CHAPTER 7
SAUK COUNTY ZONING ORDINANCE
7.01 District and District Maps
For the purpose of promoting the public health, safety and general welfare and determining, establishing, regulating and restricting the areas within the County, outside the limits of incorporated cities and villages, within which agriculture, forestry, industry, trades, business, recreation and residential uses may be conducted, to establish districts of such number, shape and area, to adopt such regulations for each such district as the County Board has determined to be necessary in order to carry out the purposes of this ordinance in accordance with the provisions of § 59.97 of the Wisconsin Statutes, the entire area of Sauk County, outside the limits of incorporated cities and villages, included within the following towns: Baraboo, Bear Creek, Dellona, Excelsior, Franklin, Freedom, Greenfield, Honey Creek, Ironton, LaValle, Prairie du Sac, Reedsburg, Spring Green, Sumpter, Troy, Westfield, Winfield and Woodland are hereby divided into eleven (11) use districts, namely:
- Section 7.03 - Single-Family Residential District
- Section 7.04 - Multiple-Family District
- Section 7.05 - Agricultural District
- Section 7.05B - Exclusive Agricultural District
- Section 7.06 - Rural Community District
- Section 7.07 - Wetland District
- Section 7.08 - Recreational-Commercial District
- Section 7.09 - Commercial District
- Section 7.10 - Resource Conservancy District - 35
- Section 7.10A - Resource Conservancy District - 5
- Section 7.11 - Industrial District
The boundaries of these eleven (11) districts are shown upon the map of Sauk County, being designated the "Zoning Map of Sauk County, Wisconsin", and made a part of this ordinance. All notations, references and other information shown upon the said zoning map shall be as much a part of this ordinance as if the matter and things set forth by the said map were fully described herein.
7.02 Definitions
For the purposes of this ordinance, certain terms and words are defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word "building" includes the word "structure" and the word "shall" is mandatory and not permissive.
- ACCESSORY BUILDING. A subordinate building or portion of the main building, the use of which is incidental to the permitted use of the main building.
- AGENCY. The Sauk County Planning, Zoning, and Land Records Committee.
- AGRICULTURAL USE. Beekeeping, commercial feedlots, dairying, egg production, floriculture, fish or fur farming, forest and game management, grazing, livestock raising, orchards, plant greenhouses and nurseries, poultry raising, raising of grain, mint and seed crops, placing land in federal programs in return for payments in kind, owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836, participating in milk production termination program under 7 USC 1446(d), and vegetable raising.
- AGRICULTURAL PRESERVATION PLAN. Plans developed and adopted by Sauk County and certified by the Wisconsin Land and Water Conservation Board as meeting the standards of Wis. Stat. ch. 91, to protect agricultural lands through Farmland Preservation Agreements and Exclusive Agricultural zoning, and to enable farmland owners to be eligible for farmland preservation tax credits.
- AIRPORT, PUBLIC. Any airport which complies with the definition contained in §§ 114.013, 114.135 and 114.136 Stats., or any airport which serves, or offers to serve, any common carriers engaged in air transport.
- ALLEY. A public or private way affording only secondary means of access to the abutting property.
- AUTOMOBILE WRECKING YARD. Any premises on which more than one (1) self-propelled vehicle, not in running or operating condition, is stored in the open.
- BASEMENT. A story partly or wholly underground.
- BED AND BREAKFAST. An establishment or place of lodging that provides eight (8) or fewer rooms for rent to no more than a total of twenty (20) tourists or other transients for more than ten (10) nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.
- BILLBOARD. A large advertising sign without size limitations.
- BLOCK. That property abutting on one (1) side of a street between the two (2) nearest intersecting streets, railroad right-of-way, or natural barriers; provided, however, that where a street curves so that any two (2) chords thereof form an angle of 120 degrees or less, measured on the lot side, such curve shall be considered as an intersecting street.
- BOARDING HOUSE. A building or premises where meals are served and lodging provided by pre-arrangement for definite periods of time for compensation for three (3) or more persons, and not exceeding 20 persons, not open to transients, in contradistinction to hotels and restaurants open to transients.
- BOATHOUSE. Any structure designed for the purpose of protecting or storing boats for noncommercial purposes. Boathouses shall not be used for human habitation.
- BOAT LIVERIES. Establishments offering the rental of boats and repairs and fishing equipment.
- BUILDING. Anything constructed and designed to stand more or less permanently and occupying a space of land. When a building is separated by division walls without openings, from the ground up, each portion of such building shall be deemed a separate building.
- BUILDING, FRONT OF. That side of a building which faces toward the principal road, street, highway or way serving the same.
- BUILDING SITE. The space or area of ground upon which a building is to be erected, which it will exactly cover.
- CAMPGROUND. A parcel or tract of land, maintained, intended or used for the purpose of supplying temporary or overnight living accommodations by providing designated areas for the placement of trailers, tents, buses, automobiles or sleeping bags, and may include buildings to provide services to the patrons such as restrooms, bathing, laundry and commissary facilities.
- CAMPING UNIT. For the purposes of this ordinance a camping unit is a sleeping unit, such as a tent or recreational vehicle or part thereof, which is used to house person(s) on a temporary basis and shall not be considered a structure as defined in this ordinance.
- CHARCOAL DISTILLATION PLANT. A structure in which wood is charred and from which the gases are permitted to escape during the process.
- CLUB. An association of persons for some common purposes, but not including groups organized primarily to render a service which is customarily carried on as a business.
- CLUSTER DEVELOPMENT. A PUD that concentrates buildings or lots on a parcel to allow the remaining lands to be preserved as open space for agricultural, recreational, and environmental resource protection and other open space uses. A Cluster Development is further defined as the creation of not more than three (3) lots in a five (5) year period on a parcel, or as provided in an applicable comprehensive plan(s), or the provisions set forth in the Sauk County Agricultural Preservation Plan, whichever is more restrictive. A Cluster Development is inclusive of a PUD Development Area and a PUD Preservation Area.
- COMPREHENSIVE PLAN. A community plan which has been developed and adopted in accordance with Wis. Stats. § § 59.69 (2) or (3), 60.22 (3), 62.23 (2) or (3) or 66.1001.
- CONDITIONAL USE PERMIT. A permit issued by the Agency pursuant to Section 7.12 that authorizes the establishment of a PUD if the requirements of this Ordinance and Chapter 22, Land Division and Subdivision Regulations Ordinance can be met and shall be revocable if the conditions placed on the use of the land are violated.
- CONSERVATION SUBDIVISION. A PUD housing development in a rural setting that is characterized by compact lots and common open space, and where the natural features of land are maintained to the greatest extent possible. A Conservation Subdivision shall be further defined as the creation of four (4) lots or more in a five (5) year period on a parcel or as further defined in the applicable comprehensive plan(s).
- COTTAGE INDUSTRY. Any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling, by members of the family residing in the dwelling and one (1) additional unrelated person. The cottage industry should be incidental to the residential use of the premises. The production, sale, offering of services, and keeping of stock-in-trade is allowed provided that no article is sold to walk in, retail customers, except that which is produced by the cottage industry on the premises. No activity is allowed that might result in excessive noise, smoke, dust, odors, heat, or glare beyond that which is common to a residential and/or agricultural area. No activity is allowed which involves the use or manufacture of products or operations that are dangerous in terms of risk of fire, explosion, or hazardous emissions.
- DENSITY. A ratio describing the net acreage required to establish a dwelling unit and its accessory buildings on a given parcel of land as permitted by the applicable zoning district in which the parcel lies, as well as the applicable comprehensive plan(s) or provisions set forth in the Sauk County Agricultural Preservation Plan, whichever is more restrictive.
- DENSITY CREDIT. A point system utilized as part of the application of a PUD Cluster Development or Conservation Subdivision derived by assigning a value of one (1) credit to each lot that can be created, as determined by the applicable zoning district's minimum lot size or comprehensive plan(s), whichever is more restrictive, and rounded down to the nearest whole number.
- DENSITY POLICY. A ratio describing the net acreage required to establish a lot or dwelling unit on a given parcel of land as permitted by the applicable zoning district in which the parcel lies as well as the applicable comprehensive plan(s) or provisions set forth in the Sauk County Agricultural Preservation Plan, whichever is more restrictive.
- DEPARTMENT. Sauk County Department of Planning and Zoning.
- DEPENDENCY LIVING ARRANGEMENT. A physical arrangement of a dwelling unit in which separate living spaces are created within a dwelling unit for the sole purpose of allowing a related dependent person to live in the secondary living area while the owner and his or her family resides in the principle living area. The secondary living area may contain a bath and limited kitchen facilities which permit a degree of independence.
- DEPENDENT. As it pertains to dependency living arrangements, an individual who requires assistance in the activities of daily living such as eating, dressing, bathing and ambulation.
- DISTRIBUTOR. A dealer who distributes goods to consumers and/or businesses, but whose place of business is not open to customers for retail or wholesale sales.
- DISTRICT. A section or sections of Sauk County for which the regulations governing the use of land and buildings are uniform.
- DWELLING, SINGLE-FAMILY. A detached building designed for and occupied exclusively by one (1) family.
- DWELLING, MULTIPLE-FAMILY. A building or portion thereof used or intended to be used by two (2) or more families living independently of each other.
- DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
- EXCEPTION. The use of property, including the use and location of buildings, the size of lots and the dimensions of required yards, otherwise not allowable under the terms of this ordinance, which is permissible by reason of special provisions of this ordinance, or for which a special permit may be issued by the Sauk County Board of Adjustment, under conditions specified in this ordinance.
- FAMILY. Any number of individuals related by blood, adoption, or marriage, not to exceed five (5) persons not so related, living together on the premises as a single housekeeping unit, including any domestic servants.
- FARM. A land area devoted to the production of agricultural products, forest products under a forestry plan, game, stock-raising, dairying and crop cultivation which may include vegetables, fruits and grains. Land preserved as open space under an approved conservation plan will be included as part of this definition.
- FARM CONSOLIDATION. An act combining two or more farms to create a smaller number of farms.
- FARM OPERATOR. The owners or other persons engaged in managing a permitted or conditional use on a farm.
- FLOOR AREA. The area within the outer lines of the exterior walls of a building, at the top of the foundations or basement wall; provided that the floor area of a dwelling shall not include space not usable for living quarters, such as attics, utility or unfinished basement rooms, garages, breezeways or unenclosed porches, or terraces.
- FOREST PRODUCTS. Products obtained from stands of forest trees which have been either naturally or artificially established.
- FUR FARMS. Any property comprising land or buildings or both, used for the purpose of raising or harboring fur bearing animals including those defined in Wis. Stat. § 29.01(3)(c) , and also including chinchillas and other fur bearing animals, if any, whether the animals are kept for breeding or slaughtering and pelting purposes.
- GARAGE, PUBLIC. A building or portion thereof used for the housing or care of motor vehicles for the general public where any such vehicles are equipped or repaired for remuneration or kept for hire or sale.
- HIGHWAY. See STREET.
- HIGHWAY, INTERSECTING. A highway of any political jurisdiction which forms one (1) or more legs of an interchange with another highway and to which access is only partially controlled.
- HOME OCCUPATION. A gainful occupation conducted by members of the family only, within its place of residence, provided that the space used is incidental to residential use and that no article is sold or offered for sale except such as produced by such home occupations.
- HOTEL. A building where lodging with or without meals is furnished to transients for compensation and containing more than four (4) sleeping rooms and having no cooking facilities in any individual lodging.
- JUNK. Garbage, waste, refuse, trash, any used motor vehicle upon which no current license plate is displayed, any inoperable motor vehicle, any used tire or used motor vehicle part, any inoperable machinery, and any scrap material, such as metal, paper, rags, cans or bottles. Junk shall not apply to farm machinery owned by the farm operator of an operating farm.
- JUNKYARD. An area where used, secondhand, waste, junk, or scrap materials are bought, sold, handled, stored or disassembled, including, but not limited to, metals, paper, rags, tires, bottles, scrap iron, machines or automobiles. It includes four (4) or more inoperative or unlicensed automobiles, motor vehicles or tractor/trailers, or any inoperable machinery or equipment. A junkyard does not include uses established entirely within enclosed buildings.
- LANDFILL. A solid waste land disposal site or facility, not classified as a landspreading facility or a surface impoundment facility, where solid waste is disposed on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at such intervals as may be necessary.
- LESS RESTRICTED. The use of land or buildings first permitted in a certain district is less restricted than other uses first permitted in districts appearing earlier in the numerical order in which such districts are numbered in this ordinance.
- LODGING HOUSE. All lodging places, tourist cabins, cottages and houses, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients, for less than thirty (30) continuous days. It does not include private boarding or rooming houses, not accommodating tourists or transients, or bed and breakfast establishments.
- LOT. A parcel of land occupied by or designed to provide space necessary for one main building and its accessory buildings or uses that abuts a publicly dedicated street. A lot shall be created by a subdivision plat, or certified survey map, or a parcel described in a conveyance recorded with the Sauk County Register of Deeds, which complies with the minimum size requirements pursuant to the applicable zoning district designation in effect at the time of the land division or recording of the conveyance. No land included in any street, highway, or railroad right-of-way shall be included when computing the area for minimum lot sizes. No street, highway, easement, railroad right-of-way, river, stream or water body shall constitute a break in contiguity.
- LOT OF RECORD. A land area designated in a subdivision plat, plat of survey, or certified survey map, or described in a conveyance recorded in the Sauk County Register of Deeds office which complied with zoning laws in existence when the property was originally divided and/or recorded but which no longer complies with the current minimum land area within the applicable zoning district. Such land area shall be occupied by or designed to provide space necessary for one main building and its accessory buildings or uses.
- LOT, CORNER. A lot located at the intersection of two (2) streets, any two (2) corners of which have an angle of 120 degrees or less, or is bounded by a curved street, any two (2) chords of which, on the inside of the curve, form an angle of 120 degrees or less.
- LOT, INTERIOR. A lot which is not a corner lot.
- LOT WIDTH. For purposes of this ordinance the width of a lot shall be the shortest distance between the side lines at the setback line.
- MOBILE HOME. A detached single-family dwelling transportable on its own chassis in one (1) unit that is designed for permanent residential use, with or without a foundation, when connected to required utilities. This definition by its nature does not include double-wide units which are not transportable on their own chassis.
- MOBILE HOME PARK. An area or premises on which is provided the required space for the accommodation of trailers or mobile homes, together with the necessary accessory buildings, driveways, walks, screening and other required adjuncts.
- MORE RESTRICTED. The use of land or buildings first permitted in a certain district is more restricted than other uses first permitted in districts appearing later in the numerical order in which such districts are numbered in this ordinance.
- MOTEL. A building or group of buildings containing rooms which are offered for compensation for the temporary accommodation of transients, and where there is not permanent occupancy of any unit except by the owner, his agent or his employees.
- NONCONFORMING USE. A building or premises occupied by a use that does not conform with the regulations of the district in which it is situated.
- PARCEL. A contiguous quantity of land in the possession of an owner, single or common interest. No street, highway, easement, railroad right-of-way, river, stream or water body shall constitute a break in contiguity.
- PARK, AMUSEMENT. An area, publicly or privately owned, containing amusement or recreational facilities and devices, whether operated for profit or not.
- PARK, PUBLIC. An area owned by the County or a municipality within the County, operated for the convenience and recreation of the public, and containing such facilities as the owning municipality shall see fit.
- PARKING LOT. A lot where automobiles are parked or stored temporarily, but not including the wrecking of automobiles or other vehicles or storage for the purpose of repair or wrecking.
- PERSON. Except where otherwise indicated by the context, the word "person" shall include the plural, or a company, firm, corporation or partnership.
- PLANNED UNIT DEVELOPMENT (PUD). One or more lots or parcels of land to be developed as a single entity, the plan for which may propose intensity increases, mixing of land uses, open space conservation. or any combination thereof, but which still corresponds to the applicable zoning districts density and use requirements. For the purposes of this ordinance, the terms Planned Unit Development and PUD shall be interchangeable and have the same meaning.
- POND OR LAKE. Any naturally occurring or artificially created structure of 100 square feet or more which impounds surface water all or part of the year.
- PRESERVATION AREA EASEMENT. A legal agreement recorded with the Sauk County Register of Deeds which conveys an interest in real estate imposing limitations and affirmative obligations on the type and amount of development that may take place on a property. For the purposes of this ordinance said easement shall apply to PUD Preservation Areas as part of a PUD.
- PRINCIPAL CONSERVATION AREA. Areas
identified as part of a PUD that contain productive agricultural
or environmentally and culturally sensitve lands that significantly
contribute to the economic and natural resource base of
the rural community. Because of their importance or State
and Federal use restrictions, these areas shall be protected
from residential development and shall include the following:
(a) Economically productive farmland as determined by the 1977 Soil Survey of Sauk County, Wisconsin with a land capability class I that either currently is or could be used for cropland in a contiguous quantity of 5 acres or more, regardless of ownership.
(b) Wetlands identified by the Wisconsin Wetland Inventory Map in accordance with Wis. Stat §23.32 and Section 8.10.
(c) Lakes, rivers, perennial and intermittent rivers or streams as identified on a USGS Map.
(d) Floodplains as identified by referring to the maps and studies identified within Section 9.03(2).
(e) Any historical or archaeological site listed on the Wisconsin Archaeological and Historic Resource Database (WisAHRD) by the Wisconsin Historical Society. - PROFESSIONAL OFFICE. The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician, or other recognized profession.
- PUBLIC HEARING. A public meeting whose time and place is published according to a Class II notice as specified in Wis. Stat. ch. 985. A copy of such notice shall be mailed by certified mail to the clerk of all towns within 1,000 feet of the proposed use, at least ten (10) days prior to the hearing date.
- PUD DEVELOPMENT AREA. Developed lands as part of a PUD identified as the area to be improved so as to accommodate structural development and which includes roads and utilities, public or private, the area and number of lots permitted therein being calculated by the net acreage required for said improved area as expressed by the application of a density policy.
- PUD PRESERVATION AREA. Undeveloped lands as part of a PUD identified as the balance of lands remaining once PUD Development Areas are designated, the area of which is expressly calculated as the difference of lands remaining after the application of a density policy and further, that such lands are placed under a Preservation Area Easement.
- RECREATION CAMP. An area containing one (1) or more permanent buildings designed or intended to be used for the accommodation of members of associations or groups for planned programs of recreational, educational, or cultural activities. Minimum square footage requirements as set forth in Section 7.13(3)(d) shall not be applied to each structure individually, rather a cumulative building total for the recreation camp of 1,250 square feet shall be required.
- RECREATIONAL VEHICLE means
any of the following:
- Travel trailer means a vehicular, portable structure built on a chassis and on wheels; that is between ten (10) and 36 feet long, including the hitch and eight (8) feet or less in width; designated to be used as a temporary dwelling for travel, recreational, vacation or other uses and towed by a motor vehicle. It includes so-called fifth-wheel units.
- Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.
- Motor home means a portable, temporary dwelling to be used for travel, recreation, vacation, or other uses, constructed as a integral part of a self-propelled vehicle.
- Camping trailer means a canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.
- RENDERING PLANT. A plant for reduction of dead animals, or slaughtered animals not suitable for human consumption, to by-products such as hide, skin, grease, bones, glue and soap, and for the storage of such by products.
- RESORT. An establishment of a building or group of buildings where living accommodations are furnished to the public for recreational or education purposes. Minimum square footage requirements as set forth in Section 7.13(3)(d) shall not be applied to each structure individually, rather a cumulative building total for the resort of 1,250 square feet shall be required.
- RIDING STABLE. A building or premises used for the rent or lease of horses or animals for riding.
- ROADSIDE STAND. A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises (or adjoining premises). There shall not be more than one (1) such roadside stand on any single premises.
- ROOMING HOUSE. Same as LODGING HOUSE.
- SECONDARY CONSERVATION AREA. Areas
identified as part of a PUD that contain productive agriculture
or environmentally and culturally sensitive lands that
significantly contribute to the economic and natural resource
base of the rural community. Because of their importance,
these areas shall be substantially protected from residential
development, and shall include the following:
(a) Economically productive farmland as determined by the 1977 Sauk County Soil Survey with land capability classes II and III that either currently is or could be used for cropland in a contiguous quantity of 5 acres or more, regardless of ownership.
(b) Steep slopes in excess of 20 percent.
(c) Large contiguous blocks of forestry in excess of 40 acres.
(d) Other natural or cultural elements of the site identified for preservation or protection by the Sauk County Agricultural Preservation Plan, the Wisconsin Department of Natural Resources Natural Heritage Inventory and applicable comprehensive plan(s). - SERVICE STATION. Any building, structure or premises or other place used for the dispensing, sale or offering for sale of any motor fuel or oils having pumps and storage tanks; also where battery, tire and similar services are rendered, including buildings or premises where such business is incidental to the conduct of a public garage used for the repair or storage of motor vehicles.
- SETBACK. The minimum horizontal distance from the front line of the lot or from the center line of the highway to the nearest building, exclusive of permitted projects, measured at right angles to the highway or the front lot line.
- SETBACK LINES. Lines established adjacent to highways for the purpose of defining limits within which no building or structure or any part thereof shall be erected or permanently maintained, except as shown herein. "Within a setback line" means between the setback line and the highway right-of-way.
- SHOOTING RANGE. A facility that engages in the activity of shooting (rifle, pistol, black powder, and where solid projectile ammunition is used), whether on private or public land. At established shooting ranges, shooting is to be the major purpose on the delineated area on a year round basis.
- SIGN. Anything erected, hung, suspended, painted or attached to any other structure, carrying words, letters, figures, phrases, sentences, names, designs, trade names or trade marks or any other device placed so as to be visible from a street or highway and calling attention to a business, trade, profession, commodity, product, person, firm or corporation.
- SIGN, DIRECTORY. A sign displaying the name of a person, commodity, home, farm, area or locality of interest, business or a kind of business or service conducted at a specific location, but not any general brands, products or services whether related or unrelated to such specific location. Such a sign may also display necessary brief directions, including the distance to the location to which it refers.
- SILAGE STORAGE UNITS. Any premises where vegetative materials not produced on-site are stored and where these materials are intended for sale. This includes, but is not limited to, food processing plant by-products.
- SLAUGHTERING HOUSE. Any building or premises used for the killing or dressing of cattle, sheep, swine, goats, horses or poultry, and the storage, freezing and curing of meat and preparation of meat products.
- SPECIAL EXCEPTION PERMIT. A permit issued by the board of Adjustment pursuant to the provisions and authorities provided in Section 7.17.
- STORY. The vertical distance between the surface of any floor and the floor next above it, or if there be no floor above it, the space between such floor and the ceiling next above it.
- STORY, HALF. A story under any roof except a flat roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story.
- STREET. A public or private thoroughfare which affords a primary means of access to abutting property. A driveway to a farm building shall not be considered a street for the purpose of determining setback, even though such driveway may have been designated a town road for the purpose of maintenance.
- STREET LINE. The dividing line between a street and the abutting lot.
- STRUCTURAL ALTERATIONS. Any change in the supporting members of a structure such as bearing walls, columns, beams or girders, footings and piles.
- STRUCTURE. Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attachment of something having a permanent location on the ground. This includes the mounding or excavating of earth.
- SUSTAINED YIELD FORESTRY. The management of forest lands to provide annual or periodic crops of forest products.
- TEMPORARY STRUCTURE. A movable structure not designed for human occupancy which may be used for the protection of goods or chattels.
- TENT. A portable lodge of canvas, strong cloth, or synthetic material stretched and sustained by poles, or any similar portable lodge designed for transient recreational use.
- TOURIST COURT. See MOTEL.
- TOURIST OR TRANSIENT. Any person who travels to a location away from his or her permanent residence for a short period of time for vacation, pleasure, recreation, culture, business or employment.
- TRAILER. See MOBILE HOME.
- TRUCK TERMINAL. Buildings or land which are used for the storage or distribution of freight or goods by a common carrier.
- USE CONSISTENT WITH AGRICULTURAL USE. An activity that meets all of the following conditions: (a) The activity will not convert land that has been devoted primarily to agricultural use, (b) The activity will not limit the surrounding land's potential for agricultural use, (c) The activity will not conflict with agricultural operations on the land subject to a farmland preservation agreement, and (d) The activity will not conflict with agricultural operations on other properties.
- VARIANCE. A departure from the terms of this ordinance as applied to a specific building, structure or parcel of land, which the Sauk County Board of Adjustment may permit, contrary to the regulations of this ordinance for the district in which such building structure or parcel of land is located, when the board finds that literal application of such regulation will effect a limitation on the use of the property which does not generally apply to other properties in the same district, and for which there is no compensating gain to the public health, safety or welfare.
- VISION CLEARANCE. An unoccupied triangular space at the intersection of highways or streets with other highways, streets or roads, or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street, road or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from their intersection as specified in this ordinance.
- WATER LINE. The shortest straight line that lies wholly within a lake or stream lot, provided that not less than 75 percent (75%) of the total length of such line shall be on, or on the landward side of, the ordinary high water mark of such lake or stream.
- YARD. An open space on a lot, on which a building is situated, unoccupied except as otherwise provided in this ordinance, open and unobstructed from the ground to the sky by structures.
- YARD, FRONT. A yard extending across the full width of the lot and measured between the front line of the lot and the front line of the building.
- YARD, SIDE. A yard on each side of the main building extending from the side wall of the building to the side lot line, and from the front yard to the rear yard. When an accessory building is constructed as part of the main building or constructed on one (1) side of the main building the side yard requirements shall be the same for the accessory building as required for the main building.
- ZONING ADMINISTRATOR. A public official charged with the administration, enforcement and interpretation of the Sauk County Zoning Ordinance. For the purposes of this ordinance, the terms Zoning Administrator and Building Inspector shall be interchangeable and have the same meaning.
7.03 Single-Family Residential District.
- Purpose. To identify nonfarm residential areas that have occurred or will occur in accordance with the general plan, the general plan component or town policy. To be applied only to two (2) or more lots. To protect residential neighborhoods by prohibiting uses which will not mix well with the homes.
- Use. In the Single-Family Residential District no building
or premises shall be used and no building shall hereafter
be erected, moved or structurally altered, unless otherwise
provided in this ordinance except for one (1) or more of
the following specified uses.
- Single-family dwellings.
- Churches, public and parochial schools.
- Municipal buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance machinery.
- Public parks and playgrounds, including swimming
pools, golf courses, tennis courts, picnic grounds
and bathing beaches. It is considered desirable that
each such park or playground established by public
authorities not subject to these requirements comply
as far as possible with the yard and parking requirements
established below for recreation camps. The following
standards are suggested:
- No yard shall be less than 25 feet wide; except that no such yard need be provided adjacent to the fairways and greens of golf courses.
- Each such yard shall be increased as required
by the following factors:
- For swimming pools larger than 40x60 feet, one (1) foot of additional yard for each additional two (2) feet of width or length of the pool, in the direction of such additional width or length.
- For bathing beaches more than 100 feet long, one (1) foot of additional side yard for each additional ten (10) feet of beach which lies between the inside lines of the side yards as herein proposed.
- For picnic grounds having seating arrangements for more than 40 persons, ten (10) feet of additional width on every yard for each additional ten (10) persons or fraction thereof which such picnic ground is designed or equipped to accommodate.
- Any such yard which abuts on a public street or highway may be reduced by one-half (½) the width of such street or highway but in no case to less than 15 feet.
- Each such yard shall be left in its natural condition, and the natural vegetation of the area, including grasses, flowers, shrubs and trees, except noxious plants, trees and weeds, shall be allowed to grow and develop or other vegetation of equivalent density shall be planted therein, so as to provide a natural screen between the park or playground and neighboring residential areas and so that such yards shall be, so far as possible, unused and unusable for the general purposes of such parks and playgrounds.
- Off-street parking shall be provided, on the premises of each park or playground but not in any yard established under the above suggested regulations, equal to not less than one (1) parking space for each four (4) persons which the park or playground is designed or intended to accommodate.
- The above regulations shall be mandatory as applied to any park or playground established by any agency of Sauk County.
- Two-family dwellings when the location of each shall have been approved in writing by the Sauk County Board of Adjustment after a public hearing.
- Accessory buildings, including private garages and buildings clearly incidental to the residential use of the property, provided, however, that no accessory building may be used as a separate dwelling unit.
- Single mobile homes and mobile home subdivisions when the location of each shall have been approved in writing by the Sauk County Board of Adjustment after a public hearing.
- Power distribution poles and lines and necessary appurtenant equipment and structures, such as transformers, unit substations and equipment housings.
- Home occupations, when such occupation is incidental to the residential use of the premises and does not involve any external alterations that would effect a sub-building; provided further that no article is sold or offered for sale that is not produced by such home occupation, that no stock in trade is kept or sold and that no person other than a member of the resident family is employed on the premises. No material, produce or vehicle to be serviced by the home occupation may be stored or displayed outdoors.
- Professional offices, when such office is conducted solely by a member or members of the resident family, entirely within the residence and incidental to the residential use of the premises; provided further that there shall be no external alterations that would effect a substantial change in the residential character of the building, that not more than 50 percent (50%) of only one (1) floor of the dwelling shall be devoted to such offices and that no more than one (1) person not a member of the resident family may be employed in nonprofessional capacities in any such office.
- Railroad passenger stations and railroad right-of-way but not including switching or classification yards.
- Signs as follows:
- Not more than two (2) directory signs, which must be placed in relation to the right-of-way line as shown in Section 7.13(1)(j).
- To advertise a customary home occupation or professional office, provided that such sign shall be attached to the building, shall not exceed six (6) square feet in gross area, and shall be illuminated only if the source of illumination is placed between the sign and the building.
- To advertise the sale, rent, lease or trade of the property on which the sign is placed; provided that such sign shall not exceed six (6) square feet in gross area, except in subdivisions or unplatted lands newly opened for sale where the density of construction does not exceed 100 square feet in gross area, which sign must be placed in relation to the right-of-way line as shown in Section 7.13(1)(j).
- To advertise that the site on which the sign is placed is the location of a future church, school, library, or club which must be placed at least 50 feet outside the right-of-way line of the highway and shall not exceed 20 square feet in area.
- Tablet, inscription, emblem or bulletin board for churches, schools, clubs, hospitals, religious or charitable institutions, not over 20 square feet in area, which must be placed at least five (5) feet outside the right-of-way line of the highway.
- Parking of a mobile home or house trailer may be allowed on a temporary basis for periods not to exceed one (1) year upon a permit issued by the town building inspector. The temporary parking permit can be renewed at the option of the town building inspector and town board. (It is intended that this provision be used in cases where a new home is under construction and temporary mobile home or house trailer parking is desirable.)
- Special exceptions. The Sauk County Board of Adjustment,
after investigation and public hearing, may authorize
the location of any of the following uses in this
district, provided that the location is consistent
with the intent of this ordinance and does not significantly
injure the public health, safety or welfare. The
approved use shall comply with all other regulations
for this district and any reasonable conditions or
safeguards that the Board may impose, that are in
keeping with the general intent and purpose of this
ordinance.
- Lodging houses and bed and breakfast establishments.
Lodging houses and bed and breakfast establishments
wherein the following conditions are met.
- A septic verification and/or a sanitary permit shall be required from Sauk County for any building that results in any change in use of the structure from the original use that results in an increased volume of wastewater above that for which the system was originally designed. Where cases of doubt exist as to the need of a sanitary permit, Sauk County shall be contacted before the change in use is made and the Zoning Administrator shall determine the need for a sanitary permit.
- Property meets all applicable State of Wisconsin regulations and all applicable licenses have been issued to said property, prior to application for said special exception permit.
- The permit would be issued to the owner(s) of the residence and would not be transferable.
- An annual inspection fee shall be established by the Agency and be payable to Sauk County by June 1st of each year.
- Signs advertising this special exception use may be permitted on the property.
- Off-street parking shall be provided at a rate of one (1) space per bedroom, and shall meet all applicable local township and County standards.
- This section may be enforced pursuant to this Chapter and/or the Sauk County Uniform Citation Ordinance. Each day that such violation continues shall constitute a separate offense
- Lodging houses and bed and breakfast establishments.
Lodging houses and bed and breakfast establishments
wherein the following conditions are met.
- The following uses shall be allowed only after
the issuance of a Conditional Use Permit by the Agency;
pursuant to Section 7.12(7) of this ordinance and
are found to be necessary in light of the alternative
locations available for such uses.
- A Conservation Subdivision in accordance with the provisions of Section 7.12 when the Agency approves a Conditional Use Permit in writing.
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building shall exceed a height of 35 feet. See Section 7.13(4).
- Floor area. Floor area shall be the same as that required in Section 7.13(3)(d).
- Lot area and width. Lots, if provided with public
sewer, shall have a minimum area of 8,000 square
feet with a minimum width of 80 feet except those
in the shoreland, which shall have a minimum of 10,000
square feet and minimum width of 100 feet. Lots not
provided with public sewer shall have a minimum lot
area and minimum width in accordance with the following
provisions:
PERCOLATION RATE AREA MINIMUM WIDTH PERCOLATION RATE AREA MINIMUM WIDTH 0-15 20,000 square ft. 100 15-30 35,000 square ft. 125 30-45 1 acre 150 45-60 1.25 acre 150 - Side yards. There shall be a side yard on each
side of a building.
- For single-family dwellings the aggregate width of the side yards shall be not less than 25 feet and no single side yard shall be less than ten (10) feet wide.
- For lots less than 75 feet wide the aggregate width of the side yards shall be the equivalent of four (4) inches for each foot of lot width and no single side yard shall be less than 40 percent of the aggregate width; provided, further, that the build able width of no lot shall be reduced to less than 24 feet.
- Rear yard. There shall be a rear yard of not less than 25 feet in depth.
- Highway setback lines. See Section 7.18, Highway Setback Lines.
- Off-street parking. See Section 7.13(6).
- Detached accessory buildings, including garages
and buildings clearly incidental to the residential
use of the property, but does not include boat houses
or boat lifts as defined in Chapter 8, Shoreland
Protection Ordinance. Detached accessory structures
in the Single-Family Residential District shall comply
with all building setback requirements and be limited
to one (1) main accessory structure and one (1) secondary
accessory structure per lot. The dimensional standards
for accessory structures shall be as follows:
- Height. No accessory structure shall exceed a height of 20 feet.
- Floor Area.
- The main detached accessory structure
floor area shall be based upon lot size.
Lot Size Maximum Floor Space Lot Size Maximum Floor Space 0-19,999 square feet 600 square feet 20,000-43,559 square feet 900 square feet 43,560+ square feet 1,200 square feet - The secondary detached accessory structure shall have a maximum of 120 square feet of floor area.
- The main detached accessory structure
floor area shall be based upon lot size.
- Any detached accessory structure exceeding
the maximum allowable square foot floor area
and/or maximum allowable height shall require
approval as a variance by the Sauk County Board
of Adjustment. The Sauk County Board of Adjustment,
after investigation, viewing of the proposed
sites and public hearing, may grant a variance.
Any variance granted shall be based on such
evidence as may be presented at the public
hearing in consideration of the following factors:
- The architectural compatibility of the structure with the surrounding residential area.
- That the proposed use of such a structure is consistent with the purpose and intent of this district.
- Potential for conflict with adjacent residential uses.
- Need of the proposed structure for a location in a residential area.
- Any other factors deemed pertinent.
- Standards for the granting of special exceptions permits.
Special exception permits shall be granted only when the
location of each such use shall have been approved in writing
by the Sauk County Board of Adjustment, after a public
hearing. Any permits issued shall be consistent with the
general purpose and intent of this district and ordinance
and shall be based on such evidence as may be presented
at the public hearing and consideration of the following
factors in making its decision.
- That the establishment, maintenance or operation of the special exception use shall not endanger the public health, safety or general welfare.
- That the establishment, maintenance or operation of the special exception use will not substantially affect the existing use of adjacent properties.
- That adequate utilities, septic system, roads and parking are provided.
- That the special exception use shall conform to all governmental regulations pertaining to the activity itself.
- That the special exception use will not be an unreasonable burden to local government.
- That the land and buildings are suitable for the special exception use.
7.04 Multiple-Family District.
- Purpose. The Multiple-Family District is created to establish and protect the essential characteristics of areas within which mixtures of housing densities should occur along with certain supporting community and recreational uses to serve residents of the district.
- Use. In the Multiple-Family District no building or
premises shall be used and no building shall hereafter
be erected, moved or structurally altered, unless otherwise
provided in this ordinance, except for one (1) or more
of the following specified uses.
- Any use permitted in the Single- Family Residential District.
- Multiple-family dwellings where such building contains no more than four (4) dwelling units.
- Lodging houses, boarding houses and bed and breakfast establishments.
- Private clubs and fraternities, except those whose principal activity is a service customarily carried on as a business.
- Two-family dwellings.
- Multiple-family dwellings where such building contains five or more dwelling units shall require approval as a special exception use by the Sauk County Board of Adjustment.
- Mobile home parks, when the location of each such
park shall have been approved in writing by the Sauk
County Board of Adjustment, after public hearing.
In approving such location, the Board shall view
the proposed site or sites and shall consider such
evidence as may be presented at the hearing, bearing
upon the general purpose and intent of this ordinance
to promote the public health, safety and general
welfare and the specific purpose of this paragraph
to prevent the overcrowding of land and the development
of housing blight in rural areas. In addition, such
mobile home parks shall meet the following requirements:
- There shall be one (1) parking space for each trailer in such parks, and such parking space shall be graveled or paved with concrete or bituminous material or the mobile home placed on a foundation. The space shall be provided with six (6) tie-down anchors.
- There shall be additional parking spaces for automotive vehicles within such park, surfaced as required above, equal to not less than two (2) parking spaces for each trailer space.
- Each trailer 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; each automobile parking space shall be not less than nine (9) feet wide and 160 square feet in area, exclusive of maneuvering and access space.
- There shall be a system of driveways, surfaced as required by 1. 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.
- Each trailer space shall be separated from all other trailer 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 15 feet wide, except that there need not be more than a five (5) foot setback from an access driveway; provided, however, that such five (5) foot setback shall apply to the longest trailer to be accommodated within such park.
- 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 25 feet wide. Within such
yard there shall be established within six
(6) months after issue of the permit for the
location of such park, the following plantings:
- A temporary planting of fast growing material, capable of reaching a height of 15 feet or more, such as Lombardy Poplar, and
- A permanent evergreen planting, such as White or Norway Pine, the individual trees to be of such a number and so arranged that within ten (10) years they will have formed a screen equivalent in opacity to a solid fence or wall. Such permanent planting shall be grown or maintained to a height of not less than 15 feet.
- It shall be a condition of the granting
of a permit for the establishment of any such
mobile home park, and a continuing condition
for the operation of the same, that:
- All parking spaces, walks and driveways be constructed and maintained so as to prevent the accumulation of surface water and the formation of substantial muddy areas.
- That the planting screen required by subsection 6. be established and maintained.
- That sanitary facilities at least equal to the requirements of the State Board of Health be established and maintained.
- Each mobile home space shall have a minimum size of 5,000 square feet with a minimum width of 50 feet.
- There shall be a weekly solid waste disposal collection service for each space.
- Each mobile home park shall set aside at least five percent (5%) of the total area for a recreation area. This shall be in addition to yard open spaces. The area shall be provided with play equipment, furnished and maintained by the park owner.
- Mobile homes sales office or other business or commercial uses, with the exception of a central laundry building, shall be prohibited from locating in the park.
- All mobile homes shall meet the construction standards of the Mobile Home Manufacturers Association and all federal, state and local codes.
- No mobile home park operator may require that only mobile homes purchased from him be placed in the park, or sold to him when the mobile home owner moves out of the park.
- Each mobile home park shall have a minimum area of five (5) acres.
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building shall exceed a height of 35 feet. See Section 7.13(4).
- Lot area and floor area. The lot area, lot width
and floor area requirements for single and two-family
dwellings hereafter erected, moved or structurally
altered in the Multiple-Family District shall be
the same as those required under Section 7.03.
Multiple-family dwellings shall provide lot area and floor area as required by the following tables:
Those buildings served by public sewer: NUMBER OF UNITS LOT AREA FLOOR AREA NUMBER OF UNITS LOT AREA FLOOR AREA 3 13,000 sq. ft. 1,500 sq. ft. 4 15,000 sq. ft. 1,900 sq. ft. 5 17,000 sq. ft. 2,300 sq. ft. Each addition 17,000 sq. ft. 2,300 sq. ft. Over 5 plus 1,000 sq. ft. for each additional unit plus 400 sq. ft. for each additional unit Those buildings served by private sanitary sewerage facilities: NUMBER OF UNITS LOT AREA LOT WIDTH FLOOR AREA NUMBER OF UNITS LOT AREA LOT WIDTH FLOOR AREA 3 25,000 sq. ft. 120 ft. 1,500 sq. ft. 4 30,000 sq. ft. 120 ft. 1,900 sq. ft. 5 35,000 sq. ft. 135 ft. 2,300 sq. ft. 6 40,000 sq. ft. 135 ft. 2,700 sq. ft. Each addition 40,000 sq. ft. 150 ft. 2,700 sq. ft. Over 6 plus 5,000 sq. ft. for each additional unit plus 400 sq. ft. for each additional unit - Side yards. The side yard requirements are the same as those required under Section 7.03.
- Rear yard. The rear yard requirement for the Multiple-Family District shall be the same as that required under Section 7.03.
- Highway setback lines. See Section 7.18.
- Off-street parking. See Section 7.13(6).
- The provisions of Section 7.13(1)(d) shall not apply to this Section, 7.04 Multiple-Family District.
7.05 Agricultural District.
- Purpose. To identify and protect agricultural areas. To provide for wise use of the County's resources. To provide for farm dwellings and agricultural activities. To be in accord with Wis. Stat. ch. 92 related to soil and water conservation. To the fullest extent allowed under Wisconsin law, the provisions of this district shall be applied in a manner which will be coordinated with and supportive of the policies of each town board on nonfarm, residential development on agricultural land.
- Use. In the Agricultural District, no building or premise
shall be used and no building shall hereafter be erected,
moved or structurally altered, unless otherwise provided
for in this ordinance, except for one (1) or more of the
following uses.
- Any use permitted in the Single Family Residential District, farm dwellings and nonfarm dwellings not located in a subdivision, as defined by Sauk County ordinance.
- General farming, including dairying, livestock and poultry raising, fur farms, nurseries, greenhouses and other similar enterprises or uses, except farms operated for the disposal or reduction of garbage, sewage, rubbish or offal; provided that no building for the housing of livestock or poultry shall be located within 300 feet of any boundary of a residential or commercial lot other than that of the owner or lessee of such building containing such livestock or poultry.
- Power plants, flowage areas, dams, except that no damming, diking or relocation of any other course that will affect the existing flood areas of that water course shall be allowed, without the approval of the County building inspector.
- Power transmission and distribution towers, poles and lines, including transformers, substations, relay stations, equipment housings and other similar necessary appurtenant facilities.
- Roadside stands.
- Section 7.05(2)(f) repealed by Ordinance 68-96, effective April 16, 1996.
- Mobile homes for farm help on operating farms
over 35 acres with a full complement of farm buildings
provided that:
- There shall not be more than two (2) mobile homes on a farm.
- Evidence must be submitted to the Department demonstrating that at least fifty-one percent (51%) of the gross family income is from the farm.
- The mobile home shall be fully skirted.
- Signs as follows:
- Signs used exclusively to advertise sale of agricultural products on the premises; signs giving the name of the farm or the farm owner; rural directory signs when all such signs are established in accordance with the provisions of Section 7.13(1)(j).
- Directory signs to cities and villages, when such signs are established in accordance with the provisions of Section 7.13(1)(j)
- Camping, subject to the regulations identified in subsection 7.13(7).
- Limited, short term nonmetallic extraction may be permitted by the Department after an operational plan, reclamation plan and ownership/management data has been submitted and approved in writing by the Department as specified in Sections 7.05(2)(l)19a, b, and c. Limited short term mineral extraction shall be considered as those operations which will not involve any blasting for aggregate removal and will be commenced and completed within twelve (12) months from the date of permit issuance, and will be limited to not more than five (5) acres in an area. Upon completion of the project, the contractor and/or subcontractor shall within a 60 day period or at a time deemed appropriate by the Department complete and comply with the reclamation plan as submitted. The Department shall notify the local municipality(ies) in which the activity is proposed as well as adjoining landowners when a permit application for a short term mineral extraction activity is proposed. Prior to the issuance of a mineral extraction permit a performance bond shall be provided for each site in the amount of three thousand dollars ($3,000.00) minimum, or one thousand five hundred dollars ($1,500.00) per acre, whichever is greater or substitute guarantee in the form of pledged collateral.
- Cottage industries and any uses permitted in Section 7.03(2)(i) and (j), when such occupation is incidental to the residential use of the premises; for the production, sale, offering of services, and keeping of stock-in-trade provided that no article is sold to walk in, retail customers, except that which is produced by such cottage industry and that no more than one (1) person other than a member of the resident family is employed on the premises. No material product or vehicle to be serviced by the cottage industry may be stored or displayed outdoors. No activity is allowed that might result in excessive noise, smoke, dust, odors, heat or glare beyond that which is common to a residential and/or agricultural area. No activity is allowed which involves the use or manufacture of products or operations that are dangerous in terms of risk of fire, explosion, or hazardous emissions.
- The following uses, when the location of each
such use shall have been approved as a special exception
in writing by the Sauk County Board of Adjustment,
after public hearing, and after a review of the proposed
site or sites. Such approval shall be consistent
with the general purpose and intent of this ordinance
and shall be based upon such evidence as may be presented
at such public hearing, tending to show the desirability
of specific proposed locations for a specific proposed
use from the standpoint of the public interest because
of such factors as (without limitation because of
enumeration) smoke, dust, noxious or toxic gases
and odors, noise, vibration, operation of heavy machinery,
heavy vehicular traffic and increased traffic on
the public streets; such uses shall also be required
to meet the specific conditions attached below:
- Aircraft landing fields, bases and hangars.
- Contractors' storage yards, when any such yard shall be so placed, or so screened by a planting equal to that required for mobile home parks in Section 7.04, as not to be visible from any public highway or any residential building other than that of the owner of such yard, his agent or employee.
- Drive-in theaters, subject to the following
conditions:
- That there be no direct entrance to or exit from such drive-in theater on any federal, state or County highway.
- That no parking be permitted on any street or highway on which a drive-in theater abuts or on any street or highway connecting with such abutting street or highway anywhere within one-half (½) mile of an entrance to or exit from such drive-in theater.
- That there be a distance of not less than 1/4 mile between the boundary of any residential district and the nearest point on the boundary of such drive-in theater site, measured in a straight line.
- Pea viners and charcoal kilns, when located not less than 1,000 feet from any residential building other than that of the owner of the premises, his agent or employee, and not less than 1,000 feet from the right-of-way line of any federal, state or County trunk highway; provided that this regulation shall not apply to portable pea viners where there is no stacking of the vines.
- Kennels, when located not less than 1,000 feet from any residential building other than that of the owner of such kennels, his agent or employee.
- Medical, correctional or charitable institutions when any building devoted wholly or partly to such uses or accessory thereto shall be a distance not less than 1,000 feet from any residential building not on the same premises.
- Migrant labor camps which meet the standards of local and state codes for housing and sanitation; provided that there shall be a woven wire fence located at the right-of-way line of the adjacent highway and not less than four (4) feet high, extending across the whole frontage of each such camp that is occupied by buildings; provided further that there shall be only one (1) access to the adjacent highway for each such camp, that there shall be a vision clearance triangle in each quadrant of the intersection of such access road and such highway, bounded by the center lines of the access road and highway and a vision clearance setback line connecting a point located on the center line of the access road at intersection with the highway setback line established in Section 7.18 and a point on the center line of the highway not less than 300 feet from its intersection with the center line of the access road.
- Mobile home parks under the provisions established for mobile home parks in Section 7.04.
- Saw mills, when located on the same premises for more than ten (10) days.
- Public and private landfill sites, when the area of each such landfill site shall be clearly defined at the time of issuing the permit for its location; provided that notice and an opportunity to be heard is afforded to the local town board so that a determination can be made as to compatibility with surrounding land uses and consistency with town policies; provided further that all such landfill sites or facilities shall be in substantial conformance with the Sauk County Solid Waste Management Plan. The boundaries of any public or private landfill site may be changed from time to time but only by the same method by which it was originally established.
- Shooting ranges for rifle, pistol, black
powder and where other solid projectile ammunition
is used, provided as follows:
- All premises used for shooting ranges shall be completely fenced with a two strand barbed wire fence, or other fence as approved by the Board of Adjustment, except for one (1) point of entrance not more than 12 feet wide. Each such range shall be posted with warning signs, not more than 100 feet apart and fastened at the level of the top of such fence, but not more than six (6) feet above the ground. Such warning sign shall be not less than two (2) square feet in area and shall contain the words, "Danger Shooting Range" in red on a white background. The letters of such words to be not less than four (4) inches high and maintained in legible condition at all times.
- Shooting stands are required for targets at a distance of 100 yards or greater. Shooting stands on any shooting range shall be located not less that 750 feet from any residential building other than that of the owner of the premises, his agent or employee, and not less than 100 feet from any property line of such premises other than that line or those lines directly opposite to the direction of normal shooting.
- The necessity and placement of any screening shall be determined by the Board of Adjustment. If deemed necessary, a combination of screening materials may be utilized. The screening for each rifle or pistol range, and on any other range where solid projectile ammunition is used, should be a planting screen, equivalent to that required for mobile home parks, in Section 7.04(2)(g)6-b., within the fence required above. Such planting screen shall extend at least from a point in line with the shooting stands to a point in line with the base of the barrier required by (d) below. If such barrier does not extend across the full width of the premises, the planting screen shall be extended, parallel to the base of the barrier, until a point is reached at which the height of the barrier and the ultimate required height of the planting screen are equal.
- Ranges where solid projectile ammunition is used shall be so arranged as to provide a sod-faced barrier of earth or sand, impenetrable by any projectile to be fired on such ranges. For those shooting ranges where all targets are 100 yards or less in distance, such barrier shall be not less than 20 feet in height, measured from the base of the targets, and shall be not less than 50 feet in width. For those shooting ranges where targets are 100 yards or greater in distance, such barrier shall be not less than 30 feet in height, measured from the base of the targets, and shall not be less than 100 feet in width. If an eyebrow ricochet catcher is utilized, the aforementioned height and width standards may be decreased by 10 percent. The target area shall be centered on the barrier and the center of the targets will be placed no greater than three feet from ground level.
- Every permit issued by the Sauk County
Board of Adjustment for a shooting range
shall be a conditional permit. The following
conditions shall be met, in addition
to any other conditions imposed by the
Board of Adjustment:
- Required fences shall meet legal standards at all times.
- Required signs shall comply with all regulations of this paragraph and shall be clearly legible at all times.
- If required, plantings shall be established, grown and maintained as specified in this paragraph.
- Required barriers shall be maintained as specified in this paragraph.
- Shooting and the handling of
firearms on the premises shall
be conducted in a safe and orderly
manner, so as not to constitute
an undue hazard to persons either
on or off the premises. All shooting
will be in compliance with Wisconsin
State Statutes, relating to the
discharge of firearms with 100
yards of a dwelling.
If, upon inspection, the Department determines that any of the above requirements are not being met at any time, they shall give notice to the owner or operator of the premises of a temporary suspension of operations for not more than 14 days, specifying in writing the grounds for such suspension. If such grounds for suspension have not been removed at the end of such period of 14 days or less, the Department may give notice of an indefinite suspension, and thereafter operations shall not be resumed except if authorized by a permit from the Sauk County Board of Adjustment, to be secured as if for a new operation.
- Ranges for skeet and trap shooting shall be restricted to the use of shot ammunition, unless such skeet and trap range is provided with screening and a barrier as required for ranges where solid projective ammunition is used.
- All existing shooting ranges which meet the requirements of this ordinance and continue to meet all aforementioned conditions and standards on the date of passage and thereafter shall not be required to obtain a new permit from the Board of Adjustment. All existing shooting ranges which do not comply with the requirements of this ordinance upon passage will have three years from passage date to bring the shooting ranges into compliance. Failure to bring the range into compliance shall result in the lapsing or revocation of any existing conditional permit for such range. Thereafter, the range may only be reopened upon obtaining a new permit from the Board of Adjustment.
- Slaughterhouses, when located not less than 1,000 feet from any residential building other than that of the owner of the premises, his agent or employee.
- A pond or lake within 110 feet of a road or property line.
- Single mobile homes when the location of each shall have been approved in writing by the Sauk County Board of Adjustment after a public hearing.
- Two-family dwellings when the location of each shall have been approved in writing by the Sauk County Board of Adjustment after a public hearing.
- The parking or storage of mobile homes, trailers, campers, or boats not for sale or rent; and not inhabited on the site may be permitted if approved in writing by the Sauk County Board of Adjustment after a public hearing. The site shall be fenced and at least two (2) night lights provided.
- lcohol fuel plants that utilize local agricultural products as a major source of raw materials in the fuel production process.
- Silage storage units that utilize vegetative materials not produced on-site and intended for sale.
- Mineral extraction activities that include
the commercial excavation, mining, or removal
of nonmetallic minerals, clay, ceramic or refractory
minerals, quarrying of sand, gravel, crushed
or broken stone, but not the removal of top
soil, when such activities are undertaken or
proposed to be undertaken as a distinct land
use. The application for a special exception
permit shall be accompanied by the following
information:
- Ownership and management data. Information on location of the proposed site of the operations, ownership of the land, leasehold, license and other property interests, and accurate information on the identity of all individuals, partnerships, associations or corporations which are involved in control of the proposed operation. The purpose of this requirement is to allow the Sauk County Board of Adjustment to determine accountability for all conditions that it decides to impose upon the activity and the information shall be sufficiently detailed and complete to accomplish this purpose.
- Operations plan data. Full and complete
information on the precise nature of
mineral extraction or processing activity
that is proposed to be undertaken. Such
data shall specifically respond to the
factors and standards for decisions by
the Sauk County Board of Adjustment on
special exception applications for mineral
extraction activities. The operations
plan shall address the following factors:
- A timetable for the commencement and cessation of mining operations and if seasonal operations are intended, the months of operation shall be identified.
- Estimated quantity in tons per year to be extracted shall be specified by phase.
- The anticipated number of years of operation.
- Proposed location, acreage and depth of intended operation.
- Proposed location of mineral extraction site, waste dumps, tailing ponds, sediment basins, stockpiles, structures, roads, railroad lines, utilities, or other permanent or temporary facilities used in the mining process.
- A description of the extraction and processing procedures, phasing and equipment to be used.
- A description of operating hours, days of operation, blasting and crushing hours as well as hauling hours.
- Proposed plan shall include the effect of the operation on the quality and quantity of groundwater.
- Surface drainage of the property.
- Location and names of all streams, roads, railroads, utility lines, and pipelines on or adjacent to the proposed site.
- A description of the surface land use and vegetation, including all pertinent physical characteristics, of the extraction site and adjacent properties including agricultural, archaeological, historical and educational features.
- A description of the measures to be taken to control dust, noise and vibration.
- A description of the plans for topsoil salvage and storage. Topsoil is the upper part of the soil, which is the most favorable for plant growth.
- The mode and primary travel routes to be used to transport the extracted material for processing or markets away from the property.
- A description of measures to be taken to screen the operation from view, where necessary and practical.
- Identify all state and/or federal permits required for the proposed operation.
- A description of safety measures to be utilized on-site relative to fencing, signing, etc.
- All maps are to be at a scale of 1" = 100' or appropriate scale for the site.
- Reclamation plan data. Full and complete
information on the nature of reclamation
which the applicant proposes to undertake
to satisfy the factors and standards
in the permitting process. It shall address
the following factors:
- A map or plan and description of the proposed reclamation including grading, final slope angles, highwall reduction, benching and terracing of slopes, slope stabilization and revegetation where applicable, and erosion control and alternative future land uses. The map or plan shall be at a scale of 1" = 100' or appropriate scale for the site with a contour interval of 20' or less to be keyed to the appropriate U.S.G.S. (United States Geological Survey) 1:24,000 scale topographic quadrangle.
- Description of topsoil stripping, salvaging, stabilization and conservation methods that will be used during replacement.
- A plan and description of anticipated final topography, water impoundments, artificial lakes, and drainage on the property.
- Description of plans for disposition of surface structures, roads, and related facilities after cessation of mining.
- The estimated cost of reclamation for each stage of the project or the entire site if staging is not planned.
- A planting plan, which may include trees and shrubs, methods of seed bed preparation, seeding rates, fertilization, mulching, netting and/or other techniques needed to accomplish soil and slope stabilization. Such planting plan shall be initiated within six (6) months after quarry operations begin or at a time deemed appropriate by the Department.
- A timetable of the commencement, duration and cessation of reclamation activities.
- Other information. The Department may require the submittal of such other information as may be necessary to determine the nature of the mining operation and proposed reclamation.
- Standards for special exception uses.
The Sauk County Board of Adjustment may
approve petitions for a special exception
use upon finding that such a special
exception use is in the public interest
after giving particular consideration
to the following factors in making its
decision.
- That the establishment, maintenance, or operation of the special exception use shall not endanger the public health, safety, or general welfare, nor impair significant aesthetic, scientific, educational and agricultural values.
- That the establishment, maintenance, or operation of the special exception use will not substantially affect the existing use of adjacent properties, and will not have a substantial adverse effect on the most suitable long term future use for the area.
- That adequate utilities, access roads, drainage, traffic plans, and other site improvements have been, are, or will be provided.
- That the special exception use shall conform to all governmental regulations pertaining to the activity itself.
- That the mineral extraction activity shall conform to all applicable state air and water quality standards including storm and waste water discharge permit requirements.
- That the noise, vibration, and dust levels be within the standards as established by the state.
- That an undeveloped buffer zone adjacent to said extraction operations, commencing not less than 50 feet from a property line and/or up to 600 feet from an established building or such other distance as the Sauk County Board of Adjustment finds necessary for the protection and safety of adjacent properties from mineral extraction sites, with a stable angle of repose being provided along property lines. All buildings within said buffer zone must be completed 18 months prior to the application to the Sauk County Board of Adjustment. The 50 and the 600 foot buffer zones may be waived upon release of adjacent property owner(s).
- Where deemed practicable and necessary by the Sauk County Board of Adjustment, an earth bank/berm or vegetative screen shall be erected and/or maintained to screen the mining operation from view.
- Where deemed necessary by the Sauk County Board of Adjustment, each mining operation shall be enclosed by at least a three strand barbed wire fence, maintained at all times, with warning signs posted no more than 100 feet apart to indicate the presence of a mining operation and that fencing and signs shall be installed prior to commencement of operations.
- That the reclamation plan, which shall similarly be imposed as a condition of approval, will be enforceable and, as enforced, will result in a condition which is reasonably safe, attractive and, if possible, conducive to productive new uses for the site.
- The Sauk County Board of Adjustment
shall require reasonable assurance
that the conditions it may impose
will be satisfied. Such assurance
shall be achieved through a combination
of the following prior to commencement
of operation activities.
- Performance bonds or substitute guarantees in the form of pledged collateral.
- Establishment of escrow accounts into which deposits shall be made to assure financial resources for investments in reclamation work.
- Clear identification of the relationships between landowners, lessees, licensees and operators and the signing of written pledges by those persons who assume responsibility for various elements of the conditions imposed.
- Any unresolved dispute between a claimant and the applicants with regard to permit conditions, the applicants agree that the same shall be submitted to arbitration in accordance with Wis. Stats. Ch. 788, if the claimant so requests.
- The special exception permit shall be in effect for a period specified by the Sauk County Board of Adjustment and may be renewed. All permitted operations shall be inspected at least once every year by the Sauk County Board of Adjustment or its agents and shall be inspected at the time a request for renewal is submitted to the Department to determine if all conditions of the operation are being complied with. Renewed permits shall be modified to be in compliance with all state, County and local law. Permits may be amended upon application to the Sauk County Board of Adjustment to allow extensions or alterations in operations under new ownerships or managements.
- A termination of mining activities
on a site which is the subject
of an approved special exception
permit for a period of five (5)
years or more shall not entitle
the permit holder to a right of
renewal at the end of the permit
period, despite compliance of former
operations with all conditions
of the original permit, unless:
- Such a discontinuance was specified as part of the original operations plan; or
- The operator has submitted and had Sauk County Board of Adjustment approval of an amendment to the original permit placing the operation on inactive status with accompanying conditions as to interim or partial reclamation.
- Within two (2) years after the cessation of the operation, all temporary structures (except fences), equipment, stockpiles, rubble heaps and other debris shall be removed or backfilled into the excavation so as to leave the premises in a neat and orderly condition.
- Any conditions reasonable to protecting the public health, safety and welfare including the factors listed above may be imposed as part of the Sauk County Board of Adjustment.
- Fee schedule shall be established by the Agency under the normal fee schedule procedure.
- Agricultural related businesses including, but not limited to, farm implement dealers, stockyards, veterinary services and agricultural supply dealers.
- Junkyards are permitted upon the issuance
of a special exception permit from the Sauk
County Board of Adjustment, provided that all
of the following standards are met:
- Screening. The necessity and placement of any screening shall be determined by the Sauk County Board of Adjustment. If deemed necessary, a combination of screening materials may be utilized. These materials may include: a solid wall, fence and/or tree plantings. This screening of the junkyard shall be maintained to a minimum of six (6) feet in height, except for one (1) main entrance/exit not more than 12 feet wide and not directly facing a public street. The fence shall be constructed of nonreflective, new or like new material and not junk, such as inoperative railroad cars or mobile homes. Additional screening of tree plantings may be required to be placed in front of that portion of the wall or fence that borders a public road, with a planting plan submitted at the time of application.
- Location. Junkyards shall not be located within 1/4 mile of any church, school, other public building, right-of-way line of any federal, state or County trunk highways, or boundary of a residential or conservancy district. Junkyards shall also be at least 1/8 mile from any residence, other than that owned by the applicant. Junkyards are not allowed in mapped floodplains or wetlands and shall maintain a 75 foot setback from the ordinary high water mark of any navigable body of water. A plot plan shall be submitted at the time of application.
- Operation.
- The hours of operation shall be from 6:00 a.m. to 8:00 p.m., Monday through Saturday. Crushing hours shall be from 8:00 a.m. to 6:00 p.m. Monday through Friday.
- A plan for handling and storage of materials and recyclables including, but not limited to oil, grease, antifreeze, freon, batteries, metals, tires and related by-products of the recycling process.
- A plan shall include how surface water will be controlled on the yard.
- The lot shall have a gate that is shut and locked when no one is in attendance.
- Permit procedure.
- The special exception permit shall be in effect for a period specified by the Sauk County Board of Adjustment, with a maximum time of five (5) years. At that time, it may be renewed, provided that the yard is in compliance with the standards set forth and the annual review gives a recommendation for continuance of the yard.
- At the date of this amendment, existing junkyards that have made a documented attempt at renewing their existing junkyard permit will not be required to obtain a special exception permit until two (2) years from the effective date of this ordinance, but shall come into compliance with all of the standards of this ordinance within one (1) year from the effective date of this ordinance. All other junkyards, either existing or contemplated, shall obtain a special exception permit.
- Fees.
- A fee schedule shall be established by the Agency under the normal fee schedule procedure and may be reviewed annually.
- The annual inspection fee and review shall be good for a period of one (1) calendar year or portion of a year, beginning on January 1 through December 31. The fee is due on January 1 and becomes delinquent on February 1. If the junkyard fee becomes delinquent, the special exception permit shall become null and void.
- Violation and penalties.
- Immediate revocation may occur during the term of the permit if a violation of the ordinance occurs on the property with respect to the standards of this ordinance.
- Any person, firm or corporation who fails to comply with the provisions of this ordinance shall, upon conviction thereof, be subject to penalties and forfeitures as provided for in Chapter 20, Uniform Citation Ordinance. Each day of continued violation shall constitute a separate offense.
- The following uses shall be allowed only after
the issuance of a Conditional Use Permit by the Agency;
pursuant to Section 7.12(7) of this ordinance and
are found to be necessary in light of the alternative
locations available for such uses.
- A Cluster Development in accordance with the provisions of Section 7.12 when the Agency approves a Conditional Use Permit in writing.
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building shall exceed a height of 35 feet. See Section 7.13(4).
- Lot area. Lot area shall be the same as that in the Single Family Residential District, provided that this requirement shall not apply to permitted trailers on farms.
- Floor area. Floor area shall be the same as that required in Section 7.13(3)(d).
- Side yards. For buildings or parts of buildings used for residential purposes, the side yard requirements of the Single-Family Residential District shall apply.
- Rear yards. For buildings or parts of buildings used for residential purposes, the rear yard requirements of the Single-Family Residential District shall apply.
- Highway setback lines. See Section 7.18.
- Off-street parking. See Section 7.13(6).
7.05B Exclusive Agricultural District.
- Purpose. This district provides for the preservation, maintenance and enhancement of quality agriculture, forestry and natural areas for the benefit of farm operators and the general public in terms of production of food and fiber and environmental quality. Except for continuation of preexisting uses, this district will allow very few nonagricultural uses or developments, and rezoning's will be approved only where surrounding land uses have made continued farming, forestry, or natural uses unfeasible, or where specific findings, as required by Wis. Stat.§ 91.77(1), indicates rezoning is consistent with the public interest and the Sauk County Agricultural Preservation Plan. This policy is intended to avoid conflicts which occur when farm and nonfarm uses are mixed, and to reduce the adverse pressures upon farming caused by speculative land values and consequent increases in property taxes on farmlands.
- Uses.
- Uses in the Exclusive Agricultural District are
restricted to agricultural uses and uses consistent
with agricultural uses.The following uses are permitted
in this district provided they meet the requirements
of this district and other requirements of this ordinance
that apply to these uses, and further provided that
the minimum parcel size to establish a residence
or a farm operation shall be 35 acres unless otherwise
expressly allowed hereunder:
- General farming, including dairying, livestock raising, vegetable raising, poultry raising, grazing; except that no building for the housing of livestock or poultry shall be located within 300 feet of any boundary of a residential or commercial lot other than that of the owner or lessee of such building containing such livestock or poultry.
- Raising of grain, grass, mint and seed crops, nuts and berries.
- Greenhouses, nurseries, orchards, floriculture, viticulture, sodfarming.
- Beekeeping.
- Forest and game management; nature trails and walks.
- Home occupations and professional offices conducted within and accessory to a permitted residence following the requirements of Section 7.03(2)(i) and (j) of this ordinance.
- Signs meeting the requirements set forth in Section 7.05(2)(h) of this ordinance.
- One single-family dwelling, for the owner of a lot or parcel over 35 acres, or up to two (2) per farm operation, for the farm operator, parents or children of the farm operator, or hired persons deriving at least fifty percent (50%) of their income from the farm operation; with the provision that the second dwelling may be a mobile home when the occupant, or head of the occupant household, of such trailer or mobile home is employed in connection with the farm operation; provided that no such trailer or mobile home shall be located closer to the highway than the farm residence. No structure or improvement may be built on the land unless consistent with agricultural uses.
- One (1) single-family dwelling, on parcels of less than 35 acres which are lots of record at the time of adoption of this district.
- Pre-existing residences located in areas subject to zoning under this district may be continued in residential use and shall not be subject to any limitations imposed or authorized under Section 7.13(1)(f) "Nonconforming Uses" of this ordinance. Such preexisting residences may be altered, repaired or rebuilt if destroyed, but shall be subject to setback, height and other dimensional requirements.
- Garages and other similar structures or uses accessory to permitted residential uses.
- Electric, and gas utility uses not requiring authorization under Wis. Stat. §196.49(3) and including, but not limited to, poles and lines, substations and gas lines.
- Ponds or lakes greater than 110 feet from a road or property lines; power plants, flowage areas, dams.
- The following uses shall be allowed only after
the issuance of a special exception permit by the
Sauk County Board of Adjustment; pursuant to Section
7.05B(4) of this ordinance and provided that special
exceptions are limited to those agricultural-related,
short term non-metallic mining, religious, other
utility, institutional or governmental uses that
are consistent with agricultural uses and are found
to be necessary in light of the alternative locations
available for such uses. The Department of Agriculture,
Trade, and Consumer Protection shall be notified
of the approval of any special exceptions in areas
zoned Exclusive Agricultural.
- Stables, paddocks and equestrian trails (commercial).
- Fur farms; fish farms; licensed game farms.
- Ponds or lakes within 110 feet of a road or property line; power plants, flowage areas, dams.
- Single-family dwelling units exceeding two (2) per farm operation which are accessory to the farm operation and are for parents or children of the farm operator or hired persons deriving at least fifty percent (50%) of their income from the farm operation, except that not more than two (2) mobile homes shall be allowed per farm operation and any mobile home shall meet the provisions of Section (2)(a)8 of this district.
- Agricultural related businesses including, but not limited to, farm implement dealers, feed mills, fertilizer dealers, stockyards, fuel alcohol stills, veterinary services, and sawmills located on the same premises for more than ten (10) days.
- Governmental uses such as police and fire stations, highway storage garages, solid waste disposal and sewage treatment plants, gravel pits and quarries, schools, parks and campgrounds, airports and landing strips.
- Other governmental, religious, utility, or institutional uses.
- Cottage industries and any uses permitted
in Section 7.03(2)(i) and (j), when such occupation
is incidental to the residential use of the
premises; for the production, sale, offering
of services, and keeping of stock-in-trade
provided that no article is sold to walk in,
retail customers, except that which is produced
by such cottage industry and that no more than
one (1) person other than a member of the resident
family is employed on the premises. No material,
product or vehicle to be serviced by the cottage
industry may be stored or displayed outdoors.
No activity is allowed that might result in
excessive noise, smoke, dust, odors, heat,
or glare beyond that which is common to a residential
and/or agricultural area. No. activity is allowed
which involves the use or manufacture of products
or operations that are dangerous in terms of
risk of fire, explosion, or hazardous emissions.
In addition, cottage industries shall meet the following conditions:- Any such cottage industry shall be limited to existing farm residences or structures or portions of the existing farmstead that are not dedicated to agricultural uses.
- A septic verification and/or a sanitary permit shall be required from the Department for any structure that results in a change of use from the original use as well as an increased volume of wastewater above that for which the system was originally designed. The Department shall be contacted before any change in use is made and the Zoning Administrator shall determine the need for a sanitary permit.
- The property meets all applicable State of Wisconsin regulations and all applicable licenses have been issued to said property, prior to application for said special exception permit.
- The permit would be issued to the owner(s) of the residence and would not be transferable.
- One sign advertising the special exception use shall be permitted on the property in accordance with Section 7.13(l)(j) provided the sign does not exceed 12 square feet in size.
- Off-street parking shall be provided in accordance with Section 7.13(6).
- The seasonal storage of recreational equipment and motor vehicles owned by private individuals other than those residing on the premises provided such storage is located within an existing farm building and completely enclosed therein. The storage of a dealer's inventory or the construction of any new buildings for storage shall be considered a commercial use and not allowed in this district.
- Limited, sort term nonmetallic extraction may be permitted by the Department after an operational plan, reclamation plan and ownership/management data has been submitted and approved in writing by the Agency as specified in Sections 7.05(2)(1)19a, b, and c. Limited short term mineral extraction shall be considered as those operations which will not involve any blasting for aggregate removal and will be commenced and completed within twelve (12) months from the date of permit issuance and will be limited to not more than five (5) acres in an area. Upon completion of the project, the contractor and/or subcontractor shall within a 60 day period or at a time deemed appropriate by the Department complete and comply with the reclamation plan as submitted. For the purposes of this district, the reclamation must restore the area to agricultural use. The Department shall notify the local municipality(ies) in which the activity is proposed as well as adjoining landowners when a permit application for a short term mineral extraction activity is proposed. Prior to the issuance of a mineral extraction permit a performance bond shall be provided for each site in the amount of three thousand dollars ($3,000.00) minimum, or one thousand five hundred dollars ($1,500.00) per acre, whichever is greater or substitute guarantee in the form of pledged collateral.
- The following uses shall be allowed only after
the issuance of a conditional use permit by the Agency;
provided that conditional uses are limited to those
agricultural-related, other utility, institutional
or governmental uses that are consistent with agricultural
uses and are found to be necessary in light of the
alternative locations available for such uses. The
Department of Agriculture, Trade, and Consumer Protection
shall be notified of the approval of any conditional
uses in areas zoned Exclusive Agricultural.
- A Cluster Development in accordance with the provisions of Section 7.12 when the Agency approves a Conditional Use Permit in writing. Before such a Conditional Use Permit can be approved for this district, the Agency must make findings in accordance with Wis. Stat.§ 91.01(10) and any applicable portion of Wis. Stat.§ 91.75. If a finding can not be made that is consistent with Wis. Stat. §91.01 (10) and Wis. Stat.§ 91.75, a Conditional Use Permit shall not be granted.
- Farm dwellings and structures accessory thereto may be separated from the farm into a parcel of not less than one (1) acre and not more than five (5) acres as the result of a farm consolidation.
- Uses in the Exclusive Agricultural District are
restricted to agricultural uses and uses consistent
with agricultural uses.The following uses are permitted
in this district provided they meet the requirements
of this district and other requirements of this ordinance
that apply to these uses, and further provided that
the minimum parcel size to establish a residence
or a farm operation shall be 35 acres unless otherwise
expressly allowed hereunder:
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building shall exceed a height of 35 feet. See Section 7.13(4).
- Lot area.
- Residential lot and yard sizes.
- Where a single-family dwelling unit is to be established according to the provisions of this district on a parcel which is separate from that of the farm tract or of the parcel on which another dwelling exists, the parcel shall comply with the yard, area and other requirements of the Single Family Residential District 7.03(3).
- Where such a dwelling is to be established without creation of a separate parcel, such unit shall be located no closer than 25 feet from any other dwelling.
- Parcel size. The minimum parcel size to establish a farm operation or a residence, except as provided for in this district, shall be 35 acres.
- For special exceptions. The minimum lot size shall be as specified in the special exception permit, but shall meet all highway and water setbacks, sanitary requirements, rear and side yard setbacks and parking requirements.
- Residential lot and yard sizes.
- Floor areas. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area of 540 square feet, provided that this regulation shall not apply to permitted mobile homes on farms. See Section 7.02 "Floor Area".
- Side yards. For buildings or parts of buildings used for residential purposes, the side yard requirements of the Single Family Residential District shall apply.
- Rear yards. For buildings or parts of buildings used for residential purposes, the rear yard requirements of the Single Family Residential District shall apply.
- Highway setback lines. Highway setback lines shall be the same as that required in Section 7.18.
- Off-street parking. Off-street parking shall be the same as that required in Section 7.13(6).
- Standards for the granting of special exception permits.
Special uses must be consistent with agricultural uses
as defined in Section 7.02(109) and Wis. Stat. § 91.01(10)
and must comply with the applicable portions of Wis. Stat. § 91.75.
Special exceptions are limited to those agriculture-related,
religious, other utility, institutional or governmental
uses that are consistent with agricultural uses and are
found to be necessary in light of the alternative locations
available for such uses. Special exception permits shall
be granted only when the location of each such use shall
have been approved in writing by the Sauk County Board
of Adjustment, after public hearing, and after a view of
the proposed site or sites. Any permits issued shall be
consistent with the general purpose and intent of this
district and ordinance and shall be based on such evidence
as may be presented at the public hearing in consideration
of the following relevant factors:
- Potential for conflict with agricultural use.
- Need of the proposed use for a location in an agricultural area.
- Availability of alternative locations.
- Compatibility with existing or permitted uses on adjacent land.
- Productivity of the lands involved.
- Location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted.
- Need for public services created by the proposed use.
- Availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.
- The effect of the proposed use on water or air pollution, soil erosion and rare or irreplaceable natural areas.
- Standards for rezoning. The Agency may approve petitions
for rezoning lands out of the Exclusive Agricultural District
upon finding that such a rezoning is in the public interest
after consideration of the following factors:
- Adequate public facilities to accommodate development either exist or will be provided within a reasonable amount of time as determined by the Agency.
- Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of affected local units of government to provide such facilities.
- The land proposed for rezoning is suitable for development and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonably adverse effect on rare or irreplaceable natural areas.
- Potential conflict with remaining agricultural lands and uses in the area.
- Need for the proposed development in the location specified.
- Availability of alternative locations.
- Productivity of the agricultural lands that are involved or affected.
- Whether the development as proposed is located to minimize the amount of agricultural land converted.
- The Department of Agriculture, Trade and Consumer Protection shall be notified of all special exception permits or conditional use permits issued and all rezoning's and amendments adopted.
- Issuance of zoning certificates for tax credit purposes.
Certificates for tax credit purposes will be issued only
for land which is following a conservation program which
results in a soil loss equal to or less than "T" (allowable
soil loss) as defined by the Soil Conservation Service,
U.S. D.A. Developing and following a Soil Conservation
Service farm conservation plan is suggested as a method
of meeting this requirement. The Agency members will judge
substantial compliance with this standard. Prior to finding
a landowner in violation of this section, the Agency members
shall notify the landowner in writing of any alleged violation,
specifying the grounds of the violation, and shall afford
the landowner an opportunity for a hearing. Violation of
the soil conservation standard shall be considered a violation
of the zoning ordinance and shall be sufficient reason
for refusal to issue a zoning certificate for tax credit
purposes.
7.06 Rural Community District
- Purpose. To identify those areas that were historically developed as small, compact centers, typically defined as an unincorporated village and which consist predominately of a residential character but with a core of mixed-use commercial, residential, and community services. These centers incorporate local-scale economic and social functions that are integrated with the housing. The unincorporated village typically has a recognizable center, discrete physical boundaries, and a pedestrian scale and orientation. Through the designation of unincorporated villages, this district will provide a means to maintain and rebuild these core mixed-use centers consistent with their traditional character as well as provide an opportunity for the expansion of the core mixed-use center and contiguous residential areas utilizing the pedestrian scale and orientation.
- Use. In this district no structure or premise shall
be erected, moved or structurally altered unless otherwise
provided in this ordinance, except as provided below:
- Permitted Uses. Any permitted use in the Single-Family Residential District.
- Special exceptions. The Sauk County Board of Adjustment, after investigation, viewing of the proposed site(s) and public hearing may authorize the location of any of the permitted or special exception uses in the Multiple-Family, Recreational-Commercial or Commercial Districts that are consistent with the applicable comprehensive plan(s). The approved use shall comply with all the regulations provided within the applicable zoning district and any reasonable conditions or safeguards that the Board may impose that are in keeping with the general intent and purpose of this ordinance which do not significantly injure the public health, safety or welfare.
- Heights, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building hereafter erected, converted, enlarged or structurally altered shall exceed a height of 35 feet. The requirements of Section 7.13(4) shall also apply.
- Detached accessory structures. Detached accessory
structures in the Rural Community District shall
comply with all building setback requirements and
be limited to one (1) main accessory structure and
one (1) secondary accessory structure per lot. Detached
accessory structures shall include garages and buildings
clearly incidental to the primary use of the property,
but does not include boat houses or boat lifts as
defined in Chapter 8. The dimensional standards for
accessory structures shall be as follows:
- Height. No accessory structure shall exceed a height of 20 feet.
- Accessory building placement. Accessory buildings shall not extend beyond the furthest extent of the front encroachment of the primary structure on the property.
- Floor area.
- The main detached accessory structure
floor area shall be based on lot size.
Lot Size Maximum Floor Space Lot Size Maximum Floor Space 0-19,999 square feet 600 square feet 20,000-43,559 square feet 900 square feet 43,560+ square feet 1,200 square feet - The secondary detached accessory structure shall have a maximum of 120 square feet of floor area.
- The main detached accessory structure
floor area shall be based on lot size.
- Any detached accessory structure exceeding
the maximum allowable square foot floor area
and/or maximum allowable height shall require
approval as a variance by the Sauk County Board
of Adjustment. The Sauk County Board of Adjustment,
after investigation, viewing of the proposed
sites and public hearing, may grant a variance.
Any variance granted shall be based on such
evidence as may be presented at the public
hearing in consideration of the following factors:
- The architectural compatibility of the structure with the surrounding residential area.
- That the proposed use of such a structure is consistent with the purpose and intent of this district.
- Potential for conflict with adjacent residential uses.
- Need of the proposed structure for a location in a residential area.
- Any other factors deemed pertinent.
- Lot area and width. All lots shall have a minimum width of 80 feet for sewered and 100 feet for un-sewered and a minimum lot size of 8000 square feet for sewered and 20,000 square feet for un-sewered.
- Floor area. Floor area shall not be less than 500 square feet for commercial uses and 750 square feet for residential uses.
- Side yard. There shall be a side yard on each side of a building of not less than 5 feet with an aggregate of 15 feet.
- Rear yard. There shall be a rear yard for each building of not less than 25 feet.
- Highway setback lines. Highway setback lines shall be the same as those required in Section 7.18.
- Lot coverage. No residential building together with its accessory buildings shall cover in excess of fifty percent (50%) of the net lot area.
7.07 Wetland District.
- Purpose. To identify those areas where development is prohibited due to high ground water, the presence of significant wildlife habitat, geologic features, natural features, scenic features, natural vegetation or the need to protect water quality.
- Use. In order to protect and preserve the natural character
of the lands included within this district, and their values
for wildlife, water conservation, flood control, recreation,
forestry, and other public purposes, no land shall be used
and no building shall hereafter be erected or moved except
in accordance with the regulations below:
- Grazing.
- The harvesting of wild crops, such as wild hay, ferns, moss, berries, and tree fruits and seeds.
- Hunting and fishing, including trapping.
- The practice of wildlife, fish and forest management.
- Hydro-electric power stations, dams and other structures for the use or control of flowing water.
- Power transmission and distribution lines and necessary appurtenant structures.
- Nonresidential buildings and structures used solely in conjunction with the raising of wildlife and fish, and the practice of forestry including buildings and structures used by public or semipublic agencies or groups for research in or the rehabilitation of natural resources.
- Camping, subject to the regulations identified in subsection 7.13(7)(b).
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building shall exceed a height of 35 feet. See Section 7.13(4).
- Lot area. Lot area shall be at least ½ acre.
- Floor area. Buildings used in whole or in part for seasonal or temporary habitation shall have a floor area of not less than 400 square feet. See Section 7.02 "Floor area".
- Side yards. The side yard requirements for the Wetland District shall be the same as those required in Section 7.03.
- Rear yard. The rear yard requirements for the Wetland District shall be the same as that required under Section 7.03.
- Highway setback lines. See Section 7.18.
- Off-street parking. See Section 7.13(6).
7.08 Recreational-Commercial District.
- Purpose. This district is created to provide recreational opportunities to the general public and to furnish those commercial services and products that serve and support the rational development of the recreational opportunities. It is recognized, however, that such development must not significantly damage, threaten, or be in conflict with the natural resources, character and uses of the area.
- Uses. In the Recreational-Commercial District no structure
or premise shall be used and no structure shall hereafter
be erected, moved or structurally altered, unless otherwise
provided in this ordinance, except as for provided below.
- Permitted uses.
- Parks, playgrounds, picnic grounds are permitted provided that they meet the standards as required in Section 7.03(2)(d), and as established in this district.
- Forest and wildlife preserves.
- Tennis courts, playfields and sportsfields without night lighting.
- Eating establishments in which liquor and/or malt beverages are not served.
- Gift, antique, convenience, general stores, specialty shops, and launderettes of a size and nature to serve the needs of the area's recreational community.
- Sporting goods and equipment sales and rental.
- Bait shops.
- Boat launching areas.
- Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker, located on the same lot as the business or recreational use, not to exceed one (1) single-family dwelling. Any such residence shall meet the height, floor area and yard requirements of Section 7.03(3).
- Ponds or lakes greater than 110 feet from a road or property lines; power plants, flowage areas, dams.
- Special exceptions. The Sauk County Board of Adjustment,
after investigation, viewing of the proposed sites
and public hearing, may authorize the location of
any of the following uses in this district provided
that the location is consistent with the intent of
this ordinance and does not significantly injure
the public health, safety or welfare. The approved
use shall comply with all other regulations for this
district and any reasonable conditions or safeguards
that the Board may impose that are in keeping with
the general intent and purpose of this ordinance.
- Drinking establishments and eating establishments in which liquor and/or malt beverages are served or sold.
- Hotels, motels, resorts.
- Theaters, indoor and drive-in. Drive-in theaters are also subject to the regulations as required in Section 7.05(2)(k)3.
- Bowling alleys, skating rinks, pool halls, arcades.
- Gymnasiums, health clubs, athletic clubs.
- Amusement and recreational parks or services.
- Riding stables and academies.
- Hunting, fishing and sports clubs. If said clubs contain a shooting range, then the standards within 7.05(2)(k)11 shall apply.
- Archery ranges.
- Golf driving ranges, miniature golf courses.
- Golf courses and country club facilities.
- Ski areas and accompanying facilities.
- Tennis courts, playfields and sportsfields with night lighting.
- Go-kart tracks, other similar race tracks.
- Marinas, boat liveries, boat sales.
- Recreation camps.
- Campgrounds.
- Clubs, lodges, fraternal organizations.
- Governmental and institutional uses.
- Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker in excess of the one (1) single-family dwelling permitted above. Any such residence shall meet the height, floor area and yard requirements of Section 7.03(3).
- Mobile homes, as residential quarters for the owner, proprietor, commercial tenant, employee or caretaker, located on the same lot as the business, not to exceed one (1) mobile home. Any such residence shall meet the height, floor area and yard requirements of Section 7.03(3).
- Ponds or lakes greater than 110 feet from a road or property lines; power plants, flowage areas, dams.
- Permitted uses.
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in Section 7.13(4), no structure shall exceed a height of 50 feet.
- Lot area. Lot area shall be the same as that required in Section 7.03.
- Side yards. There shall be a side yard on each side of a structure hereafter erected or moved of at least ten (10) feet in width. However, no such side yard shall be less than 25 feet wide when the side lot line abuts a residential use not in this district.
- Rear yard. There shall be a rear yard of not less than 25 feet.
- Highway setback lines. Highway setback lines shall be the same as that required in Section 7.18.
- Off-street parking. Off-street parking shall be the same as that required in Section 7.13(6).
- No automobile parking lot, stock pile, waste or salvage pile, equipment storage yard, or other accumulation of materials or equipment in the open shall be stored or placed within any setback area.
- Additional standards for special exceptions.
- Applicants shall submit plot plans of principal and accessory structures, parking areas, open areas, recreational facilities, and general design and land use, and any other pertinent information required by the Sauk County Board of Adjustment and/or Department.
- In hearing requests for special exceptions, the
Sauk County Board of Adjustment shall consider the
following factors, plus any other factors deemed
pertinent, and determine that the special exception
use will:
- Not cause unusual public service needs.
- Not substantially impair or diminish the uses, values and enjoyment of other property in the surrounding area for the purposes already permitted.
- Provide safe access and adequate parking facilities.
- Provide access for emergency vehicles.
- Provide responsible surface water management.
- Not cause air, water or noise pollution or adversely affect rare or irreplaceable natural areas.
- Recreation camps. In addition to being subject
to Chapter HSS 175 of the Wisconsin Administrative
Code, recreation camps shall be subject to the following
regulations and any other requirements the Sauk County
Board of Adjustment may deem appropriate after viewing
the site or sites and considering evidence presented
at the public hearing.
- Yards. There shall be a yard on each side of any such recreation camp of at least ten (10) feet in width. However, no such side yard shall be less than 25 feet wide when the side lot line abuts a residential use not in this district. Rear yards shall not be less than 25 feet. Highway setback lines are as required in Section 7.18. No campsite shall be established in the yard or setback areas.
- Screening. Where natural vegetation does not present adequate screening in all required yards or setbacks, supplemental plantings may be required so as to provide natural screening between the recreation camp and neighboring areas. This requirement shall not apply along that part of a camp which fronts a lake or stream.
- Off-street parking. Parking shall be provided on the premises of each such recreation camp, but not in any required yard, equal to not less than one (1) parking space for each camping unit, plus one (1) additional parking space for each motor vehicle operated in connection with such camp.
- Campgrounds. In addition to being subject to Chapter HSS 178 of the Wisconsin Administrative Code, campgrounds shall be subject to the yard and screening provisions for recreation camps set forth in Section (4)(c) above. Occupancy of a camping unit on a continuous, year-round basis or utilization of a camping unit as a permanent abode or legal place of residence shall be prohibited.
7.09 Commercial District.
- Purpose. It is the policy of Sauk County to promote economic development and a strong County economy. It is recognized, however, that most commercial uses should be located in or near the urban communities where a full range of required services can be afforded to such uses. The Commercial District is created to minimize conflicts with surrounding land uses and to provide for the orderly growth and development of commercial uses engaged in retail sales of merchandise and/or provision of services.
- Uses. In this district no structure or premise shall
be used and no structure shall hereafter be erected, moved
or structurally altered unless otherwise provided in this
ordinance, except as provided below.
- Permitted uses.
- General retail and service establishments, including but not limited to, food stores, liquor stores, furniture stores, convenience stores, clothing stores and barber shops.
- Building material sales involving only indoor storage.
- Financial, professional and business services.
- Lawn and garden supplies, greenhouses.
- Medical, dental and veterinary clinics.
- Service stations, car washes.
- Repair services, not including auto body repair.
- Civic, fraternal and social organizations.
- Eating establishments in which liquor and/or malt beverages are not served.
- Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located on the same lot as the business, not to exceed one (1) single-family dwelling. Any such residence shall meet the height, floor area and yard requirements of Section 7.03(3).
- Ponds or lakes greater than 110 feet from a road or property lines; power plants, flowage areas, dams.
- Special exceptions. The Sauk County Board of Adjustment,
after investigation, viewing of proposed site(s)
and public hearing may authorize the location of
any of the following uses in this district, provided
that the location is consistent with the intent of
this ordinance and does not significantly injure
the public health, safety or welfare. The approved
use shall comply with all the regulations for the
district and any reasonable conditions or safeguards
that the Board may impose that are in keeping with
the general intent and purpose of this ordinance.
- Drinking establishments and eating establishments in which liquor and/or malt beverages are served or sold.
- Motels, hotels and resorts.
- Gymnasiums, health clubs, athletic clubs.
- Auction barns.
- Funeral homes, mausoleums, crematoriums, cemeteries in conjunction with the above uses.
- Governmental and institutional uses.
- Theaters, indoor and drive-in. Drive-in theaters are also subject to the regulations as required in Section 7.05(2)(k)3.
- Pool halls, arcades, bowling alleys and skating rinks.
- Radio and television broadcasting and receiving towers; microwave relay structures.
- Mobile home, recreational vehicle, boat and auto sales and rentals.
- Implement equipment sales and service.
- Auto body shops.
- Lumber yards and other building material businesses involving outdoor storage.
- Truck terminals and distributors.
- Warehousing.
- Building contractor storage yards.
- Fabrication, processing or storage of materials when such activity is clearly incidental and subordinate to retail and service business establishments.
- Food locker plants, commercial bakeries.
- Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker in excess of the one (1) single-family dwelling permitted above. Any such residence shall meet the height, floor area and yard requirements of Section 7.03(3).
- Mobile homes, as residential quarters for the owner, proprietor, commercial tenant, employee or caretaker, located on the same lot as the business, not to exceed one (1) mobile home. Any such residence shall meet the height, floor area and yard requirements of Section 7.03(3).
- Ponds or lakes greater than 110 feet from a road or property lines; power plants, flowage areas, dams.
- Permitted uses.
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in Section 7.13(4), no structure shall exceed a height of 50 feet.
- Lot area. Lot area shall be the same as that required in Section 7.03.
- Side yards. There shall be a side yard on each side of a structure hereafter erected or moved of at least ten (10) feet in width. However, no such side yard shall be less than 25 feet wide when the side lot line abuts a residential use not in this district.
- Rear yard. There shall be a rear yard of not less than ten (10) feet in depth.
- Highway setback lines. Highway setback lines shall be the same as that required in Section 7.18.
- Off-street parking. Off-street parking shall be the same as that required in Section 7.13(6).
- No automobile parking lot, stock pile, waste or salvage pile, equipment storage yard, or other accumulation of materials or equipment in the open shall be stored or placed within any setback area.
- Additional standards for special exceptions.
- Applicants shall submit plot plans of principal and accessory structures, parking areas, open areas, recreational facilities, and general design and land use, and any other pertinent information required by the Sauk County Board of Adjustment and/or the Department.
- In hearing requests for special exceptions, the
Sauk County Board of Adjustment shall consider the
following factors, plus any other factors deemed
pertinent, and determine that the special exception
use will:
- Not cause unusual public service needs.
- Not substantially impair or diminish the uses, values and enjoyment of other property in the surrounding area for purposes already permitted.
- Provide safe access and adequate parking facilities.
- Provide access for emergency vehicles.
- Provide responsible surface water management.
- Not cause air, water or noise pollution or adversely affect rare or irreplaceable natural areas.
7.10 Resource Conservancy District-35.
- Purpose. The purpose of this district is to protect, maintain, and enhance woodlands, bluffs, wildlife corridors, scenic areas, significant natural areas, and farmland within Sauk County. Regulation of these areas will serve to control erosion and will promote the rural character and natural beauty of the County while seeking to assure protection of areas with significant topography, natural watersheds, ground and surface water, wildlife habitat, recreational sites, archeological sites, and other natural resource characteristics that contribute to the environmental quality and economic diversity of the County. This policy is intended to reduce the adverse pressures upon farming caused by speculative land values and consequent increases in property taxes on farmlands.
- In order to protect significant wildlife habitat, natural
vegetation, geologic, natural and scenic features, no land
shall be used and no building shall hereafter be erected
or moved except in accordance with the regulations specified
below:
- Permitted uses.
- General farming, including dairying, alternative/sustainable, livestock raising, poultry raising, grazing; except that no building for the housing of livestock or poultry shall be located within 300 feet of any boundary of a residential or commercial lot other than that of the owner or lessee of such building containing such livestock or poultry.
- Raising of grain, vegetables, mint and seed crops, nuts and berries.
- Greenhouses, nurseries, orchards, floriculture, viticulture, horticulture, sodfarming.
- Beekeeping.
- Forest and game management; nature trails and walks.
- Forest preservation and reforestation.
- One single-family dwelling for the owner of a lot or parcel over 35 acres, or up to two (2) per farm operation, for the farm operator, parents or children of the farm operator, or hired persons deriving at least fifty percent (50%) of their income from the farm operation; with the provision that the second dwelling may be a mobile home when the occupant, or head of the occupant household, of such trailer or mobile home is employed in connection with the farm operation; provided that no such trailer or mobile home shall be located closer to the highway than the farm residence.
- One (1) single family dwelling, on parcels of less than 35 acres which are lots of record at the time of adoption of this district.
- Pre-existing buildings and premises located in areas subject to zoning under this district may be continued in lawful use and shall not be subject to any limitations imposed or authorized under Section 7.13(1)(f) "Nonconforming uses" of this ordinance. Such preexisting residences may be altered, repaired or rebuilt if destroyed, but shall be subject to setback, height and other dimensional requirements.
- Farm dwellings and structures accessory thereto which remain after farm consolidation may be separated from the farm lot into a parcel of not less than one (1) acre.
- Garages and other similar structures or uses accessory to permitted residential uses.
- Electric and gas utility uses including, but not limited to poles and lines, substations and gas lines.
- Camping subject to the regulations identified in Subsection 7.13(7).
- Cottage industries and any uses permitted in Section 7.03(2)(i) and (j), when such occupation is incidental to the residential use of the premises; for the production, sale, offering of services, and keeping of stock-in-trade provided that no article is sold to walk in, retail customers, except that which is produced by such cottage industry and that no more than one (1) person other than a member of the resident family is employed on the premises. No material, product or vehicle to be serviced by the cottage industry may be stored or displayed outdoors. No activity is allowed that might result in excessive noise, smoke, dust, odors, heat, or glare beyond that which is common to a residential and/or agricultural area. No. activity is allowed which involves the use or manufacture of products or operations that are dangerous in terms of risk of fire, explosion, or hazardous emissions.
- Signs meeting the requirements set forth in Section 7.05(2)(h) of this ordinance. Allow a cottage industry to erect one (1) sign that lists the name and/or type of business. This sign shall not exceed eight (8) square feet in gross area and shall be in compliance with Section 7.13(1)(j).
- Ponds or lakes greater than 110 feet from a road or property lines; power plants flowage areas, dams.
- Limited, short term nonmetallic extraction may be permitted by the Planning and Zoning Office after an operational plan, reclamation plan and ownership/management data has been submitted and approved in writing by the Planning, Zoning and Land Records Committee as specified in Sections 7.05(2)(k)19a, b, and c. Limited short term mineral extraction shall be considered as those operations which will not involve any blasting for aggregate removal and will be commenced and completed within twelve (12) months from the date of permit issuance, and will be limited to not more than five (5) acres in an area. Upon completion of the project, the contractor and/or subcontractor shall within a 60 day period or at a time deemed appropriate by the Planning and Zoning Office complete and comply with the reclamation plan as submitted. The Planning and Zoning Office shall notify the local municipality(ies) in which the activity is proposed as well as adjoining landowners when a permit application for a short term mineral extraction activity is proposed. Prior to the issuance of a mineral extraction permit a performance bond shall be provided for each site in the amount of three thousand dollars ($3,000.00) minimum, or one thousand five hundred dollars ($1,500.00) per acre, whichever is greater or substitute guarantee in the form of pledged collateral.
- Special Exceptions. The Sauk County Board of Adjustment,
after investigation, viewing of the proposed sites
and public hearing, may authorize the location of
any of the following uses in this district provided
that the location is consistent with the intent of
this ordinance and does not significantly injure
the public health, safety or welfare. The approved
use shall comply with all other regulations for this
district and any reasonable conditions or safeguards
that the Board may impose that are in keeping with
the general intent and purpose of this ordinance.
- Stables, paddocks, and equestrian trails which are commercial in nature.
- Fur farms; fish farms; licensed game farms.
- Animal feeding operations as defined by the Department of Natural Resources Chapter NR243 of the Wisconsin Administrative Code.
- Ponds or lakes within 110 feet of a road or property line, power plants, flowage areas, dams.
- Hunting, fishing and sports clubs. If said clubs contain a shooting range, then the standards within 7.05(2)(k)11. shall apply.
- Archery ranges.
- Agricultural related businesses including, but not limited to, farm implement dealers, feed mills, fertilizer dealers, fuel alcohol stills, veterinary services, and sawmills located on the same premises for more than ten (10) days.
- Government uses such as police and fire stations, highway storage garages, schools, parks and camp grounds, airports and landing strips.
- Single-family dwellings, up to two (2) per farm operation, for the farm operator, parents or children of the farm operator and hired persons deriving at least 50 percent (50%) of their income from the farm operation; with the provision that the second dwelling may be a mobile home when the occupant, or head of the occupant household of such trailer or mobile home, is employed in connection with the farm operation; provided that no such trailer or mobile home shall be located closer to the highway than the farm residence.
- Kennels, if located not less than 1000 feet from any residential building other than that of the owner of such kennel.
- Conditional Uses. The following uses shall be
allowed only after the issuance of a Conditional
Use Permit by the Agency; pursuant to Section 7.12(7)
of this ordinance and are found to be necessary in
light of the alternative locations available for
such uses.
- A Cluster Development in accordance with the provisions of Section 7.12 when the Agency approves a Conditional Use Permit in writing.
- Permitted uses.
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building shall exceed a height of 35 feet. See Section 7.13(4).
- Lot area.
- Parcel size. The minimum parcel size to establish a residence, except as provided for in this district shall be 35 acres.
- For special exceptions. The minimum lot size shall be specified in the special exception permit, but shall meet all highway and water setbacks, sanitary requirements, rear and side yard setbacks and parking requirements.
- Floor areas. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area of 750 square feet. See Section 7.02 "Floor area".
- Side yard. For residential structures and accessory structures the aggregate width shall not be less than 50 feet and no single side yard shall be less than 20 feet wide.
- Rear yard. There shall be a rear yard of not less than 75 feet in depth in which no structure shall be erected.
- Highway setback lines. Highway setback lines shall be the same as that required in Section 7.18.
- Standards for granting of special exception permits.
Special exception permits shall be granted only when the
location of each such use shall have been approved in writing
by the Sauk County Board of Adjustment, after public hearing,
and after a view of the proposed site or sites. Any permits
issued shall be consistent with the general purpose and
intent of this district and ordinance and shall be based
on such evidence as may be presented at the public hearing
in consideration of the following relevant factors:
- The effect of the proposed use on rare or irreplaceable natural areas including, but not limited to, significant environmental, historical, archaeological or geological areas.
- That consideration be given relative to individual town land use plans; in particular the goals, objectives and policies of these plans.
- Need for public services created by the proposed use.
- Potential for conflict with agricultural uses.
- Availability of alternative locations.
- Provide responsible surface water management.
- Destruction of high quality woodlots.
- Potential for conflict with wildlife management.
- Historical use of the property and continuity
of ownership prior to enactment of this district.
7.10A Resource Conservancy District - 5.
- Purpose. The purpose of this district is to protect, maintain, and enhance woodlands, bluffs, wildlife corridors, scenic areas, significant natural areas, and farmland within Sauk County. Regulation of these areas will serve to control erosion and will promote the rural character and natural beauty of the County while seeking to assure protection of areas with significant topography, natural watersheds, ground and surface water, wildlife habitat, recreational sites, archeological sites, and other natural resource characteristics that contribute to the environmental quality and economic diversity of the County. This policy is intended to reduce the adverse pressures upon farming caused by speculative land values and consequent increases in property taxes on farmlands.
- In order to protect significant wildlife habitat, natural
vegetation, geologic, natural and scenic features, no land
shall be used and no building shall hereafter be erected
or moved except in accordance with the regulations specified
below:
- Permitted uses.
- General farming, including dairying, alternative/sustainable, livestock raising, poultry raising, grazing; except that no building for the housing of livestock or poultry shall be located within 300 feet of any boundary of a residential or commercial lot other than that of the owner or lessee of such building containing such livestock or poultry.
- Raising of grain, vegetables, mint and seed crops, nuts and berries.
- Greenhouses, nurseries, orchards, floriculture, viticulture, horticulture, sodfarming.
- Beekeeping.
- Forest and game management; nature trails and walks.
- Forest preservation and reforestation.
- One single-family dwelling for the owner of a lot or parcel over 5 acres, or up to two (2) per farm operation, for the farm operator, parents or children of the farm operator, or hired persons deriving at least fifty percent (50%) of their income from the farm operation; with the provision that the second dwelling may be a mobile home when the occupant, or head of the occupant household, of such trailer or mobile home is employed in connection with the farm operation; provided that no such trailer or mobile home shall be located closer to the highway than the farm residence.
- One (1) single-family dwelling, on parcels of less than 5 acres which are lots of record at the time of adoption of this district.
- Pre-existing buildings and premises located in areas subject to zoning under this district may be continued in lawful use and shall not be subject to any limitations imposed or authorized under Section 7.13(1)(f) "Nonconforming uses" of this ordinance. Such preexisting residences may be altered, repaired or rebuilt if destroyed, but shall be subject to setback, height and other dimensional requirements.
- Farm dwellings and structures accessory thereto which remain after farm consolidation may be separated from the farm lot into a parcel of not less than one (1) acre.
- Garages and other similar structures or uses accessory to permitted residential uses.
- Electric and gas utility uses including, but not limited to poles and lines, substations and gas lines.
- Camping subject to the regulations identified in Subsection 7.13(7).
- Cottage industries and any uses permitted in Section 7.03(2)(i) and (j), when such occupation is incidental to the residential use of the premises; for the production, sale, offering of services, and keeping of stock in trade provided that no article is sold to walk in, retail customers, except that which is produced by such cottage industry and that no more than one (1) person other than a member of the resident family is employed on the premises. No material, product or vehicle to be serviced by the cottage industry may be stored or displayed outdoors. No activity is allowed that might result in excessive noise, smoke, dust, odors, heat, or glare beyond that which is common to a residential and/or agricultural area. No. activity is allowed which involves the use or manufacture of products or operations that are dangerous in terms of risk of fire, explosion, or hazardous emissions.
- Signs meeting the requirements set forth in Section 7.05(2)(h) of this ordinance. Allow a cottage industry to erect one (1) sign that lists the name and/or type of business. This sign shall not exceed eight (8) square feet in gross area and shall be in compliance with Section 7.13(1)(j).
- Ponds or lakes greater than 110 feet from a road or property lines; power plants flowage areas, dams.
- Limited, short term nonmetallic extraction may be permitted by the Planning and Zoning Office after an operational plan, reclamation plan and ownership/management data has been submitted and approved in writing by the Planning, Zoning and Land Records Committee as specified in Sections 7.05(2)(k)19a, b, and c. Limited short term mineral extraction shall be considered as those operations which will not involve any blasting for aggregate removal and will be commenced and completed within twelve (12) months from the date of permit issuance, and will be limited to not more than five (5) acres in an area. Upon completion of the project, the contractor and/or subcontractor shall within a 60 day period or at a time deemed appropriate by the Planning and Zoning Office complete and comply with the reclamation plan as submitted. The Planning and Zoning Office shall notify the local municipality(ies) in which the activity is proposed as well as adjoining landowners when a permit application for a short term mineral extraction activity is proposed. Prior to the issuance of a mineral extraction permit a performance bond shall be provided for each site in the amount of three thousand dollars ($3,000.00) minimum, or one thousand five hundred dollars ($1,500.00) per acre, whichever is greater or substitute guarantee in the form of pledged collateral.
- Special Exceptions. The Sauk County Board of Adjustment,
after investigation, viewing of the proposed sites
and public hearing, may authorize the location of
any of the following uses in this district provided
that the location is consistent with the intent of
this ordinance and does not significantly injure
the public health, safety or welfare. The approved
use shall comply with all other regulations for this
district and any reasonable conditions or safeguards
that the Board may impose that are in keeping with
the general intent and purpose of this ordinance.
- Stables, paddocks, and equestrian trails which are commercial in nature.
- Fur farms; fish farms.
- Animal feeding operations as defined by the Department of Natural Resources Chapter NR243 in the Wisconsin Administrative Code.
- Ponds or lakes within 110 feet of a road or property line, power plants, flowage areas, dams.
- Hunting, fishing and sports clubs. If said clubs contain a shooting range, then the standards with 7.05(2)(k)11. shall apply.
- Archery ranges.
- Agricultural related businesses including, but not limited to, farm implement dealers, feed mills, fertilizer dealers, fuel alcohol stills, veterinary services, and sawmills located on the same premises for more than ten (10) days.
- Government uses such as police and fire stations, highway storage garages, schools, parks and camp grounds, airports and landing strips.
- Kennels, if located not less than 1000 feet from any residential building other than that of the owner of such kennel.
- Conditional Uses. The following uses shall be
allowed only after the issuance of a Conditional
Use Permit by the Agency; pursuant to Section 7.12(7)
of this ordinance and are found to be necessary in
light of the alternative locations available for
such uses.
- A Cluster Development in accordance with the provisions of Section 7.12 when the Agency approves a Conditional Use permit in writing.
- Permitted uses.
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building shall exceed a height of 35 feet. See Section 7.13(4)
- Lot area.
- Parcel size. The minimum parcel size to establish a residence, except as provided for in this district shall be five (5) acres.
- For special exceptions. The minimum lot size shall be specified in the special exception permit, but shall meet all highway and water setbacks, sanitary requirements, rear and side yard setbacks and parking requirements.
- Floor areas. Buildings used in whole or in part for residential purposes which are hereafter erected, moved or structurally altered shall have a floor area of 750 square feet. See Section 7.02 "Floor area".
- Side yard. For residential structures and accessory structures the aggregate width shall not be less than 50 feet and no single side yard shall be less than 20 feet wide.
- Rear yard. There shall be a rear yard of not less than 75 feet in depth in which no structure shall be erected.
- Highway setback lines. Highway setback lines shall be the same as that required in Section 7.18.
- Standards for granting of special exception permits.
Special exception permits shall be granted only when the
location of each such use shall have been approved in writing
by the Sauk County Board of Adjustment, after public hearing,
and after a view of the proposed site or sites. Any permits
issued shall be consistent with the general purpose and
intent of this district and ordinance and shall be based
on such evidence as may be presented at the public hearing
in consideration of the following relevant factors:
- The effect of the proposed use on rare or irreplaceable natural areas including but not limited to significant environmental, historical, archaeological or geological areas.
- That consideration be given relative to individual town land use plans; in particular the goals, objectives and policies of these plans.
- Need for public services created by the proposed use.
- Potential for conflict with agricultural uses.
- Availability of alternative locations.
- Provide responsible surface water management.
- Destruction of high quality woodlots.
- Potential for conflict with wildlife management.
- Historical use of the property and continuity of ownership prior to enactment of this district.
7.11 Industrial District.
- Purpose. To identify areas best suited for industrial development because of location, topography, existing streets and utilities, and relationship to other land uses. Uses not compatible with the industry are to be discouraged.
- Use. In the Industrial District, no building or premises
shall be used and no building shall hereafter be erected,
moved or structurally altered unless otherwise provided
for in this ordinance, except one (1) or more of the following
specified uses:
- Warehouse.
- Wholesale product establishment.
- Office.
- The following uses when the location of each use
shall have been approved in writing by the Zoning
Sauk County Board of Adjustment after public hearing,
and after a view of the proposed site or sites:
- Manufacturing.
- Processing.
- Refining.
- Storage.
- . Repair facility.
- Height, yards, area and other requirements.
- Height. Except as otherwise provided in this ordinance, no building shall exceed a height of 80 feet. See Section 7.13(4).
- Lot area. Lot area shall be the same as that required in Section 7.03.
- Side yards. For buildings or parts of buildings erected, moved or structurally altered for residential use, the side yard regulations of Section 7.04 shall apply; there shall be a side yard not less than six (6) feet wide on each side of a building hereafter erected, moved or structurally altered for any other use, and no automobile parking lot, stock pile, waste or salvage pile, equipment storage yard or other accumulation of material or equipment in the open shall be stored or placed in such side yard; provided further that any such side yard which abuts a boundary of a residence district shall be not less than 25 feet wide, unless such residence district boundary lies within a street or alley.
- Rear yard. There shall be a rear yard of not less
than 12 feet in depth, except that:
- Such rear yard shall be increased in depth by three (3) feet for each additional five (5) feet by which the principal building on the lot exceeds 35 feet in height.
- Any such rear yard which abuts a boundary of a residence district shall be not less than 25 feet in depth, unless such residence district boundary line lies within a street, alley or railroad right-of-way; provided that no automobile parking lot, stock pile, waste or salvage pile, equipment storage yard or other accumulation of material or equipment in the open shall be stored or placed in such rear yard, except that loading platforms may be established in a rear yard if it abuts on a railroad.
- Highway setback lines. See Section 7.18.
- Off-street parking. See Section 7.13(6).
7.12 Planned Unit Development (PUD)
- Purpose. The PUD is meant to encourage flexibility in the development of land that may be necessary to permit adjustment to changing public and private needs; to foster the ability to provide development patterns which are more compatible with and effective in meeting such needs, to promote the more efficient use of land so as to preserve and enhance the natural characteristics and unique features of a property; to site development in a location that does not diminish the local character and which preserves agricultural lands and environmentally sensitive areas; to limit the number, size and location of lots to minimize the impacts associated with rural development; to encourage integrated planning to achieve the objectives of the Sauk County Comprehensive Plan, local municipal comprehensive plans and the Sauk County Agricultural Preservation Plan; to preserve open and agricultural areas; to facilitate the adequate and economical provision of streets and utilities; and to conserve the value and character of land. The PUD will allow for flexibility in increasing the intensity of development, while at the same time maintaining the density and use requirements set forth in the applicable zoning district, comprehensive plan(s) or provisions set forth in the Sauk County Agricultural Preservation Plan, whichever is more restrictive.
- Uses. Uses permitted in a PUD shall conform to uses
generally permitted in the applicable zoning district with
the following exceptions:
- PUD Development Areas
- Cluster Development
- One single family residential dwelling unit shall be permitted for each density credit as defined in Section 7.12(5)(a) and the applicable comprehensive plan(s), or the Sauk County Agricultural Preservation Plan, whichever is more restrictive. For parcels within the Exclusive Agricultural District, dwelling units shall not be allowed in the principal conservation area.
- The raising or keeping of farm animals
is permitted contingent upon the following:
- That the parcel is one (1) acre or greater.
- Development and approval of a nutrient management plan by the Sauk County Land Conservation Department.
- The number of animals shall not exceed one animal unit per net acre based on the following ratios; one (1) animal unit equal 1 cow, 2 hogs, 2 sheep, 10 poultry, 1 horse, 1 pony, 1 mule, 10 rabbits, rounded down to the nearest whole acre. For animals not provided for herein and otherwise allowed under the applicable zoning district, the Department shall determine the number of allowed animal units based on a comparison of the animal to the ratios provided herein. Under no circumstances shall the number of animals constitute an unreasonable number that is inconsistent with the provisions of the Cluster Development. For purposes of this calculation, areas of building footprints and driveways shall be excluded from total lot acreage when determining animal units permitted.
- Agricultural uses, provided that no building for the housing of livestock or poultry shall be located within 300 feet of any potable water well located on a separate residential or commercial lot other than the owner or lessee of such building containing such livestock or poultry.
- Conservation Subdivision. Uses permitted within the Single-Family Residential District provided that one single family residential dwelling unit shall be permitted for each density credit as defined in Section 7.12(5)(b) and the applicable comprehensive plan(s).
- Cluster Development
- PUD Preservation Area
- PUD Preservation Areas shall follow the permitted uses allowed within the applicable zoning district with the exception that residential structures and related accessory buildings shall not be permitted.
- The raising or keeping of farm animals is permitted contingent upon the development and approval of a nutrient management plan by the Sauk County Land Conservation Department.
- Agricultural uses and uses consistent with agricultural use shall be allowed, provided that no building for the housing of livestock or poultry shall be located within 300 feet of any potable water well located on a separate residential or commercial lot other than the owner or lessee of such building containing such livestock or poultry.
- PUD Development Areas
- Special Exceptions. Special exception uses permitted
in a PUD shall conform to uses generally permitted in the
applicable zoning district with the following exceptions:
- PUD Development Areas. Special exception uses
permitted by the applicable zoning district shall
be limited to:
- Ponds or lakes within 110 feet of a road or property line.
- Cottage industries in accordance with the definition of Section 7.02(25).
- Governmental uses such as police and fire stations, highway storage garages, schools, parks and campgrounds, airports and landing strips.
- PUD Preservation Area. Special exception uses permitted by the applicable zoning district, except that a PUD Preservation Area zoned as Agricultural shall be limited to the special exception uses provided within the Exclusive Agricultural, Resource Conservancy-5 or Resource Conservancy-35 zoning districts.
- PUD Development Areas. Special exception uses
permitted by the applicable zoning district shall
be limited to:
- Heights, yards, area and other requirements.
- Height restrictions. Buildings erected on lands within a PUD shall not exceed a height greater than the height permitted in the applicable zoning district.
- Lot area. The minimum lot area shall not be less than 20,000 square feet in a Conservation Subdivision and 43,560 square feet for a Cluster Development unless a greater minimum lot size is identified in the applicable comprehensive plan(s) or provisions set forth in the Sauk County Agricultural Preservation Plan, whichever is more restrictive, and provided that space is reserved for the installation of a primary and replacement POWTS.
- Lot coverage. No residential building together with any accessory buildings shall cover in excess of fifty percent (50%) of the lot area.
- Side yards. The standards of the Single-Family Residential District shall be applied, unless a lessor amount is approved in writing by the Agency. Lots bordering lands that are currently used for agriculture or preserved as part of a forest management plan shall have a minimum 100 foot setback between residences and said lands.
- Rear yards. The standards of the applicable zoning district shall be applied, unless a lessor amount is approved in writing by the Agency. Lots bordering lands that are currently used or preserved as part of an agriculture or forest management plan shall have a minimum 100 foot setback between residences and said lands.
- Highway setback lines. Highway setback lines shall be the same as those required in Section 7.18 except that the setback from class C highways may be reduced to 20 feet from the right-of-way for Conservation Subdivisions. Any reduction in right-of-way setback from those required under Section 7.18 must be approved in writing by the Agency.
- Density Policy. Density policies required as part of
the application of a PUD shall be applied in accordance
with the provisions of this Section in addition to Section
22.71 and shall further conform to the following standards:
- Cluster Development.
- The density policy for Cluster Developments is one dwelling unit for each density credit as determined by the applicable zoning district, applicable comprehensive plan(s) or as provided by Table 3.1 Town Plan Provisions of the Sauk County Agricultural Preservation Plan, whichever is more restrictive. The newly developed lot to accommodate the dwelling unit(s) shall not exceed five (5) acres unless additional density credits are utilized. The number of density credits utilized to establish the number, size of lots, and dwelling units shall not exceed the applicable zoning district's maximum density rounded down to the nearest whole number. For the purpose of this calculation, lands subject to a preexisting easement or other similar agreement for the purpose of eliminating development rights shall not be counted toward the calculation of density credits.
- The density policy is defined by the number of credits calculated by the applicable zoning district, applicable comprehensive plan(s), or the Sauk County Agricultural Preservation Plan, whichever is more restrictive in effect at the time of such calculation.
- Density credits may be utilized to establish a set number and size of lots or dwelling units for residential development purposes based on a maximum lot size of up to five (5) acres for each density credit. To determine the maximum allowable acreage for a PUD Development Area, multiply the number of density credits by five (5) acres.
- Application of density credits, as defined in this ordinance, and of a corresponding PUD Preservation Area shall further be applied in accordance with Section 22.71.
- Conservation Subdivision.
- The PUD Development Area(s) shall only be located within a Single-Family Residential District.
- The density policy for a Conservation Subdivision shall require that forty percent (40%) of the total acreage of the original parcel be protected as a PUD Preservation Area while the remaining sixty percent (60%) of the total acreage of the original parcel may be utilized for the subdivision of lands, provided that the density shall not exceed one (1) acre per lot or dwelling unit placed on a lot within the PUD Development Area. The number of density credits utilized to establish the number and size of lots and dwelling units per lot shall not exceed sixty percent (60%) of the total acreage of the original parcel and rounded down to the nearest whole number.
- Cluster Development.
- Procedure. The authority to approve Conditional Use
Permits for the purpose of establishing a PUD is hereby
delegated by the Sauk County Board of Supervisors to the
Agency. In order to create a PUD pursuant to Section 22.71,
a Conditional Use Permit must first be obtained from the
Agency. The procedure to acquire such a Conditional Use
Permit for a PUD is as follows:
- The landowner shall consult with the Department to determine eligibility of establishing a PUD.
- The Department will determine if the land affected by a proposed PUD is subject to a Farmland Preservation Agreement with the Wisconsin Department of Agriculture, Trade and Consumer Protection. If said lands are subject to an Agreement, the landowner will be referred to the Wisconsin Department of Agriculture, Trade and Consumer Protection.
- Utilizing the density policy set forth in the applicable comprehensive plan(s), the applicable zoning district, or the Sauk County Agricultural Preservation Plan, whichever is more restrictive, a density calculation shall be conducted by the Department in order to determine the number of allowable lots and dwelling units within a PUD Development Area.
- An application for a Conditional Use Permit and
PUD shall be made to the Agency on a form provided
by the Department. The application shall be accompanied
by the following information:
- A Development Plan in accordance with the provisions of Section 22.31 which clearly delineates the Principal and Secondary Conservation Areas as well as the proposed PUD Development Area and PUD Preservation Area on a map that is no less than 11 inches by 17 inches with a scale of not more than 1 inch equals 400 feet.
- A written description of how the proposed PUD protects Principal Conservation Areas and substantially protects Secondary Conservation Areas in accordance with the provisions of this ordinance, the Sauk County Agricultural Preservation Plan and the applicable comprehensive plan(s).
- A copy of the density calculation developed
under Section 7.12(6)(c).
4. Written verification that the land is not subject to a Farmland Preservation Agreement, or that said Agreement has been amended or relinquished by the Wisconsin Department of Agriculture, Trade and Consumer Protection to permit a PUD. - A preliminary title report for all lands affected by a PUD Development Area and PUD Preservation Area, and where required, consent to a Preservation Area Easement from holder(s) of any liens that cannot be completely removed on a form acceptable to the Department.
- A draft copy of the Preservation Area Easement in a form acceptable to the town in which the application is being made and Department.
- The Department shall submit a copy of the completed application to the town in which the application is being made for consideration of the Conditional Use Permit for a PUD.
- Following town action on the Conditional Use Permit, the application shall be presented to the Agency for consideration at a public meeting as provided by Section 22.22(3)(c).
- Upon approval of the Conditional Use Permit, the landowner may proceed to obtain a PUD pursuant to Section 22.71 that is inclusive of a Preservation Area Easement and the appropriate land division process.
- Standards for approving a PUD. The Agency may approve
applications for a PUD as a Conditional Use pursuant to
Wis. Stat. §59.69(2)(bm) in the following districts:
Single-Family Residential, Agricultural, Exclusive Agricultural,
Resource Conservancy-35, and Resource Conservancy-5 upon
finding that such PUD is in the public interest after consideration
of the following factors.
- General Standards.
- Adequate public facilities to accommodate development either exist or will be provided within a reasonable amount of time as determined by the Agency.
- Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of affected local units of government to provide such facilities.
- The land proposed for a PUD is suitable for development and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonably adverse effect on rare or irreplaceable natural areas.
- Impacts on principal and secondary conservation areas as determined in Section 22.31(5). For the purposes of applying this standard, Principal Conservation Areas shall be protected from residential uses while Secondary Conservation Areas shall be substantially protected from residential uses. Substantially protected areas shall only be part of a PUD Development Area if the remaining land within a parcel is considered a Principle Conservation Area, when it furthers the preservation of Principal Conservation Areas, or as determined necessary by the Agency when considering alternative locations.
- Whether the development as proposed is located to minimize the amount of agricultural or forest land converted.
- Compatibility with existing or permitted uses on adjacent land.
- Productivity of land involved from an agricultural, forest and conservation perspective.
- Provision of safe and adequate public and emergency vehicle access.
- Consistency with all officially adopted local and county plans and ordinances.
- On lands covered by a Farmland Preservation Agreement, the Agreement must have been referred to the Wisconsin Department of Agriculture, Trade, and Consumer Protection for determination of potential conflicts between a PUD and the terms of the Agreement. If such a determination is made, verification of release or modification and release shall be provided by the Wisconsin Department of Agriculture, Trade, and Consumer Protection for lands within PUD Development Areas before the PUD can be approved.
- Additional Standards for Exclusive Agricultural District.
In addition to the standards listed in subsection (a) above,
the Agency must consider the following standards for PUD applications
within the Exclusive Agricultural District to comply with applicable
portions of Wis. Stat. § 91.75.
- The PUD complies with the definition of a "use consistent with agricultural use" pursuant to Wis. Stat. § 91.01(10) and any applicable portions of Wis. Stat. § 91.75. The Agency shall make written findings thereof as part of the record of its proceedings.
- A PUD and related regulations shall be utilized in conjunction with provisions set forth in the Sauk County Agricultural Preservation Plan or the applicable comprehensive plan(s) and ordinances. For areas zoned Exclusive Agricultural where the local comprehensive plan is less restrictive than the provisions of the Sauk County Agricultural Preservation Plan, the provisions of the Sauk County Agricultural Preservation Plan shall prevail.
- The Wisconsin Department of Agriculture, Trade and Consumer Protection shall be notified by the Agency of all PUD approvals in areas zoned Exclusive Agricultural.
- General Standards.
- A Conditional Use Permit approved pursuant to this Section
shall be revocable by the Agency if the conditions imposed
are violated.
7.13 General Provisions and Exceptions.
- Buildings and uses.
- No provision of this ordinance shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the appropriate laws of the State of Wisconsin.
- No provision of this ordinance shall be construed to prohibit the customary and necessary construction, reconstruction or maintenance of overground or underground public utility neighborhood service lines and mechanical appurtenances thereto, where reasonably necessary for the preservation of the public health, safety, convenience and welfare.
- The use of buildings hereafter erected, converted, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located.
- Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one (1) main building on one (1) lot. Except that this provision shall not apply to Section 7.04 "Multiple-Family Residential District".
- Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which a building permit has been issued before the effective date of this ordinance and the construction of which shall have been started within six (6) months from the date of such permit.
- Nonconforming uses:
- The existing lawful use of a building or premises at the time of the enactment of this ordinance or any amendment thereto may be continued although such use does not conform with the provisions of this ordinance for the district in which it is located, but no building or premises containing a nonconforming use shall be enlarged or extended.
- If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use. A nonconforming use shall not be changed to another nonconforming use of the same classification unless and until a permit therefore shall first have been secured from the Sauk County Board of Adjustment.
- If the nonconforming use of a building or premises is discontinued for a period of 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located.
- When a building containing a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of more than 60 percent (60%) of its current market value as determined by the local assessor, it shall not be restored except in conformity with the regulations of the district in which it is located. The total structural repairs or alterations in any nonconforming use shall not during its life exceed 50 percent (50%) of the market value of the building at the time of its becoming a nonconforming use unless permanently changed to a conforming use.
- Accessory buildings which are not a part of the main building shall not occupy more than 30 percent of the area of the required rear yard and shall not be nearer than three (3) feet to any line, except that where a private garage has an entrance facing on an alley, such entrance shall be located not less than ten (10) feet from the nearest alley line. The above area restrictions shall not apply to accessory buildings on farms, but such accessory buildings shall not be closer than 100 feet to any side lot line. Where an accessory building is a part of the main building or is substantially attached thereto, or is located partly or wholly in front of the rear wall of the main building, the side yard and the rear yard requirements for the main building shall be applied to the accessory building.
- The Sauk County Board of Adjustment, after investigation
and public hearing, may authorize the location of
any of the following buildings or uses in any district
from which they are excluded by this ordinance, provided
that the Board shall find that the proposed location
is necessary in order to serve the public health,
safety, convenience and welfare, and provided further
that each such building or use shall comply with
all other regulations for the district in which it
is proposed to be located and that in the Exclusive
Agricultural District all structures and improvements
must be consistent with agricultural uses as defined
in Wis. Stat. § 91.01(10) and must meet all
applicable standards in Wis. Stat. § 91.75.
To protect the value of neighboring buildings or
uses, the Board may attach reasonable conditions
and safeguards, in line with the general purpose
and intent of this ordinance.
- Cemeteries.
- Fire and police stations.
- Hospitals and clinics, but not veterinary hospitals or clinics.
- Institutions, public or private, of an educational, philanthropic or charitable nature.
- Private clubs or lodges, excepting those the chief activity of which is a service customarily carried on as a business.
- Public utility buildings, structures and lines and their appurtenances, for such purposes as are reasonably necessary for the public convenience and welfare.
- Railroad siding and structures.
- Sewage disposal plants.
- Dependency Living Arrangements, provided that the
following conditions are met as part of the approval
of the Sauk County Board of Adjustment:
- The arrangement shall be permitted only after a septic verification and/or a sanitary permit has been issued by the Department and subsequent issuance of a Sauk County Land Use Permit allowing the construction of the dependency living unit.
- The arrangement shall be limited in duration such that when separate living space is no longer utilized that said living space shall be physically removed altogether from the primary dwelling or incorporated as part of the primary dwelling, and which includes the complete removal of all kitchen facilities and common wall(s) originally separating the dependency living unit from the primary residence.
- Upon cessation of use, the property owner shall to notify the Department as to the destined use of the dependency living unit as specified under above and shall seek a Sauk County Land Use Permit approving the proposed use of the dependency living unit.
- The permit is issued to the owner(s) of the residence and is not transferable.
- The Sauk County Board of Adjustment, after investigation and public hearing, may authorize the change of a nonconforming use to another of the same classification, provided that the Board shall find that the proposed change of use will be no more harmful to the character of the neighborhood than the existing nonconforming use.
- Signs. The requirements and provisions of this
ordinance shall apply to all signs adjacent to highways
erected, moved, altered or reconstructed after the
effective date of June 15, 1971, in any town which
has adopted the County Zoning Ordinance and shall
comply with all applicable regulations of the Wisconsin
Statutes. Unless otherwise provided by this ordinance
or by the Wisconsin Statutes, signs shall be located
in the following manner:
- Permit required. Except as otherwise provided in this ordinance no person shall erect, enlarge, structurally alter or repair within Sauk County, any sign, as defined in this ordinance, without first obtaining a sign permit from the Zoning Administrator and making payment of the required fee.
- Applications. An application for a sign
permit shall be made on forms provided by the
Agency. Every sign shall require a separate
permit. A complete sign application shall contain
the following items:
- A dated and complete application on a form provided by the Agency.
- A detailed plot plan showing all setbacks from road intersections, right of ways, and property lines along with the location of all signs an buildings within 1,000 feet of the proposed sign.
- A diagram showing the shape of the sign, including the face area, which depicts the sign height, width and other general features.
- A plan for the control of woody vegetation that would obstruct the view of the sign from the road.
- Any other information as identified and required by the Agency.
- Permit issued if application in order: It shall be the duty of the Zoning Administrator, upon the application for a sign permit, to investigate same and if it shall appear that the proposed sign is in compliance with all requirements of this ordinance, he shall then issue the sign permit. A separate permit shall be required for each sign. If work authorized under the sign permit has not been started within six (6) months after date of issuance or a time extension obtained, the said permit shall become null and void.
- Fees. Permit fee shall be two dollars ($2.00) per square foot of sign face or fraction thereof. The permit fee shall be paid at the time of application, and no permit may be issued until such fee has been paid.
- Electric power lines. No sign shall be constructed, installed or erected which has less horizontal or vertical clearance from energized electric power lines than required by law or applicable regulations.
- Distance from highway right-of-way.
- No sign may be erected so that any part may extend over the highway right-of-way.
- Signs of whose copy area is 100 square feet or less may be placed at a distance of no less than 20 feet from the right-of-way line of any four lane highway whose directional lanes are separated by a median strip. Signs over 100 square feet must be placed at a distance of no less than 20 feet from such right-of-way.
- Signs of whose copy area is 100 square feet or less may be placed at a distance of no less than 20 feet from the right-of-way line of any two (2) lane highway. Signs over 100 square feet must be placed at a distance of no less than 50 feet from the right-of-way line of any two (2) lane highway.
- Distance between signs. Signs placed along any highway must be at least 500 feet from any other sign.
- Distances from street intersections or from end of taper of entrances or exit ramps. Signs shall not be placed closer than 1,000 feet from the intersection of any street nor from the end of the taper of entrance or exit ramps, except on premise signs as provided in this ordinance.
- Size of signs. The number of square feet in any sign will be determined by measurement of copy area. This does not include trim or poles, unless there is copy on said sections.
- Removal of certain advertising. Any advertising now or hereafter existing which no longer advertises a bona fide business conducted or a product available must be removed within 30 days of written notification from the Zoning Administrator.
- On premise signs.
- On premise signs shall be considered such signs that are erected on the same premises as the business conducted or the product sold as advertised by such sign.
- Such signs shall be exempt from the requirements of this ordinance in regard to the distance between signs and from highway intersections or entrance or exit ramps, except that such signs located near intersections shall not obstruct the vision clearance of said intersection.
- Temporary signs.
- Temporary signs shall not exceed twenty (20) square feet, shall be self-supported, and shall not be placed on any property without the written consent of the owner thereof.
- Temporary signs shall not be erected or placed on any property until an application under 7.13(1)(j)2 above has been received by the Agency and a permit has been issued to the owner of the sign or owner of the property upon which the temporary sign is located.
- Permit fees for a temporary sign shall be five dollars ($5.00) per sign. The permit fee shall be paid at the time of application and no permit may be issued until such fee has been paid.
- Temporary signs shall be removed within thirty (30) days from the date of permit issuance. Failure to make or complete such removal shall result in enforcement actions specified under Section 7.13(1)(j)20 of this ordinance.
- Permits for temporary signs may be renewed for a period of 30 additional days upon approval by the Agency. A temporary sign shall not be located on a property for more than a total of 90 days within a 12 month period beginning on the date of the initial permit.
- Political signs. Political signs are signs
with a political message as that term is defined
in Wis. Stat. § 12.04(1)(b).
- Political signs on residential property as that term is defined in Wis. Stat. § 12.04(1)(c) are exempted from the provisions and regulations of this ordinance except for regulation of distances from highway intersections and end of taper for entrance and exit ramps and obstruction of traffic signals, and except as set out in this subsection.
- Violations of the following provisions
of this subsection are subject to the penalties
specified in Section 7.13(1)(j)20.
- No political sign may be placed in the right of way of any public road.
- No political sign having an area of more than 16 square feet may be placed between the right of way for any road and the structure setback line for the property as set out in Section 7.18.
- Political signs advocating for a particular candidate, party or position specific to a particular election campaign or referendum shall be displayed only during the election campaign period as that term is defined in Wis. Stat. § 12.04(1)(a), plus five (5) days before and after that period.
- Political signs not advocating for any particular candidate, party or position specific to a particular election campaign or referendum may be displayed for 180 consecutive days, after which they must be removed.
- Notwithstanding any other provisions of this subsection, if a political sign meets the requirements of Section 7.13(j)1 through 11 and 14 through 19, and is granted a permit according to the provisions of this ordinance, the time limits in this subsection do not apply.
- Political signs not on residential property as that term is defined in Wis. Stat. § 12.04(1)(c) are not exempt from any provision of this ordinance.
- Exemptions. The provisions and regulations
of this ordinance, except for regulation of
distances from highway intersections and end
of taper for entrance and exit ramps and obstruction
of traffic signals shall not apply to the following
signs:
- Real estate signs not exceeding 12 square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are located.
- Professional name plates not to exceed one (1) square foot in area.
- Bulletin boards, not over 20 square feet in area for public, charitable, or religious institutions when the same are located on the premises of said institution.
- Signs denoting the architect, engineer or contractor when placed upon work under construction and not exceeding 32 square feet in area. Such signs will be removed within thirty (30) days of project completion.
- Memorial signs or tablets.
- Traffic or other municipal signs, legal notices or railroad crossing signs.
- Signs of public service companies indicating danger and aids to service and safety.
- Signs used exclusively to advertise farm products for sale on the premises. Such signs shall not be more than eight (8) square feet in area. There shall not be more than one (1) such sign in either direction along any one (1) highway on any one (1) premise.
- Signs giving the name of a farm or the farm owner. Not to exceed 20 square feet in area.
- Signs not to obstruct traffic signals. No sign allowed by this ordinance shall be erected in any location where by reasons of its position will obstruct the view of any authorized traffic sign, signal, or device.
- General provisions.
- No sign shall be erected that has any flashing or moving parts.
- Lighted signs shall have the lighting shielded to prevent the glare of said lights shining upon the highway.
- Signs not in good repair will not be issued a permit. Signs not issued a permit will be considered condemned. Condemned signs shall be removed within 30 days following notification by the Zoning Administrator, or penalties of this ordinance will be evoked.
- All signs will have a permit number clearly shown on the face of the sign.
- Construction, appearance and maintenance
of signs.
- No sign shall be maintained by persons or vehicles located within the highway right-of-way.
- All signage within the jurisdiction of this Section shall remain in a state of proper maintenance. Proper maintenance shall be the absence of loose materials (including peeling paint, paper or other material), the lack of excessive rust, the lack of excessive vibration and shaking, and the presence of the original structural integrity of the sign, its frame and other supports, its mounting, and all components thereof.
- The repainting, changing of parts, and preventative maintenance of signs which completely conform to the requirements of this Section, and result in absolutely no change in the structural appearance of the sign from that originally approved, shall not be deemed as alterations requiring a sign permit.
- The owner, lessee, manager of a sign, or the owner of the land on which the same is located, shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the property on which the sign is located.
- Any signs which may be, or may hereafter become rotted, unsafe, or in a state which is not properly maintained shall be repaired or removed by the licensee or owner of the sign, or owner of the property upon which the sign stands upon notice by the Zoning Administrator.
- All signs shall be constructed, mounted and maintained so as to comply with applicable State Building and Electrical Codes.
- The base of signs shall be landscaped so as to conceal footings, mountings, brackets, and related structural elements.
- The back of all signs shall be painted an earth-tone color.
- Nonconforming existing signs. The provisions of this ordinance with reference to existing signs not conforming to this ordinance at the time of its effective date shall not be considered to have a retroactive effect. When a structural change is applied for, such sign must comply with all sections of the ordinance. Said existing and nonconforming signs shall not be exempt from the payment of fees set for permit fees.
- Revocation of permit and removal of signs.
- The Zoning Administrator is hereby authorized and empowered to revoke any permit previously issued upon failure of the holder to comply with any provisions of this ordinance.
- If a sign is determined by the Zoning Administrator to be defective, has been abandoned, or has been maintained so as to be dangerous to the public health and safety, then the Zoning Administrator shall notify the sign permit holder or the owner of the property on which the sign is located that such violation must be corrected within thirty (30) days of receipt of such notice.
- If the Zoning Administrator sends such notice and the violation is not corrected within thirty (30) days, the Zoning Administrator shall revoke any sign permit for the defective or dangerous sign and shall order the sign to be removed at the expense of the sign permit holder or the owner of the property on which the sign is located within thirty (30) days. If after 30 days, the sign has not been removed, the Zoning Administrator may cause the sign to be removed with the cost thereof to be billed to the property owner or seek corrective relief through court order.
- Penalties. Any person violating any of the provisions of this ordinance, upon conviction thereof, shall pay and forfeit not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) for each violation. Each day such violation is committed or permitted to continue shall constitute a separate offense.
- Appeals may be taken to the Sauk County Board of Adjustment as provided in Section 7.17(3).
- Liability for damages. The provisions of this ordinance shall not be construed as relieving or limiting in any way the responsibility or liability of any person erecting or owning any sign for personal injury or property damage resulting from the negligence or willful acts of such person, its agents, employees, or workmen, in the construction, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor shall it be construed as imposing upon the County, its officers, or employees any responsibility or liability, by reason of the approval of any signs, materials, or devices under the provisions of this ordinance.
- Planning commission. Each town which exercises village powers shall have a planning commission consistent with Wis. Stat. § 60.62(4)
- Area regulations.
- No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.
- Any lot or parcel shown on a recorded subdivision, plat or assessor's plat, or conveyance and recorded in the office of the Register of Deeds for Sauk County prior to the adoption of the ordinance for Sauk County may be used as a building site, or for any purpose permitted by this ordinance, even though such lot or parcel does not conform to the minimum frontage or area requirements of the district in which it is located; provided, however, that no multiple-family dwelling, or residential unit in combination with some other use, shall be erected, structurally altered or converted in use on any lot having a width of less than 50 feet, except by special permit from the Sauk County Board of Adjustment.
- Any lot or parcel shown on a recorded subdivision, plat or assessor's plat or conveyance and recorded in the office of the Register of Deeds for Sauk County prior to the adoption of this ordinance, may be increased in size by the addition of all or part of the adjoining lots or parcels, and such resulting lots or parcels may be used for any purpose permitted in the district in which they are located even though by such addition, the side yard, open space and percentage of occupancy provisions for lots of the resulting size shall apply; and providing further that after buildings have been erected on such lots or parcels their area or width shall not thereafter be reduced, except in conformity with the provisions of this ordinance.
- Buildings used in whole or in part for single-family or two-family residential purposes shall have a floor area of not less than 750 square feet per dwelling unit, provided that this regulation shall not apply to mobile homes placed per Section 7.03(2)(m). Buildings in the Wetland District shall have a floor area of not less than 400 square feet as established by Section 7.07(e)(c).
- Height regulations.
- Except as otherwise provided in this ordinance, the height of any building hereafter erected, converted, enlarged or structurally altered shall be in compliance with the regulations established herein for the district in which such building is located.
- A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet.
- Churches, schools, hospitals, sanitariums and other public and quasi-public buildings may be erected to a height not exceeding 75 feet, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one (1) foot for each foot of additional height over the limit otherwise established for the district in which such building is to be located.
- Farm buildings not for human habitation, ornamental structures, amusement park facilities, power transmission poles, lines, and necessary mechanical appurtenances, and accessory structures essential to the use or protection of a building or to a manufacturing process carried on therein, are hereby exempted from the height regulations of this ordinance and may be erected in accordance with other regulations or ordinances of Sauk County; provided that any such structure which is accessory to a building in a residence district, or to a building on a residential lot in the Agricultural District, shall be located not less than 25 feet from any lot line; and provided further that any such structure on farm property shall be located not less than 25 feet from the nearest lot line of any adjoining residential lot.
- Residences may be increased in height by not more than ten (10) feet when all yards and other required open spaces are increased by one (1) foot for each foot by which such building exceeds the height limit of the district in which it is located.
- Where a lot abuts on two (2) or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
- On through lots which extend from street to street, the height of the main building may be measured from the average elevation of the finished grade along the end of the building facing either street.
- Front, side and rear yard regulations.
- No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be included as part of a yard or other open space required for another building.
- Except as otherwise provided in this ordinance, any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards or courts in the two (2) districts which abut the district boundary line.
- No part of any building which has a setback less than is required by this ordinance shall be enlarged or structurally altered within the front yard established by the setback required by this ordinance for the district in which such building is located.
- Buildings on through lots and extending from street to street may waive requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be complied with.
- When the side line of an interior lot coincides wholly or partly with the rear line of an abutting corner lot and the setback for the main building on the corner lot is less than the setback required by this ordinance on such interior lot, the setback for the building on such interior lot may be modified so as to be midway between the setback for the building on the corner lot and the setback otherwise required by this ordinance. In the case of interior lots having frontage on two (2) streets, no accessory building shall extend into the setback area of either street.
- Every part of a required yard shall be open and
unoccupied by any structure from the ground upward,
except as follows:
- Detached accessory buildings may be located in the rear yard, or in the side yard of a main building, provided an additional side yard, equal to that otherwise required for the main building is provided.
- Sills, belt courses, cornices, canopies, eaves or ornamental architectural features may project into a required yard not more than 30 inches; provided that no such feature shall project over a street line.
- Bay windows, balconies and chimneys may project into required yard not more than three (3) feet in any case, but not more than 20 percent of the width of any side yard which does not abut on a street; provided that the total length of such projections is not more than one-third (1/3) of the building wall on which they are located.
- Fire escapes may project into a required yard not more than five (5) feet in any case, but not more than 20 percent (20%) of the width of any side yard which does not abut on a street; provided that no such fire escape need be less than three (3) feet in width.
- Uncovered steps and landings may project into a required yard not more than six (6) feet in any case, but not more than 20 percent of the width of any side yard which does not abut on a street; provided that no such steps or landings shall extend above the main or entrance floor, except for a railing no more than three (3) feet in height.
- Platforms, walks and drives extending not more than six (6) inches above the average ground level at their margins, and retaining walls when the top of such walls are not more than six (6) inches above the average level of abutting ground on one (1) side, may be located in any yard.
- Fences, walls and hedges may be located
as follows:
- Solid fences and walls more than six (6) feet in height shall be considered as buildings, and the appropriate requirements of this ordinance shall be applied accordingly.
- Fences, walls and hedges shall not exceed three and one-half (3½) feet in height when located in a front yard or in the street side yard of a corner lot.
- Fences, walls and hedges shall not exceed two and one-half (2½) feet in height when located within a vision clearance triangle, except for retaining walls used to hold ground at or below its natural level, and fences so designed and constructed as not to constitute a substantial obstruction to the view of motorists and pedestrians across the vision clearance opening from one (1) street to another.
- Motor vehicles and parking.
- In the residence districts not more than half the space in any private garage may be rented for the storage of the private passenger vehicles of persons not resident on the premises, except that all of the space in a private garage having a capacity of not more than two (2) such vehicles may be so rented.
- In the residence districts, no commercial motor vehicle exceeding five (5) tons rated capacity shall be stored in any private garage.
- In the Commercial or Industrial District, wherever a lot abuts upon a public or private alley, sufficient loading space shall be provided on the lot or adjacent thereto in connection with any business or industrial use so that the alley shall at all times be free and unobstructed to the passage of traffic.
- One (1) off-street parking space shall be 216 square feet in area, exclusive of adequate ingress and egress driveways to connect with a public thoroughfare. A single stall garage, or one (1) stall in a multiple stall garage, may replace any single required parking space.
- No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking space below the required minimum.
- No parking spaces required under this ordinance may be used for any other purpose provided, however, that open spaces required by this ordinance for setback and side yards may be used for such parking spaces or approaches thereto, except where otherwise provided in this ordinance, provided that on corner lots there shall be no parking in a vision clearance triangle.
- All parking spaces shall be graded and drained so as to prevent the accumulation of surface waters.
- Parking lots containing ten (10) or more parking spaces which are located in the residence districts or adjoin residential lots shall be screened along side or sides of such lots which abut the lot lines of residential lots by a solid wall, fence, evergreen planting of equivalent opacity or other equally effective means, built or maintained at a minimum height of four (4) feet. If parking lots so located are lighted, the lights shall be so shielded as to prevent undesirable glare or illumination of adjoining residential property.
- Parking spaces required:
- Multiple-family dwellings shall provide one (1) off-street parking space for each family for which accommodations are provided in the building plus one (1).
- Roadside stands shall provide not less than five (5) parking spaces at the place of business off the right-of-way of the highway.
- Establishments offering curb service or service to customers who remain in their vehicles, shall provide at least five (5) off-street parking spaces for each person employed to serve such customers.
- Retail or local business places, banks, offices and professional offices and personal service shops shall provide at least one (1) off-street space for each 300 square feet of ground floor area, plus at least one (1) additional parking space for each 500 square feet of upper floor area.
- Buildings combining business and residential use shall provide at least one (1) off-street parking space for each 300 square feet of area devoted to business use, plus at least one (1) parking space for each family for which accommodations are provided on the premises.
- Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall provide at least one (1) parking space for each seven (7) seats.
- Lodging houses and dormitories shall provide at least one (1) parking space for each two (2) guest rooms.
- Medical, correctional or charitable institutions shall provide at least one (1) parking space for each two (2) rooms for patients, clients, guests or persons detained on the premises, plus at least one (1) additional parking space for each three (3) persons employed on the premises.
- Restaurants, taverns and similar places for eating and refreshments, except curb service establishments, shall provide at least one (1) parking space for each 50 square feet of floor space devoted to the use of patrons.
- Funeral homes and mortuaries shall provide at least one (1) parking space for each 50 square feet of floor space devoted to parlors.
- Bowling alleys shall provide at least five (5) parking spaces for each alley.
- Garages and service stations shall provide adequate off-street parking space to prevent the parking of vehicles, waiting to be serviced or repaired, on the public street or highway.
- Industrial uses, warehouses, laboratories and research institutions shall provide at least one (1) parking space for each four (4) employees on the premises at any time, plus at least one (1) additional space for each vehicle operated in connection with such use, for which parking on the premises is required.
- Parks and playgrounds, recreation camps and mobile home camps shall furnish parking spaces as required by the regulations governing each of these uses.
- Any use not specifically named herein shall be assigned by the building inspector to the most appropriate of the above classifications when application is made to him for a building permit. If such determination is not acceptable to the applicant, appeal may be made to the Sauk County Board of Adjustment which shall decide the matter at a public hearing.
- Camping Provisions
- Agricultural District, 7.05
- Camping when located on the same lot as
an existing residential dwelling shall be allowed
subject to the following conditions:
- No camping permit shall be required.
- No more than two (2) camping units shall be allowed on any lot or parcel of land under one (1) ownership, except as provided in Subsection 7.13(7)(a)3.
- Loud or rowdy behavior which is disruptive to the peace of other persons shall be prohibited.
- State approved sanitary systems shall be available.
- Camping stays shall last no longer than 15 consecutive days.
- Camping when located on a lot or parcel
where an existing residential dwelling does
not exist shall be subject to the following
conditions:
- An owner of record of any lands being used for camping shall either be personally present or have provided written permission to those persons actually camping.
- No more than two (2) camping units shall be allowed on any lot or parcel of land under one (1) ownership, except as provided in subsection 7.13(7)(a)3.
- Approved sanitary provisions, such as state approved systems, metro units, self-contained units or commercially available portable toilet units shall be available.
- A camping permit is issued by the Department. A fee of twenty dollars ($20.00) shall be charged.
- Camping stays shall last no longer than 15 consecutive days and at the completion of such stay all camping units and/or equipment shall be removed.
- Land disturbance activities likely to result in significant erosion, destruction of vegetation or alteration of existing topography, insofar as primarily related t o any proposed camping, shall be prohibited.
- Arrangements shall be made for the proper disposal of trash and garbage. Littering shall be prohibited.
- Loud or rowdy behavior which is disruptive to the peace of other persons shall be prohibited.
- Camping by organizations, groups, or more
than two (2) camping units on any lot or parcel
under one (1) ownership outside of licensed
campgrounds shall be allowed under the following
conditions:
- The conditions set forth in Subsection 7.13(7)(a)2.a., f. and g. shall be complied with.
- State approved sanitary provisions shall be available.
- Camping is limited to no more than three (3) days during any one (1) stay and each stay shall occur no more than three (3) times a year. Permits for an additional consecutive stay of three (3) days may be approved by the Zoning Administrator if it appears that allowing such an extension would be consistent with the spirit and intent of this Subsection.
- Loud, rowdy behavior or other activities likely to disturb the peace and enjoyment of other persons shall be prohibited and controlled by the permittee.
- Sufficient land area shall be available to accommodate all campers.
- A permit is issued by the Department. A fee of twenty dollars ($20.00) shall be charged.
- Camping when located on the same lot as
an existing residential dwelling shall be allowed
subject to the following conditions:
- Wetland District, 7.07
- Camping shall be allowed pursuant to the conditions set forth in Subsection 7.13(7)(a)2.
- Camping by organizations, groups, or where more than two (2) camping units are located on any one (1) lot or parcel shall be allowed pursuant to the conditions set for in Subsection 7.13(7)(a)3.
- Agricultural District, 7.05
- Mineral extraction. Pre-existing mineral pits, mines
and quarries on which an operation plan was submitted to
the Department prior to October 27, 1986, shall be permitted
without a special exception permit providing:
- Ownership or control rights of the site remains the same as on the application.
- All extraction and processing activities remain within the boundaries as stated in the permit.
- Within five (5) years from the date of adoption of this Subsection 7.13(8), a reclamation plan as stated in 7.05(2)(k)19c shall be submitted to the Department for approval on each permitted site.
7.14 Building Permits, Certificates of Occupancy and Use.
- Office. The office of building inspector shall be under
the supervision of the Zoning Administrator. The building
inspector shall supervise and inspect all building activity
and assist zoning activity as directed by the Administrator
and the Agency.
Legal counsel shall be specified by resolution of the Agency and approved by the Sauk County Board of Supervisors. The appointed legal counsel shall expeditiously prosecute all violations, process all zoning variance appeals and keep a record of all Sauk County Board of Adjustment proceedings when in session. It shall be the duty of the Zoning Administrator and all his deputies to enforce this ordinance.
- Deputy building inspectors.
- The building inspector may have deputy building inspectors in the towns which shall elect to become subject to the County Zoning Ordinance when a qualified person responsible to and approved by the town board is named by resolution of the town board, subject to approval only upon recommendation of the Agency and the Zoning Administrator.
- Deputy building inspectors shall collect fees and issue permits as directed by the Agency in accordance with a schedule adopted by an annual resolution of the Board of Supervisors.
- Regulations.
- No building, sign or other structure or any part thereof shall hereafter be built, enlarged, altered, or moved within the area subject to the provisions of this ordinance until a building permit has been applied for in writing and obtained from the building inspector. Such permits shall be posted in a prominent place on the premises prior to and during the period of construction, alteration or moving. Forms for application for building permits shall be supplied by the building inspector and a record of all permits issued shall be kept in the office of the building inspector.
- All applications for a building permit shall be accompanied by a location sketch drawn to scale, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location of the building on the lot, the existing or intended use of building, the number of families to be accommodated, the distances between the nearest point on the building and the center line of the highway, and other information with regard to the proposed building and neighboring lots and buildings as may be called for on the application or may be necessary to provide for the enforcement of this ordinance.
- The term "building" as used in this section shall include any building, structure or use of land which is governed by the requirements of this ordinance, and any substantial alteration in the heating plant, sanitary facilities or mechanical equipment of any such building which would effect a change in its use.
- No County permit shall be required for any of
the following cases, however, town building permits
may be required:
- For any accessory building costing one thousand dollars ($1,000) or less, provided such building conforms to all the setback, yard and open space requirements of this ordinance.
- For any improvements or alterations to an existing building in the amount of one thousand dollars ($1,000) or less which shall not effect a change in the use nor encroach upon any yard or open space.
- For any maintenance repairs regardless of costs.
- For permanent farm buildings, except farm houses.
- Structures not for human habitation which are not permanently fixed to the ground and are readily removable in their entirety with a value of one thousand dollars ($1,000) or less.
- A building permit shall lapse and become void unless the separations described in the permit are commenced within one (1) year from the date of issue of such permit.
- Certificate of occupancy.
- No vacant land shall be occupied or used and no building or structure hereafter erected, altered or moved shall be occupied or used until a certificate of occupancy shall have been issued by the building inspector. Such certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection, alteration, repair or moving of such building shall have been completed in conformity with the provisions of this ordinance and in conformity with the statements of the application for a building permit.
- Under such rules and regulations as may be established by the County Board, the building inspector may issue a temporary certificate of occupancy for part of a building.
- Upon written request from the owner, the building inspector shall issue a certificate of occupancy for any building or premises existing at the time of the adoption of this ordinance, certifying after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this ordinance.
- Fees. Fees shall be reviewed annually by the Sauk County Board of Supervisors and a fee schedule adopted by resolution.
7.15 Boundaries of Districts.
In unsubdivided property, unless otherwise indicated on the map, the district boundary lines are the center lines of streets, highways, railroads, section lines, quarter section lines, quarter-quarter section lines or such lines extended. Where not otherwise indicated on the map, it is intended that the district boundary line be measured at right angles to the nearest highway right-of-way lines and be not less than 300 feet in depth, provided, however, that wherever a Commercial District is indicated on the district map as a strip paralleling the highway, the depth of such strip shall be 300 feet measured at right angles to the right-of-way line of the street or highway to which it is adjacent, unless a different depth is shown on the map. The length of each such strip shall be as shown on the map. When such Commercial District is located at the intersection of streets or highways, the length shall be measured from the intersection of each street or highway right-of-way line included in such district.
7.16 Interpretation and Application.
It is not intended by this ordinance to interfere with, abrogate or annul any existing easements, covenants, or other agreements between parties, nor is it in any way to impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or premises provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises than is imposed or required by such existing provisions of law, ordinance or by such rules, regulations, agreements, covenants, or permits, the provisions of this ordinance shall control.
7.17 Sauk County Board of Adjustment.
- Members. The Chairman of the County Board is hereby
directed to appoint a Sauk County Board of Adjustment according
to Wis. Stat. § 59.694, consisting of five (5) members,
with allowance for payment per diem and mileage, and two
alternate members appointed in accordance with Wis. Stat. § 59.694(2)(bm).
- One (1) member from Sauk County Board of Supervisors, resident of an unincorporated area.
- Three (3) citizen members, residents or officials of those townships within the County which have approved the Sauk County Zoning Ordinance, 1963.
- One (1) member, resident of any unincorporated area.
- No two (2) board members shall reside in the same town and all members shall reside in unincorporated areas.
- Rules.
- The Sauk County Board of Adjustment shall meet at the call of the Chairman, and at such other times as the Sauk County Board of Adjustment may determine, at a fixed time and place. Compensation shall be at same per diem rate of County Board and mileage.
- All meetings of the Sauk County Board of Adjustment shall be open to the public.
- Any public hearing which the Sauk County Board of Adjustment is required to hold under Section 7.17(4)(b) shall be held in a town hall or other place as convenient as may be to the location or locations to be considered at such public hearing, and a full description of the location of such place of hearing by name, address or other commonly known means of identification shall be included in the notice given of such hearing. Other matters upon which the Sauk County Board of Adjustment is required to act may also be heard at any such hearing.
- Notice of any public hearing which the Sauk County
Board of Adjustment is required to hold under the
terms of this ordinance shall specify the date, time
and place of hearing and the matters to come before
the Sauk County Board of Adjustment at such hearing,
and such notice shall be given in each of the following
ways:
- By publication in the official newspaper of the County at least once, not less than ten (10) days prior to the date of such hearing.
- By posting, not less than ten (10) days prior to the date of such hearing, in each of the public places in which official notices are usually published in each town affected by the matters to come before the Sauk County Board of Adjustment at such hearing.
- By certified mail to the parties having a legal interest in any of the matters to come before the Sauk County Board of Adjustment at such hearing.
- The Sauk County Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Sauk County Board of Adjustment and shall be a public record.
- The Sauk County Board of Adjustment shall have power to call on any County department for assistance in the performance of its duties and it shall be the duty of such other departments to render all such assistance as may be reasonably required.
- The Sauk County Board of Adjustment may adopt such rules as are necessary to carry into effect the regulations of the County Board.
- In case of all appeals, the Sauk County Board of Adjustment shall call upon the Agency for all information pertinent to the decision appealed from.
- If a member or members of the Sauk County Board of Adjustment refuse to vote because of a conflict of interest or when a member or members are absent, the alternates to the board shall act with full power, and the practice of the alternates serving shall be consistent with Wis. Stat. § 59.694(2)(bm).
- Appeals. Appeals to the Sauk County Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of Sauk County affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the Sauk County Board of Adjustment, by filing with the building inspector and with the Sauk County Board of Adjustment a notice of appeal specifying the ground thereof. The building inspector shall forthwith transmit to the Sauk County Board of Adjustment all the papers constituting the records upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building inspector shall certify to the Sauk County Board of Adjustment after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would cause eminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Sauk County Board of Adjustment or by a court of record on application or notice to the building inspector and on due cause shown. The Sauk County Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
- Powers and duties. The Sauk County Board of Adjustment
shall have the following powers:
- To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or termination made by the Zoning Administrator.
- To hear and decide special exceptions requests as provided for by this ordinance.
- Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, the Sauk County Board of Adjustment shall have the power, in passing upon appeals, to authorize such variance from the terms of this ordinance as will not be contrary to the public interest and so that the spirit of the ordinance shall be observed and substantial justice done, provided, however, that no such variance shall have the effect of allowing in any district, uses prohibited in that district.
7.18 Highway Setback Lines.
For the purpose of determining the distance buildings and other structures shall be set back from streets and highways, the streets and highways of Sauk County are divided into the following classes:
- Class A highways.
- All state and federal highways are hereby designated as class A highways; provided that this classification shall also include the entire frontage of all those highways which intersect at an interchange.
- The setback line for a class A highway shall be 110 feet from the centerline of the highway or 50 feet from the right-of-way line, whichever is greater. The centerline shall be as shown on the highway plans.
- Class B highways.
- All County trunks are hereby designated as class B highways. For the purpose of this ordinance any road will be considered as a County trunk after it has been placed on the County trunk system by the County Board and approved by the state highway commission.
- The setback line for class B highways shall be 75 feet from centerline of such highway or 42 feet from the right-of-way line, whichever is greater.
- Class C highways.
- All town roads, streets and highways not otherwise classified are hereby designated class C highways.
- For all class C highways setback lines are hereby established, parallel to and a distance of 63 feet from the centerline of such highway or 30 feet from the right-of-way line, whichever is greater.
- Exceptions to required setbacks. A setback less than
the setback required by Section 7.18(1), (2) or (3) shall
be permitted where there are at least three (3) legally
existing buildings owned by others within 250 feet on the
same side of the road as the proposed site and all built
to less than the required setback. In such cases the setback
shall be determined as follows:
- Where two (2) contiguous parcels are occupied,
the setback shall be the average of the setbacks
on each side provided:
- The buildings are legally existing structures and not temporary structures such as corn cribs, feeder pens, etc.
- A road setback for Class A and B roads shall not be less than 30 feet from the right-of-way line.
- Where only one (1) contiguous lot is occupied by a building the setback shall be determined by averaging the required setback with the setback of the adjacent building provided the conditions of 7.18(4)(a) 1. and 2. are met.
- Where two (2) contiguous parcels are occupied,
the setback shall be the average of the setbacks
on each side provided:
- Vision clearance. There shall be a vision clearance triangle in each quadrant of all intersections of highways or streets with other highways or streets and of highways or streets with railroads. Such vision clearance triangle shall be bounded by the highway, street or railroad right-of-way lines and a vision clearance setback line connecting points of each right-of-way line that is located a distance back from the intersection of the right-of-way lines equal to twice the setback required on the intersecting highway or street.
- Structures permitted within setback lines.
- Open fences.
- Telephone, telegraph and power transmission and distribution towers, poles and lines, transformers, substations, repeater stations and similar necessary mechanical appurtenances and portable equipment housings that are readily removable in their entirety. Additions to and replacement of all such structures may be made, provided the owner will file with the County Clerk of Sauk County, an agreement in writing to the effect that the owner will move or remove all new construction, additions and replacements erected after the adoption of this ordinance at his expense, when necessary for the improvement of the highway.
- Underground structures not capable of being used as foundations for future prohibited overground structures; provided that this regulation shall not apply to wells and septic tanks or other means of private sanitary waste disposal.
- Access or frontage roads constructed according to plans approved by the County Highway Committee.
- Permitted signs and signs placed by the public authorities for the guidance or warning of traffic.
- Parking lots.
- Soil conservation practices which meet standards provided in the Sauk County Soil Conservation District Technical Guide.
- This section shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees, except as these may be restricted within a vision clearance triangle by the provisions of Section 7.18(6).
- Structures prohibited within setback lines. No new building, new sign or other new structure or part thereof shall be placed between the setback lines established by this ordinance and the highway except as otherwise provided by this ordinance, and no building, sign or structure or part thereof existing within such setback lines on the effective date of this ordinance shall be altered or enlarged in any way that increases or prolongs the permanency thereof, or be reconstructed in its original existing location after having been destroyed by fire, storm or other catastrophe to the extent of 60 percent (60%) or more of its current market value as determined by the local assessor, unless such alteration, enlargement or reconstruction shall have been ordered by the Sauk County Board of Adjustment, after public hearing and a view of the premises.
7.19 Changes and Amendments.
- General. The Board of Supervisors of Sauk County may from time to time amend, supplement or change by ordinance the boundaries or districts or regulations herein established. Any proposed change shall first be submitted to the Agency for its recommendation and report. Any comprehensive ordinance revisions or ordinance amendments extending Exclusive Agricultural District coverage to new towns must be certified by the Land and Water Conservation Board in order for landowners to receive farmland preservation program tax credits.
- Procedure. The County Board may amend the regulations
or an ordinance or change the district boundaries. The
procedure with reference to such amendments or changes
shall be as follows:
- A petition for amendment of any County zoning ordinance may be made by any property owner in the area to be affected by the amendment, by the town wherein the ordinance is in effect, by any member of the County Board to consider County zoning matters as provided in § 59.97(2)(A) Stats. Such petition shall be filed with the County Clerk who shall present it to the Agency at its next regular meeting.
- Upon receipt of such petition by such agency it shall call a public hearing thereon. Notice of the time and place of such hearing shall be given by publication of a Class II notice. A copy of such notice shall be mailed by registered mail to the town at least ten (10) days prior to the date of such hearing.
- As soon as possible after such public hearing, the agency shall act on such petition either approving, modifying and approving or disapproving of the same. If its action is favorable to granting the requested change or any modification thereof, it shall cause an ordinance to be drafted effectuating its determination and shall submit such proposed ordinance directly to the County Board with its recommendations. If the agency after its public hearing shall recommend denial of the petition it shall report its recommendation directly to the County Board with its reasons for such action. Proof of publication of the notice of the public hearing held by such agency and proof of the giving of notice to the town clerk of such hearing shall be attached to either such report.
- Upon receipt of such agency report the County
Board may adopt the ordinance as drafted by the zoning
agency or with amendments, or it may deny the petition
for amendment, or it may refuse to deny the petition
as recommended by the agency in which case it shall
refer the petition to the agency with directions
to draft an ordinance to effectuate the petition
and report the same back to the County Board which
may then adopt or reject such ordinance.
In case a protest against a proposed amendment is filed with the County Clerk at least 24 hours prior to the date of the meeting of the County Board at which the report of the zoning agency is to be considered, duly signed and acknowledged by the owners of fifty percent (50%) or more of the area proposed to be altered, or by abutting owners of over fifty percent (50%) of the total perimeter of the area proposed to be altered included within 300 feet of the parcel or parcels proposed to be rezoned, action on such ordinance may be deferred until the zoning agency has had a reasonable opportunity to ascertain and report to the County Board as to the authenticity of such ownership statements. Each signer shall state the amount of area or frontage owned by him and shall include a description of the lands owned by him. If such statements are found to be true, such ordinance shall not be adopted except by the affirmative vote of three-fourths of the members of the County Board of Supervisors present and voting. If such statements are found to be untrue to the extent that the required frontage or area ownership is not present such protest may be disregarded.
- Any such amendatory ordinance when so adopted shall within seven (7) days thereafter be submitted in duplicate by the County Clerk by registered mail to the town clerk of each town in which lands affected by such ordinance are located. If after 40 days from the date of such adoption a majority of such towns have not filed certified copies of resolutions disapproving the amendment with the County Clerk, the amendment shall thereupon be in full force and effect in all of the towns affected by this ordinance. Any such ordinance relating to the location of boundaries or districts shall within seven (7) days after adoption by the County Board be transmitted by the County Clerk by registered mail only to the town clerk of the town in which the lands affected by such change are located and shall become effective 40 days after the adoption of the ordinance by the County Board unless such town board shall prior to such date file a certified copy of a resolution disapproving of such ordinance with the County Clerk provided that if such town board shall approve of such ordinance, said ordinance shall become effective upon filing of the resolution of the town board approving same with the County Clerk. The County Clerk shall record in his office the date of which such ordinance becomes effective and he shall notify the town clerk of all towns affected by such ordinance of such effective date and also make such report to the County Board, which report shall be printed in the proceedings of the County Board.
- Jurisdiction of lands annexed to an incorporated municipality. When any lands previously under jurisdiction of a County zoning ordinance shall have been finally removed from such jurisdiction by reason of annexation to any incorporated municipality, and after the regulations imposed by the County Zoning Ordinance have ceased to be effective as provided in § 59.97(4a) Stats., the County Board may, on the recommendation of its zoning agency, adopt such amendatory ordinances as shall remove or delete such annexed lands from the official zoning map or written descriptions without following any of the procedures provided in Section 7.19(2)(a) to (f) and such amendatory ordinances shall become effective upon passage and publication. A copy of such ordinance shall be forwarded by the County Clerk to the clerk of each town in which the lands affected were previously located. Nothing in this section shall be construed to nullify or supersede the provisions of Wis. Stat. § 80.64.
- Fee. Pursuant to Wis. Stat. § 59.07(16m) . there is hereby established a filing fee for the filing of petitions to amend the Sauk County Zoning Ordinance, in the amount to be set annually by the Sauk County Board of Supervisors. This fee shall be paid to the County Clerk at the time the petition is presented to the clerk. No petition shall be presented to the County Board by the County Clerk until said fee has been paid to the County Clerk.
7.20 Enforcement and Penalties.
- Any building or structure hereinafter erected, moved or structurally altered or any use hereinafter established in violation of the provisions of this ordinance by any person, firm, association, corporation (including building contractors or his or their agent) shall be deemed an unlawful structure or use.
- The Corporation Counsel may bring an action to enjoin, remove or vacate any use, erection, moving or structural alteration of any building or use in violation of this ordinance and seek fines as provided in subparagraph (3) below.
- The provisions of this ordinance shall be enforced under the direction of the County Board of Supervisors, through the Agency, the Zoning Administrator and the County law enforcement officers. Any person, firm, company, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be subject to a fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) per day as long as the violation shall exist, together with the costs of action, and in default of payment thereof. Compliance therewith may be enforced by injunctional order at the suit of the County or the owner of land within the district affected by the regulations of this ordinance.
7.21 Planning , Zoning and Land Records Committee.
The Planning, Zoning and Land Records Committee shall be composed of five (5) members of the County Board, two (2) of whom shall also be members of the agricultural committee.
Amended May 11, 1971; amended June 15, 1971; amended May 15, 1973; revised March 5, 1975; recodified March 22, 1977; amended May 15, 1979; amended July 21, 1981; amended January 19, 1982; amended March 15, 1983; amended February 21, 1984; amended June 19, 1984; amended July 18, 1984; amended August 21, 1984; amended April 15, 1986; amended June 17, 1986; amended July 8, 1986; amended November 12, 1986; amended December 16, 1986; amended July 26, 1987; amended April 19, 1988; amended August 16, 1988; amended September 10, 1991; amended August 18, 1992; amended July 20, 1993; amended June 20, 1995; amended October 17, 1995; amended April 16, 1996; amended November 11, 1997; amended December 15, 1998; amended July 20, 1999. Amended by the Sauk County Board of Supervisors on October 16, 2001 - Ordinance No. 119-01. Amended by the Sauk County Board of Supervisors on February 19, 2002 - Ordinance No. 31-02. Amended by the Sauk County Board of Supervisors on March 19, 2002 - Ordinance No. 55-02. Amended by the Sauk County Board of Supervisors on August 20, 2002- Ordinance No. 146-02. Amended by the Sauk County Board of Supervisors on September 23, 2003 - Ordinance No.136-03. Amended by the Sauk County Board of Supervisors on February 19, 2004 - Ordinance No. 28-04. Amended by the Sauk County Board of Supervisors on May 16, 2006 - Ordinance No. 54-06.
