to a designated person who resides at a specific residential address. Tenants must provide written evidence of the property owner's approval prior to issuance of a permit. The permits are not transferable from person to person, or from address to address.

(Code 1975, § 7.026; Ord. No. 89-255, 2-27-90; Ord. No. 2011-61, 11-8-11)

No pyramiding, as defined in section 20-1, shall be permitted on any lands fronting a public body of water except as may be specifically permitted accessory to a marina or resort or which may be allowed under the terms of a conditional use permit for a planned residential development or which may be approved as a part of a subdivision plat review.

(Code 1975, § 7.026; Ord. No. 88-160, § 7.026, 1-10-89; Ord. No. 93-9, 5-11-93)

No lot, yard, parking area, building, area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(Code 1975, § 7.029)

Except for the commercial raising, propagation, boarding, or butchering of animals or foul, which are conditional uses, any restriction of the number and type of animals and pets permitted within a particular district shall be the responsibility of the local town boards. This includes beekeeping in districts zoned residential.

In this section, commercial shall mean any activity conducted with the intent of realizing a profit from the sale of goods or services to others.

(Ord. No. 93-183, 1-11-94; Ord. No. 2016-52, 6-14-16)

Cross reference— Animals generally, Ch. 4.

In any district which allows single-family or two-family residences as a principal use, the following are permitted uses:

(1)

Licensed community living arrangements which have a capacity for eight (8) or fewer persons, subject to the limitations set forth in W.S.A., § 59.97(15).

(2)

Licensed family foster homes subject to the regulations set forth in W.S.A., § 48.62.

(3)

Licensed family day care homes subject to the regulations set forth in W.S.A., § 48.65 and must meet W.S.A., § 91.01(1)(d).

(Ord. No. 93-183, 1-11-94; Ord. No. 2015-90, 12-15-15)

No single family dwelling or two-family dwelling shall be erected or installed in any zoning district unless it meets all of the following:

(1)

Is set on an enclosed foundation in accordance with W.S.A., § 70.043(1), which meets the standards set forth in Subchapters III, IV, and V of Chapter ILHR 21 Wis. Adm. Code, or is set on a comparable enclosed foundation system approved by the town building inspector. The building inspector may require a plan certified by a registered architect or registered professional engineer to be submitted in order to ascertain that a proposed comparable foundation system provides proper support for the structure.

(2)

Is properly connected to utilities.

(3)

Shall have core area of living space, measured at the ground floor, twenty (20) feet by twenty (20) feet in size.

(4)

Shall have a total core area of living space of at least eight hundred (800) square feet.

Subject to provisions (1)—(4) above, manufactured dwellings, manufactured homes, and modular homes that are installed in accordance with the manufacturer's instructions or a plan certified by a registered architect or engineer so as to insure proper support for the home, are permitted in any district where single family dwellings or two-family dwellings are shown as permitted or conditional uses.

(Ord. No. 94-235, 2-28-95; Ord. No. 96-116, 10-8-96)

(a)

Purpose. To protect water quality and fish and wildlife habitat and to protect against pollution to navigable waters. Impervious surface standards apply to the construction, reconstruction, expansion, replacement or relocation of any impervious surface on a riparian lot or parcel and any nonriparian lot or parcel that is location entirely within three hundred (300) feet of the ordinary high-water mark of any navigable waterway.

(b)

Calculation of impervious surface. Percentage of impervious surface shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the portion of a lot or parcel that is within three hundred (300) feet of the ordinary high-water mark by the total surface area of the lot or parcel, and multiplied by one hundred (100). Impervious surfaces described in (f) may be excluded from the calculation of impervious surface on the lot or parcel. If an outlot lies between the ordinary high-water mark and the developable lot or parcel and both are in common ownership, the lot or parcel and the outlot shall be considered one (1) lot or parcel for the purpose of calculating the percentage of impervious surface.

(c)

General impervious surface standard. Except as allowed in [section] (e) allow up to fifteen (15) percent impervious surface on the portion of a lot or parcel that is within three hundred (300) feet of the ordinary high-water mark.

(d)

Impervious surface standard for highly developed shorelines. The county at its discretion may adopt an ordinance for highly developed shorelines allowing up to thirty (30) percent for residential land use and up to forty (40) percent for commercial, industrial, or business land uses for lands that meet one (1) of the following standards:

(1)

The highly developed shoreline is identical as an Urbanized Area or Urban Cluster in the 2010 US Census or has a commercial, industrial, or business land use as of January 31. 2013. The 2010 Census Urban Area Reference Maps may be viewed at https://census.gov/geo/maps-data/maps/2010ua.html

(2)

After conducting a hearing and receiving approval by the department of natural resources, the county has mapped additional areas of highly developed shorelines that are at least five hundred (500) feet in length and meet one (1) of the following criteria:

a.

The majority of the lots are developed with more than thirty (30) percent of impervious surface area.

b.

Located on a lake served by a sewerage system as defined in W.A.C. NR 110.03(30).

c.

The majority of lots containing less than twenty thousand (20,000) square feet in area.

(e)

Maximum impervious surface. A property may exceed the impervious surface standard under [section] (c) or (d) provided the following standards are met:

(1)

For properties where the general impervious surface standard applies under section (c), a property owner may have more than fifteen (15) percent impervious surface, but not more than thirty (30) percent impervious surface on the portion of a lot or parcel that is within three hundred (300) feet of the ordinary high-water mark.

(2)

For properties on shorelands where the impervious surface standards for highly developed shorelines applies under (c), a property owner may have more than thirty (30) percent impervious surface, but not more than forty (40) percent impervious surface for residential land uses. For commercial, industrial, or business land uses a property owner may have more than forty (40) percent impervious surface, but not more than sixty (60) percent impervious surface.

(3)

For properties that exceed the standard under[section] (c) or (d), but do not exceed the maximum standard under [section] (c)(1) or (d)(2), a permit can be issued for development with a mitigation plan that meets the standards found in section 20-1046.

(f)

Treated impervious surfaces. Impervious surfaces that can be documented to show meet either of the following standards may be excluded from the impervious surface calculations under section (b).

(1)

The impervious surface is treated by devices such as a stormwater ponds, constructed wetlands, infiltration basins, rain gardens, bio-swales or other engineered systems.

(2)

The runoff from the impervious surface discharges to an internally drained previous area that retains the runoff on or off the parcel and allows infiltration into the soil.

(3)

To qualify for the statuary exemption, property owners shall submit a complete permit application that is reviewed and approved by the county. The application shall include:

a.

Calculations showing how much runoff is coming from the impervious surface area.

b.

Documentation that the runoff from the impervious surface is being treated by a proposed treatment system, treatment device, or internally drained area.

c.

An implementation schedule and enforceable obligation on the property owner to establish and maintain the treatment system, treatment devices, or internally drained area. The enforceable obligations shall be evidenced by an instrument recorded in the office of the register of deeds prior to the issuance of the permit.

(g)

Existing impervious surfaces. For existing impervious surfaces that were lawfully placed when constructed, but that do not comply with the impervious surface standard in section (c) or the maximum impervious surface standard in section (d), the property owner may do any of the following:

(1)

Maintain and repair the existing impervious surfaces;

(2)

Replace existing impervious surfaces with similar surfaces within the existing building envelope;

(3)

Relocate or modify an existing impervious surface with similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of the county shoreland ordinance, and the impervious surface meets the applicable setback requirements in W.A.C. NR 115.05(1)(b).

(h)

Interpretation. This section of the chapter shall not be construed to supersede other provisions in the county shoreland ordinances. Maintenance, reconstruction, replacement, relocation, and expansion of existing structures must comply with other provisions of the chapter, the shoreland setback standards and the nonconforming structure provisions.

(Ord. No. 2020-110, 4-13-21)

(a)

In addition to any other applicable use, site or sanitary regulation, the provisions of this division shall apply to shorelands within the county.

(b)

With respect to the application of this division during such time period, if any, when any town in the county shall not have adopted this chapter and related zoning map, see section 20-8.

(Code 1975, § 7.028)

(a)

To protect water quality, fish and wildlife habitat, and natural scenic beauty, and to promote preservation and restoration of native vegetation, land that extends from the ordinary high-water mark to thirty-five (35) feet inland is a vegetative buffer zone and removal of vegetation in the vegetative buffer zone is prohibited except as follows.

(1)

Routine maintenance of vegetation.

(2)

Removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors. The viewing corridor may be thirty-five (35) feet per one hundred (100) feet (thirty-five (35) percent). Viewing corridor may be contiguous, not limited to two hundred (200) feet in total waterfront footage.

(3)

Removal of trees and shrubs in the vegetative buffer zone on a parcel with ten (10) or more acres of forested land consistent with "generally accepted forestry management practices" as defined in NR 1.25 (2)(b), and described in department of natural resources publication "Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal be consistent with these practices.

(4)

Removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area as soon as practicable.

(5)

By permit, additional vegetation management activities in the vegetative buffer zone. The permit shall require that all management activities comply with detailed plans approved by the county and designed to control erosion by limiting sedimentation into the waterbody, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area.

(b)

Tree cutting and shrubbery clearing are prohibited except for home and park site development, access roads, customary trimming, dead tree removal, stream and drainage projects approved by the economic development and land use planning committee, and managed timber harvesting under a state district forester's plan within the following distances from ordinary high water:

(1)

Lakes 50 acres or more in area .....300 feet

(2)

Lakes less than 50 acres in area .....200 feet

(3)

Navigable streams .....100 feet

(4)

All other streams .....75 feet

(c)

Within the Lake Michigan shoreland area, such tree cutting and shrubbery clearing, except for the permitted uses noted above, shall be prohibited within the SSO structural setback overlay district and the NSO nonstructural setback overlay district.

(Code 1975, § 7.028; Ord. No. 2020-110, 4-13-21)

Editor's note— Ord. No. 2020-110, adopted April 13, 2021 amended § 20-1037 and in doing so changed the title of said section from "Tree cutting, shrubbery clearing" to "Tree cutting, shrubbery clearing and vegetative buffer zone," as set out herein.

Site, road (except roads used primarily for agricultural purposes), path, and trail development and all other cutting and trimming within the shoreland area may be conditional uses requiring review, public hearing and approval by the economic development and land use planning committee or may be subject to review and approval by the zoning administrator in accordance with section 20-1141 et seq.

(Code 1975, § 7.028; Ord. No. 2020-110, 4-13-21)

(a)

Earth movements and soil disturbance activities such as grading, topsoil removal, filling, road cutting, construction, altering, or enlargement of waterways, removal of stream or lakebed material, excavation, channel clearing, ditching, dredging, lagooning, and soil and water conservation structures may be conditional uses requiring review, public hearing, and approval by the economic development and land use planning committee or may be subject to review and approval by the zoning administrator in accordance with section 20-1141 et seq., in addition to the permit required from the state agency having jurisdiction under W.S.A. §§ 30.11, 30.12, 30.19, 30.195, 30.20. Within the Lake Michigan shoreland area, the construction of new permanent residential, institutional, commercial, industrial, agricultural and transportation structures is prohibited within the SSO structural setback overlay district and the NSO nonstructural setback overlay district, section 20-916 et seq.

(b)

In addition, only filling, grading, lagooning, dredging, ditching or excavating that is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat may be permitted in the shoreland area. Filling, grading, lagooning, dredging, ditching or excavating in a SWO shoreland-wetland overlay district may be permitted only if the requirements of section 20-966 et seq. are met. Also, no filling or grading is allowed within thirty-five (35) feet of the ordinary high water mark; except for activities related to boathouses or restoration of vegetation.

(c)

A state or federal permit may be required, in addition to a permit under this chapter, if state or federal laws are applicable to the filling, grading, lagooning, dredging, ditching or excavating that is proposed.

(Code 1975, § 7.028; Ord. No. 86-17, § 7.028, 7-22-86; Ord. No. 2020-110, 4-13-21)

All new, single-family residential parcels created in the shoreland area shall at the minimum meet either the standards of the R-5A urban residential district (III) in areas with public sanitary sewer or the standards of the R-2 suburban residential district (unsewered) in those areas without public sanitary sewer.

(Ord. No. 86-17, § 7.028, 7-22-86)

Within the NSO nonstructural setback overlay district, relocatable structures may be allowed as a conditional use provided that:

(1)

The property extends sufficiently outside the NSO nonstructural setback overlay district so that the structure can be relocated outside the NSO district in the future; and

(2)

The structure is certified by a professional building moving contractor as being relocatable at a cost not exceeding thirty (30) percent of the estimated equalized value of the structure.

This conditional use requires review, public hearing, and approval by the economic development and land use planning committee and approval by the zoning administrator in accordance with section 20-1141 et seq. Relocatable structures are not allowed as conditional uses within the SSO structural setback overlay district.

(Code 1975, § 7.028; Ord. No. 2020-110, 4-13-21)

Grazing, livestock watering and feeding, and application of fertilizers shall be prohibited unless conducted in accordance with the county's conservation standards, as such standards are formulated and adopted by the economic development and land use planning committee.

(Code 1975, § 7.028; Ord. No. 2020-110, 4-13-21)

Where W.S.A. §§ 30.18, 144.025(2) and 144.555 require a state permit for surface waters withdrawal, diversion or discharge for irrigation, processing, cooling or any other purpose, then such activities may be a conditional use requiring review, public hearing and approval by the economic development and land use planning committee or may be subject to review and approval by the zoning administrator in accordance with section 20-1141 et seq. The economic development and land use planning committee shall advise the state agency having jurisdiction of the results of the public hearing or the zoning administrator's review and whether the conditional use was approved.

(Code 1975, § 7.028; Ord. No. 2020-110, 4-13-21)

(a)

In order to help prevent and control further erosion and consequent sedimentation of the surface waters of the county, crop production on lands that are severely eroded is prohibited, and such lands shall be planted to permanent vegetation.

(b)

For purposes of this section, all lands designated by the U.S. Soil Conservation Service as having an erosion factor of three (3) or more, as shown on the operational soil survey maps on file with the zoning administrator, shall be considered as being severely eroded. An erosion factor of three (3) means that three-fourths or more of the surface soil has been removed by erosion.

(Code 1975, § 7.028)

Within the shore yard setback area in conformance with the regulations of the Wisconsin Department of Natural Resources, no structures are permitted. "Structures" includes fences, ice fishing shanties, accessory buildings other than boathouses, minor structures, and any retaining wall not approved by a site plan review/conditional use approval or approved by the Wisconsin Department of Natural Resources.

(1)

Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution. Unless exempt under 20-1045(b), mitigated under 20-1046, a setback of seventy-five (75) feet from the ordinary high-water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.

(2)

All of the following structures are exempt from the shoreland setbacks standards in sec. 20-1045(a):

a.

Existing exempt structures may be maintained, repaired, replaced, rebuilt and remodeled provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. Expansion of a structure beyond the existing footprint is allowed if the expansion is necessary to comply with applicable state or federal requirements. Boathouses located entirely above the ordinary high-water mark and entirely within the access and viewing corridor that do not contain plumbing and are not used for human habitation. The roof of a boathouse may be used as a deck provided that:

1.

The boathouse has a flat roof.

2.

The roof has no sidewalls or screens.

3.

The roof may have a railing that meets the Department of Safety and Professional Services standards. (St. 59.692(lo))

4.

The flat-roofed boathouse existed before the adoption of the ordinance from which this section is derived.

b.

Open sided and screened structures such as gazebos, decks, patios, and screen houses in the shoreland setback area that satisfy the requirements in W.S.A 59.692(1v).

1.

The part of the structure that is nearest to the water is located at least thirty-five (35) feet landward from the ordinary high-water mark.

2.

The floor area of all the structures in the shoreland setback area will not exceed two hundred (200) feet.

3.

The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.

4.

The county must be approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least seventy (70) percent of the half of the shoreland setback area that is nearest to the water.

c.

Broadcast signal receivers, including satellite dishes or antennas that are one (1) meter or less in diameter and satellite earth station antennas that are two (2) meters or less in diameter.

d.

Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pumphouse covers. Private on-site wastewater treatment systems that comply with ch. SPS Comm 383, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control storm water runoff from the structure.

e.

Walkways, stairways, or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of sixty (60) inches in width.(6) Devices or systems to treat runoff from impervious surfaces.

f.

Devices or systems to treat runoff from impervious surfaces.

(Ord. No. 91-130, § 7-028, 11-5-91; Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

Editor's note— Ord. No. 2020-110, adopted April 13, 2021 amended § 20-1045 and in doing so changed the title of said section from "No structure permitted within shoreland setback area" to "Shoreland setbacks and exempt structures," as set out herein.

A plan to mitigate for the adverse effects of construction, on a waterfront property, within three hundred (300) feet of the ordinary high water mark of a navigable water. The proportionality of the mitigation necessary for remediating the adverse impacts of the proposed construction activities to satisfy the zoning permit depends on the type, size and location of the construction activity and the professional judgement of the development services staff. The development services staff must approve a mitigation plan and an affidavit may be filed with the property deed. The following are requirements and options for mitigation:

(1)

A site plan that describes the proposed mitigation measures.

a.

The site plan shall be designed and implemented to restore natural functions lost through development and human activities.

b.

The mitigation measures shall be propositional in scope to the impacts on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty.

c.

A minimum of two (2) mitigation options shall be chosen and implemented from the list below. Greater than two (2) may be necessary based on the proportionality to impact.

• Installing and maintaining a thirty-five-foot natural vegetation buffer in the primary buffer zone

• Removal of a boathouse or accessory structure that is within thirty-five-feet of the OHWM

• Removal of existing impervious surfaces proportional to construction or project impacts

• Removal of shoreland setback area structures (e.g. seawalls, bulkheads, artificial beaches and fire pits)

• Limit an access path within the thirty-five-foot primary buffer zone to a maximum of four-foot wide footpath

• Restoration/maintenance of additional footage of shoreline buffer beyond the thirty-five-feet from the OHWM (not applicable for lots with structures closer than sixty-five-feet to the OHWM). Proportionality based on amount of impact

• Restoration of native vegetation along side yards of lot (depth based on proportionality to impact)

• Directing runoff from impervious surfaces to existing naturally vegetated areas

• Moving nonconforming boathouses into conforming status

• Conversion of lawn to raingardens (note that if runoff from impervious surfaces is documented to be directed and treated by a raingarden, this would effectively remove that impervious surface area from the calculation for the parcel)

• Implementation of rain barrels

• Using natural looking exterior colors for structures; visually inconspicuous

• At the discretion of the development services department may approve for a mitigation activity that provides significant benefits to meet the objectives of this chapter.

(Ord. No. 2000-251S, 8-28-01; Ord. No. 2020-110, 4-13-21)

Editor's note— Ord. No. 2020-110, adopted April 13, 2021 amended § 20-1046 and in doing so changed the title of said section from "Mitigated shore yard structure" to "Mitigation," as set out herein.

A setback less than the seventy-five-foot required setback from the ordinary high water mark shall be permitted for a proposed principal structure and shall be determined as follows:

(1)

Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two (2) existing principal structures are set back from the ordinary high water mark provided all of the following are met:

a.

Both of the existing principal structures are located on adjacent lot to the proposed principal structure.

b.

Both of the existing principal structures are located within two hundred fifty (250) feet of the proposed principal structure and are the closest structure.

c.

Both of the existing principal structures are located less than seventy-five (75) feet from the ordinary high water mark.

d.

The average setback shall not be reduced to less than thirty-five (35) feet from the ordinary high water mark of any navigable water.

(2)

Where there is an existing principal structure in only one (1) direction, the setback shall equal the distance the existing principal structure is set back from the ordinary high water mark and the required seventy-five (75) feet from the ordinary high water mark provided all of the flowing are met:

a.

The existing principal structure is located on adjacent lot to the proposed principal structure.

b.

The existing principal structure is located within two hundred fifty (250) feet of the proposed principal structure.

c.

The existing principal structure is located less than seventy-five (75) feet from the ordinary high water mark.

d.

The average setback shall not be reduced to less than thirty-five (35) feet from the ordinary high water mark of any navigable water.

(Ord. No. 2020-110, 4-13-21)

Building and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance.

(Ord. No. 2020-110, 4-13-21)

This chapter permits specific uses in specific districts; and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. All structures, lands, air and waters shall hereafter, in addition to their use, site and sanitary, floodland and shoreland regulations, comply with the following performance standards.

(Code 1975, § 7.091)

No residential, commercial, industrial, institutional or recreational use shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that might run off, seep, percolate or wash or be harmful to human, animal, plant or aquatic life. This section shall not apply to uses other than those enumerated in it.

(Code 1975, § 7.092)

All noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittance, duration, beat frequency, impulse character, periodic character or shrillness.

(Code 1975, § 7.093)

No activity shall emit radioactivity or electrical disturbances so as to endanger the use of neighboring premises.

(Code 1975, § 7.094)

Any lighting source on any use, lot or parcel which is for the purpose of illuminating any structure exterior, sign, parking lot or outdoor area shall be established in a manner which satisfies the following conditions:

(1)

Such lighting shall be arranged, oriented or shielded in such a manner that direct radiation or glare from such source does not penetrate adjacent or nearby parcels or the public right-of-way.

(2)

The source of such illumination shall be arranged, oriented or shielded in a manner which will not endanger the safety of pedestrian or vehicular traffic.

(Ord. No. 86-86, § 7.095, 8-26-86)

Any fence, wall, hedge, yard space or landscaped area required by this chapter or grant of variance or conditional use shall be kept free of an accumulation of refuse or debris. Plant materials must be well kept in a healthy, growing condition; and structures, such as walls and fences, shall be maintained in sound conditions, good repair and appearance at all times.

(Ord. No. 86-86, § 7.096, 8-26-86)

No residential, commercial, industrial, institutional or recreational use shall emit an odor of such nature or quantity as to be offensive or unhealthful which is detectable at the lot line. The guide for determining odor measurement and control shall be Chapter NR 429 of the Wisconsin Administrative Code and amendments thereto.

(Ord. No. 93-3, 5-11-93)

Cross reference— Outdoor burning, § 13-51 et seq.

Editor's note— Ord. No. 2011-131S, adopted April 10, 2012, repealed § 20-1068 which pertained to floodproofing and derived from Ord. No. 94-155, § 11, adopted Nov. 10, 1994.

(a)

No obstructions, such as structures, parking or vegetation, shall be permitted in any district between the heights of two and one-half (2½) feet and ten (10) feet above the plane through the mean curb-grades within the triangular space formed by any two (2) existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of fifteen (15) feet from their intersection.

(b)

In the case of arterial streets' intersection with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to fifty (50) feet.

(Code 1975, § 7.051)

In all districts adequate loading areas shall be provided so that all vehicles loading, maneuvering or unloading are completely off the public ways and so that all vehicles need not back onto any public way.

(Code 1975, § 7.052)

(a)

In all districts and in connection with every use, there shall be provided, at the time any use or building is erected, enlarged, extended or increased, off-street parking stalls for all vehicles in accordance with the provisions of this section.

(b)

Adequate access to a public street shall be provided for each parking space, and driveways shall be at least ten (10) feet wide for one- and two-family dwellings and a minimum of twenty-four (24) feet for all other uses.

(c)

Each parking space shall be not less than nine (9) feet in width and not less than one hundred eighty (180) square feet in area exclusive of the space required for ingress and egress.

(d)

Location shall be on the same lot as the principal use or not over four hundred (400) feet from the principal use. No parking stall or driveway except in residential districts shall be closer than twenty-five (25) feet to a residential district lot line or a street line opposite a residential district.

(e)

All off-street parking areas shall be graded and surfaced so as to be dust free and properly drained. Any parking area for more than five (5) vehicles shall have the aisles and spaces clearly marked.

(f)

Curbs or barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

(g)

All open, off-street parking areas providing more than twenty-five (25) parking spaces, except parking areas restricted to use by employees only, shall provide parking spaces for use by motor vehicles which transport physically disabled persons in accordance with the requirements of W.S.A., §§ 346.50, 346.503, and 346.505.

Number of parking stalls required:

In the case of structures or uses not mentioned, the provision for a use which is similar shall apply.

(h)

Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use during such periods of time as the various uses are reasonably likely to be simultaneously requiring parking for employees, customers and other persons.

(Code 1975, § 7.053; Ord. No. 88-160, § 7.053, 1-10-89)

(a)

No direct access shall be permitted to the existing or proposed rights-of-way of expressways, freeways or interstate highways, nor to any other road, street or highway, without permission of the authority maintaining the facility.

(b)

Vehicle entrances and exits to drive-in theaters, banks, and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages; or public parking lots shall be not less than two hundred (200) feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter or place of public assembly.

(c)

Adjacent residential uses may agree to establish a common driveway. In such cases, the driveway midpoint should be the property line between the two (2) parcels; however, the precise location of such driveway will be determined by the jurisdictional highway authority. The driveway must meet standard specifications and the landowner(s) shall record cross access agreements to ensure continued use, upkeep and maintenance of the combined access points.

(d)

Sharing of access to state and county trunk highways by commercial or industrial land uses may also be permitted. Such shared access shall be shown on an adopted neighborhood or similar town plan as may be determined by the economic development and land use planning committee. Such shared access shall have the approval of the county highway department or state department of transportation, depending upon jurisdiction. A cross access agreement shall be recorded by all landowners utilizing such shared access. Such shared access must meet standard specifications.

(e)

When a parcel contains two (2) or more different zoning districts, a driveway shall not traverse the district abutting the highway to service a use/structure on the rear portion of the parcel in a different zone(s) unless that use/structure is also permitted in the zoning district abutting the highway or when specifically allowed in a planned unit development.

(f)

New or reconstructed access drives onto existing county trunk highways require the review and approval of the Racine County Public Works Department prior to their construction. Such approval will be based upon sight distances, road speeds, adopted public works department policy, and other factors.

(g)

Access drives to principal structures which traverse wooded, steep, or open fields shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles. All driveways shall have a minimum width of twelve (12) feet with road strength capable of supporting emergency and fire vehicles, in compliance with any town standards.

(Code 1975, § 7.054; Ord. No. 86-86, § 7.054, 8-26-86; Ord. No. 2000-251S, 8-28-01; Ord. No. 2005-69S, 9-13-05; Ord. No. 2020-110, 4-13-21)

Off-street parking is permitted in all yards of the B-4, B-5 and B-6 business districts, but shall not be closer than twenty-five (25) feet to any public right-of-way.

(Code 1975, § 7.062)

The outside storage of abandoned, unlicensed, inoperative, discarded or junked vehicles on privately owned properties within Racine County is a source of annoyance to members of the public and to owners and occupants of adjacent land. The outdoor storage of such vehicles on private property is unsightly and constitutes an attractive nuisance to children and peril to their safety. This legislation is intended hereby to protect public health and safety and to curb the deterioration of the community environment.

(1)

No property shall be used for the outside storage of abandoned, unlicensed, inoperative, dismantled, partially dismantled, discarded or junked vehicles, except as may be otherwise permitted in this chapter.

(2)

No dismantled, partially dismantled or parts of vehicles shall be stored outside on any property within the county, except as otherwise permitted within this chapter.

(3)

No person shall abandon any vehicle within Racine County and no person shall leave any vehicle at any place within the county for such time and under such circumstance as to reasonably cause such vehicle to appear to have been abandoned.

(4)

As used in this section, an abandoned, unlicensed, inoperative, discarded or junked vehicles is:

a.

Any vehicle that is:

1.

Without a current license;

2.

Being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some of the materials therein for the purpose of disposing of the same;

3.

Wrecked, discarded or dismantled;

4.

In such a condition as to cost more to repair and place in operating condition than its reasonable market value after such repair; or

5.

Left unattended for more than forty-eight (48) hours on property of another, if left without permission of the property owner.

b.

With respect to any vehicle not required to be licensed or not usually used on the public highways, the fact that such vehicle has remained unused for more than six (6) months and is not in condition to be removed under its own power shall be presumptive evidence that such vehicle is an abandoned, junked and/or inoperative vehicle.

c.

The fact that a vehicle does not display a current motor vehicle registration or license plate shall be presumptive evidence that such vehicle is not in any condition for legal use upon the highways.

(5)

The provisions of this section do not apply to vehicles kept by collectors or hobbyists pursuant to W.S.A., 341.266(4) or 341.268(4).

(Ord. No. 2005-69S, 9-13-05)

The district height limitations stipulated elsewhere in this ordinance may be exceeded, but such modification shall be in accord with the following:

(1)

Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.

(2)

Special structures, such as elevator penthouses, gas tanks, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smoke stacks, are exempt from the height limitations of this chapter.

(3)

Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.

(4)

Communication structures, such as radio and television transmission, receiving, and relay towers, aerials, and observation towers, shall not in any event exceed in height their distance from the nearest lot line, provided, however that any such structure, aerial or tower, if located within three (3) miles of a boundary line of an airport and landing strips, may not exceed the height limitations of the district in which it is located without prior proof of written notification of the public hearing to the owner of the said airport or landing strip, and prior written approval from the F.A.A. and Wisconsin Bureau of Aeronautics, if applicable.

(5)

Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.

(6)

Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of sixty (60) feet, provided all required yards are increased not less than one (1) foot for each foot the structure exceeds the district's maximum height requirement.

(Code 1975, § 7.061; Ord. No. 99-58S, pt. 2, 7-13-99; Ord. No. 2011-61, 11-8-11)

The yard requirements stipulated elsewhere in this chapter may be modified as provided in this division.

(Code 1975, § 7.062)

(a)

Pergolas and otherwise uncovered decks, stairs, landings and fire escapes may project into any yard, but not to exceed six (6) feet and not closer than three (3) feet to any lot line.

(b)

Architectural projections, such as chimneys, flues, sills, eaves, belt courses, ornaments, decorative projections, lighting fixtures, balconies, and bay/bow windows, may project into any required yard; but such projection shall not exceed two (2) feet and bay/bow windows must be less than or equal to eight (8) feet wide.

(c)

The projections permitted in paragraph (a) above shall not encroach into the minimum required shore yard setback area, except as allowed by section 20-1046, and no projection shall be closer than ten (10) feet from any street right-of-way.

(d)

The zoning administrator shall be authorized to review and issue a zoning permit to allow a nonconforming building addition projection, such as a wheelchair ramp, that is needed to allow the minimum required reasonable accommodation that is necessary to allow ingress/egress by a handicapped or disabled person to the following:

(1)

A residential structure utilized by such person that lives on the property or such person employed in a home occupation on the property. Any such addition shall be removed within thirty (30) days from the time that the structure is no longer serving the aforementioned handicapped or disabled person. A deed restriction to this effect shall be recorded with the register of deeds department and proof of such shall be submitted to the zoning administrator before a zoning permit will be issued.

(2)

A commercial facility or any other structure that provides public accommodations.

Any such projection should be designed to be at least three (3) feet from any lot line and have a minimal intrusion into a floodplain, wetland, environmental corridor, or required shore yard setback.

(Code 1975, § 7.062; Ord. No. 97-203, 1-13-98; Ord. No. 2000-251S, 8-28-01; Ord. No. 2003-197, 2-12-04; Ord. No. 2007-28, 6-26-07; Ord. No. 2011-61, 11-8-11)

Security fences are permitted on the property lines in all districts except residential districts and as required under section 20-1226, but shall not exceed ten (10) feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(Code 1975, § 7.062)

(a)

Except for signs and towers for broadcast facilities and/or wind energy, which are regulated separately, any detached accessory structure less than thirty-six (36) square feet in area is exempt from the requirement for obtaining a zoning permit. In addition, any temporary, seasonal outdoor above-ground swimming pool, hot tub, or whirlpool bath that does not remain erected on the same lot for more than one hundred twenty (120) consecutive days is exempt from the requirement for obtaining a zoning permit.

(b)

Detached accessory structures shall not be closer than ten (10) feet to the principal structure; not closer than three (3) feet to a side or rear lot line if ≤ seven hundred twenty (720) square feet in footprint area or five (5) feet to a side or rear lot line if > seven hundred twenty (720) square feet in footprint area; not closer than five (5) feet to an alley line; shall not exceed seventeen (17) feet in building height; and are permitted in the rear and side yards only, except as follows:

(1)

Within the shoreland area, accessory structures are permitted in the street yard portion of waterfront lots provided that they are not placed within the required minimum street yard setback.

(2)

For lots with multiple street yards and no defined rear yard area, accessory structures are permitted in the street yard portion of the secondary or non-access street provided that they are not placed within the minimum required street yard setback.

(3)

Accessory structures may be placed in the street yard portion of a lot if the street yard setback of a principal structure exceeds the required setback for the particular district in question, provided that the street yard setback of the accessory structure is not less than the required setback for the district or the average street yard setback of principal structures on abutting parcels, if any, whichever is greater. On vacant parcels, the minimum setback may be used for averaging.

(4)

Accessory structures placed in the street yard portion of a lot pursuant to (1), (2), or (3) above that are less than one hundred (100) feet from a road right-of-way line must have exterior building materials that are the same as or in harmony with the principal structure on the lot, unless the principal and accessory structure's street yard setbacks are within seventy-five (75) feet of each other.

(5)

Accessory structures located in the R-1 district and other non-"R" districts are limited in height to that listed for the principal structures in those districts. A greater height may be approved through a site plan review process and as allowed in section 20-1111. The minimum setback from a lot line shall be one-half (½) of the building height or that required by section 20-1115(b), whichever is greater.

(6)

Any portion of an accessory structure placed or constructed in a side yard area of a nonconforming principal structure shall not encroach into the minimum required street and/or shore yard setback.

(7)

Tower broadcast facilities and wind energy facilities restrictions may be found in articles X and XI, respectively.

(c)

The aggregate total footprint area for all accessory structures shall not exceed the following square footage for the stated lot size, exclusive of road right-of-way:

Lot Size/Accessory Structure(s) Maximum Aggregate Total Footprint Area

< 10,000 square feet lot = 720 square feet

≥ 10,000 square feet lot to 20,000 square feet lot = 1,000 square feet

> 20,000 square feet to < 1 acre lot = 2,600 square feet

1 acre to < 2 acre lot = 4,000 square feet

2 acre to < 3 acre lot = 5,000 square feet

3 acre to < 4 acre lot = 6,000 square feet

4 acre to < 5 acre lot = 7,500 square feet

5 acre to < 10 acre lot = four (4) percent of lot area

≥ 10 acre lot = five (5) percent of lot area

Note: A greater amount of square footage per lot size may be allowed if approved as part of a conditional use permit or site plan review when needed as an integral part of the plan of operation and where said structure(s) is used solely accessory to the permitted principal or conditional use on said lot.

(d)

Where an accessory structure is permanently attached to the principal structure by a roof or wall-to-wall, such accessory structure shall be considered as a part of the principal structure. Pergolas, decks, stairs and landings that abut a principal structure, whether or not physically attached, and outdoor swimming pools, hot tubs or whirlpools on top of, within, or immediately abutting such shall be considered to be part of the principal structure and principal structure setbacks would apply for required setbacks except where sections 20-1113, 20-1118, and 20-1120 setbacks apply. Items such as a fence, trellis, retaining wall, and sidewalk, driveway or patio less than six (6) inches from grade are not considered an attachment, and are exempt from setbacks except where regulated by shoreland, floodplain or traffic visibility regulations.

(e)

For shoreland zoning purposes, in accordance with section 59.692(1)(e), an accessory structure include detached garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck, retaining wall, porch, or fire pit, where the accessory structure is or is not permanently attached to the principal structure by a roof or wall-to-wall, shall be considered separate from the principal structure.

(Code 1975, § 7.062; Ord. No. 86-86, § 7.062, 8-26-86; Ord. No. 2000-251S, 8-28-01; Ord. No. 2007-28, 6-26-07; Ord. No. 2008-107, 1-13-09; Ord. No. 2008-136, 3-10-09; Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

(a)

Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(b)

Landscaping and vegetation are exempt from the yard requirements of this chapter.

(Code 1975, § 7.062)

(a)

Boathouses accessory to residential uses may be located entirely above the ordinary high water mark and entirely within the access viewing corridor that do not contain plumbing and are not used for human habitation and shall:

(1)

The construction or placement of boathouses below the ordinary high water mark of any navigable waters shall be prohibited.

(2)

Boathouses shall be designed and constructed solely for the storage of boats and related equipment.

(3)

One (1) boathouse is permitted on a lot as an accessory structure and not closer than three (3) feet to a side property line and shall not exceed thirty-five—feet in height.

(4)

Boathouses shall be constructed in conformity with local floodplain zoning standards.

(5)

Boathouses shall not exceed one (1) story and two hundred fifty (250) square feet in floor area.

(6)

Boathouse roofs shall have a pitched roof that is no flatter than 4/12 pitch, and shall not be designed or used as decks, observation platforms or for other similar uses.

(7)

Earth toned color shall be required for all exterior surfaces of a boathouse.

(8)

The main door shall face the water.

(9)

Patio doors, fireplaces, heating or cooking facilities and other features inconsistent with the use of the structure exclusively as a boathouse are not permitted.

(Code 1975, § 7.062; Ord. No. 86-17, § 7.062, 7-22-86; Ord. No. 97-203, 1-13-98; Ord. No. 2020-110, 4-13-21)

Shore yards may be reduced to the average of the shore yards existing on the abutting properties within a straight-line distance of one hundred (100) feet, excluding highway right-of-way or road easements, of the subject site but shall not be reduced to less than fifty (50) feet. Only principal structures on abutting lots within one hundred (100) straight-line feet of the proposed structure may be used for averaging. Any existing uncovered and/or unenclosed portion of a principal structure, such as deck or covered porch, can only be used for averaging with a similar uncovered and/or unenclosed portion of a proposed structure. If an abutting lot is vacant or the existing principal structures are greater than one hundred (100) feet from the proposed structure, seventy-five (75) feet shall be used for averaging purposes. If a principal structure on an abutting lot within one hundred (100) feet is greater than the required minimum shore yard setback, the actual setback shall be used for averaging. On substandard lots, fifty (50) feet is used as the minimum setback for averaging purposes.

(Code 1975, § 7.062; Ord. No. 86-17, § 7.062, 7-22-86; Ord. No. 2000-251S, 8-28-01; Ord. No. 2007-28, 6-26-07)

Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.

(Code 1975, § 7.063)

The street yard may be increased or decreased in any residential or business district to the average of the existing street yards of the abutting structures on each side. However, in no case may the street yard be decreased to less than the district minimum setback or minimum substandard lot setback, whichever applies. Only principal structures on abutting lots within one hundred (100) straight-line feet of the proposed structure may be used for averaging. Any existing uncovered and/or unenclosed portion of a principal structure, such as deck or covered porch, can only be used for averaging with a similar uncovered and/or unenclosed portion of a proposed structure. If an abutting lot is vacant or the existing principal structure is greater than one hundred (100) feet from the proposed structure, the minimum required setback for the district may be used or the minimum substandard setback may be used when said abutting lot is a substandard lot.

(Code 1975, § 7.064; Ord. No. 2000-251S, 8-28-01; Ord. No. 2007-28, 6-26-07)

All lot area requirements are measured exclusive of any highway right-of-way and all street yard setbacks are measured from the outer limit of the highway right-of-way or private road easement.

(Ord. No. 2000-251S, 8-28-01)