The purpose of these requirements is to minimize
potential negative impacts from certain specified uses and to promote
compatibility between those uses and surrounding uses.
In addition to complying with other regulations
established in this chapter, these requirements must be met for each
specific use as a condition to a land use permit.
[Amended 6-26-2012 by Ord. No. 12-07; 6-23-2019 by Ord. No. 19-01]
A.
Cultivation agriculture.
(1)
Cultivation agricultural practices shall be allowed in all zoning
districts without issuance of a land use permit, except that structures
shall require a land use permit.
(2)
Agricultural structures shall not be the principle structure in a
residential, commercial, or industrial zoning district.
B.
General agriculture.
(1)
Barnyards, feed lots and farm structures housing animals shall be
located at least 100 feet from navigable water and shall be located
so that manure will not drain into navigable water.
(2)
General agricultural practices shall be allowed in all agricultural
districts without issuance of a land use permit, except that structures
shall require a land use permit.
C.
Agricultural business operations.
(1)
Agritourism.
(2)
Direct market agriculture.
(a)
Except for temporary structures not exceeding 160 square feet of floor area, all structures associated with direct market agriculture shall meet all setbacks and other provisions of this chapter. Temporary direct market structures which do not exceed 160 square feet of floor area shall be considered a minor structure such as those listed in § 240-32A(1).
(b)
Only one direct market structure shall be permitted on a lot.
(3)
Farmers market.
(a)
Such use shall principally involve the sale of farm and garden
products, but other types of merchandise may be sold, provided such
merchandise occupies not more than 25% of the indoor and outdoor display
area of the farm market.
(b)
At least one off-street parking space shall be provided for
each 200 square feet of indoor and outdoor display area.
(c)
Combined indoor and outdoor display areas shall not exceed 2,000
square feet.
(d)
The farmers market shall obtain site plan approval and a land
use permit.
(4)
Nursery.
(5)
Orchard.
(6)
Winery.
D.
Domestic fowl in residential districts.
A.
Bed-and-breakfast establishments.
(1)
There shall be no more than eight rooms available
for rent to transient guests. A conditional use permit shall be required
for bed-and-breakfasts with more than four rooms available to rent
in the PA, GR, GRF and AR Districts.
B.
Boardinghouses.
(1)
There shall be one off-street parking space per sleeping
room provided, in addition to two spaces required for residents of
the dwelling.
(2)
There shall be no more than eight sleeping rooms provided
for boarding.
(3)
All boardinghouses with sleeping rooms above the ground
floor shall provide an outside fire escape or escape balcony from
an area accessible to the occupants of the upper floor(s) and appropriate
exit signs.
C.
Family day-care homes.
[Amended 4-19-2016 by Ord. No. 15-07]
D.
[3]Farm and home based businesses accessory to permitted single-family
residences shall be permitted by conditional use permit in agricultural
districts, subject to the following:
(1)
The farm and home based business shall be conducted
by the owner of the dwelling unit. No more than eight persons not
residing on the site may be employed in the business. Farm and home
based businesses located in the Exclusive Agriculture District shall
not have more than two nonresident farm family member employees.
[Amended by Ord. No. 99-11]
(2)
If located within a dwelling unit, the farm and home
business shall occupy no more than 50% of the dwelling unit. If located
in an accessory building, the farm and home business shall not occupy
an area greater than 5,000 square feet.
(3)
Minimum lot size shall be five acres.
[3]
Editor's Note: Former Subsection D, regarding farm markets
accessory to agricultural uses, was repealed 6-26-2012 by Ord. No.
12-07. This ordinance also redesignated former Subsection E as Subsection
D.
E.
General
retail and services.
[Added 6-26-2012 by Ord
No. 12-07]
F.
Home businesses accessory to principal permitted single-family
residences.
(1)
If located within a dwelling unit, the home business
shall occupy no more than 50% of the floor area of the dwelling unit.
If located in an accessory building, the home business shall not occupy
an area greater than 1,500 square feet of such accessory building.
(2)
Minimum lot size shall be two acres.
(3)
The home business shall be conducted by a resident
of the dwelling unit. Such home business shall not employ more than
two persons who are not residents of the dwelling unit.
(4)
Off-street parking shall be provided in accordance with the requirements in Article VII, Parking, Loading and Access Requirements.
(5)
Such use shall not include the operation of any machinery,
tools, appliances or other operational activity that would create
a nuisance due to noise, dust, odors or vibration or be otherwise
incompatible with the surrounding area.
(6)
No more than two home businesses shall be permitted
on a single lot. The total space allowed for two home businesses combined
shall not exceed the maximum allowed for a single home business.
(7)
A lavatory shall be provided for employees and clients
of the home business.
(8)
A home business which involves a use that has particular use requirements listed in this Article IV shall, in addition, comply with those requirements.
(9)
[4]The business site shall have direct access to only state,
county or town roads. Direct access to easements shall not be allowed.
The business shall not have direct access to a private road unless
the business owner provides a written statement of permission signed
by all parties who hold a property or maintenance interest in the
road. It shall be the responsibility of the business owner to establish
the list of all parties who hold such an interest.
[Amended 4-17-2001 by Ord. No. 00-15]
[4]
Editor's Note: Former Subsection F(9), regarding on-premises
signs, was repealed 4-19-2016 by Ord. No. 15-07. This ordinance also
renumbered former Subsection F(10) and (11) as Subsection F(9) and
(10), respectively.
(10)
Only finished consumer goods that have been
produced in connection with a home business and products accessory
to such goods may be offered for sale.
G.
Home occupations. The use of a principal permitted
single-family dwelling unit for a home occupation shall be clearly
secondary to the residential use of the dwelling unit and shall not
change the residential character of the dwelling unit. The following
shall apply:
(1)
Home occupations shall be conducted only inside a
single-family residence (including any attached garage) and shall
not occupy more than an area equal to 25% of the floor area of the
residence. Home occupations shall not be conducted in an accessory
building.
(2)
The home occupation shall be conducted by a resident
of the dwelling unit. Such use shall not employ more than one person
that is not a resident of the dwelling unit.
(3)
Such use shall not include the conduct of any retail
or wholesale business on the premises, except for the sale of products
produced by the home occupation.
(4)
Such use shall not include the operation of any machinery,
tools, appliances or other operational activity that would create
a nuisance due to noise, dust, odors or vibration or be otherwise
incompatible with the surrounding area.
(5)
Such use shall not involve any outdoor storage or
display of any articles offered for sale or produced on the premises
in conjunction with the home occupation. Outdoor storage of materials
or machinery used in conjunction with the home occupation shall not
be permitted.
(6)
[5]Off-street parking shall be provided in accordance with the requirements in Article VII, Parking, Loading and Access Requirements.
[5]
Editor's Note: Former Subsection G(6), regarding on-premises
signs, was repealed 4-19-2016 by Ord. No. 15-07. This ordinance also
renumbered former Subsection G(7) as Subsection G(6).
H.
Indoor maintenance and repair.
(1)
All repair, painting, parts storage and body work
activities shall take place within a building.
(2)
All damaged or nonoperable parts shall be stored indoors
or in storage containers such as roll-offs, dumpsters or bins of similar
size and construction.
(3)
Outside storage of more than six vehicles for repair
shall be screened from public right-of-way. All permitted storage
of vehicles for repair shall be behind the building setback.
[Added 3-27-2001 by Ord. No. 00-14]
I.
Kennels.
(1)
All dogs shall be housed indoors during the hours
from 9:00 p.m. to 6:00 a.m.
(2)
Minimum side and rear yards for all structures associated
with kennels shall be 200 feet.
(3)
Except as exempted here, all kennels shall be screened from public highways by vegetative screening as described in § 240-31D. Structures located at least 200 feet from the center line of public roads are exempt from the screening requirement.
(4)
There shall be no more than two adult dogs in any
single enclosure unit.
J.
Lodging facilities.
(1)
Density requirements.
(a)
Lodging facilities in which the floor area of
each of the occupancy units is less than 450 square feet shall have
a maximum density of 16 units per acre (one unit per 2,723 square
feet of lot area).
(b)
Lodging facilities in which the floor area of
each of the occupancy units is 450 to 750 square feet in area shall
have a maximum density of 12 units per acre (one unit per 3,630 square
feet of lot area).
(c)
Lodging facilities in which the floor area of
each occupancy unit is greater than 750 square feet shall have a maximum
density of six units per acre (one unit per 7,260 square feet of lot
area).
(d)
The allowable density of lodging facilities
which include a mixture of unit sizes shall be calculated as follows:
The sum of all areas derived by multiplying each unit by its appropriate
lot area requirement shall not exceed the total area of the parcel.
(2)
Multiple buildings with lodging facilities may be
located on the same parcel but shall be separated from each other
by a distance of at least 30 feet.
K.
Mini-storage.
(1)
Except in industrial districts, all buildings shall
be located a minimum of 50 feet from all lot lines.
(2)
Commercial storage facilities shall not be used as
workshops or retail shops.
(3)
Outside storage shall be prohibited.
(4)
Screening with vegetation and/or fencing as approved
by the Land Management Committee shall be provided along property
lines bordering residential districts.
(5)
Lighting shall be shielded to prevent direct illumination
of adjacent properties not in industrial and commercial districts
or public rights-of-way.
M.
[7]Retreat centers.
[Added 4-22-2008 by Ord. No. 07-09]
(1)
Facilities may not be utilized by the nonparticipating public for
meals or overnight accommodations.
(2)
Housing may be in lodges, cabins, or dormitories and other residential
structures.
(3)
Each housing structure may have one cooking facility.
(4)
Minimum lot size for the parcel shall be two acres.
(5)
There shall be one off-street parking space provided for each sleeping
room provided.
(6)
Retail activities outside the Commercial District shall be limited
to those specifically identified in the conditional use permit.
(7)
Adequate, code-compliant, on-site wastewater facilities shall be
provided.
[7]
Editors Note: Former Subsection M, regarding trade and contractors'
establishments, was repealed 6-26-2012 by Ord. No. 12-07. This ordinance
also redesignated former Subsection N as Subsection M.
A.
Nonmetallic mining, including washing, crushing or
other processing, provided that:
[Amended by Ord. No. 99-11; 4-17-2012 by Ord. No. 12-02]
(1)
Application for such operation shall include a description of the operation; a list of equipment, machinery and structures to be used; a listing of all chemicals to be used in blasting, manufacturing or processing operations, and dust suppression; the source, quantity (estimated daily use), and disposition of water to be used; a topographic map of the site showing existing contours with minimum vertical contour interval of five feet; trees; proposed and existing access roads; the depth of all existing and proposed excavations; and a reclamation plan, in addition to other information which may be required in § 240-76 which may include a WisDOT Transportation Impact Analysis, Fugitive Dust Plan or Blasting Plan.
(3)
The conditional use permit shall be in effect for
a period not to exceed two years and may be renewed upon application
for a period not to exceed two years. Modifications or additional
conditions may be imposed upon application for renewal.
(4)
The
Land Management Committee shall particularly consider the effects
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
anticipated final vertical contours as they relate to health and safety
of adjacent existing and planned land uses.
(6)
Nonmetallic mining in the Exclusive Agriculture District
shall comply with restrictions specified in § 91.75(9),
Wis. Stats.
B.
Asphalt plants and accessory uses to nonmetallic mining.
[Added 3-27-2001 by Ord. No. 00-14[1]]
C.
Salvage yards.
(1)
Salvage materials shall not be located within 500
feet of any residence other than that owned by the owner of the premises
or any residential or business district or 1,000 feet from a lake,
river or stream. No junk or salvage operation shall be carried on
within 1,000 feet of any highway right-of-way, and all establishments
of this kind shall have minimum side and rear yards of 100 feet.
(2)
Salvage material shall not be located in a wetland
or floodplain.
(3)
Salvage materials shall be enclosed by a suitable
fence or vegetative screening as approved by the Department of Land
Management so that the materials are not visible from other property
in the vicinity of the salvage yard nor from a public road nor from
navigable water. The fence or vegetative screen shall be a minimum
of eight feet in height and shall be properly maintained to satisfy
the obscuring objective.
(4)
Salvage materials shall not be piled higher than the
height of the fence or vegetative screen.
(5)
Such operation shall comply with any other conditions specified by the Land Management Committee pursuant to § 240-76.
(6)
For fire protection, an unobstructed fire break shall
be maintained, 15 feet in width and completely surrounding the salvage
yard.
(7)
At the site, appropriate measures shall be taken to
prevent water and soil contamination from oils, gasoline, grease or
other contaminants. At a minimum, there shall be five feet of soil
between the water table or bedrock. If wells are located within 1,000
feet of the site, the Land Management Committee may require a liner
and bonds for removal of contaminated topsoil.
D.
Sawmills and planing mills.
(1)
Such uses shall be located a minimum distance of 500
feet from any dwelling unit other than that of the owner or operator
of the establishment.
(2)
No sawmill or planing mill shall produce a sound level
at its property boundary that exceeds 55 decibels.
(3)
Areas used for stockpiling and maneuvering shall be
a minimum distance of 200 feet from any dwelling unit other than that
of the owner or operator of the establishment.
E.
Heavy industrial uses.
[Added 4-17-2012 by Ord. No. 12-02]
F.
Hydraulic dredge material storage.
[Added 4-17-2012 by Ord. No. 12-02]
(1)
Description of project shall include:
(a)
Soil properties of dredge materials.
(b)
The amount of dredge material.
(c)
The amount of water to be added.
(d)
Chemical analysis of dredge material.
(e)
Surrounding land uses.
(f)
Depth to water table.
(g)
Groundwater levels, flow and direction, and potential impact
on groundwater discharge and recharge.
(h)
Proposed runoff patterns and adjacent drainage.
(i)
Potential for effluent, leachate, and surface runoff impacting
adjacent ground- and surface water resources.
(j)
Potential for dust, noise or odor problems.
(k)
Proximity to sensitive ecological environments.
(l)
Inventory of wells, private and municipal, which will likely
be affected.
(m)
Mitigation plan for affected properties.
(n)
Soil properties of storage site.
(o)
The possible migration pathways of contaminants from the storage
site.
(p)
Proposed use of material.
(q)
Project timeline.
(2)
Analysis shall be provided for a minimum of two sites along with
a narrative discussing the feasibility of each site.
(3)
All attempts shall be made to eliminate or reduce any potential negative
impacts on residential districts or neighborhoods.
[Added 3-27-2001 by Ord. No. 00-14; amended 4-22-2008 by Ord. No. 07-09; 7-22-2008 by Ord. No. 08-06; 4-17-2012 by Ord. No. 12-02]
B.
Warehouse and storage.
(1)
All structures shall be on concrete slabs, except seasonal boat
and vehicle storage buildings, which may be on a concrete slab.
(2)
All truck parking and loading areas shall be paved.
(3)
The number of trucks parked outside on the site shall not exceed
the number of loading bays, and all such trucks that shall be engaged
in transshipment shall be inside.
[Amended by Ord. No. 99-11; 3-23-2004 by Ord. No. 03-30; 6-26-2012 by Ord. No.
12-07]
A.
Campgrounds.
(1)
Each campsite shall be plainly marked and surfaced with gravel, asphalt
or other material to free the site of mud.
(2)
The maximum number of campsites shall be 15 per acre.
(3)
The minimum lot size shall be five acres.
(4)
Each campsite shall be a minimum of 1,000 square feet.
(5)
There shall be two off-street parking spaces for each campsite.
(6)
All sites shall meet the required setbacks from roads and from the
ordinary high-water mark and shall be located at least 50 feet from
all exterior lot lines.
(7)
Each campground shall be screened by means of a vegetative screening, as described in § 240-31D, along all lot lines. Such requirement may be waived by the Zoning Administrator if existing woody vegetation is such that the screening objective is or will be achieved.
(8)
No more than one mobile recreational vehicle shall be allowed on
any individual campsite.
(9)
A camping unit shall not be occupied for more than eight months in
a calendar year, although a camping unit may remain on an individual
campsite for an entire calendar year. The wheels and tires shall remain
in an in-transit position.
(10)
No porches, lean-tos or additions shall be constructed onto
or immediately adjacent to a camping unit. Canvas screen rooms or
awnings shall be allowed.
(12)
A camping unit and deck may only be skirted with lattice; however,
solid skirting may be installed immediately adjacent to the tires.
(13)
One storage shed may be allowed per campsite. Said shed shall
not exceed 80 square feet in floor area.
(14)
A shelter unit may be located on an individual campsite, provided
it is designed only to protect occupants from the elements and does
not have a permanent water supply, a sewage system, electricity or
heating and cooking facilities. A shelter unit shall not exceed 300
square feet in total floor area.
(15)
One dwelling unit to be occupied by the owner and not more than
one additional dwelling unit to be occupied by the manager may be
permitted in a campground.
(16)
Camping shall be permitted in approved campgrounds without issuance
of a regular land use permit.
B.
Riding stables, commercial and private.
(1)
Minimum lot size for riding stables shall be 10 acres for commercial
riding stables and three acres for private riding stables.
(2)
There shall be at least one acre of open space provided on the lot
for each horse kept on the lot.
(3)
All stables shall be located at least 100 feet from the ordinary
high-water mark of navigable water and shall be located such that
manure will not drain into navigable water.
C.
Nature-based operations.
D.
Private outdoor recreational uses.
E.
Public outdoor recreational uses.
F.
Residential parks.
G.
Resorts.
(1)
Housing may be in lodges, cabins and other residential structures.
(2)
Each housing structure may have one cooking facility.
(3)
There shall be one off-street parking space provided for each sleeping
room provided.
(4)
Retail activities shall be limited to those specifically identified
in the conditional use permit.
A.
Accessory residences.
(1)
Accessory residences shall be permitted in the C,
LI and I Districts, subject to the following:
(a)
There shall be no more than one accessory residence
on a lot.
(b)
The accessory residence may be either an attached
or detached dwelling unit.
(c)
The setbacks and minimum yards for such dwelling
unit shall be the required setbacks and minimum yards for principal
structures.
(d)
Such dwelling unit shall meet all other provisions
of this chapter.
(e)
Such accessory residence shall not be a manufactured
home.
(f)
Accessory residences shall require a land use
permit.
(2)
Accessory residences which are accessory to single-family
residences shall be permitted in the PA, GR, GRF, AR, RR-8, RR-12
and RR-20 Districts, subject to the following:
[Amended 11-25-2021 by Ord. No. 21-06]
(a)
There shall be no more than one accessory residence on a lot.
(b)
The setbacks and minimum yards for such dwelling unit shall
be the required setbacks and minimum yards for principal structures.
(c)
Such dwelling unit shall meet all other provisions of this chapter.
(d)
The area of the accessory dwelling shall be no greater than
60% of the square footage of the principal dwelling, and cannot exceed
1,500 square feet in area.
(e)
Adequate, functioning, approved method of sewage disposal shall
be provided for all residences. Sewage disposal system(s) shall be
sized to accommodate full capacity of the residences.
(3)
Accessory residences which are accessory to single-family residences in the PA, GR, GRF, AR, RR-8, RR-12 and RR-20 Districts and comply with Subsection A(2)(a), (b), (c) and (e), but are unable to comply with the requirements of Subsection A(2)(d), may be permitted with the issuance of a conditional use permit, subject to the following:
[Added 11-25-2021 by Ord. No. 21-06
(a)
The accessory residence must be smaller than the principal residence
and cannot exceed 1,500 square feet in area.
B.
Manufactured homes. The following requirements apply
to manufactured homes which are not located in manufactured home parks:
(1)
Manufactured homes shall comply with federal inspection
requirements per Housing Act of 1976 and its successors.
(2)
The towing and transportation equipment, including
the wheel assembly, shall be removed and the manufactured home shall
be mounted on and attached to a permanent foundation.
(3)
Manufactured homes shall be a minimum of 14 feet wide.
C.
Manufactured home parks.
(1)
Internal streets shall have a minimum right-of-way
of at least 40 feet.
(2)
Internal streets and parking areas shall be surfaced
with a dust-free material.
(3)
There shall be at least two parking spaces for each
manufactured home site.
(4)
The minimum distance between manufactured home units,
including all appurtenances, shall be 15 feet.
(5)
The minimum distance between a manufactured home unit,
including all appurtenances, and an internal street shall be 10 feet.
(6)
No sales office or other business or commercial use
shall be located within a manufactured home park. Laundries, washrooms,
recreation rooms, maintenance equipment storage and one management
office are permitted.
(7)
Each manufactured home park shall be screened, except for permitted entrances and exits, by means of a vegetative screen, as described in § 240-31D at the perimeter of the manufactured home park. The requirement may be waived by the Zoning Administrator if existing woody vegetation is such that the screening objective is or will be achieved.
(8)
Manufactured homes in manufactured home parks shall
contain at least 550 square feet of floor area.
(9)
No manufactured home site shall be rented for a period
of less than 30 days.
(10)
A deck(s) shall be permitted on each manufactured
home site. The total size of the deck(s) shall not exceed 25% of the
floor area of the manufactured home. The deck(s) shall comply with
the setback and yard requirements for manufactured homes in approved
manufactured home parks.
(11)
The total floor area of additions such as screen
porches, lean-tos or other extensions attached to a manufactured home
shall not exceed 5% of the floor area of the manufactured home. Any
additions constructed in conformance with this provision shall comply
with the setback and yard requirements for manufactured homes in an
approved manufactured home park.
(12)
One accessory structure shall be permitted for
each manufactured home site and shall not exceed 120 square feet in
floor area. Accessory structures allowed under this provision shall
be located a minimum of 10 feet from the manufactured home on the
same manufactured home site and shall be located a minimum of 15 feet
from a manufactured home or an accessory structure on another site.
(13)
All manufactured homes shall meet the construction
standards of the United States Department of Housing and Urban Development
Manufactured Housing Code.
(14)
No permit shall be required to move a manufactured
home onto a manufactured home site or interchange a manufactured home
for another manufactured home on a manufactured home site in a manufactured
home park that has been approved in accord with all applicable provisions
of this chapter. The number of manufactured homes in an approved manufactured
home park shall not exceed the number of manufactured home sites illustrated
on site plans approved as part of the approval of the manufactured
home park or the approval of an expansion of the manufactured home
park.
(15)
All manufactured home sites shall take access
only to an internal street.
(16)
The number of manufactured homes in a nonconforming
manufactured home park shall not exceed the number of sites existing
on the effective date of this chapter, unless expansion has been authorized
through a conditional use permit.
D.
Second farm residence for worker principally engaged
in the farm operation or for a retired farm owner, subject to the
following:
[Amended by Ord. No. 99-11; 6-23-2019 by Ord. No. 19-01]
(1)
The residence may be a manufactured home.
(2)
Manufactured homes used as residences for farm employees,
parents and/or adult children of farm operators shall comply with
the following:
(a)
Such manufactured home shall provide housing
for farm employees who assist farm operators engaged in agriculture
activities or for parents and/or adult children of farm operators.
(b)
The manufactured home shall not be placed on
a separate lot.
(c)
The manufactured home shall meet the minimum
floor area requirements and all setback and yard requirements of this
chapter.
(d)
When the manufactured home is no longer occupied
by said farm employees, parents or adult children, the manufactured
home shall be removed from the farm operator's property.
(e)
The manufactured home shall be connected to
a code-compliant wastewater disposal system.
(f)
The number of such manufactured homes shall
not exceed one manufactured home per 80 acres of land owned by said
farm operator.
(g)
All portions of such manufactured home shall
be located within 300 feet of the dwelling unit of said farm operator.
(3)
A residence which is not a manufactured home may be separated from the farm operation as a single-family dwelling, pursuant to Subsection E, provided that no more than one second farm dwelling constructed since the effective date of this chapter may be so separated from a farm or future divisions of a farm. This section shall not apply to a second farm residence which can be separated in conformance with lot size and lot density requirements of the zoning district in which it is located.
(4)
A second farm residence in the Exclusive Agriculture
District shall be restricted to a worker who earns a majority of his
or her income from conducting farm operations.
E.
Separated farm residence. Single-family residences
existing prior to the effective date of this chapter may be separated
from farm parcels, subject to the following:
(1)
The lot created shall contain at least one acre exclusive
of lands within any public right-of-way.
(2)
The lot width of the resultant lot shall be at least
100 feet.
(3)
The lot lines created shall place all existing structures
in conformance with applicable setback and yard requirements.
(4)
The creation of the separate lot shall not reduce
the remaining tract to a lot area of less than that required for a
new lot in the zoning district.
(5)
Separation of farm residences in the Exclusive Agriculture
District shall meet all of the following criteria:
[Added by Ord. No. 99-11]
(6)
Residences in the Exclusive Agriculture District may
only be occupied by the following: an owner of the parcel; a person
who, or a family at least one adult member of which, earns the majority
of his or her income from conducting the farm operations; a parent
or child of an owner who conducts the majority of the farm operations;
or a parent or child of an owner who resides on the parcel and who
previously conducted the majority of the farm operations.
[Added by Ord. No. 99-11]
F.
Exclusive agriculture minimum lot size exception.
A parcel of five acres or less in size may be created upon issuance
of a conditional use permit and a residence permitted in the Exclusive
Agriculture District only if it is to be owned and occupied by the
following: an owner of the parcel; a person who, or a family at least
one adult member of which, earns the majority of his or her income
from conducting the farm operations; a parent or child of an owner
who conducts the majority of the farm operations; or a parent or child
of an owner who resides on the parcel and who previously conducted
the majority of the farm operations.
[Added 8-23-2005 by Ord. No. 05-06]
A.
Airports, airstrips and landing fields.
(1)
The area proposed for this use shall be sufficient
in size, and the site shall otherwise be adequate, to meet the standards
of the Federal Aviation Administration, Department of Transportation,
for the class of airport proposed.
(2)
One off-street parking space shall be required for
every tie-down space or plane space within hangars.
B.
Clean fill site.
(1)
Applicability. A land use permit for a clean fill
site shall be required for deposition of 2,000 or more cubic yards
of clean fill. Filling for construction of public highway shall not
require a permit.
(2)
Application for a clean fill site permit shall include
the following:
(a)
Location, size and ownership of land upon which
the operation will be situated.
(b)
Complete construction plans and specifications
and proposed operating procedures for the operation, including but
not limited to fill volume and type of fill.
(c)
Copies of all application documents submitted
to any other governmental agency for permitting purposes.
(d)
An affidavit from the landowner giving the agent
permission to conduct the operation on the landowner's property and
a copy of the contractor's disposal agreement.
(e)
An affidavit from the solid waste manager that
approval has been granted by the Solid Waste Management Board.
(f)
An affidavit from the applicable town stating
that the facility as proposed has local approval.
(g)
A topographic map of the site showing existing
contours with minimum vertical contour interval of five feet, trees,
proposed and existing access roads and buildings, the area and dimensions
of the fill site and distances to buildings, lot lines, existing wells
and other utilities.
(h)
A restoration plan showing final slopes, extent
of fill area, grading, seeding and mulching, depth and type of final
cover, surface water runoff control, erosion control and restoration
commencement and completion dates.
(i)
Sureties or bonds sufficient to allow the county
to perform restoration in the event of default by the applicant.
(j)
A landscaping and screening plan.
(k)
Fees as established by the County Board of Supervisors.
(3)
Approval. The Zoning Administrator shall be authorized
to approve the application for a clean fill site with any conditions
necessary. In approving the application, the Zoning Administrator
shall 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. The Zoning Administrator shall also consider the practicality
of the proposed restoration plan and screening plan for the site.
(4)
Term of approval. The land use permit for a clean
fill site shall be in effect for two years and may be renewed upon
application for a period not to exceed two years and a renewal fee
as set by the County Board. Modifications or additional conditions
may be imposed upon application for renewal.
C.
Wireless communications service facilities (WCSF).
[Amended 9-25-2001 by Ord. No. 01-12; 8-18-2015 by Ord. No.
15-02]
(1)
Applicability. A land use permit shall not be required for WCSF that
do not exceed 35 feet in height. A land use permit shall be required
for WCSF greater than 35 feet.
(2)
Procedure.
(a)
The application for siting and construction of a WCSF shall
include:
[1]
The name and business address of, and the contact individual
for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
A construction plan which describes the mobile service support
structure and the equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
related equipment to be placed on or around the new mobile service
support structure.
[5]
An explanation as to why the applicant chose the proposed location
and why the applicant did not choose co-location, including a sworn
statement from an individual who has responsibility over the placement
of the mobile service support structure attesting that co-location
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider.
(b)
The application for a substantial modification of an existing
WCSF shall include:
[1]
The name and business address of, and the contact individual
for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
A construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
(c)
If an applicant submits to the County an application for a permit
to engage in an activity described in this subsection, which contains
all of the information requried under this subsection, the County
shall consider the application complete. If the County does not believe
that the application is complete, the County shall notify the applicant
in writing, within 10 days of receiving the application, that the
application is not complete. The written notification shall specify
in detail the required information that was incomplete. An applicant
may resubmit an application as often as necessary until complete.
(d)
Within 90 days of its receipt of a complete application, the
County shall complete all of the following or the applicant may consider
the application approved, except that the applicant and the County
may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with
all applicable aspects of the County Zoning Ordinance.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(e)
The County may disapprove an application if the applicant refuses to evaluate the feasibility of co-location within the applicant's search ring of 1/2 mile and provide the sworn statement described under § 240-41C(2)(a)[5].
(f)
Third-party review may be required at the expense of the applicant
if the applicant provides the County with an engineering certification
showing that a WCSF support structure, or an existing structure, is
designed to collapse within a smaller area than the setback area required.
(g)
Pierce County will not consider an activity a substantial modification
if a greater height is necessary to avoid interference with an existing
antenna or if a greater protrusion is necessary to shelter the antenna
from inclement weather or to connect the antenna to the existing structure
by cable.
(h)
A party who is aggrieved by the final decision under Subsection C(2)(d)[2] may bring an action in the Circuit Court of Pierce County.
(3)
Requirements.
(a)
The WCSF shall conform to all FAA standards.
(b)
The owner of the WCSF shall submit a competitively neutral,
nondiscriminatory, and commensurate surety to cover the cost of abandonment
should the facility fall into disuse. The issuer of any surety must
provide verification that they are able to conduct business in the
State of Wisconsin.
(e)
WCSF providers are responsible for correcting any electrical
interference problems caused by their equipment or facilities.
(f)
All towers and antennas must be insured against personal injury,
wrongful death, and property damage claims.
(g)
No advertising or identification signs shall be placed on WCSF
unless required by law.
(h)
If the County has reason to believe that an existing WCSF is
a safety risk, it may require that a registered engineer perform an
inspection and that a copy of the inspection results be provided within
60 days.
(i)
Owners/providers/permittees shall submit annually on or before
January 31 of each year a telecommunications facility annual information
report. The report shall include the WCSF owner's name, address(s),
phone number(s), contact person(s), legal description of the location
of the WCSF, tower height, current occupancy, and other information
deemed necessary by the Zoning Administrator. Failure to provide this
information shall result in a civil forfeiture of $200 per day until
the report is received.
D.
Energy systems.
[Added 9-25-2001 by Ord. No. 01-12; amended 6-23-2009 by Ord. No. 09-01]
(1)
Purpose. This section is established to oversee the permitting of
wind and solar energy systems and to preserve and protect public health
and safety without significantly increasing the cost or decreasing
the efficiency of a wind or solar energy system.
(2)
Wind energy systems (WES).
(a)
Types.
[1]
Small: A WES that has not more than 100 kilowatts in total nameplate
generating capacity and a total height less than 200 feet which is
incidental and subordinate to a permitted use on the same parcel or
on a contiguous parcel of common ownership and is intended to supply
electrical power solely for on-site use, except that when a parcel
on which the system is installed also receives electrical power supplied
by a utility company, excess electrical power generated and not presently
needed for on-site use may by used by the utility company.
[2]
Large: a WES intended to generate power for off-site consumption
consisting of one or more wind turbine(s), a tower(s), and associated
control or conversion electronics, which has a rated capacity of more
than 100 kilowatts or a total height of 200 feet or greater.
(b)
Standards.
[1]
Setbacks.
[a]
Small. A small WES shall be set back a distance
equal to 110% of its total height from any public road right-of-way,
property lines, and overhead utility lines. Exceptions to the property
line setback may be granted with written permission from the affected
property owner.
[b]
Large. A large WES shall be set back a distance
equal to the hub height plus the rotor diameter multiplied by 1.5
[(HH + RD) x 1.5] from any public road right-of-way or property line
and 110% of its total height from any overhead utility line. Exceptions
to the property line setback may be granted with written permission
from the affected property owner.
[2]
Access. The tower shall be designed and installed so as not
to provide step bolts or a ladder readily accessible to the public
for a minimum height of 12 feet above the ground.
[3]
Engineering certification. For all WES, the manufacturer's engineer
or another qualified engineer shall certify that the turbine, foundation
and tower design of the WES is within accepted professional standards,
given local soil and climate conditions.
[4]
Utility notification. A small WES that intends to connect to
the electric utility shall not be permitted until evidence has been
given that the utility company has been informed of the customer's
intent to install an interconnected customer-owned generator. A copy
of the final agreement shall be submitted to the Zoning Office.
[5]
Building-mounted WES structural integrity. The structure upon
which the proposed WES is to be mounted shall have the structural
integrity to carry the weight and wind loads of the wind energy system
and have minimal vibration impacts on the structure.
[6]
Code compliance. A WES shall comply with all applicable state
construction and electrical codes and the National Electrical Code.
A WES to be used with a commercial land use shall comply with the
Commercial Building Code.
[7]
Signage. Appropriate warning signs are allowed on the WES; a
large WES shall include an emergency phone number. All other signage
is prohibited on the wind energy system.
[8]
Lighting. A WES shall not be artificially lighted, except to
the extent required by the Federal Aviation Administration (FAA) or
other applicable authority.
[9]
Compliance with FAA regulations. WES must comply with applicable
FAA regulations, including any necessary approvals for installation
close to airports. Evidence of compliance may be required to complete
an application.
[10]
Installer. All WES shall be installed by a person
qualified to perform such work.
[11]
Discontinuation and decommissioning. A WES shall
be considered discontinued after one year without energy production,
unless a plan is developed and submitted to the Pierce County Zoning
Administrator outlining the steps and schedule for returning the WES
to service.
[a]
Removal of WES and accessory facilities.
[i]
All WES and accessory facilities shall be removed in their entirety,
at the owner's sole expense, within 90 days of the discontinuation
of use. If the owner fails to remove the WES, the Zoning Administrator
may pursue legal action to have it removed at the owner's expense.
[ii]
Small WES footings and foundations shall be removed so that
they are at or below ground level. Large WES footings and foundations
shall be removed entirely.
[b]
Each large WES shall have a decommissioning plan
outlining the anticipated means and cost of removing the WES at the
end of its serviceable life or upon becoming a discontinued use.
[i]
The cost estimates shall be made by a competent party, such
as a professional engineer, a contractor capable of decommissioning
or a person with suitable expertise or experience with decommissioning.
[ii]
The plan shall also identify the financial resources that will
be available to pay for the decommissioning and removal of the WES
and accessory facilities.
[c]
Pierce County may require financial security in
the form of a cash escrow, irrevocable letter of credit or a performance
bond to ensure that decommissioning of the large WES is completed
as required.
[12]
Meteorological towers shall be permitted under
the same standards, permit requirements, decommissioning requirements
and permit procedures as a small WES.
[13]
Orderly development. Upon issuance of a conditional
use permit, all large WES shall notify the Public Service Commission
of Wisconsin.
[14]
Interference. The applicant shall mitigate interference
with electromagnetic communications, such as radio, telephone, microwaves,
or television signals caused by the WES. No WES shall be constructed
so as to interfere with Pierce County or Wisconsin Department of Transportation
microwave transmissions.
(c)
Permits.
[Amended 9-27-2016 by Ord. No. 16-03]
[1]
Small WES shall require a land use permit, prior to construction,
and may be permitted in all zoning districts and subject to the regulations
and requirements of this section.
[Amended 9-27-2016 by Ord. No. 16-03]
[a]
The Zoning Administrator shall have up to 15 working days following the submittal of a complete application to approve or deny such application. The Zoning Administrator may impose such conditions and require such guarantees deemed reasonable and necessary to protect the public health and safety and to ensure compliance with the standards and purpose of this Subsection D.
[b]
Any application or proposal where the establishment of one or more small WES may have adverse impacts on surrounding properties or if public health and safety concerns are present, as determined by the Zoning Administrator, shall be referred to the Land Management Committee for review and approval. The Land Management Committee shall conduct its review and approval consistent with criteria set forth in § 240-76, Conditional use permits.
[2]
Large WES shall require a conditional use permit, prior to construction,
and may be permitted in all zoning districts and subject to the regulations
and requirements of this section.
(d)
Applications. The application for all WES shall include the
following information:
[1]
Name of the applicant.
[2]
Name of the owner.
[3]
The legal description and address of the site.
[4]
Wind system specifications, including the manufacturer and model,
rotor diameter, nameplate generating capacity, tower height, tower
type (monopole, steel lattice, or guyed), total height, and means
of interconnecting with the electrical grid.
[5]
Site layout, including the location of property lines, structures,
wind towers and turbines, overhead utility lines, and interconnection
points with the electrical grid.
[6]
Tower foundation blueprints or drawings.
[7]
Tower blueprint or drawing.
[8]
Engineer's certification.
[9]
Installers signature certifying that the WES will be installed
in compliance with this section and all other applicable codes.
[10]
Utility notification (if necessary).
[11]
FAA compliance (if necessary).
[12]
All other information required for a land use
permit.
(e)
Additional application requirements for a large WES:
[1]
FAA permit application.
[2]
Location of all known communications towers within two miles
of the proposed WES.
[3]
Decommissioning plan.
[4]
Documentation projecting the shadow flicker on any and all surrounding
parcels and the extent and duration of the shadow flicker on these
parcels.
[5]
Sound analysis, measurements and projections. WES sound propagation
shall conform to International Electromechanical Commission (IEC)
Standard 61400-11 Part 11, as that standard may be amended or updated
from time to time. Acoustic noise measurements techniques shall include
optional noise directivity requirements (see below), infrasound (low-frequency)
projections, low-frequency sound (between 20 Hz and 100 Hz) measurement
and analysis and impulsivity measurement (noise pressure of potential
"thumping" sounds). Analysis shall include but is not limited to:
[a]
A survey of the existing ambient background sound
levels. Analysis shall include daytime measurements and also at least
two ambient noise measurements between 9:00 p.m. and 11:59 p.m. and
two between 1:00 a.m. and 5:00 a.m.
[b]
A prediction of the WES sound levels at the property
border. This can be made with manufacturer's data or data from a private
testing agency for proposed WES or by direct measurement for the WES
in place, so long as measurements are conducted according to IEC and
61400-11, Part 11, as that standard may be amended or updated from
time to time. Including infrasound and low-frequency noise between
20 Hz and 100 Hz, modeling must identify likely pure tone sources.
[c]
Identification and support for a model for sound
propagation. The model may be hemispherical or spherical, but particular
attention must be paid to the sound propagation downwind of the proposed
installation site and the propagation of sound at differing atmospheric
densities.
[d]
A comparison of calculated wind sound pressure
levels with and without the WES or proposed WES. This confirms the
baseline for permitted sound levels once the WES are operating.
[6]
All other information required for a conditional use permit.
(3)
Solar energy systems (SES).
(a)
Types.
[1]
Small: equipment which directly converts and then transfers
or stores solar energy into usable forms of thermal or electrical
energy which is incidental and subordinate to a permitted use on the
same parcel or on a contiguous parcel of common ownership and is intended
to supply thermal energy or electrical power solely for on-site use,
except that when a parcel on which the system is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may by used
by the utility company.
[2]
Large: equipment which directly converts and then transfers
or stores solar energy into usable forms of thermal or electrical
energy which is intended for off-site consumption.
(b)
Standards.
[2]
Height restrictions.
[Amended 11-25-2021 by Ord. No. 21-06]
[a]
Small SES. Height shall not exceed 35 feet in height. Building-mounted
SES may extend up to eight feet above the allowable building height.
Exemptions may be granted by the Land Management Committtee.
[b]
Large SES. Height shall be established by the Land Management
Committee based on purpose and intent of this chapter.
[3]
Glare. The SES shall be positioned so that the glare does not
create any unsafe conditions.
[4]
Installer. All SES shall be installed by a North American Board
of Certified Energy Practitioners (NABCEP) certified solar installer
or other person qualified to perform such work.
[5]
Code compliance. A SES shall comply with all applicable State
of Wisconsin electrical codes and the National Electrical Code. A
SES that will connect to a commercial structure or multiunit dwelling
shall comply with the State of Wisconsin Commercial Building Code,
when necessary; other applicable SES shall comply with the Uniform
Dwelling Code.
[6]
Utility notification. A small SES that intends to connect to
the electric utility shall not be permitted until evidence has been
given that the utility company has been informed of the customer's
intent to install an interconnected customer-owned generator. A copy
of the final agreement shall be submitted to the Zoning Office.
[7]
Structural integrity. The structure upon which the proposed
SES is to be mounted shall have the structural integrity to carry
the weight and wind loads of the SES.
[8]
Orderly development. Upon issuance of a conditional use permit,
all large SES shall notify the Public Service Commission of Wisconsin.
[9]
Vegetative buffer. Vegetative buffers for a large SES shall be established
by the Land Management Committee based on the purpose and intent of
this chapter.
[Added 11-25-2021 by Ord. No. 21-06]
[10]
A decommissioning plan and associated financial assurances may be
required by the Land Management Committee for a large SES.
[Added 11-25-2021 by Ord. No. 21-06]
(c)
Permits.
[Amended 9-27-2016 by Ord. No. 16-03]
[1]
Small SES shall require a land use permit, prior to construction,
and may be permitted in all zoning districts and subject to the regulations
and requirements of this Section.
[a]
The Zoning Administrator shall have up to 15 working days following the submittal of a complete application to approve or deny such application. The Zoning Administrator may impose such conditions and require such guarantees deemed reasonable and necessary to protect the public health and safety and to ensure compliance with the standards and purpose of this Subsection D.
[b]
Any application or proposal where the establishment of one or more small SES may have adverse impacts on surrounding properties or if public health and safety concerns are present, as determined by the Zoning Administrator, or if a height exemption is requested, shall be referred to the Land Management Committee for review and approval. The Land Management Committee shall conduct its review and approval consistent with criteria set forth in § 240-76, Conditional use permits.
[2]
Large SES shall require a conditional use permit, prior to construction,
and may be permitted in all zoning districts and subject to the regulations
and requirements of this section.
(d)
Applications.
[1]
Name and contact information of the applicant, owner and installer.
[2]
The legal description and address of the site.
[3]
A description of the scope of work.
[4]
Solar system specifications, including the manufacturer and
model, generating capacity, total height, collector square footage,
wiring plan, and means of interconnecting with the electrical grid.
[5]
Site layout, including the location of property lines, structures,
SES and the total extent of system movements, and interconnection
points with the electrical grid.
[6]
Installer's qualifications and signature certifying that the
SES will be installed in compliance with this section and all other
applicable codes.
[7]
Utility notification (if necessary).
[8]
All additional information required for a land use permit.
(e)
Additional application requirements for a large SES.
E.
Utility facilities. Utility facilities shall be subject
to the following:
[Amended by Ord. No. 99-11; 9-27-2016 by Ord. No.
16-03]
(1)
No land use permit shall be required for any installation
that is at or below grade elevation nor for electrical distribution
poles, towers and wires.
(2)
Those structures which are four feet or less above
grade elevation need not meet setback requirements nor need they be
placed on conforming lots.
(3)
Electrical substations shall be enclosed by a chain-link
fence at least 10 feet high. Such structures shall additionally be
located at least 75 feet from a dwelling unit and 50 feet from any
residential lot line.
(4)
Utility facilities where the land area bounded by
the location of such structure or equipment is less than 1,000 square
feet shall be exempt from the permit requirements of this chapter
and shall not require a land use permit.
(5)
Utility facilities in the Exclusive Agriculture District
shall be consistent with agricultural use per § 91.01(10),
Wis. Stats.
A.
Unspecified temporary uses which are conducted for not more than seven consecutive days nor more than 10 days in any one-year period may be conducted in any zoning district. Uses which are conducted for more than seven consecutive days or for more than 10 days in any one-year period, except for those listed in Subsections B through F, shall be regarded as principal uses and regulated accordingly. Unspecified temporary uses shall be subject to the following:
[Amended 9-27-2016 by Ord. No. 16-03]
(1)
Such uses shall not require a land use permit.
(2)
Such uses shall meet all setback and yard requirements
of this chapter.
(3)
Such uses shall not involve the construction or alteration
of any permanent structure.
(4)
The previous operation of an unspecified temporary
use shall not be considered grounds for reestablishment of such use
on either a permanent or temporary basis.
B.
Camping on a lot during construction of a single-family
dwelling shall be allowed, subject to the following:
(1)
A land use permit for a single-family residence has
been secured and a slab, crawl space or foundation for the single-family
dwelling unit has been installed.
(2)
A land use permit which authorizes such camping has
been secured.
(3)
The camping unit shall be located at least 25 feet
from all lot lines and at least 50 feet from any dwelling unit other
than that of the owner of the land upon which the camping unit is
placed and shall meet the setback requirements.
(4)
An approved on-site waste disposal system, designed
to accommodate the single-family residence, has been installed on
the property prior to the placement, erection and/or use of the camping
unit to serve as a means of sanitary waste disposal for the users
of the camping unit.
(5)
The camping activity shall cease upon the completion
of the single-family dwelling unit on the property.
(6)
Renewal permits shall only be issued when substantial
progress toward completion of the single-family dwelling unit is demonstrated
during the previous year.
C.
A contractor's project office shall be permitted subject
to the following:
D.
An on-site real estate sales office shall be permitted
by land use permit subject to the following:
(1)
Structure shall not exceed 5,000 square feet in total
floor area.
(2)
Facility shall be removed or converted to a permitted
land use within 10 days of the completion of sales activity.
(3)
Such sales office that is to be in place for more
than 365 days shall require a conditional use permit.
(4)
Model homes shall be permitted under this subsection.
(5)
No more than one on-premises sign shall be permitted.
Such sign shall not exceed four square feet in sign face area and
shall not be illuminated. No pennants, banners, flags or similar devices
shall be allowed.
E.
Temporary residence during construction of principal
dwelling. An existing dwelling or manufactured home may be used as
a temporary residence during construction of a new dwelling on the
same parcel, subject to the following:
(1)
A land use permit shall be obtained for the temporary
residence.
(2)
The temporary residence, if a manufactured home moved
onto the lot, shall comply with all setback requirements of this chapter.
(3)
Such temporary residence shall be connected to an
approved wastewater disposal system.
(4)
A permit for the temporary residence shall lapse at
such time as the principal dwelling is completed and has been connected
to utilities or 12 months from the date of issuance, whichever is
earlier.
(5)
The temporary residence shall be removed or destroyed
at the time the permit for such temporary residence lapses or converted
to a nonresidential use.
F.
Temporary concrete or asphalt batch plants, subject
to the following:
[Amended 6-24-2003 by Ord. No. 03-11[1]]
(1)
Application. In addition to the application requirements established in § 240-76, the following information shall be submitted with the application:
(a)
Plans for controlling erosion of stockpiled
material used in manufacturing concrete or asphalt.
(b)
Restoration plan for the site which describes
or illustrates measures taken to restore the site to a condition of
practical usefulness and reasonable physical attractiveness. The restoration
plan shall describe methods for establishing vegetative cover on all
exposed soil.
(2)
Conditional use permits granted for temporary concrete
or asphalt batch plants shall be only for the period of the actual
project work.
(3)
Temporary concrete or asphalt batch plants shall be
removed from the premises within 60 days of completion of the project.
[1]
Editor's Note: This ordinance repealed former
Subsection F(1) and renumbered former Subsection F(2)(3) and (4) as
F(1), (2) and (3), respectively.
