(a)

The economic development and land use planning committee, acting in accordance with the provisions of section 20-1181 et seq., shall decide all applications, except applications for floodland conditional uses, within thirty (30) days after the public hearing and shall transmit a signed copy of its decision to the applicant and to the town clerk of the town in which the subject site is located. Decisions on floodland district applications shall be made as soon as is practicable, but not more than sixty (60) days after the required public hearing.

(b)

Decisions on floodland district applications shall not be made for thirty (30) days or until the state department of natural resources has made its recommendation, whichever comes first. A copy of all floodland conditional use decisions shall be transmitted to the DNR within ten (10) days of their effective date.

(c)

Conditional use or temporary use permits shall expire within nine (9) months unless substantial work has commenced pursuant to such grant.

(d)

Any conditional use granted under this article that is discontinued or terminated for a period of twelve (12) consecutive months or eighteen (18) cumulative months in a three-year period (A business of a seasonal nature shall not be deemed to be discontinued during periods in which it is normally inactive, i.e. summer camps, snowmobile courses, ski areas, marinas, quarries, etc.) shall be considered abandoned and any future use thereof will require additional economic development and land use planning committee and town review and approval.

(Code 1975, § 7.043; Ord. No. 2000-251S, 8-28-01; Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this chapter.

(Code 1975, § 7.065)

Editor's note— Ord. No. 2015-35, adopted July 14, 2015, repealed § 20-1142, which pertained to banded racing pigeons, and derived from the 1975 Code. Said ordinance also directed the redesignation of § 20-1143 as § 20-1142.

Applications for conditional use permits provided for in this chapter shall be made in duplicate to the zoning administrator on forms furnished by the zoning administrator and shall include the following:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record. Abutting property owners include those whose parcel(s) are on the opposite side of the highway regardless of the width of the right-of-way.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 20-81 et seq. for a zoning permit and, in addition, the following: mean and historic high-water lines, on or within forty (40) feet of the subject premises, and existing and proposed landscaping.

(4)

For floodland conditional uses, the applicant shall include information that is necessary for the county economic development and land use planning committee to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer or land surveyor, showing elevations of structures, size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types and other pertinent information.

(5)

For shoreland conditional uses, the zoning administrator may require the applicant to furnish, in addition to the information required for a zoning permit, the following information: a plan of the area showing surface contours, soil types, ordinary high-water marks, ground water conditions, subsurface geology and vegetative cover; location of buildings, parking areas, traffic access, driveways, walkways, pier, open space and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangement of operations; specifications for areas of proposed filling, grading, lagooning or dredging; other pertinent information necessary to determine if the proposed use meets the requirements of this chapter; and rationale for why the proposed conditional use meets all of the conditional use criteria listed in the ordinance.

(6)

Fee receipt from the zoning administrator for the fee required by the schedule of fees adopted by the board of supervisors Report 79-92 and any subsequent resolutions.

(Code 1975, § 7.041; Ord. No. 91-130, § 7.041, 11-5-91; Ord. No. 2020-110, 4-13-21)

An application for a conditional use permit will be rejected without a hearing if either the committee or the town board in which the proposed site is located, acting pursuant to section 20-1181 et seq., votes such rejection. In all other cases, the committee shall fix a reasonable time and place for a public hearing on the application, and give public notice thereof in accordance with the applicable requirements of the Wisconsin Statutes. A copy of all notices for public hearings on applications for conditional use in the floodland districts, including a copy of the application, shall be transmitted to the state department of natural resources for review and comment. Final action on floodland applications shall not be taken for thirty (30) days or until the DNR has made its recommendation, whichever comes first.

(Code 1975, § 7.041)

Notice of public hearings on shoreland and shoreland-wetland conditional uses shall be mailed to the DNR district office at least ten (10) days prior to the hearing. A copy of any decision including grounds for such decision on any such conditional use shall be mailed to the DNR district office within ten (10) days after it is granted or denied.

(Code 1975, § 7.041; Ord. No. 86-17, § 7.041, 7-22-86; Ord. No. 2020-110, 4-13-21)

(a)

No person, firm or corporation shall violate, disobey, neglect or refuse to comply with or abide by the terms and conditions of a conditional use permit.

(b)

The failure of any person, firm or corporation to obtain a conditional use permit when required shall constitute a violation of this chapter.

(c)

In the event of a violation of subsection (a), above, the zoning administrator or his designee may revoke any conditional use permit, whether or not a citation is issued or injunctive relief is sought.

(Ord. No. 93-9, 5-11-93)

Should the conditions of the area in which a conditional use exists change such that the conditional use allowed by the permit presents an imminent and substantial threat to public health, safety, or property, the committee may review such conditional use permit upon notification and hearing as set forth in this chapter. Any review conducted hereunder shall be limited to revision of the permit to eliminate the threat(s) to public health, safety, or property. Revision of the permit may include addition and/or deletion of specific conditions.

(Ord. No. 93-183, 1-11-94)

(a)

The economic development and land use planning committee may, by motion, initiate a revocation of a conditional use permit. When initiated, the revocation process shall be handled as would a new application for a conditional use permit, following the procedures set forth herein.

(b)

After review by the development services department and consideration and recommendation by the economic development and land use planning committee, the committee shall act on the proposal to revoke the conditional use permit. Grounds for revocation shall include, but not be limited to, the following:

(1)

A change in conditions affecting the public health, safety, and welfare since adoption of the conditional use permit; or

(2)

Repeated violations of this chapter by the owner/operator of the use, including violations of any conditions attached to the conditional use permit; or

(3)

Fraudulent, false, or misleading information supplied by the applicant or his agent for the conditional use permit; or

(4)

Improper public notice of the conditional use permit public hearing(s) when the permit was considered by the economic development and land use planning committee.

(Ord. No. 2005-69S, 9-13-05; Ord. No. 2020-110, 4-13-21)

(a)

These procedures apply to livestock facilities that require a conditional use permit under this chapter which are all new or expanded livestock facilities that will have five hundred (500) or more animal units.

(b)

Permits for existing livestock facilities.

(1)

A permit is required for the expansion of a pre-existing or previously approved livestock facility if the number of animal units kept at the expanded livestock facility will exceed all of the following:

a.

The applicable size threshold for a conditional use permit established in the zoning district where the facility is located.

b.

The maximum number previously approved or, if no maximum number was previously approved, a number that is twenty (20) percent higher than the number kept on May 1, 2006, or on the effective date of the permit requirement, whichever date is later.

(2)

A permit is not required for livestock facility that existed before May 1, 2006, or before the effective date of the permit requirement in this division, except as provided in subsection (1).

(3)

A permit is not required for livestock facility that was previously issued a conditional use permit or other local approval, except as provided in subsection (1). A prior approval for the construction of a livestock facility implies approval for the maximum number of animal units that the approved livestock facility was reasonably designed to house, expect as otherwise clearly provided in the approval. Prior approval of a single livestock structure, such as a waste storage structure, does not constitute prior approval of an entire livestock facility.

(c)

Application procedures. In addition to the standard conditional use application requirements of section 20-1161, a livestock operator must complete the application and worksheets prescribed by § ATCP 51, including any authorized local modifications. The application requirements specified in § ATCP 51, Wis. Adm. Code, are incorporated by reference, without reproducing them in full. The application form and worksheets establish compliance with the standards in ATCP 51 and this division.

The operator must file four (4) duplicate copies of the § ATCP 51 application form, including worksheets, maps and documents (other than engineering design specifications) included in the application.

(d)

Application fee. In addition to the standard conditional use filing fee, a non-refundable § ATCP 51 application fee as established by board of supervisors resolution shall accompany an application.

(e)

Application review procedure.

(1)

Within forty-five (45) days after the development services department receives an application, it shall notify the applicant whether the application is complete. If the application is not complete, the notice shall describe the additional information needed. Within fourteen (14) days after the applicant provides all of the required information, the department shall notify the applicant that the application is complete. This notice does not constitute an approval of the proposed livestock facility.

(2)

Within fourteen (14) days after the department notifies an applicant that the application is complete, the department shall notify adjacent landowners of the application. The department shall use the approved notice form in § ATCP 51, and mail a written notice to each adjacent landowner.

(3)

The economic development and land use planning committee shall grant or deny an application within ninety (90) days after the notice of a complete application is provided as required by subsection (2) above. The economic development and land use planning committee may extend this time limit for good cause, including any of the following:

a.

The committee needs additional information to act on the application.

b.

The applicant materially modifies the application or agrees to an extension. The committee shall give written notice of any extension. The notice shall specify the reason for the extension, and the extended deadline date by which the committee will act on the application.

(f)

Public hearing. The economic development and land use planning committee will schedule a public hearing on the application within ninety (90) days after issuing notice of a complete application.

(g)

Standards. The standards for issuing a permit are as follows:

(1)

The state livestock facility siting standards adopted under § ATCP 51, Wis. Adm. Code. These standards are incorporated by reference, without reproducing them in full.

(2)

Setbacks authorized by this chapter.

(h)

Criteria for issuance of a permit.

(1)

A permit shall be issued if the application for the proposed livestock facility contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed livestock facility meets the standards specified in the ordinance. Note: If the application and worksheets prescribed by ATCP 51 are properly completed, there is a rebuttable presumption that the applicant has met the application requirements.

(2)

A permit may be denied if any of the following apply:

a.

The application, on its face, fails to meet the standard for approval.

b.

The political subdivision finds, based on other clear and convincing information in the record, that the proposed livestock facility does not comply with applicable standards in this division.

c.

Other grounds authorized by W.S.A., § 93.90, that warrant disapproving the proposed livestock facility.

(3)

No conditions may be imposed on the permit other than the standards provided in this chapter.

(i)

Record of decision.

(1)

The economic development and land use planning committee shall issue its decision in writing. Its decision shall be based on written findings of fact supported by evidence in the record.

(2)

In the event that a permit is approved, the applicant shall receive a duplicate copy of the approved application, marked "approved." The duplicate copy must include worksheets, maps and other documents (other than engineering specifications) included in the application.

(j)

Notice to the department of agriculture, trade and consumer protection. Racine County, as required by § ATCP 51.34(5), within thirty (30) days of the county decision on the application shall do all of the following:

(1)

Give the department of agriculture, trade, and consumer protection written notice of the county decision.

(2)

File with the ATCP a copy of the final application granted or denied, if the county has granted or denied an application under this chapter. (The copy shall include all of the worksheets, maps and other attachments included in the application, except that it is not required to include the engineering design specifications).

(3)

If the county has withdrawn a local approval under this division, file with the department a copy of the county final notice or order withdrawing the local approval.

(k)

Expiration of permit. A permit remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted under the permit, and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the political subdivision may treat a permit as lapsed and withdraw the permit if the permit holder fails to do all of the following within two (2) years after the issuance of the permit:

(1)

Begin populating the new or expanded livestock facility.

(2)

Begin constructing all of the new or expanded livestock housing or waste storage structures proposed in the permit application.

(l)

Permit modifications. The operator may make reasonable changes that maintain compliance with the standards in this division, and the county shall not withhold authorization for those changes. It is Racine County's responsibility to determine what changes are reasonable.

(m)

Compliance monitoring. The county shall monitor compliance with the chapter as follows:

(1)

Upon notice to the livestock facility owner, request the right of the zoning administrator to personally view the permitted facility at a reasonable time and date to ensure that all commitments of the application as approved are being complied with.

(2)

If the livestock facility owner refuses the zoning administrator the right to view the permitted facility, the zoning administrator may request the assistance of the sheriff or deputy sheriff to obtain an inspection warrant from the circuit court to inspect the permitted facility for the purpose of protection of the public health and safety under W.S.A., § 66.0119.

(3)

If a permitted facility is found not to be in compliance with the commitments made in the approved application, the zoning administrator shall issue a written notice to the livestock facility owner stating the conditions of non-compliance and directing that compliance of the commitments of the approved application be complied with in a reasonable amount of time stated in this notice.

(4)

If non-compliance of the permit conditions as described in the written notice given by the zoning administrator continue past the stated reasonable time to comply, the zoning administrator may take further action as provided in this division, including, but not limited to, issuance of a citation or seeking of injunctive relief.

(5)

If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request a hearing in writing within five (5) days of receipt of the notice of non-compliance. The economic development and land use planning committee shall schedule a hearing within five (5) days to determine if the conditions of the permit have been complied with or whether non-compliance of the commitments of the approved application and local approval exists. The date of the hearing shall be based on the economic development and land use planning committee's published hearing schedule.

(n)

Terms of the permit. A permit and the privileges granted by a permit issued under this chapter are conditioned on the livestock operator's compliance with the standards in this chapter and with commitments made in the application for a permit. Racine County is authorized to suspend a permit or seek other redress provided in this division for non-compliance.

(o)

Transferability.

(1)

A permit and the privileges granted by the permit run with the land and remain in effect, despite a change in ownership of the livestock facility, as long as the new operator does not violate the terms of the local approval. An applicant may record with the register of deeds, at the applicant's expense, the duplicate copy of the approved application.

(2)

Upon change of ownership of the livestock facility, the new owner of the facility shall file information with the county clerk providing pertinent information, including, but not limited to, such information as the name and address of the new owner and date of transfer of ownership.

(Ord. No. 2006-91, 10-26-06; Ord. No. 2008-127, 2-10-09; Ord. No. 2020-110, 4-13-21)

(a)

The county zoning administrator shall mail to the clerk of the town within which the conditional use is proposed a copy of all maps, plans and other documents submitted by the applicant and notice of the time and place of the public hearing to be held on the proposed conditional use. Such information must be mailed at least ten (10) days prior to the hearing. The town board may attend the hearing and in any event may then or earlier indicate its position with regard to granting, denying, granting in part or conditionally the application.

(b)

The town board may communicate its position by any representative it may select and either orally or in writing. Failure of the town board to communicate its position on the application prior to the hearing shall be deemed to constitute approval by the town board of whatever action the economic development and land use planning committee may take unless the town board or its representative shall attend the hearing, in which case it or its representative shall meet jointly with the economic development and land use planning committee after the hearing and indicate the town board's position. If the town board or its representative shall at such joint meeting request an extension of time within which to determine its position, such extension shall automatically be granted for a period of one (1) week or for such longer period as the economic development and land use planning committee shall consider to be reasonable after taking into account these factors: the complexity and importance of the matter; the diligence shown by the applicant in submitting the application; the need of the applicant and the area for a prompt decision.

(c)

Approval of conditional uses may be by the economic development and land use planning committee alone, if the town board fails to take a position before or at the hearing, or by the end of any due extension of time after the hearing. Denial may be by the vote of either the economic development and land use planning committee or, if timely done, by the town board. The town board, however, shall not have the power to approve or disapprove conditional uses in any areas such as shorelands, where applicable statutes of the state give such power exclusively to the board of supervisors and the state, provided, however, that the town board shall have the power to impose conditions on such conditional use which are more strict than those imposed by the county.

(d)

If the town board and economic development and land use planning committee shall both approve the application subject to certain conditions and such conditions shall not be identical, then the more restrictive conditions shall apply. If the applicant, or the town board, or the economic development and land use planning committee, shall deem it to be unclear as to which restrictions apply, it may request a joint meeting of the town board and county economic development and land use planning committee for the purpose of clarifying or, if need be, amending the restrictions so as to clarify the applicable restrictions.

(e)

In those cases where this chapter requires the economic development and land use planning committee to request a recommendation of a state agency or other planning agency prior to taking final action, the time within which the town board may disapprove such a proposed conditional use shall be extended until the meeting at which the economic development and land use planning committee finally acts on the application, or seven (7) days thereafter, if the town board so requests at such meeting.

(Code 1975, § 7.042(A); Ord. No. 2020-110, 4-13-21)

Editor's note— Ord. No. 2020-110, adopted April 13, 2021 amended § 20-1181 and in doing so changed the title of said section from "Joint approval by planning and development committee and town board" to "Joint approval by economic development and land use planning committee and town board," as set out herein.

In reviewing the proposed conditional uses, the economic development and land use planning committee and the town board shall be guided by the following standards and requirements:

(1)

All conditional uses must be in accordance with the purpose and intent of this chapter and shall not be hazardous, harmful, offensive or otherwise adverse to the environmental quality, water quality, shoreland cover or property values in the county and its communities.

(2)

A review of the site, existing and proposed structures, architectural plans, the need of the proposed use for a shoreland location neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the effect of the proposed use, structure, operation and improvement upon flood damage protection, water quality, shoreland cover, natural beauty, wildlife habitat, and erosion potential based upon degree and direction of slope, soil type and vegetation cover. Evaluation of location factors of the proposed use shall include the following considerations:

a.

Domestic uses shall be generally preferred;

b.

Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source;

c.

Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.

(3)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, location, size and number of signs, water supply and waste disposal systems, higher performance standards, street dedication, certified survey maps, floodproofing, ground cover, diversions, silting basins, terraces, stream bank protections, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, existing and future highway and road access restrictions, increased yards, or additional parking may be required by the economic development and land use planning committee upon its finding that these are necessary to fulfill the purpose and intent of this chapter and the State Water Resources Act of 1965, and to meet the provisions of state's floodplain, and shoreland management programs.

(4)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses. Variances shall only be granted as provided in section 20-31 et seq.

(5)

With respect to conditional uses within shorelands, the standards set forth in W.S.A., § 144.26(5)(a), in particular as they relate to the avoidance or control of pollution including sedimentation.

(Code 1975, § 7.042(B); Ord. No. 2020-110, 4-13-21)

(a)

The zoning administrator may approve shoreland/floodplain conditional use permit applications under sections 20-1036 et seq., 20-1291 et seq., [and] Article XII, Floodlands, without a public hearing provided that the applicant agrees to sign a contract setting forth the methods for eliminating erosion, sedimentation, and pollution.

(b)

The zoning administrator may request technical assistance from the county land conservation office, county park department, county highway engineer, county sanitarian or other county officers, departments, commission and boards in reviewing a shoreland/floodplain conditional use permit application prior to setting forth the contractual provisions. Such contractual provisions shall be in compliance with the standards set forth in this division.

(c)

The applicant may request a public hearing if he does not agree with the provisions of the contract or feels the public hearing is in the applicant's best interest.

(d)

The zoning administrator may require a formal conditional use public hearing where it is deemed that the subject land may be susceptible to flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low bearing strength, erosion or any other feature likely to be harmful to the sensitive environment of the shoreland/floodplain areas, or to the public interest of the county.

(e)

The zoning administrator shall mail a copy of the application together with all maps, plans, and other documents submitted by the applicant to the town board within which the subject land lies. The town board shall have the power to impose conditions on shoreland/floodplain conditional use applications which are more strict than those imposed by the zoning administrator. The town board shall have twenty (20) days from the receipt of the application to notify the zoning administrator of the more strict conditions being imposed for inclusion in the contract.

(Code 1975, § 7.042(C); Ord. No. 2011-131S, 4-10-12)

(a)

Approval of minor additions, expansions or alterations to principal or accessory structures, where such structures were previously approved after a conditional use public hearing, may be granted without further public hearing as a site plan review function of the economic development and land use planning committee and the appropriate town board. Such additions, expansions or alterations may be approved in this manner provided that total lifetime additions, alterations or expansions do not exceed fifty (50) percent of the current equalized assessed value of the structure to which they are being attached. Further accessory structures for such previously approved uses/structures may also be approved via site plan review.

(b)

The applicant may request a public hearing if he does not agree with the provisions of the conditions of approval or feels that a public hearing is in the applicants' best interest.

(c)

The economic development and land use planning committee through the zoning administrator may request technical assistance from the county land conservation office, county park department, county highway engineer, county environmental control department or other county officers, departments, commission, and boards in reviewing a site plan approval application prior to setting forth the provisions of site plan approval. Such provisions shall be in compliance with the standards set forth in this division.

(d)

The zoning administrator shall mail a copy of the application together with all maps, plans, and other documents submitted by the applicant to the town board within which the subject land lies. The town board shall have the power to impose conditions on site plan approval applications which are more strict than those imposed by the economic development and land use planning committee or may approve or deny the request. The town board shall have twenty (20) days from the receipt of the application to notify the zoning administrator of the more strict conditions being imposed or if the request is approved or denied.

(Code 1975, § 7.042(D); Ord. No. 86-86, § 7.042(D), 8-26-86; Ord. No. 2020-110, 4-13-21)

Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking and signs; and type of construction. Upon consideration of the factors listed above, the economic development and land use planning committee and the town board shall attach such conditions, in addition to those required elsewhere in this chapter, as are necessary to further the purpose of this chapter. Violations of any of these conditions shall be deemed a violation of this chapter.

In granting a special exception permit, the economic development and land use planning committee and the town board may not impose conditions which are more restrictive than any of the specific standards of the chapter. Where the chapter is silent as to the extent of the restriction, the board may impose any reasonable permit conditions to affect the purpose of this chapter.

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

When a conditional use permit is approved, an appropriate record shall be made of the land use and structures permitted; such permit shall be applicable solely to the structures, use and property so described. A copy of any decision on a conditional use permit shall be provided to the appropriate off of the department of natural resources within ten (10) days after it is granted or denied.

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

Where the conditions of a conditional use permit are violated, the conditional use permit shall be revoked.

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

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Lot shall mean a mobile home space plus all required yards for a mobile home.

Mobile home shall have the meaning listed in section 20-1. Any additions, attachments, annexes, foundations and appurtenances shall be approved by the town building inspector.

Mobile home park shall have the meaning listed in section 20-1.

Space shall mean a plot of ground designed for the accommodation of one (1) mobile home.

(Code 1975, § 7.048(A); Ord. No. 94-235, 2-28-95)

Cross reference— Definitions and rules of construction generally, § 1-2.

Mobile home parks may be allowed as a conditional use in the A-2 agricultural district subject to the requirements of this division and all provisions of this chapter pertaining to conditional uses. No mobile home shall be used as a residence within the county unless located within a mobile home park.

(Code 1975, § 7.048)

(a)

An application for a county zoning permit for a mobile home park shall be accompanied by a duly issued license or permit from the town in which the mobile home park is to be located. In the absence of such town license or permit, the application for a county permit shall be denied. The application shall be filed with the zoning administrator in duplicate and shall be accompanied with duplicate sets of plans and specifications which shall be in compliance with all county or town ordinances and provisions of the state division of health and a performance bond in the sum of five thousand dollars ($5,000.00) to insure completion of the mobile home park within nine (9) months from the date of the issuance of the county zoning permit and insuring further that such completion is in compliance with the requirements of this chapter. No mobile home shall be occupied until all conditions of this chapter have been met and an occupancy permit issued.

(b)

The life of a county zoning permit for a mobile home park shall be nine (9) months, but may be extended for not more than an additional ninety (90) days in the aggregate by the zoning administrator with the approval of the economic development and land use planning committee upon the holder of the county zoning permit showing good cause arising out of an act of God, delay in construction due to the elements, fire or due to a strike that is not within the control of the person requesting the extension.

(c)

The application shall contain the following information:

(1)

Name, address and telephone number of applicant;

(2)

A legal description of the land upon which applicant seeks to have a zoning permit for a mobile home park;

(3)

The names and addresses of all persons owning land abutting upon such land; and

(4)

The names and addresses of all persons owning lands located across the street from such land.

(Code 1975, § 7.048(B); Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

No mobile home shall be located less than fifty (50) feet from any highway right-of-way line. The location of each mobile home park shall be approved or denied in writing within sixty (60) days. In approving such location, the zoning administrator shall view the proposed site or sites and shall consider such evidence as may be presented, bearing upon the general purposes and intent of this chapter to promote the public health, safety and general welfare and the specific purpose of this section to prevent the overcrowding of land and the development of housing blight in rural area.

(Code 1975, § 7.048(C))

(a)

Drainage. Every mobile home park shall be located on a well-drained site and shall be so graded and adequately drained as to eliminate collection of surface waters at any point in the mobile home park and drainage easements obtained when necessary.

(b)

Sewage. Adequate provisions shall be made for the disposal of all sewage from a mobile home park into a municipal sanitary sewer where available, or by properly constructed and maintained sewage exidation system approved by the state DNR.

(c)

Water. Where a public water supply is not available within the mobile home park an adequate supply of pure water for drinking and domestic purposes shall be provided in an amount sufficient to care for the needs of the maximum number of persons which can be accommodated in such mobile home park, approved by the state DNR.

(d)

Refuse. Every mobile home in the park shall have at least two (2) containers with close fitting covers for garbage and provisions shall be made for the handling and removal of all garbage, trash or refuse from the park no less than twice each week.

(e)

Lighting. All entrances, exits, lanes, and driveways between rows of trailers used or occupied in any mobile home park shall be lighted by electric lighting of at least one (1) watt per lineal foot.

(Code 1975, § 7.048(D))

(a)

Each mobile home shall be located on a lot of not less than five thousand (5,000) square feet.

(b)

Each mobile home lot shall contain a parking space upon which the mobile home shall be situated which parking space shall be graveled or paved with concrete or bituminous material. Each parking space shall be not less than ten (10) feet wide nor of less length than the length of the trailer to be parked therein, plus five (5) feet.

(c)

There shall be additional parking spaces for automotive vehicles within such park, surfaced as required above. Each automobile parking space shall be not less than nine (9) feet wide and one hundred sixty (160) square feet in area, exclusive of maneuvering and access space.

(d)

There shall be a system of driveways, with a minimum of thirty-six (36) feet widths, surfaced as required by subsection (b) above, providing access from each and every trailer and automobile parking space within such mobile home park to the public street or highway; provided that there shall not be more than two (2) entrances from or exits to such street or highway from any one (1) such park.

(e)

Each mobile home space shall be separated from all other mobile home spaces, automobile parking spaces or service buildings or structures within such park by open spaces, permanently planted to grass, flowers, shrubs or trees, which shall be not less than fifteen (15) feet wide, except that there need not be more than a five-foot setback from an access driveway; provided, however, that such five-foot setback shall apply to the longest trailer to be accommodated within such park.

(f)

Each mobile home park shall be completely surrounded, except for permitted entrances and exits, by a yard, in addition to all other required yards and open spaces, which shall not be less than fifteen (15) feet wide.

(Code 1975, § 7.048(E))

(a)

Businesses prohibited. No business shall be conducted in any trailer in a mobile home park.

(b)

Registers. Each mobile home park shall maintain an office where a register shall be kept for the registration of all occupants, which register shall be open to county or town officials for inspection and shall contain information as follows:

(1)

Name and address of each occupant;

(2)

Trailer license number and manufacturer's name;

(3)

Automobile license number, and name and make of automobile;

(4)

Number of site to which assigned;

(5)

Last place of location;

(6)

Date of arrival; and

(7)

Date of departure.

(Code 1975, § 7.048(F), (G))

In the event the zoning administrator is required to deny an application for a county zoning permit for a mobile home park, the applicant has the right to appeal to the board of adjustment as in other cases for a variance.

(Code 1975, § 7.048(H))

The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:

(1)

Animal hospitals in the A-1 and must meet W.S.A. § 91.01(1), A-2 and A-4 agricultural districts, the B-5 business district and the M-2 and M-3 industrial districts; provided the lot area is not less than three (3) acres, and all principal structures and uses are not less than one hundred (100) feet from any residential district.

(2)

Commercial raising, propagation, boarding or butchering of animals, such as dogs, mink, rabbits, foxes, goats and pigs; the commercial production of eggs; and the hatching, raising, fattening or butchering of fowl in the A-1 and A-2 agricultural districts. Pea vineries, creameries and condenseries in all agricultural districts and the M-3 industrial district.

(3)

Manufacture and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, radium, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles, and varnish, manufacturing, processing, and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast; manufacture and bottling of alcoholic beverages, bag cleaning, bleacheries, canneries, cold storage warehouses; electric and steam generating plants; electroplating; enameling; forges, foundries; garbage; incinerators; lacquering; lithographing; offal, refuse, or animal reduction; oil, coal, and bone distillations; refineries, road test facilities; slaughterhouses; smelting; stockyards; tanneries; and weaving, all in the M-3 heavy industrial district and shall be at least six hundred (600) feet from residential and public and semipublic districts.

(4)

Outside storage and manufacturing areas in the M-3 heavy industrial district. Wrecking, junk, demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least six hundred (600) feet from residential, public and semipublic districts.

(5)

Commercial service facilities, such as restaurants and fueling stations, in the M-1, M-2 and M-3 industrial districts, provided all such services are physically and sales-wise oriented toward industrial district users and employees and other users are only incidental customers.

(6)

The parking of school buses, semi-tractors and trailers or other vehicles of a commercial nature in the A-2 agricultural district by the occupant, provided all such uses are at least six hundred (600) feet from any residential district and one hundred (100) feet from any other residence and landscape screening to be determined on a site-specific basis is in place. If the vehicles are parked inside a structure, the above distance may be reduced. Only one (1) vehicle unit (a school bus, a semi-tractor or trailer, etc.) may be allowed on a parcel of land with the exception that two (2) vehicle units may be allowed if both are parked within a fully enclosed structure.

(7)

Sanitary landfills and their related accessory uses when operated in accordance with the provisions of the applicable chapters of the Wisconsin Administrative Code in the M-3 industrial district.

(8)

Airports, airstrips and landing fields for the use of the property owner for personal and farm related activities in the A-1 and A-3 agricultural districts and must meet W.S.A., § 91.01(1).

(9)

Airports, airstrips and landing fields in the A-2 district.

(10)

Storage and maintenance of construction equipment and vehicles, including landscaping vehicles and equipment, in the A-2 district. The storage area for all such equipment and vehicles shall be at least six hundred (600) feet from residential, public and semi-public districts. If the vehicles and equipment are parked/stored inside a structure, the above distance may be reduced. Some landscaping business type activities in the A-2 district may be regulated as a home occupation if the applicant secures a home occupation permit and abides by section 20-1015, including that there is no outdoor display or storage of materials, goods, or supplies and that no stock in trade shall be displayed or sold upon the premises.

(11)

Recycling centers and recycling plants in the M-3 district.

(12)

This conditional use category is created in recognition of the potential which exist in livestock facility operations for uncontrolled runoff and animal waste pollution of surface and groundwater and potential for such uses to become a nuisance. Livestock facilities as defined herein, including livestock and poultry of all types, may be permitted as conditional uses in all agricultural districts subject to the following:

a.

No livestock facility operation shall be permitted on less than thirty-five (35) acres of agriculturally-zoned land (including A-2) nor closer than one thousand (1,000) feet from any land presently zoned residential (does not include A-2 zoned parcels).

b.

No accessory residence shall be permitted closer than one hundred (100) feet to the livestock facility.

c.

Except as provided for waste storage structures, no part of the livestock facility operation shall be closer than one hundred (100) feet from the right-of-way line of any public road if the livestock facility will have fewer than one thousand (1,000) animal units, and one hundred fifty (150) feet if the livestock facility will have one thousand (1,000) or more animal units, nor closer than one hundred (100) feet if the livestock facility will have fewer than one thousand (1,000) animal units, and two hundred (200) feet if the livestock facility will have one thousand (1,000) or more animal units from any other lot lines of the site on which the production unit is situated. In addition the requirements below, proximity to lakes, ponds, rivers, streams, wells, bedrock and groundwater for feedlot and manure storage facility must meet NRCS standards.

d.

A new waste storage structure may not be located within three hundred fifty (350) feet of the nearest point of any public road right-of-way.

A single new waste storage structure may be constructed closer to the property line or public road if a new structure is:

• Located on the same tax parcel as a waste storage structure in existence before May 1, 2006;

• No larger than the existing structure;

• No further than fifty (50) feet from the existing structure; or

• No closer to the road or property line than the existing structure.

This setback requirement does not apply to existing waste storage structures, except that an existing structure within three hundred fifty (350) feet of a property line or road may not expand toward that property line or road.

e.

A livestock facility shall comply with setback and related requirements in any applicable shoreland or wetland zoning ordinances enacted within the scope of authority granted under W.S.A., § 59.692, 61.351 or 62.231, Stats., and a livestock facility shall comply with setback and related requirements in any applicable floodplain zoning ordinance that is enacted within the scope of statutory authority granted under W.S.A., § 87.30, Stats.

f.

All wells located in a livestock facility shall comply with chs. NR811 and 812. New or substantially altered livestock structures shall be separated from existing wells by the distances required in chs. NR 811 and 812, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006, may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.

g.

A conservation plan addressing the proposed methods of manure handling, storage, disposal and waste runoff controls shall be prepared and made a part of the plan of operation and shall be approved by the Racine County Land Conservation Division.

h.

Animal waste shall be applied in accordance to the NRCS 590 Nutrient Management Standard and reviewed by the Racine County Land Conservation Division staff.

i.

The site plan must show surface water drainage patterns and the methods to be employed to control, contain or divert clean water runoff from the manure storage facilities.

j.

An operations plan detailing the method of operation and the equipment necessary to accomplish a safe and sanitary disposal of animal waste. An agreement must be filed with the county by the owner of the land that any manure discharged in a drainage way or a public way, either intentionally or accidentally, will be cleaned up by the owner and that the county may clean up such condition and the cost thereof assessed back to the property owner.

k.

A statement of the maximum number of animals to be contained in the proposed livestock facility. This plan shall include numbers, types, and weights.

l.

No single-family residence shall be constructed within one thousand (1,000) feet of a livestock structure or building. This provision shall not apply to dwelling units that are accessory to a livestock facility.

(13)

Off-season storage facilities for boats and other recreational vehicles, such as campers, travel trailers, snowmobiles, off-road vehicles, and motor homes, in the B-3, B-5, M-2, M-3, and A-2 districts.

In the A-2 district, such storage may only occur in a barn or other accessory building that was constructed prior to January 1, 2000.

In the B-3, B-5, and M-2 districts, such storage may only occur as an accessory use to an approved self-service storage facility.

(14)

Motorized off-road vehicles and trails as a conditional use in the B-3, B-5 and P-2 districts. Off-road trails intended for any and all self-propelled two-, three-, or four-wheeled recreational vehicles and any that have ground contact and are equipped with a saddle for the use of the operator, including, but not limited to, motorized scooters, mini-bikes, motorcycles, ATVs, UTVs, snowmobiles and off-road vehicles. This regulation does not apply to same type of vehicles used strictly for agricultural, governmental, emergency or utility purposes, which would be allowed in all zoning districts without permits.

(15)

Standards for home-based agricultural related business (HBARB):

a.

Allowed as a conditional use approval in all agricultural districts.

b.

The operator shall reside in a residence on the property.

c.

The operator shall grow the primary portion of materials or products sold onsite.

d.

The HBARB must be located on a parcel not less than five (5) acres in area.

e.

Maximum two (2) persons other than members of the immediate family may be employed in the HBARB at any given time.

f.

Any signage associated with the HBARB must comply with chapter 20 zoning of the Racine County Code of Ordinances and will require zoning permit approval.

g.

Any structure that is utilized at the subject site that is associated with any aspect of the HBARB must meet the principle structure setbacks for the zoning district.

h.

Any accessory building used in association with the HBARB shall be clearly incidental to the principle use.

i.

Retail sales of ancillary non-agricultural items is subject to detailed plan approval by the committee and local municipality.

j.

Proper sanitation approval must be obtained in full compliance with state sanitation codes.

k.

The HBARB product must consist of farm commodities that are entirely, or the majority of which are, planted or produced on the farm premises, or are agriculturally related.

l.

Food shall not be served to patrons other than small sample of product produced by the HBARB.

m.

Limited outside customer activity may occur on the premises in accordance with town/county approval.

(16)

Non-farm residences require a conditional use permit, unless the residence legally existed prior to January 1, 2014, and thus qualifies as a prior nonconforming use.

a.

Creation of a non-farm residence or conversion of a farm residence to a non-farm residence through a change in occupancy, subject to the following requirements:

1.

The ratio of all non-farm residential acreage to farm acreage on the base farm tract on which the residence is or will be located will not be greater than one (1) to twenty (20) after the residence is constructed or converted to a non-farm residence.

2.

There will not be more than four (4) dwelling units in non-farm residences, nor more than five (5) dwelling units in residences of any kind, on the base farm tract after the residence is constructed or converted to a non-farm residence.

3.

The location and size of the proposed non-farm residential parcel (residence and lot) will not do any of the following:

i.

Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a non-farm residential parcel or a non-farm residence.

ii.

Significantly impair or limit the current or future agricultural use of other protected farmland.

4.

A deed restriction shall be recorded at the Racine County Register of Deeds office prior to release of any permits for construction on new parcels created for farm residential uses.

b.

Creation of a non-farm residential cluster that covers more than one (1) non-farm residence if all of the following apply:

1.

The parcels on which the non-farm residences would be located are contiguous.

2.

Each non-farm residence constructed in the non-farm residential cluster must satisfy the requirements of section 20-1226(16)(a).

(17)

A-1 farmland preservation zoning district rezonings.

a.

Except as provided in section 20-1226(17)(b), the Racine County Board and the Racine County Economic Development and Land Use Planning Committee may not rezone land out of the farmland preservation zoning district unless the Racine County Economic and Development and Land Use Planning Committee finds all of the following in writing, after public hearing, as part of the official record of rezoning:

1.

The rezoned land is better suited for a use not allowed in the farmland preservation zoning district.

2.

The rezoning is consistent with any applicable comprehensive plan.

3.

The rezoning is substantially consistent with the Racine County Farmland Preservation Plan, which is in effect at the time of the rezoning.

4.

The rezoning will not substantially impair or limit current of future agricultural use of other protected farmland.

b.

Section 20-1226(17)(a) does not apply to any of the following:

1.

A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) under W.S.A., ch. 91.

2.

A rezoning that makes the farmland preservation zoning ordinance map more consistent with the Racine County Farmland Preservation Plan map, certified under W.S.A., Ch. 91, which is in effect at the time of the rezoning.

c.

By March 1 of each year, the Racine County Public Works and Development Services Department shall provide to the DATCP a report of the number of acres that Racine County has rezoned out of the farmland preservation zoning district under section 20-1226(16)(a) during the previous year and a map that clearly shows the location of those acres.

(18)

Event barns in the A-2 District. For the conversion of existing farm buildings constructed prior to 1965 on a farm, with the presence of a principal residence, for organized meetings and/or reception space as a gathering place for weddings, private parties, and corporate events.

a.

Town board approval shall be required prior to the issuance of a conditional use permit for an event barn.

b.

The minimum parcel size shall be three (3) acres.

c.

Event barn must be located no less than two hundred fifty (250) feet from any abutting residence on an adjoining parcel of land.

d.

Buffer plantings shall be provided along a property line where there is an abutting residence and that are intended to screen views, lights and noise from the operation. A landscaping plan shall be submitted with the application for review and approval.

e.

Parking areas may be graveled or paved. Overflow parking on grass or hay areas is permissible. Parking on public right-of-way is prohibited.

f.

Parking areas shall meet the minimum standards of section 20-1088.

g.

Signage shall comply with County ordinances and obtaining the necessary permit and approval.

h.

A lighting plan shall be submitted for review and approval. Lighting fixtures shall be shielded in such a manner as to prevent light from shining directly onto abutting rights-of-way and adjacent properties.

i.

Parcels not served by public sanitary sewer shall be served by a code-complying Private Onsite Wastewater Treatment System (POWTS) and shall meet all state and county ordinances.

j.

It is the responsibility of the applicant to comply with all state and local regulations regarding public health.

k.

It is the responsibility of the applicant to comply with all federal, state, and local building codes that apply to public use of a barn.

l.

Music, dining and dancing permitted only within the barn structure.

m.

Fires may only be within a contained area made specifically for outdoor fires and must be illustrated on accompanying site plan if applicable. Outdoor fires must also comply with local municipality regulations and local fire department.

n.

Overnight camping is prohibited.

(Code 1975, § 7.049; Ord. No. 93-99, 9-14-93; Ord. No. 97-155, 11-11-97; Ord. No. 2005-69S, 9-13-05; Ord. No. 2006-91, 10-26-06; Ord. No. 2007-28, 6-26-07; Ord. No. 2008-127, 2-10-09; Ord. No. 2011-61, 11-8-11; Ord. No. 2013-54, 8-13-13; Ord. No. 2014-87, 12-9-14; Ord. No. 2015-90, 12-15-15; Ord. No. 2016-53, 6-14-16; Ord. No. 2017-1, 5-23-17; Ord. No. 2018-26, 6-26-18)

Application for the conditional use permit for sanitary landfills shall be accompanied by the following:

(1)

A plat of survey of the proposed site and an adequate description of the operational methods, including leachate collections and disposition;

(2)

A list of equipment, machinery, and structures to be used;

(3)

The source, quantity, and disposition of any water or other material to be used in the sanitary landfill operation;

(4)

A topographic map of the site showing existing contours with a maximum vertical contour interval of two (2) feet, existing trees, proposed and existing access roads, and the depth of all existing and proposed excavations and fills; and

(5)

A restoration and reuse plan. The restoration and reuse plan provided by the applicant shall contain:

a.

Proposed contours after filling or restoration;

b.

Depth of the restored topsoil; and

c.

Planting or restoration and reforestation commencement and completion dates.

(Code 1975, § 7.049)

Mineral extraction operations, including washing, crushing or other processing, are conditional uses and may be permitted in the M-4 quarrying district provided:

(1)

The application for the conditional use permit shall include: an adequate description of the operation; a list of equipment, machinery and structures to be used; the source, quantity and disposition of water to be used; a topographic map of the site showing existing contours with a contour interval no greater than five (5) feet, trees, proposed and existing access roads, the depth of all existing and proposed excavations; and a restoration plan.

(2)

The restoration plan provided by the applicant shall contain proposed contours after filling, depth of the restored topsoil, type of fill, planting or reforestation, restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for the county's inspection and administrative costs and the necessary sureties which will enable the county to perform the planned restoration of the site in event of default by the applicant. The amount of such sureties shall be based upon cost estimates prepared by the county engineer, and the form and type of such sureties shall be approved by the corporation counsel.

(3)

The conditional use permit shall be in effect for a period not to exceed two (2) years and may be renewed upon application for a period not to exceed two (2) years. Modifications or additional conditions may be imposed upon application for renewal.

(4)

The economic development and land use planning committee shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality and shall also consider the practicality of the proposed restoration of the site.

(Code 1975, § 7.0410; Ord. No. 2020-110, 4-13-21)

(a)

The following public recreational facilities shall be conditional uses and may be permitted as specified: archery ranges, bathhouses, beaches, boating, camps, conservatories, driving ranges, firearm ranges, golf courses, gymnasiums, hunting, ice boating, marinas, music halls, polo fields, pools, riding academies, skating rinks, sport fields, stadiums, swimming pools and zoological and botanical gardens in the P-2 district provided that the lot area is not less than three (3) acres and all structures are not less than fifty (50) feet from any district boundary.

(b)

Commercial recreation facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, racetracks, rifle ranges, turkish baths, skating rinks and theaters are conditional uses and may be permitted in the B-3, B-4, B-5 and B-6 business districts.

(Code 1975, § 7.0411)

The uses set forth in this division may be conditional uses requiring review, public hearing, and approval by the economic development and land use planning committee or may be permitted by the zoning administrator subject to the provisions of this article.

(Code 1975, § 7.0413; Ord. No. 2020-110, 4-13-21)

(a)

Tree cutting and shrubbery clearing must comply with section 20-1036 et seq and shall be so regulated as to prevent erosion and sedimentation, preserve and improve scenic qualities, and during foliation substantially screen any development from stream or lake uses. Paths and trails shall not exceed ten (10) feet in width and shall be so designed and constructed as to result in the least removal and disruption of shoreland cover and the minimum impairment of natural beauty. Any path or trail within the thirty-five-foot area described above shall be constructed and surfaced so as to effectively control erosion.

(b)

The economic development and land use planning committee or the zoning administrator shall request a review of such tree cutting and shrubbery clearing in excess of one (1) acre by the state department of natural resources and await their recommendations before taking final action, but not to exceed sixty (60) days.

(Code 1975, § 7.0413; Ord. No. 86-17, § 7.0413, 7-22-86; Ord. No. 2020-110, 4-13-21)

(a)

Earth movements, such as filling, grading, topsoil removal, stream course changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, ditching, dredging, lagooning, and soil and water conservation structures, may be permitted provided that such uses are done in accordance with the provisions of NR 115.04, the requirements of W.S.A ch. 30, and other state and federal laws where applicable and are so regulated as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen, scenic beauty, and topography.

(b)

The economic development and land use planning committee or the zoning administrator shall request a review of such earth movement by the county land conservation office and the state district fish and game managers and a review of each such cutting and clearing from the state district forester and await their recommendations before taking final action, but not to exceed sixty (60) days.

(c)

A copy of the economic development and land use planning committee's or the zoning administrator's decision on such application shall be forwarded to the department of natural resources and the Region 2 Water Resources Advisory Board within ten (10) days of such decision.

(Code 1975, § 7.0413; Ord. No. 2020-110, 4-13-21)

(a)

Shore protection structures for the Lake Michigan shoreline include such items as groins, revetments, breakwaters, bulkheads and piers, and may be permitted. All such structures shall meet the criteria set forth in recommendations of the Racine County Technical Subcommittee on Shoreland Development Standards to the Racine County Land Use Committee, 1982.

(b)

The economic development and land use planning committee or the zoning administrator shall request a review of such shore protection structures by the county technical subcommittee on shoreland development standards and await their recommendations before taking final action, but not to exceed sixty (60) days.

(Code 1975, § 7.0413; Ord. No. 2020-110, 4-13-21)

(a)

The placement of relocatable structures or buildings within the NSO district may be permitted.

(b)

The property owner shall submit a report from a professional building moving contractor certifying that the structure can be feasibly moved at a cost not to exceed thirty (30) percent of the equalized value of the structure. In addition, the property shall extend sufficiently outside the NSO district so that the structure can be relocated in the future outside the NSO district. Relocatable structures are not permitted within the SSO structural setback overlay district.

(Code 1975, § 7.0413)

Editor's note— Ord. No. 2003-132, adopted Nov. 18, 2003, repealed Art. VIII, Div. 9, in its entirety. Former Div. 9 pertained to Adult entertainment uses, and derived from Code 1975, § 7.0415, and Ord. No. 85-2, § 7.0415, adopted May 14, 1985.

The following public and semipublic uses shall be conditional uses and may be permitted as specified:

(1)

Airports, airstrips and landing fields in the M-2 and M-3 industrial districts, the A-2 and A-4 agricultural districts and the P-1 institutional park district, provided the site area is not less than twenty (20) acres.

(2)

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums in all residential and business districts; M-1, M-2 and M-3 industrial districts, and P-1 and P-2 park districts.

(3)

Utilities in all districts provided all principal structures and uses are not less than fifty (50) feet from any residential district lot line. Utilities in the A-1 district must meet W.S.A., § 91.46(4).

(4)

Public passenger transportation terminals, such as heliports, bus and rail depots, except airports, airstrips and landing fields, in all business districts and the M-1, M-2 and M-3 industrial districts, provided all principal structures and uses are not less than one hundred (100) feet from any residential district boundary.

(5)

Public and parochial and private elementary and secondary schools and churches in all residential districts and P-1 institutional park district, provided the lot area is not less than two (2) acres and all principal structures and uses are not less than fifty (50) feet from any lot line.

(6)

Colleges; universities; hospitals; sanitariums; religious, charitable, penal and correctional institutions; cemeteries and crematories in the A-2 and A-4 agricultural districts and P-1 institutional park district, provided all principal structures and uses are not less than fifty (50) feet from any lot line.

(7)

Clubs, fraternities, lodges, sororities and similar semipublic associations, where the principal purpose of the facility is for social, educational, recreational or similar nonresidential type use in the B-3 or B-5 districts, provided that all principal structures and uses conform to the setbacks for those districts.

(Code 1975, § 7.044; Ord. No. 86-243, § 7.044, 2-24-87; Ord. No. 2015-90, 12-15-15)

The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

(1)

Planned residential developments in the R-8 residential district. In addition to the development, park land, lot, building and yard requirements specified in the R-8 residential district, deed restrictions enforceable by the county shall be given to assure the proper preservation, care and maintenance, by the original and all subsequent owners, of the exterior design and layout of the development and of all common structures, facilities, utilities, accesses, open spaces and park lands.

(2)

Clubs, fraternities, lodges, sororities, religious and charitable institutions, where the principal purpose of the facility is to provide lodging and meals for the members of such organization in the R-7 residential district, provided that all principal structures and uses are not less than twenty-five (25) feet from any lot line. This provision is not intended to limit "community living arrangements" as defined by the state statutes.

(3)

Rest homes, nursing homes, homes for the aged, clinics and children's nurseries in the R-6 or R-7 residential districts provided all principal structures and uses are not less than fifty (50) feet from any lot line.

(4)

Cluster residential developments in the C-2 district shall be permitted as a conditional use. The district regulations may be varied provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than one (1) dwelling unit per five (5) acres. The original and all subsequent owners shall assure, by deed restrictions enforceable by the jurisdictional zoning body, proper preservation, care, and maintenance of: exteriors; designs; all common structures; facilities; utilities; accesses; and open spaces.

(5)

Bed and breakfast (B&B) in all residential districts and the A-2 district.

(6)

Servant's quarters not for rent in any district that allows residential development as a principal use; itinerant agricultural laborer's quarters not for rent in any agricultural district. All such structures must be clearly accessory to the principal use. In the A-1 district all servant's and itinerant agricultural labor's quarters must qualify under W.S.A., § 91.01(19).

(Code 1975, § 7.045; Ord. No. 86-243, § 7.045, 2-24-87; Ord. No. 89-255, 2-27-90; 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. 2015-90, 12-15-15)

Temporary structures shall be conditional uses in all zoning districts. The zoning administrator may grant conditional use permits for temporary structures. Any person aggrieved by a decision of the zoning administrator or any officer, department, board or bureau of the county affected by a decision of the zoning administrator may appeal that decision to the economic development and land use planning committee.

(Code 1975, § 7.046; Ord. No. 2020-110, 4-13-21)

(a)

The following commercial uses shall be conditional uses and may be permitted as specified:

(1)

Drive-in theaters in the B-5 business district provided that a planting screen at least twenty-five (25) feet wide is created along any side abutting a residential district and no access is permitted to or within one thousand (1,000) feet of an arterial street.

(2)

Drive-in establishments serving food or beverages for consumption outside the structure in the B-3, B-5 and B-6 business districts.

(3)

Motels in the B-5 and B-6 business districts.

(4)

Funeral homes in the B-2 and B-5 business districts, provided all principal structures and uses are not less than twenty-five (25) feet from any lot line.

(5)

Drive-in banks in the B-2, B-3, B-4 and B-5 business districts.

(6)

Tourist homes in the B-5 and B-6 business districts provided such district is located on a state trunk or U.S. numbered highway.

(7)

Truck and bus terminals for the parking, repair and servicing of vehicles, provided no trans-shipment or warehousing facilities are provided, in the B-5 highway business district.

(8)

Self-service storage facilities including incidental managers office/quarters in the B-3 business district along county trunk highways, state trunk highways and other similar major arterials, the B-5 business district and in the M-2 and M-3 industrial districts. The maximum lot coverage by structures for a self-service storage facility shall not exceed fifty (50) percent, and such facility shall not exceed fifteen (15) feet in height and shall meet the setbacks for the district in which it is located. Note: A greater height for self-storage structure(s) 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 operations.

(9)

Vehicle sales, service, washing and repair stations, garages, taxi stands and public parking lots, in all business districts provided all gas pumps are not less than thirty (30) feet from any side or rear lot line and twenty-five (25) feet from any existing or proposed street line.

(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.

(Code 1975, § 7.047; Ord. No. 86-86, § 7.047, 8-26-86; Ord. No. 87-144, 11-10-87; Ord. No. 88-160, § 7.047, 1-10-89; Ord. No. 2022-37, 8-23-22)

The following uses shall be conditional uses and may be permitted as specified:

(1)

Recycling drop-off sites in the B-3, M-2, M-3 and P-1 (for municipally owned sites) zoning districts subject to the following criteria:

a.

Sites shall be located so as to generate minimum impact on adjacent areas.

b.

Sites shall be fenced so that their hours can be controlled and site locked when not open.

c.

It is preferred that sites be accessory to established commercial, industrial or municipal uses.

d.

The site's storage area, parking area, and driveway shall be maintained in an all-weather, dust-free surface. Parking for a minimum of five (5) vehicles shall be provided.

e.

The non-surfaced areas of the site shall be landscaped and maintained.

f.

Trash receptacles shall be provided at the site, in addition to the receptacles for recyclable materials.

g.

Security lighting shall be provided.

h.

Sites shall not occupy required parking, not impede vehicular or pedestrian traffic flow nor disrupt on site drainage for the principal use.

i.

Sites shall be limited to collection of recyclable materials as defined in this chapter. Each site will be limited to acceptance of those materials approved by the committee and the affected town.

j.

No composting is permitted on the site.

k.

Owner and/or operator shall keep each site clean and in a neat appearance and shall dispose of material and other litter from the site.

l.

Signs shall indicate only name of site, operator, phone number, hours of collection, and types of materials collected.

(2)

Licensed commercial day care centers in the R-6 and R-7 residential districts; the B-1, B-2, and B-3 commercial districts; and in the P-1 institutional park district.

(3)

Flea markets in the B-3 and B-5 business district.

(4)

In any business district any development involving multiple, principal use buildings or multiple tenants in a single building or any single commercial building two thousand five hundred (2,500) gross square feet or larger.

(5)

Brew pubs in the B-3 business district.

(6)

Landscape contractors offices and yards in the B-3 business district.

(Ord. No. 93-99, 9-14-93; Ord. No. 93-183, 1-11-94; Ord. No. 2000-251S, 8-28-01)