County Board Agenda Packet (PDF)

In compliance with the Americans with Disabilities Act, persons needing assistance to participate in this meeting, should contact the Office of the County Clerk (920) 746 -2200. Notification 48 hours prior to meeting will enable the County to make reasonable arrangements to ensure accessibility to that meeting Deviation from the order shown may occur. AGENDA 1. Call Meeting to Order 2. Pledge of Allegiance to the Flag 3. Roll Call by County Clerk 4. Presentation of Agenda 5. Correspondence 6. Public Comment 7. Supervisors Response 8. Approval of Minutes of the January 27, 2026 County Board Meeting 9. County Administrator • Monthly Report on Operational and Capital Projects; Legislative Issues Submitted; and Gifts, Grants, and Donations Received 10. Pending Business/Updates 11. Resolutions • 2026-05 Approval of Donation to the Door County Transportation Department • 2026-06 Approval of Donation to the Aging and Disability Resource Center • 2026-07 Authorizing Staff to Identify and Negotiate the Purchase of Real Estate for the Proposed Middle Emergency Services Station • 2026-08 Support Wisconsin Establishing a Membership with the Multi-State Information Sharing and Analysis Center (MS-ISAC) • 2026-09 Schauer Road Redesign and Reconstruction Project - Transfer of Non-Budgeted Funds 12. Ordinances • Report Text Amendment to the Door County Comprehensive Zoning Ordinance • 2026-02 Amendment to the Text of the Door County Comprehensive Zoning Ordinance 13. Special Reports 14. New Business 15. Oral Committee Reports 16. Review Committee Minutes 17. Review Vouchers, Claims and Bills 18. Announcements • Next County Board Meeting: Tuesday, March 24, 2026 - 9:00 a.m. • County Board lunch at the ADRC, following March 24, 2006 meeting, 12:00 p.m. 19. Adjourn Tuesday, February 24, 2026 10:00 a.m. DOOR COUNTY BOARD OF SUPERVISORS Door County Government Center County Board Room (C101), 1st floor 421 Nebraska Street, Sturgeon Bay, WI This meeting will be conducted by teleconference or video conference. Members of the public may join the meeting remotely or in-person. To attend the meeting via computer: Go to: https://us02web.zoom.us/j/824741584 70?pwd=gay6cXtpG99n3RbxblqMwc7 5cbwvxq.1 Meeting/Webinar ID: 824 7415 8470 Passcode: 374433 To connect via phone: Call 1-312-626-6799 Page 1 of 123 Call Meeting to Order The meeting was called to order at 10:02 a.m. by Chairman David Englebert at the Door County Government Center. Chairman Englebert led the Pledge of Allegiance. Roll Call by County Clerk Roll call was taken – 18 County Board Members were present – David Englebert (D1), Todd Thayse (D2), Nancy Robillard (D4), Jeff Miller (D5), Ken Fisher (D6), Claire Morkin (D7), Collin Jeanquart (D8), Ryan Shaw (D9), Philip Rockwell (D10), Morgan Rusnak (D11), Nissa Norton (D12), Dale Vogel (D13), Hugh Zettel (D14), Elizabeth Gauger (D15), David Enigl (D16), Bob Bultman (D17), Vinni Hancock (D18), and Walter Kalms (D20). 1 County Board Member was excused - Joel Gunnlaugsson (D21). District 3 and District 19 are vacant. Presentation of Agenda Motion by Norton, seconded by Jeanquart to approve the agenda. Motion carried by voice vote. Correspondence • K. Forrest Email Public Comment The following persons comments: • Travis Thyssen, Town of Gibraltar Administrator, 4097 Main St, Fish Creek Supervisors Response • Supervisor Thayse provided a response and explanation to the email from Kelly Forrest. Approval of Minutes of the December 16, 2025 County Board Meeting Motion by Robillard, seconded by Rusnak to approve the minutes of the December 16, 2025 County Board Meeting. Motion carried by voice vote. County Administrator Monthly Report on Operational and Capital Projects Administrator Pabich provided an overview of the report included in the meeting packet. Pending Business/Updates No pending business or updates were presented. Resolutions 2026-01 Proclamation: Honoring The 100th Anniversary of the Door County Historical Society Motion by Thayse, seconded by Gauger to approve Resolution 2026-01 – A Proclamation thanking the Door County Historical Society for its contributions to the County’s programs and services, recognizing and celebrating the Door County Historical Society on its 100th anniversary, and encouraging all residents to join in honoring this remarkable milestone and the Society’s century of service to our community. Door County Historical Society Director Amy Frank thanked the Board for the proclamation honoring the 100th Anniversary. Motion carried by voice vote. 2026-02 County Snowmobile Trail Aid, 2026-27 Snow Season Motion by Kalms, seconded by Miller to approve Resolution 2026-27 – Authorization to apply for aid under Section 23.09(26), Wisconsin Statutes, negotiate, execute, and take all actions necessary to receive the aid and undertake the completed funded projects. Motion carried by voice vote. MINUTES Tuesday, January 27, 2026 DOOR COUNTY BOARD OF SUPERVISORS Door County Government Center County Board Room (C101), 1st floor 421 Nebraska Street, Sturgeon Bay, WI Page 2 of 123 2026-03 Appointment to County Board Subunit: Communications Advisory Technical Subcommittee (CATS) Motion by Thayse, seconded by Gauger to approve Resolution 2026-03 – Confirmation of the appointment of Justin McDonald to the Communications Advisory Technical Subcommittee (CATS) (term expires April 2026). Motion carried by voice vote. 2026-04 Health & Human Services Department Staffing Changes Motion by Norton, seconded by Shaw to approve Resolution 2026-04 – Approval of the staffing changes in Health and Human Services Division to split one FT Administrative Assistant I position into two part time positions and to add 8 hours per week to the Dementia Care Specialist position moving it from a .8 FTE to a 1.0 TE. Health & Human Services Director Joe Krebsbach reviewed the request. Motion carried by voice vote. Ordinances Report Amendment to the Zoning Map of the Town of Gibraltar Motion by Zettel, seconded by Enigl to accept the Report. Skyler Witalison of Stantec, on behalf of Deep Stone Lake LLC and Beach Street LLC, petitions to rezone the upland portions of approximately 19 acres from Light Industrial (LI) to Heartland-3.5 (HL-3.5) and approximately 0.31 acres from Heartland-3.5 (HL-3.5) to Light Industrial (LI). The properties are located at and near 3563 CTH F and include parcel numbers 014-02-34312731E, 014-02-34312734, 014-02-34312743B, 014-02-34312743B2, 014-02-34312734A, 014-02-34312743B4 in the Town of Gibraltar. This rezoning is being requested in order to create a conservation subdivision in the proposed Heartland 3.5 district and for the purpose of continuity for the one parcel in the Light Industrial zoning district. Motion carried by voice vote. 2026-01 Amendment to the Zoning Map of the Town of Gibraltar Motion by Zettel, seconded by Fisher to approve Ordinance 2026-01. Motion carried by roll call vote with all Members present voting Yes. Special Reports Administrator Pabich provided an update to the Board on the recent meetings of the Security Team. The Team is working on reviewing Building Safety Assessment Reports, is working on updates to protocols and plans for emergency situations, and is working on scheduling training exercises. Anything of significance will run through the appropriate committee(s) for review. New Business County Board Chairman David Englebert presented Administrator Ken Pabich with a Years of Service Certificate recognizing and thanking Ken for 10 Years of dedication, and outstanding service to Door County! Oral Committee Reports Supervisor Jeff Miller reported the Finance Committee reviewed the internal audit of the Door County Fair Board. Review Committee Minutes Reviewed. Review Vouchers, Claims and Bills Reviewed. Announcements • Wisconsin Counties Association upcoming Legislative Exchange February • Next County Board Meeting: Tuesday, February 24, 2026 - 10:00 a.m. Adjourn Motion by Thayse, seconded by Norton to adjourn. Motion carried by voice vote. Time: 10:26 p.m. Respectfully submitted by Jill M. Lau, County Clerk Page 3 of 123 COUNTY OF DOOR County Government Center 421 Nebraska Street Sturgeon Bay, WI 54235 Ken Pabich County Administrator (920) 746-2303 kpabich@co.door.wi.gov MEMORANDUM TO: County Board of Supervisors FROM: Ken Pabich, County Administrator DATE: February 24, 2026 RE: Monthly Report __________________________________________________________________________________________ The monthly reports provide an overview of significant operational or capital projects for the organization that are above the ordinary day to day operations of the organization. Capital Projects: • Airport: o What: N/S runway scheduled for spring of 2026. o Status: Working with DOT/FAA on final approval to proceed. • Airport: o What: Maintenance/Snow Equipment building is scheduled for spring of 2026. o Status: Working with DOT/FAA on project approval. • Addressing Signage: o What: Replacing the rural address signs throughout the County. o Status: Crews are working in the Town of Sevastopol. • Emergency Communications: o What: We need to replace our existing analog technology to digital by 2028. This requires new tower locations, new communications equipment and new field equipment for all emergency agencies. o Status: We are issuing the Intent to Negotiate by the end of the month. Approximate timeline for vendor selection is June. • Emergency Services: o What: Analysis on the possible location of a new “central” station. o Status: Presentation is on the agenda. • Fiber Middle Mile: o What: The Project was designated to determine what County infrastructure was needed for our communications and facilities (buildings, parks, etc.). o Status: We are working with NSight to determine our overall network design and needs. • Library: o What: We want to develop a more detailed project scope for the library renovation. o Status: Project was placed on hold until 2026 and the completion of the re-organization project. • Museum / Archives / Former Younkers: o What: We want to determine the best path to move forward with the Museum & Archives project which may or may not include the former Younkers site. o Status: Integrity Engineering is our architect. They completed the initial walk-through last week and they are working on designs. Legislative Issues Submitted: County Title Referred to: Marinette Support Wisconsin Establishing a Membership with the Multi-State Information Sharing and Analysis Center (MS-ISAC) Admin. Committee Page 4 of 123 Page 2 of 2 Legislative Issues Submitted: County Title Referred to: Marathon Requesting Wisconsin Counties Association Lobby State Legislature and Governor on Legislation for Greater Local Control for Wisconsin Counties Admin. Committee Door County Gift, Grant or Donations rec’d since the last report Date Department Type Rec’d From Description or Purpose Amount or Estimated Value 01/07/26 HHS - ADRC Gift DC Comm Foundation-Adam Peronto 50 pounds of yellow onions 30.00 01/12/26 HHS - ADRC Donation D&L Iding Specified Cash Donation-MOW Northern Door 200.00 01/12/26 HHS - ADRC Donation P&C Stratton Specified Education/Events-In memory of Verna Anderson 75.00 01/12/26 HHS - ADRC Donation P&C Stratton Specified Arts & Crafts-In memory of Verna Anderson 75.00 01/26/26 HHS - ADRC Donation Forestville-Maplewood Lions Club Specified Cash Donation - MOW 1,000.00 02/03/26 Transportation Grant WisDOT Specialized Transportation - 85.21 Grant 113,728.00 01/16/25 Facilities & Parks Donation Ardele Brueske Park Bench Donation 3,119.00 01/26/26 Library Donation Friends of Door County Libraries Donation for Forestville Space Upgrade Project 250.00 02/10/26 Transportation Donation City of Sturgeon Bay Donation towards 2025 expenses 16,000.00 02/16/26 Sheriff Grant WI County Mutual ALERT Grant-Drone 2,000.00 Page 5 of 123 ROLL CALL Board Members Aye Nay Exc. Dist. 1 D. Englebert Dist. 2 T. Thayse Dist. 3 vacant Dist. 4 N. Robillard Dist. 5 J. Miller Dist. 6 K. Fisher Dist. 7 C. Morkin Dist. 8 C. Jeanquart Dist. 9 R. Shaw Dist. 10 P. Rockwell Dist. 11 M. Rusnak Dist. 12 N. Norton Dist. 13 D. Vogel Dist. 14 H. Zettel Dist. 15 E. Gauger Dist. 16 D. Enigl Dist. 17 B. Bultman Dist. 18 V. Hancock Dist. 19 vacant Dist. 20 W. Kalms Dist. 21 J. Gunnlaugsson BOARD ACTION Vote Required: Majority Vote of a Quorum Motion to Approve Adopted 1st Defeated 2nd Yes: No: Exc: Reviewed by: , Corp. Counsel Reviewed by: , Administrator FISCAL IMPACT: The donated funds will be used for the specified purpose; no additional County funds are required because of the acceptance of this donation. STW Certification: I, Jill M. Lau , Clerk of Door County, hereby certify that the above is a true and correct copy of a resolution that was adopted on the 24th day of February , 2026 by the Door County Board of Supervisors. Jill M. Lau County Clerk, Door County Resolution No. 2026-05 APPROVAL OF DONATION TO THE DOOR COUNTY TRANSPORTATION DEPARTMENT TO THE DOOR COUNTY BOARD OF SUPERVISORS: WHEREAS, Sec. 59.52(19) Wis. Stats. empowers the County Board to accept 1 donations, gifts, or grants of money for any public governmental purpose within the 2 powers of the County; and 3 4 WHEREAS, Resolution 75 -84 entitled “Gifts, Grants & Donations to the 5 County of Door” requires approval of the Door County Board of Sup ervisors, for 6 acceptance of all donations, gifts, and grants whether in the form of money, or 7 personal or real property; and 8 9 WHEREAS, Pursuant to Rule of Order No. 39, County Board is to be provided 10 notice of and must approve any donation, gift or grant equal to or in excess of 11 $5,000.00 prior to acceptance; and 12 13 WHEREAS, The City of Sturgeon Bay has offered a $16,000 donation to the 14 Door County Transportation Department to support 202 5 expenses for the public 15 transportation provided through Door 2 Door Rides and Door County Connect, and 16 17 WHEREAS, The Administrative Committee has voted to support accepting the 18 aforesaid donation. 19 20 NOW THEREFORE, BE IT RESOLVED, That the Door County Board of 21 Supervisors does hereby authorize the Door County Transportation Department to 22 accept the donation described above. 23 24 SUBMITTED BY: ADMINISTRATIVE COMMITTEE David Englebert, Chair David Enigl Todd Thayse Bob Bultman Nancy Robillard Walter Kalms Elizabeth Gauger 25 Page 6 of 123 ROLL CALL Board Members Aye Nay Exc. Dist. 1 D. Englebert Dist. 2 T. Thayse Dist. 3 Vacant Dist. 4 N. Robillard Dist. 5 J. Miller Dist. 6 K. Fisher Dist. 7 C. Morkin Dist. 8 C. Jeanquart Dist. 9 R. Shaw Dist. 10 P. Rockwell Dist. 11 M. Rusnak Dist. 12 N. Norton Dist. 13 D. Vogel Dist. 14 H. Zettel Dist. 15 E. Gauger Dist. 16 D. Enigl Dist. 17 B. Bultman Dist. 18 V. Hancock Dist. 19 Vacant Dist. 20 W. Kalms Dist. 21 J. Gunnlaugsson BOARD ACTION Vote Required: Majority Vote of a Quorum Motion to Approve Adopted 1st Defeated 2nd Yes: No: Exc: Reviewed by: , Corp. Counsel Reviewed by: , Administrator FISCAL IMPACT: The donated funds will be used for the specified purpose; no additional County funds are required because of the acceptance of this donation. STW Certification: I, Jill M. Lau, Clerk of Door County, hereby certify that the above is a true and correct copy of a resolution that was adopted on the 24th day of February 2026 by the Door County Board of Supervisors. Jill M. Lau County Clerk, Door County Resolution No. 2026-06 APPROVAL OF DONATION TO THE AGING AND DISABILITY RESOURCE CENTER TO THE DOOR COUNTY BOARD OF SUPERVISORS: WHEREAS, Sec. 59.52(19) Wis. Stats. empowers the County Board to accept 1 donations, gifts, or grants of money for any public governmental purpose within the 2 powers of the County; and 3 4 WHEREAS, Resolution 75 -84 entitled “Gifts, Grants & Donations to the 5 County of Door” requires approval of the Door County Board of Sup ervisors, for 6 acceptance of all donations, gifts, and grants whether in the form of money, or 7 personal or real property; and 8 9 WHEREAS, Pursuant to Rule of Order No. 39, County Board is to be provided 10 notice of and must approve any donation, gift or grant equal to or in excess of 11 $5,000.00 prior to acceptance; and 12 13 WHEREAS, The Clare “Katie” Malvetz Charitable Fund of the Door County 14 Community Foundation, Inc. has offered a donation of $7,672.77 to the Aging and 15 Disability Resource Center (ADRC) for an unspecified purpose; and 16 17 WHEREAS, The Health and Human Services Board has voted accept 18 donation as described above. 19 20 NOW THEREFORE, BE IT RESOLVED, That the Door County Board of 21 Supervisors does hereby authorize the Aging and Disability Resource Center 22 (ADRC) to accept the donation from The Clare “Katie” Malvetz Charitable Fund of 23 the Door County Community Foundation, Inc. as described above. 24 25 BE IT F URTHER RESOLVED, That the donation stated above will be 26 administered by the Aging and Disability Resource Center subject to Health and 27 Human Services Board oversight. 28 29 SUBMITTED BY: HEALTH & HUMAN SERVICES BOARD Nissa Norton, Chairperson Philip Rockwell Collin Jeanquart Vinni Hancock Ryan Shaw Mark Kehrberg, MD, MS, FAAP Christa Krause Mark Moeller Deb Doyle Page 7 of 123 ROLL CALL Board Members Aye Nay Exc. Dist. 1 D. Englebert Dist. 2 T. Thayse Dist. 3 vacant Dist. 4 N. Robillard Dist. 5 J. Miller Dist. 6 K. Fisher Dist. 7 C. Morkin Dist. 8 C. Jeanquart Dist. 9 R. Shaw Dist. 10 P. Rockwell Dist. 11 M. Rusnak Dist. 12 N. Norton Dist. 13 D. Vogel Dist. 14 H. Zettel Dist. 15 E. Gauger Dist. 16 D. Enigl Dist. 17 B. Bultman Dist. 18 V. Hancock Dist. 19 vacant Dist. 20 W. Kalms Dist. 21 J. Gunnlaugsson BOARD ACTION Vote Required: Majority Vote of a Quorum Motion to Approve Adopted 1st Defeated 2nd Yes: No: Exc: Reviewed by: , Corp. Counsel Reviewed by: , Administrator FISCAL IMPACT: The 2026 Adopted Budget includes $1,400,000 for the Middle Emergency Services Station project. Approval of this resolution authorizes staff to identify and negotiate purchase terms only; no expenditures will occur as a result of this action. STW Certification: I, Jill M. Lau , Clerk of Door County, hereby certify that the above is a true and correct copy of a resolution that was adopted on the 24th day of February , 2026 by the Door County Board of Supervisors. Jill M. Lau County Clerk, Door County Resolution No. 2026-07 AUTHORIZING STAFF TO IDENTIFY AND NEGOTIATE THE PURCHASE OF REAL ESTATE FOR THE PROPOSED MIDDLE EMERGENCY SERVICES STATION TO THE DOOR COUNTY BOARD OF SUPERVISORS: WHEREAS, the addition of a middle Emergency Services station (“Middle 1 Station”) has been the topic of discussion and financial planning by the County of 2 Door; and 3 4 WHEREAS, on October 28, 2025, the Door County Board of Supervisors 5 adopted Resolution 2025 -84 authorizing staff to investigate and recommend the 6 most appropriate and beneficial location for the proposed Middle Station; and 7 8 WHEREAS, on February 10, 2026, the Judiciary & Public Safety Committee 9 received and reviewed staff’s recommendation that the most appropriate and 10 beneficial location for the proposed Middle Station is in the area between Egg 11 Harbor and Jacksonport , near the intersection of C ounty Highway T and County 12 Highway V; and 13 14 WHEREAS, the Judiciary & Public Safety Committee concurs with staff’s 15 recommendation and recommends that the County Board authorize staff to identify 16 and negotiate the purchase of appropriate real estate in the vicinity of the 17 intersection of County Highway T and County Highway V for the purpose of 18 constructing the Middle Station; and 19 20 WHEREAS, any purchase of real estate shall be contingent upon prior 21 approval by the Door County Board of Supervisors. 22 23 NOW, THEREFORE, BE IT RESOLVED, that the Door County Board of 24 Supervisors hereby authorizes County staff to identify and negotiate the purchase 25 of appropriate real estate in the vicinity of the intersection of County Highway T 26 and County Highway V for the purpose of constructing the Middle Station, with the 27 purchase subject to and contingent upon County Board approval. 28 29 BE IT FURTHER RESOLVED, that staff shall report back to the Judiciary & 30 Public Safety Committee and the County Board with the recommended site and 31 proposed purchase terms prior to any final action. 32 SUBMITTED BY: JUDICIARY & PUBLIC SAFETY COMMITTEE Joel Gunnlaugsson, Chair Philip Rockwell Nancy Robillard Dale Vogel Collin Jeanquart Ryan Shaw Page 8 of 123 Back-up to Resolution 2026-07 Page 9 of 123 Back-up to Resolution 2026-07 Page 10 of 123 Back-up to Resolution 2026-07 Page 11 of 123 Back-up to Resolution 2026-07 Page 12 of 123 Back-up to Resolution 2026-07 Page 13 of 123 Back-up to Resolution 2026-07 Page 14 of 123 Back-up to Resolution 2026-07 Page 15 of 123 5 Minutes: (61 / 306) * 100 = 19.93% Photo 1 Back-up to Resolution 2026-07 Page 16 of 123 10 Minutes: (244 / 306) * 100 = 79.73% Photo 2 Back-up to Resolution 2026-07 Page 17 of 123 15 Minutes: (297 / 306) * 100 = 97.05% Photo 3 Back-up to Resolution 2026-07 Page 18 of 123 Back-up to Resolution 2026-07 Page 19 of 123 Back-up to Resolution 2026-07 Page 20 of 123 Back-up to Resolution 2026-07 Page 21 of 123 ROLL CALL Board Members Aye Nay Exc. Dist. 1 D. Englebert Dist. 2 T. Thayse Dist. 3 vacant Dist. 4 N. Robillard Dist. 5 J. Miller Dist. 6 K. Fisher Dist. 7 C. Morkin Dist. 8 C. Jeanquart Dist. 9 R. Shaw Dist. 10 P. Rockwell Dist. 11 M. Rusnak Dist. 12 N. Norton Dist. 13 D. Vogel Dist. 14 H. Zettel Dist. 15 E. Gauger Dist. 16 D. Enigl Dist. 17 B. Bultman Dist. 18 V. Hancock Dist. 19 vacant Dist. 20 W. Kalms Dist. 21 J. Gunnlaugsson BOARD ACTION Vote Required: Majority Vote of a Quorum Motion to Approve Adopted 1st Defeated 2nd Yes: No: Exc: Reviewed by: , Corp. Counsel Reviewed by: , Administrator FISCAL IMPACT: There is no fiscal impact with the adoption of this resolution. STW Certification: I, Jill M. Lau , Clerk of Door County, hereby certify that the above is a true and correct copy of a resolution that was adopted on the 24th day of February , 2026 by the Door County Board of Supervisors. Jill M. Lau County Clerk, Door County Resolution No. 2026-08 SUPPORT WISCONSIN ESTABLISHING A MEMBERSHIP WITH THE MULTI-STATE INFORMATION SHARING AND ANALYSIS CENTER (MS-ISAC) TO THE DOOR COUNTY BOARD OF SUPERVISORS: WHEREAS, the Multi-State Information Sharing and Analysis Center (MS -1 ISAC) provides vital cybersecurity services, including 24/7 threat monitoring and 2 incident response, to more than 18,000 state, local, tribal, and territorial (SLTT) 3 government organizations supporting our nation's critical infrastructure including 4 public hospitals, public utilities, K-12 school, and law enforcement; and 5 6 WHEREAS, local governments, especially in rural and under -resourced 7 areas, have relied heavily on MS-ISAC's services; and 8 9 WHEREAS, without MS -ISAC services, government organizations are 10 increasingly vulnerable to cyber-attacks by foreign adversaries; and 11 12 WHEREAS, recent federal funding cuts to MS -ISAC, have significantly 13 weakened the nation's defense against cyber threats; and 14 15 WHEREAS, Door County joined MS -ISAC under the Single Organization 16 Membership option on September 5, 2025, when funding ended, to continue the 17 services Door County needed to protect its infrastructure and data; and 18 19 WHEREAS, MS-ISAC has said the fees paid by Door County will be refunded 20 or applied to other add-on services should Wisconsin obtain membership with MS-21 ISAC in the future. 22 23 NOW, THEREFORE, BE IT RESOLVED, by the Door County Board of 24 Supervisors that it supports Wisconsin establishing a membership with the Multi -25 State Information Sharing and Analysis Center (MS -ISAC) to cover the cost of 26 membership for all state, local, tribal and territorial (SLTT) organizations. 27 28 BE IT FURTHER RESOLVED, that the Door County Clerk is hereby 29 authorized to send a copy of this Resolution to the Governor of the State of 30 Wisconsin, all Wisconsin counties, and the Wisconsin Counties Association for 31 consideration. 32 SUBMITTED BY: Administrative Board David Englebert, Chairperson David Enigl Todd Thayse Bob Bultman Nancy Robillard Walter Kalms Elizabeth Gauger Page 22 of 123 ROLL CALL Board Members Aye Nay Exc. Dist. 1 D. Englebert Dist. 2 T. Thayse Dist. 3 vacant Dist. 4 N. Robillard Dist. 5 J. Miller Dist. 6 K. Fisher Dist. 7 C. Morkin Dist. 8 C. Jeanquart Dist. 9 R. Shaw Dist. 10 P. Rockwell Dist. 11 M. Rusnak Dist. 12 N. Norton Dist. 13 D. Vogel Dist. 14 H. Zettel Dist. 15 E. Gauger Dist. 16 D. Enigl Dist. 17 B. Bultman Dist. 18 V. Hancock Dist. 19 vacant Dist. 20 W. Kalms Dist. 21 J. Gunnlaugsson BOARD ACTION Vote Required: Two Thirds of Members Elect Motion to Approve Adopted 1st Defeated 2nd Yes: No: Exc: Reviewed by: , Corp. Counsel Reviewed by: , Administrator FISCAL IMPACT: The fiscal impact is a decrease of $40,000 to the CIP Highway Reserve which leaves a balance in this line item of $1,001,701.84. STW Certification: I, Jill M. Lau, Clerk of Door County, hereby certify that the above is a true and correct copy of a resolution that was adopted on the 24th day of February , 2025 by the Door County Board of Supervisors. Jill M. Lau County Clerk, Door County Resolution No. 2026-09 SCHAUER ROAD REDESIGN AND RECONSTRUCTION PROJECT TRANSFER OF NON-BUDGETED FUNDS TO THE DOOR COUNTY BOARD OF SUPERVISORS: WHEREAS, In accordance with Section 65.90(5)(a r) Wisconsin Statutes and 1 Rules of Order #19 the amounts of the various appropriations and the purposes for 2 such appropriations stated in a budget may not be changed unless authorized by a 3 vote of two-thirds of the entire membership of the County Board of Supervisors; and 4 5 WHEREAS, On December 16, 202 5, the Door County Board of Supervisors 6 approved an Intergovernmental Agreement with the Towns of Jacksonport and 7 Sevastopol pertaining to the redesign and reconstruction of Schauer Road (“Project”); 8 and 9 10 WHEREAS, The Intergovernmental Agreement required monetary contributions 11 toward the Project from each party as follows: 12 • Town of Jacksonport: $18,000 13 • Town of Sevastopol: $50,000 14 • County of Door: $25,000, 15 with the remainder of the Project to be grant funded; and 16 17 WHEREAS, Grant funding is insufficient to complete the Project; and 18 19 WHEREAS, The Towns of Jacksonport and Sevastopol have informally agreed 20 to increase their total monetary contribution to the following amounts: 21 • Town of Jacksonport: $53,000 22 • Town of Sevastopol: $70,000; and 23 24 WHEREAS, the County of Door must increase its total monetary contribution from 25 $25,000 to $90,000 in order to provide the estimated funding necessary to complete 26 the Project; and 27 28 WHEREAS, The Administrative Committee has reviewed and recommends 29 approval of the Amendment to the Intergovernmental Agreement (attached as 30 Addendum A), providing for the additional funding; and 31 32 WHEREAS, The County of Door budgeted $50,000 for the Project, requiring an 33 additional appropriation of $40,000 to meet the funding needs; and 34 35 WHEREAS, The Finance Committee recommends that $40,000 be transferred 36 from the CIP Highway Reserve Account #401.32137 to the Capital Outlay Expense 37 County Roads and Bridges Account #401.51.7190.71101.205 to fund the increased 38 contribution to the Project. 39 40 NOW, THEREFORE, BE IT RESOLVED, That the Door County Board of 41 Supervisors does hereby approve the transfer of $ 40,000 from the CIP Highway 42 Reserve Account #401.32137 to the Capital Outlay Expense County Roads and 43 Bridges Account #401.51.7190.71101.205 to fund the increased contribution to the 44 Project. 45 46 BE IT FURTHER RESOLVED, That the Door County Board of Supervisors does 47 hereby approve the Amendment to the Intergovernmental Agreement attached hereto 48 as Addendum A. 49 SUBMITTED BY: FINANCE COMMITTEE Jeff Miller, Chairperson Joel Gunnlaugsson David Englebert Dale Vogel Ken Fisher Hugh Zettel Morgan Rusnak Page 23 of 123 Back up to Resolution 2026-09 Page 24 of 123 Back up to Resolution 2026-09 Page 25 of 123 Back up to Resolution 2026-09 Page 26 of 123 Back up to Resolution 2026-09 Page 27 of 123 Back up to Resolution 2026-09 Page 28 of 123 Back up to Resolution 2026-09 Page 29 of 123 Back up to Resolution 2026-09 Page 30 of 123 REPORT TO THE DOOR COUNTY BOARD OF SUPERVISORS: TEXT AMENDMENT TO THE DOOR COUNTY COMPREHENSIVE ZONING ORDINANCE This report is submitted pursuant to Section 59.69(5)(e), Wisconsin Statutes. 1 2 REQUESTED: 3 4 The Resource Planning Committee petitions to amend the text of the Door County Comprehensive Zoning Ordinance . 5 6 EXPLANATION: 7 8 The Resource Planning Committee is sponsoring this amendment to codify and clarify department policy, to reflect 9 state statutes, etc. 10 11 HEARING AND NOTICE: 12 13 The Resource Planning Committee held a public hearing concerning this petition on January 15, 2026 at the Door 14 County Government Center, Sturgeon Bay, WI. Notice of the public hearing, notice to the county board supervisors of 15 the affected district s, and notice to the Town Clerks have been given in accordance with Chapter 59.69, Wisconsin 16 Statutes. Proof of the giving of such notice is available upon request from the Land Use Services Department. 17 18 RECOMMENDATION: 19 20 The Resource Planning Committee hereby recommends approval of the zoning amendment petition and the 21 enactment of Amendatory Zoning Ordinance No. 2026 - 02. 22 RESOURCE PLANNING COMMITTEE Hugh Zettel, Chairperson Kenneth Fisher David Enigl Bob Bultman Claire Morkin Page 31 of 123 ROLL CALL Board Members Aye Nay Exc. Dist.1 D. Englebert Dist. 2 T. Thayse Dist. 3 Vacant Dist. 4 N. Robillard Dist. 5 J. Miller Dist. 6 K. Fisher Dist. 7 C. Morkin Dist. 8 C. Jeanquart Dist. 9 R. Shaw Dist. 10 P. Rockwell Dist. 11 M. Rusnak Dist. 12 N. Norton Dist. 13 D. Vogel Dist. 14 H. Zettel Dist. 15 E. Gauger Dist. 16 D. Enigl Dist. 17 B. Bultman Dist. 18 V. Hancock Dist. 19 Vacant Dist. 20 W. Kalms Dist. 21 J. Gunnlaugsson BOARD ACTION Vote Required: Majority Roll Call Vote of a Quorum Motion to Approve Adopted 1st Defeated 2nd Yes: No: Exc: Reviewed by: , Corp. Counsel Reviewed by: , Administrator Certification: I, Jill M. Lau, Clerk of Door County, hereby certify that the above is a true and correct copy of an ordinance that was enacted on the 24th day of February, 2026 by the Door County Board of Supervisors. Jill M. Lau County Clerk, Door County COUNTERSIGNED David Englebert Door County Board of Supervisors Effective Date: February 24, 2026 Ordinance No. 2026-02 AMENDMENT TO THE TEXT OF THE DOOR COUNTY COMPREHENSIVE ZONING ORDINANCE THE DOOR COUNTY BOARD OF SUPERVISORS DOES HEREBY ORDAIN AS FOLLOWS: The Door County Board of Supervisors, pursuant to Section 59.69(5)(e), 1 Wisconsin Statutes, does hereby amend the Door County 2 Comprehensive Zoning Ordinance to read as follows: 3 4 See Exhibit A, incorporated herein as if fully set forth. 5 6 Pursuant to Section 59.69(5)(e).6., Wisconsin Statutes, this ordinance shall 7 become effective upon passage. 8 9 SUBMITTED BY: Resource Planning Committee Hugh Zettel, Chairperson Bob Bultman David Enigl Claire Morkin Kenneth Fisher Page 32 of 123 CHAPTER 1 TITLE; AUTHORITY; AND GENERAL PROVISIONS 1.01 Title. 1.08 Interpretation and applicat ion. 1.02 Authority. 1.09 Severability. 1.03 Contents. 1.10 Warning and disclaimer of liability. 1.04 Purpose. 1.11 Vesting of rights. 1.05 Compliance. 1.12 Withdrawal by zon ed towns. 1.06 Force and effect. 1.13 Commentary. 1.07 Abrogation and greater restrictions. 1.14 H eadings The County Board of Door County, Wisconsin does ordain as follows: 1.01 Title. This Ordinance shall be known as the "Door County Comprehensive Zoning Ordinance", hereinafter referred to as "this Ordinance." (Amended: 20 Sept. 2016; Ord. 2016-14) 1.02 Authority. This Ordinance is enacted pursuant to the authority granted by §§ 59.69 and 59.692, Wis. Stats.; additionally, it employs those powers or provisions provided for in § 59.694, Ch. 91 , and § 281.31, Wis. Stats. This Ordinance shall constitute a comprehensive revision, as described in § 59.69(5)(d), Wis. Stats., of the 1968 Door County Zoning Ordinance. (Amended: 27 May 2014; Ord. 2014-10) (Amended: 20 Sept. 2016; Ord. 2016-14) Commentary: (Added: March 1998) (Deleted: 20 Sept. 2016; Ord. 2016-14) 1.03 Contents. This Ordinance consists of two distinct but inseparable and integrated parts: written text and zoning maps. The written text and zoning maps taken together constitute this Ordinance and, therefore, shall at all times be considered as interrelated and inseparable parts of a whole. In addition, other maps and materials referenced in the text are used to support this Ordinance. 1.04 Purpose. (Deleted and recreated: 20 Sept. 2016; Ord. 2016-14) The purposes of this Ordinance include: (1) to promote the public health, safety, convenience, and general welfare; (2) to encourage planned and orderly land use development; (3) to protect property values and the property tax base; (4) to permit the careful planning and efficient maintenance of highway systems; (5) to ensure adequate highway, health, educational, and recreational facilities; (Amended: 23 May 2023; Ord. 2023-01) (6) to recognize the needs of agriculture, forestry, industry, and business in future growth; (7) to encourage uses of land and other natural resources which are in accordance with their character and adaptability; (8) to provide adequate light and air; (Amended: 23 May 2023; Ord. 2023-01) (9) to encourage the protection of groundwater resources; Exhibit A: Ordinance 2026-02 Page 33 of 123 (10) to preserve wetlands; (11) to conserve soil, water, and forest resources; (12) to protect the beauty and amenities of landscape and man-made developments; (13) to provide healthy surroundings for family life; and (14) to promote the efficient and economical use of public funds. To accomplish these, and other purposes, the County Board may plan for the physical development and zoning of territory within Door County. 1.05 Compliance. (1) No land or water shall hereafter be used and n o structure or part thereof shall hereafter be used, located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without full compliance with the provisions of this Ordinance. (2) Unless specifically exempted by law, all citie s, villages, towns, and counties are required to comply with this Ordinance and obtain all necessary permits in areas under the jurisdiction of this Ordinance. Construction undertaken by the State of Wisconsin (hereafter “state”) is, pursuant to § 30.12(4), Wis. Stats., subject to this ordinance. This includes every building, structure, or facility that is constructed for the benefit of or use of the state. (Amended: 20 Sept. 2016; Ord. 2016-14) (3) Except for principal uses in the Exclusive Agricultural zoning district and as described in s. 2.05(4)(c)4., Uses Pertaining to the Wetland District, the following are not regulated by this Ordinance and are exempt from all provisions of this Ordinance: (a) Any structure or equipment used or designed for the production, transmission, delivery, or furnishing of heat, light, water, power, or sewer services; and (b) Mobile tower siting facilities, radio broadcast service facilities, broadband network projects pursuant to §196.504, Wis. Stats., and other communications services support structures and related facilities. (Added: 23 May 2023; Ord. 2023-01) Page 34 of 123 CHAPTER 2 ZONING DISTRICTS AND ZONING MAPS; USE REGULATIONS 2.01 Zoning districts. 2.05 Principal us es. 2.02 Zoning map. 2.06 Accessory uses. 2.03 Purpose and intent of zoning 2.07 Tempo rary uses. districts. 2.08 Uses not lis ted. 2.04 Types of uses. 2.01 Zoning districts. For the purpose of this Ordinance, the unincorpor ated areas of Door County are divided into the following zoning districts (with their respective symbols): Wetland (W) Natural Area (NA) Exclusive Agricultural (EA) Prime Agricultural (PA) General Agricultural (GA) Countryside (CS) Heartland-3.5 (HL3.5) Heartland-5 (HL5) Heartland-10 (HL10) Estate (ES) Single Family Residential-10,000 (SF10) Single Family Residential-20,000 (SF20) Single Family Residential-30,000 (SF30) Small Estate Residential (SE) Rural Residential (RR) High Density Residential (HD) Commercial Center (CC) Mixed Use Commercial (MC) Recreational Commercial (RC) Light Industrial (LI) Chambers Island (CI) Conservation Area (CA) Countryside-5 (CS5) Neighborhood Residential (NR) Village Commercial (VC) General Commercial (GC) Page 35 of 123 2.02 Zoning Maps. (1) Zoning districts shall be bounded and defined as shown on zoning maps prepared for each town. The zoning maps shall be entitled, Zoning Maps of Door County . (2) Interpretation of Zoning District Boundaries. The following rules shall be used to determine the precise location of zoning district boundaries shown on the Zoning Maps of Door County : (a) Boundaries shown as following or approximate ly following the limits of any municipal corporation shall be construed as following such limits. (b) Boundaries shown as following or approximate ly following roads shall be construed as following the centerlines of such roads. (c) Boundaries shown as following or approximate ly following platted lot lines or other property lines as shown on the Door County Real Property Listing Tax Maps shall be construed as following such lines. (d) Boundaries shown as following or approximate ly following the centerlines of streams, rivers, or other water courses shall be construed as following the centerline of such water courses; in the event of a natural change in the location of such water courses, the zoning district boundary shall be construed as moving with the centerline. (e) Boundaries shown as separated from, and paral lel or approximately parallel to, any of the features listed in pars. (a) through (d), shall be construed to be parallel to such features and at such distances therefrom as are shown on the Zoning Maps of Door County . (f) Boundaries below the ordinary high water mark which coincide with riparian rights lines as determined by NR 326.07, Wis. Admin. Code, shall be construed as such riparian rights lines. (g) Boundaries below the ordinary high water mar k which do not coincide with riparian rights lines as determined by NR 326.07, Wis. Admin. Code, shall be construed as running perpendicular to the shoreline where the boundaries intersect with the shoreline. (h) The mapped Wetland zoning district boundaries are based on the wetland boundaries shown on the most recent version of the Wisconsin Wetland Inventory maps for Door County which have been prepared by as depicted on the Wisconsin Department of Natural Resources Surface Water Data Viewer . Where an apparent discrepancy exists between a Wetland district boundary as shown on the zoning map Wisconsin Department of Natural Resources Surface Water Data Viewer and actual field conditions for a project site , the Zoning Administrator shall contact the appropriate office of the Department of Natural Resources to determine if the boundary as mapped is in error. If the Department Page 36 of 123 of Natural Resources staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland or non-wetland, the Zoning Administrator may immediately grant or deny appropriate permits or approvals in accordance with the regulations applicable to the correct base zoning district. The Zoning Administrator and Resource Planning Committee shall subsequently initiate a zoning map amendment to correct these mapping discrepancies. (Added: 28 July 2009; Ord. 2009-06) (Amended: 20 Sept. 2016; Ord. 2016-14) 2.03 Purpose and intent of zoning districts. The following specifies the purpose and intent of each of the zoning districts established by this Ordinance. (1) Wetland (W). This district is intended to pre vent the destruction and depletion of Door County's wetlands; to protect water courses and navigable waters and the public rights therein; to maintain the purity of water in lakes and streams and to prevent pollution thereof; and to protect spawning grounds, fish, and habitats for wild flora and fauna. Furthermore, this district is intended to prevent the changing of the natural character of wetlands. Lot sizes of at least 10 acres are required for new lots .(Amended: 28 July 2009; Ord. No. 2009-06) (2) Natural Area (NA). This district is intended to conserve the existing, mostly undeveloped natural areas of Door County. The district may be used in upland areas adjacent to, or surrounded by, wetland areas, or in other areas where natural features are considered significant. To conserve these areas, commercial and industrial uses are disallowed, but agriculture, very low density residential, recreational and institutional uses are permitted. Lot sizes of at least 15 acres are required for new lots. (Amended: 17 April 2012; Ord. 2012-14) (3) Exclusive Agricultural (EA). This district is intended to protect the agricultural industry from scattered nonagricultural development that may displace agricultural uses and is, therefore, not intended to accommodate future nonagricultural growth. This district is intended to help implement recommendations of the Door County Comprehensive and Farmland Preservation Plan . Further, it is intended to meet the provisions of the Wisconsin Farmland Preservation Program, as specified in Ch. 91, Wis. Stats., and thereby establish eligibility for tax credits to farm owners as provided in Ch. 71, sub.ch. IX, Wis. Stats. It is intended that this district apply to lands included in productive farm operations and which have historically exhibited good crop yields, or are capable of such yields; have demonstrated productivity for dairying, livestock raising, and grazing; have been used for production of specialty crops such as tree and plant materials, fruits, and vegetables; or have been integral parts of such farm operations. Lot sizes of at least 35 acres are required for new lots. (Amended: 30 September 2010; Ord. 2010-13) (Amended: 20 Sept. 2016; Ord. 2016-14) (4) Prime Agricultural (PA). This district is in tended to maintain and preserve agricultural lands which have historically demonstrated high agricultural productivity. Lands eligible for designation in this district shall generally include those designated as farmland preservation areas in the Door County Comprehensive and Farmland Preservation Plan . This district is also intended to provide farmland owners with additional management options by allowing limited residential development, but with residential density limits and other requirements set so as to maintain the rural Page 37 of 123 contribute to maintaining rural character, and aid in improving surface water quality. Uses in these districts are limited to mostly very low density residential and low intensity recreational uses. Lot sizes of at least 15 acres are required for new lots. (23) Countryside-5 (CS5). This district is intended for mostly rural areas of the interior of the county where a mixture of low density residential, agricultural, and very limited rural commercial activity exists or is desirable. The district provides for residential development at modest densities consistent with a generally rural environment and allows for nonresidential uses that require relatively large land areas and/or are compatible with surrounding rural land. Because the district accommodates agricultural uses, it can serve as a transitional district between areas where agricultural uses are prominent and more intensely developed areas. Lot sizes of at least 5 acres are required for new lots. (24) Neighborhood Residential (NR). This district is intended to provide for both single family residential developments and multiple occupancy developments. Lot sizes of at least 20,000 square feet are required for new single family residential lots. A maximum density of 9 bedrooms per acre of net lot area is required for new multiple occupancy developments. (25) Village Commercial (VC). This district is intended for the primary centers of community development, permitting commercial and mixed use development and redevelopment, as well as residential usage. The district permits a wide variety of retail, service, and office uses and is intended to maintain the vitality of existing commercial centers. It should be established for the main business districts of existing communities. Lot sizes of at 20,000 square feet are required for new lots that are not served by public sewer. (26) General Commercial (GC). This district is intended to provide for limited areas of residential and commercial uses. This district is the result of a need to recognize existing local and neighborhood businesses. Typically, this district will be located within or near existing communities, but it is also intended for outlying or smaller nodes of development. In addition, this district can be used as a transition between business centers and strictly residential areas. Lot sizes of at least 20,000 square feet are required for new lots that are not served by public sewer. (Amended: 22 August 2006, Ord. No. 2006-16; Effective: 12 September 2006) (27) Single Family Residential-10,000 (SF10). This district is intended to provide single family residential housing at high densities and shall only be located on lots served by public sewer. Lot sizes of at least 10,000 square feet are required. The permitted uses are restricted in order to maintain the strictly residential character of these areas. (Added: 22 February 2011, Ord. No. 2011-03). Page 38 of 123 2.04 Types of uses. (1) Principal uses. These uses are sorted and ass igned to specific zoning districts. (See s. 2.05, principal uses.) Such uses shall be established only if they are located in the zoning district to which they are assigned. These uses are further divided into the following two categories: (Amended: 27 May 2008; Ord. 2008-04) . (a) Permitted uses. These uses are permitted by right, provided all requirements of this Ordinance are met. (b) Deleted. (27 May 2008; Ord. 2008-04) (c) Uses permitted as conditional uses. These us es will be allowed, and a conditional use permit will be granted, if the applicant demonstrates, by substantial evidence, that the application and all requirements and conditions established by the county as specified in the ordinance or imposed by the Resource Planning Committee are or will be satisfied. See also s. 11.04, conditional use permits. (Amended: 27 March 2018; Ord. 2018-07) (Term “special exception” replaced with “conditional use” throughout ordinance. Amended: 24 November 1998; Ord. 33-98) (2) Accessory uses. (See s. 2.06, accessory uses .) (3) Temporary uses. (See s. 2.07, temporary uses. ) (4) Uses not listed. (See s. 2.08, uses not liste d.) 2.05 Principal uses. (1) Except as pertains to the Wetland district, th e principal uses allowed in each zoning district shall be as shown in sub.(3), tables of principal uses. (Amended: 22 August 2006, Ord. 2006-16; Effective: 12 September 2006) Commentary: (Deleted: 20 Sept. 2016; Ord. 2016-14) Page 39 of 123 (2) How to use the table of principal uses. (Amended: 22 Feb. 2022; Ord. 2022-03) Table of principal uses (portion) ZONING DISTRICTS TYPE OF USE W NA EA GA PA CS HL ES SF20 AGRICULTURAL USES Agricultural Visitation Facility (s. 4.03(4)) C C Agriculture (s. 4.03(1)) P P P P P P P Greenhouses P P P 1 P P P 1 Refer to listed The listing of Refer to Spa ce with- section for principal uses footnote at ou t symbol requirements for the Wetland end of table me ans the applicable to district does not for special use is not specified use. fit a table format. provision. allowed. Refer to sub.(4). KEY: P = Permitted uses. S = (Deleted: 27 May 2008, Ord. 2008-04) C = Uses permitted as conditional uses. (Added: 24 Nov. 1998, Ord. 33-98) Page 40 of 123 (3)(a) Table of principal uses – General. This table shall apply as appropriate wherever this Ordinance is applicable. Zoning Districts Type of Use W NA EA GA PA CS HL 8 ES SF10 SF20 SF30 SE RR HD CC MC RC LI AGRICULTURAL USES Agricultural Visitation Facility (s. 4.03(4)) (Added: 26 Aug 1997; Ord. 21-97) C C Agriculture (s. 4.03(1)) (Amended: 26 Aug 1997; Ord. 21-97) P P P P P P P P Greenhouses (Amended: 30 Sept 2010; Ord. 2010-13) P 17 P P 1 P P P 1 C C Roadside Stands (s. 4.03(2)) (Amended: 30 Sept 2010; Ord. 2010-13) P P 17 P P P P P Tree/Shrub Nurseries P 1 P P P 1 P P P 1 COMMERCIAL USES Art Galleries (Amended: 9 May 2008; Ord. 2008-01) C C C C10 P P P Assembly Hall (s. 4.04(17)) (Added: 5 Aug. 2013; Ord. 2013-13) C 14 C C C 14 C C C C 14 Auto Vehicle Repair (s. 4.04(5)) C C C C P Auto/Recr. Vehicle Sales, Rental, and Service Lot (Amended: 20 Sept. 2016; Ord. 2016-14) C C Banks P 2 P 2 Carwash (Added: 27 August 2002; Ord. 12-02) C C C C Commercial Fishing Facilities P P C C C P Commercial Trucking Establishments (Amended: 30 Sept 2010; Ord. 2010-13) C3,17 C 3 P Commercial Storage Facilities (s. 4.04(8)) C C C P Community Commercial Kitchen (s. 4.04(16)) (Added: 28 May 2012; Ord. 2012-13) P P P Conference Facilities C C C Day Child Care Centers (s. 4.04(14)) C C C Page 41 of 123 (3)(a)Table of principal uses – General. This table shall apply as appropriate wherever this Ordinance is applicable (continued). Zoning Districts Type of Use W NA EA GA PA CS HL 8 ES SF10 SF20 SF30 SE RR HD CC MC RC LI COMMERCIAL USES (Continued) Family Day Child Care Homes (s. 4.04(13)) (Amended: 16 April 1996; Ord. 9-96) (Amended: 30 September 2010; Ord. 2010-13) P P 17 P P P P P CP CP CP P P CP P P P P Farm Implement Sales/Service (Amended: 30 September 2010; Ord. 2010-13) C 22 C C C C C P Ferry Terminals P P C Fertilizer Distribution Plants (Amended: 30 Sept., 2010, Ord. 2010-13) C 22 C C C C Fitness Centers, Tanning Salons & Spas (Added: 30 January 2003; Ord. 01-03) C C C Funeral Homes C C Gas Stations C C C C Grain Mills (Amended: 30 September 2010; Ord. 2010-13) C 22 C C C C C P Home Businesses (s. 4.04(10)) (Amended: 20 April 2010, Ord. 2010-03) (Amended: 27 September 2012; Ord. 2012-21) C C C C C C P Home Occupations (s. 4.04(9a)) (Amended: 8 August 2000; Ord. 12-00) (Amended: 30 Sept 2010;Ord. 2010-13) P P 17 P P P P P P P P P P P P P P Home Office/Studio (s. 4.04(9)) ( Added: 8 August 2000; Ord. 12-00) (Amended: 30 Sept 2010; Ord. 2010-13) P P17 P P P P P P P P P P P P P P Indoor Recreation P C P Kennels (s. 4.04(2)) P P P Laundromats and Laundry Service P P C P Lumber/Building Supply Yards(s. 4.04(6)) C C P Medical/Dental Clinics P P Model Homes (s. 4.04(4)) C C C C C C P P P P P Page 42 of 123 (3)(a) Table of principal uses – General. This table shall apply as appropriate wherever this Ordinance is applicable (continued). Zoning Districts Type of Use W NA EA GA PA CS HL 8 ES SF10 SF20 SF30 SE RR HD CC MC RC LI INSTITUTIONAL USES (Continued) Public Schools (Amended: 30 Sept., 2010; Ord. 2010-13) C 20 C C C C C C C C C C Public Highway Garages (s. 4.06(1)) (Amended: 30 Sept., 2010; Ord. 2010-13) C C C C C C P Town Halls/Community Centers (Amended: 22 March 2005; Ord. 2005-11) (Amended: 30 Sept 2010; Ord. 2010-13) P11 C 20 P P P P P P P Travelers' Information Centers P P P OUTDOOR RECREATIONAL USES Amusement Park C C Campgrounds/Trailer Camps (s. 4.07(2)) (Amended: 24 Feb. 2004; Ord. 2004-04) C C C C C C Camping (s. 4.07(3)) (Amended: 30 Sept. 1997; Ord. 28-97) (Amended: 30 Sept 2010; Ord. 2010-13) P P 17 P P P P P P P P P P P Commercial Riding Stables (s. 4.07(4)) (Amended: 28 May 1996; Ord. 11-96) C C C C C C Golf Courses C C 14 C C 14 C Golf Driving Range (Added: 25 March 1997; Ord. 7-97) C Gun Clubs/Shooting Ranges C C C Institutional Recreation Camps (s. 4.07(6)) C C C C Marinas/Excursion Boating/Charter Fishing (s. 4.07(5)) C C C Outdoor Active Recreation Facility (Added: 26 Feb. 201 3; Ord. 2013 -07) (s.4.07(9)) C C C C C C C C C Outdoor Theatre C C Page 43 of 123 (3)(a) Table of principal uses – General. This table shall apply as appropriate wherever this Ordinance is applicable (continued). Zoning Districts Type of Use W NA EA GA PA CS HL 8 ES SF10 SF20 SF30 SE RR HD CC MC RC LI OUTDOOR RECREATIONAL USES (Cont.) Parks (s. 4.07(1)) (Amended: 30 Sept., 2010; Ord. 2010-13) P 9 P/ C20 P 9 P 9 P 9 P 9 P 9 P 9 P 9 P 9 P 9 P 9 P 9 P 9 P 9 P 9 Private Riding Stables (s. 4.07(4)) (Amended: 30 Sept., 2010; Ord. 2010-13) P P 17 P P P P P P P C Public Boat Launching Facilities (Amended: 22 March 2005; Ord. 2005-10) (Amended: 20 Sept. 2016; Ord. 2016-14) C C C C C C C C C C C Retreat Centers (s. 4.07(7)) (Amended: 18 Dec 1997; Ord. 40-97) C C C C C C Ski Resorts C RESIDENTIAL USES Accessory Residences (s. 4.08(3)) (Amended: 27 July 2000; Ord. 17-00) (Amended: 17 April 2012; Ord. 2012-14) P P P P Bed & Breakfast Establishments (s. 4.08(10)) (Amended: 9 Nov 2011; Ord. 2011-14) P P P P C P C14 C P P P P P P Boardinghouses (s. 4.08(11)) (Amended: 9 Nov 2011; Ord. 2011 -14) P P P P P P P P P P Conservation Subdivisions (Ch. 6) (Added 4 April 2011; Ord. 2011-05) (Amended: 22 Feb. 2022; Ord. 2022-03) P P P P P P P P P P P P P P Duplexes (Amended: 22 Feb. 2022; Ord. 2022-03) P P P P P P P P Dwellings for Agricultural Production & Processing Workers (s. 4.08(7)) (Added: 25 June 1996; Ord. 16-96) (Amended: 22 Feb. 2022; Ord. 2022-03) P P P P P Farm Related Residences (s. 4.08(2)) (Amended: 30 Sept., 2010; Ord. 2010-13)(Amended: 11 Dec., 2012 Ord. 2012-25) P P P P P 15 P Manufactured Homes (s. 4.08(4)) (Amended: 22 Feb. 2022; Ord. 2022-03) P P P P Manufactured Home Parks (s. 4.08(5)) C C14 C C Multiple Occupancy Developments (s. 4.08(8)) (Amended: 5 Oct. 1998; Ord. 22-98) C 7 C 7 C 7 C 7 Page 44 of 123 (3)(a) Table of principal uses – General. This table shall apply as appropriate wherever this Ordinance is applicable. FOOTNOTES: 1. Such use shall not entail on-site retail sales. 2. Establishments with drive-through facilities sha ll be permitted only as provided in s. 11.04, conditional use permits. (Amended: 27 May 2008; Ord. 2008-04) 3. Restricted to commercial trucking of farm produc ts or to provide a farm service. 4. Such use shall be incorporated into a larger dev elopment and the floor area dedicated to the retail use shall not exceed 30% of the total floor area of the buildings which serve the development's clientele. 5. (Deleted: 28 May 2012; Ord. 2012-13) 6. Establishments where the total floor area of all buildings which serve a retail use on the lot exceeds 20,000 sq. ft. shall only be permitted as conditional uses. 7. See s. 4.08(8)(a). (Amended: 26 Feb. 2103; Ord. 2013-06) 8. The HL column shall refer to the principal uses allowed in the Heartland-3.5 (HL3.5), Heartland-5 (HL5), and Heartland-10 (HL10) districts. (Added: 28 May 1996; Ord. 13-96) 9. Privately owned parks which include active recr eation shall only be permitted as conditional uses. (Added: 27 May 1997; Ord. 15-97) 10. Subject to Section 4.04(15) in the Town of Li berty Grove. (Recreated: 15 April 2008; Ord. 2008-01; Effective 9 May 2008) 11. Allowed in Natural Area (NA) zoning district only i n the Town of Union. (Added: 22 March 2005; Ord. 2005-11; Effective 2 May 2005) 12. Allowed in the Town of Jacksonport only. (Ad ded: 28 June, 2006; Ord. 2006- 11) 13. (Added: 22 Aug. 2006; Ord. 2006-16; Effectiv e 12 Sept. 2006; Deleted: 22 Feb. 2022; Ord. 2022-03) 14. Not allowed in Town of Gibraltar. (Added: 22 Aug 2006, Ord. 2006-16; Effective 12 Sept. 2006) (Added: 5 Aug 2013; Ord. 2013-13) 15. Permitted in Town of Gibraltar only. (Added: 22 Aug 2006; Ord. 2006-16; Effective 12 Sept. 2006) 16. (Added: 22 May 2007; Ord. 2007-11; Deleted: 22 Feb. 2022; Ord. 2022-03) Note: Please see Appendix A for further information regarding footnotes 17-22 . (Relocated from below footnote 22: 20 Sept. 2016; Ord. 2016-14) 17. Shall meet the requirements of s. 91.01(1)(d), Wis. Stats. (Added: 30 Sept 2010, Ord. 2010-13) 18. (Deleted: 12 December 2012; Ord. 2012-25) 19. Shall only be authorized if located on a confor ming lot. (Added: 30 Sept 2010; Ord. 2010-13) (Amended: 11 Dec. 2012; Ord. No. 2012-25) A residence in the EA zoning district which meets the requirements of s. 91.01(19), Wis. Stats. shall be authorized with a regular zoning permit. A residence in the EA zoning district which fai ls to meet s. 91.01(19), Wis. Stats., must obtain a Conditional Use Permit in accordance with s. 91.46(2), Wis. Stats. 20. Shall meet the requirements of s. 91.44(1)(e) or s. 91.46( 51)(g) , Wis. Stats., as applicable, and shall not include active recreation. (Added: 30 Sept. 2010; Ord. 2010-13) 21. Shall meet the requirements of s. 91.46(4) or s . 91.44(1)(f), Wis. Stats., as appropriate. (Added: 30 Sept 2010; Ord. 2010-13) 22. Shall meet the requirements of s. 91.01(3), Wis . Stats., as appropriate. (Added: 30 Sept 2010; Ord. 2010-13) 23. Allowed only in the Town of Liberty Grove. Such use is restricted to wineries only and may be established only on lots five acres or larger. (Added: 5 August 2013; Ord. 2013-10) 24. Retail sales and tasting areas are not allowed. (Added: 22 May 2018; Ord. 2018-11; Effective 2 July 2018) Page 45 of 123 (3)(b) Table of principal uses – Town of Gibraltar. This table shall apply in the Town of Gibraltar. Commentary: In order to determine all principal uses allowed in the Town of Gibraltar, reference to s. 2.05(3)(a), table of principal uses – General, is also required. Zoning Districts Type of Use CA CS5 CI NR VC GC AGRICULTURAL USES Agricultural Visitation Facility (s. 4.03(4)) (Added: 26 Aug. 1997; Ord. 21-97) Agriculture (s. 4.03(1)) (Amended: 26 Aug. 1997; Ord. 21-97) P6 P Greenhouses P C C Roadside Stands (s. 4.03(2)) P Tree/Shrub Nurseries P COMMERCIAL USES Art Galleries (Amended: 26 Oct. 2000; Ord. 18-00) C P P Assembly Hall (Added: 5 August 2013; Ord. 2013-13) (s. 4.04(17)) C C Auto Vehicle Repair (s. 4.04(5)) C C C Auto/Recreational Vehicle Sales, Rental, and Service Lot (Amended: 20 Sept. 2016; Ord. 2016-14) C C Banks P 1 P1 Carwash (Added: 27 August 2002; Ord. 12-02) C C Commercial Fishing Facilities P C C Commercial Trucking Establishments Commercial Storage Facilities (s. 4.04(8)) C C Community Commercial Kitchen (s. 4.04(16)) (Added: 28 May 2012; Ord. 2012-13) P P Page 46 of 123 (3)(b) Table of principal uses – Town of Gibraltar (continued). This table shall apply in the Town of Gibraltar. Commentary: In order to determine all principal uses allowed in the Town of Gibraltar, reference to s. 2.05(3)(a), table of principal uses – General, is also required. Type of Use Zoning Districts CA CS5 CI NR VC GC COMMERCIAL USES (Continued) Conference Facilities C C Day Child Care Centers (s. 4.04(14)) C C Family Day Child Care Homes (s. 4.04(13)) (Amended: 16 April 1996; Ord. 9-96) P P CP P P Farm Implement Sales/Service C C C Ferry Terminals P P Fertilizer Distribution Plants C Fitness Centers, Tanning Salons & Spas (Added: 30 January 2003; Ord. 01-03) C C Funeral Homes C C Gas Stations C C Grain Mills C C C Home Businesses (s. 4.04(10)) (Amended: 18 Dec. 2001; Ord. 12-01) C P Home Occupations (s. 4.04(9a)) (Amended: 8 August 2000; Ord. 12-00) P P P P P Home Office/Studio (s. 4.04(9)) ( Added: 8 August 2000; Ord. 12-00) P P P P P P Indoor Recreation P C Kennels (s. 4.04(2)) P Laundromats and Laundry Service P P Lumber/Building Supply Yards(s. 4.04(6)) C C Page 47 of 123 (3)(b) Table of principal uses – Town of Gibraltar (continued). This table shall apply in the Town of Gibraltar. Commentary: In order to determine all principal uses allowed in the Town of Gibraltar, reference to s. 2.05(3)(a), table of principal uses – General, is also required. Type of Use Zoning Districts CA CS5 CI NR VC GC INSTITUTIONAL USES Public Highway Garages (s. 4.06(1)) C C Town Halls/Community Centers (Amended: 22 March 2005; Ord. 2005-11) P P P Travelers’ Information Centers P P OUTDOOR RECREATIONAL USES Amusement Park C Campgrounds/Trailer Camps (s. 4.07(2)) (Amended: 24 Feb. 2004; Ord. 2004-04) C C Camping (s. 4.07(3)) (Amended: 30 Sept. 1997; Ord. 28-97) P P P Commercial Riding Stables (s. 4.07(4)) (Amended: 28 May 1996; Ord. 11-96) C Golf Courses Golf Driving Range (Added: 25 March 1997; Ord. 7-97) Gun Clubs/Shooting Ranges C Institutional Recreation Camps (s. 4.07(6)) C Marinas/Excursion Boating/Charter Fishing (s. 4.07(5)) C C Outdoor Active Recreation Facility (Added: 26 Feb 2013; Ord. 2013-07)(s.4.07(9)) C C C C Outdoor Theatre C Parks (s. 4.07(1)) 5 C P P C P P Private Riding Stables (s. 4.07(4)) P P Page 48 of 123 CHAPTER 3 GENERAL REQUIREMENTS 3.01 Compliance. 3.08 Height requirements. 3.02 District requirements. 3.09 Front, rear, an d side yards . 3.03 (Multiple occupancy development section 3.10 Landscape buffers. amended and relocated 5 Oct. 1998; Ord. 22-98) 3.11 Floor area requirements . 3.04 Lot requirements. 3.12 Accessory struct ures. 3.05 Setbacks from roads. 3.13 Outdoor storage of junk material. 3.06 Additional setbacks from roads 3.14 Filling a nd grading. for large buildings. 3.15 Special development requirements. 3.07 (Setback from navigable water section relocated 3.16 (Exclusive Ag. district restriction section to Shoreland Ord. 20 Sept. 2016; Ords. 2016-12 section deleted 30 Sept. 2010; Ord. 2010- and 2016-14) 13) 3.17 Alleys 3.01 Compliance. All development shall comply fully with the requi rements of this Chapter. 3.02 District requirements. (1) Developments shall meet the minimum requireme nts for the applicable district shown in the tables in sub. (3), except as otherwis e required in s.3.15, special development requirements. (Amended: 22 Aug. 2006; Ord. No. 2006-16 – Effective 12 September 2006) Commentary: The provisions of s. 3.15 apply to al l or parts of the Towns of Washington, Liberty Grove, and Baileys Harbor. For projects within those towns, applicants are advised to check the provisions of s. 3.15. Note, too, that many other town- or district-specific regulations may be found in other sections of the ordinance. (Amended: 22 Aug. 2006; Ord. No. 2006-16; Effective 12 Sept. 2006) (Amended: 20 Sept. 2016; Ord. 2016-14) (2) How to use the tables in sub. (3). Page 49 of 123 (2) How to use the tables in Sub. (3). Table of district requirements (portion) Individual Lot Requirements Yards Conservation Subdivision & Manufactured Home Park Requirements ZONING DISTRICT Development Type(s) Min. Lot Area Min. Lot Width 6 (feet) Max Imperv. Surface Ratio 1 Side Prin- cipal (feet) Side Acces- sory (feet) Rear Prin- cipal (feet) Rear Acces- sory (feet) Front (feet) Min. Site Area Max. Allow- able Density (density unit per acre) Min Preser. Open Space WETLAND (W) Development, per s. 2.05(4) 10 acres 8 300 7.5% 25 50 50 50 25 n/a n/a n/a NATURAL AREA (NA) All Other Development Conservation Subdivision 15 acres 10,000 12 450 65 12 25% n/a 25 50 2 20 50 2 50 50 2 50 50 2 25 25 n/a 15 acres n/a .10 n/a 80% EXCLUSIVE AGRICULTURE (EA) All Development 35 acres 600 25% 50 3 50 3 50 50 25 n/a n/a n/a Refers to the Refers to the Refers to the Refers to the Refers to the minimum Refers to the Refers to the minimum various types of minimum size minimum width minimum allowable allowable distance minimum total percentage of the total developments for an of a lot as measured distance between between a front lot l and area needed site area that must be permitted in each individual lot through the m idpoint any side lot line and any building. to implement a preserved as open specific zoning or each type of the sh ortest line lot line and a Manufactured Home space. district. of development, that can be drawn principal or . Park or Conservation shown in between the front lot accessory Subdiv ision. acres or line and the rear lot line. structure. square (Amended: 23 March feet. 1999; Ord. 4-99) Refers to the Refers to the The number that is used to maximum p ercentage minimum allowable determine the maximum number of a lot that may be distance between a rear of dwelling units permitted in a covered with buildin gs, lot line and a principal conservation subdivision or pavements, and other or accessory structure. manufactured home park. untreated impervious KEY: surfaces. (Amended: n/a - Not applicable. 20 Sept.2016; Ord.2016-14 Page 50 of 123 (3)(a) Table of district requirements – General. This table shall apply as appropriate wherever this Ordinance is applicable. Individual Lot Requirements Yards Conservation Subdivision & Manufactured Home P ark Requirements ZONING DISTRICT Development Type Min. Lot Area Min. Lot Width 6 13 (feet) Max. Imperv. Surface Ratio 1 Side Prin- cipal (feet) Side Acces- sory (feet) Rear Prin- cipal (feet) Rear Acces- sory (feet) Front (feet) Min. Site Area Max. Allowabl e Density ( density unit per acre) Min. Preser. Open Space WETLAND (W) Development, per s. 2.05(4) 10 acres 8 300 7.5% 25 25 50 50 25 n/a n/a n/a NATURAL AREA (NA) All Other Development Conservation Subdivision ( Added: 4 April 2011,;Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022 -05) 15 acres 10,000 450 65 25% n/a 25 25 2 20 20 2 50 50 2 50 50 2 25 25 n/a 15 acres n/a 0.10 n/a 80% EXCLUSIVE AGRICULTURAL (EA) All Development 35 acres 600 25% 50 3 50 3 50 50 25 n/a n/a n/a GENERAL AGRICULTURAL (GA) All Other Development Conservation Subdivision (Added: 4 April 2011; Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) 20 acres 4 10,000 600 65 25% n/a 50 3 50 2 50 3 50 2 50 50 2 50 50 2 25 25 n/a 20 4 acres n/a .10 n/a 80% PRIME AGRICULTURAL (PA) All Other Development Conservation Subdivision (Added: 4 April 2011, Ord.2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) 20 acres 4 10,000 600 65 25% n/a 50 3 50 2 50 3 50 2 50 50 2 50 50 2 25 25 n/a 20 4 acres n/a 0.10 n/a 80% COUNTRYSIDE (CS) All Other Development Conservation Subdivision( Added: 4 April 2011; Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) Manufactured Home Park 10 acres 8, 9 10,000 4,500 5 300 10 65 50 5 25% n/a n/a 40 3 40 2 40 2 20 20 2 40 2 50 50 2 40 2 50 50 2 40 2 25 25 25 n/a 10 8 20 4 acres n/a 0.20 1.50 n/a 80% 50% HEARTLAND-3.5 (HL3.5) All Other Development Conservation Subdivision (Added: 4 April 2011; Ord.2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) Manufactured Home Park (Amended: 28 May 1996’ Ord. 13-96) 3.5 acres 10,000 4,500 5 250 65 50 5 25% n/a n/a 40 3 40 2 40 2 20 20 2 40 2 50 50 2 402 20 20 2 40 2 25 25 25 n/a 7 acres 7 acres n/a 0.50 0.50 n/a 60% 75% Page 51 of 123 (3)(a) Table of district requirements – General. This table shall apply as appropriate wherever this Ordinance is applicable. Individual Lot Requirements Yards Conservation Subdivision & Manufactured Home Park Requirements ZONING DISTRICT Development Type Min. Lot Area Min. Lot Width 6 13 (feet) Max. Imperv. Surface Ratio 1 Side Principal (feet) Side Acces sory (feet) Rear Principal (feet) Rear Acces- sory (feet) Front (feet) Min. Site Area Max. Allowable Density (density unit per acre) Min. Preser. Open Space HEARTLAND-5 (HL5) All Other Development Conservation Subdivision (Added: 4 April 11, Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) Manufactured Home Park (Added: 28 May 1996; Ord. 13 -96) 5 acres 10,000 4,500 5 250 65 50 5 25% n/a n/a 40 3 40 2 40 2 20 20 2 40 2 50 50 2 40 2 40 40 2 40 2 25 25 25 n/a 10 acres 20 4 acres n/a 0.35 0.50 n/a 60% 75% HEARTLAND-10 (HL10) All Other Development Conservation Subdivision( Added: 4 April 2011, Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) Manufactured Home Park (Added: 28 May 1996; Ord. 13-96) 10 acres 8 10,000 4,500 5 300 65 50 5 25% n/a n/a 40 3 40 2 40 2 20 20 2 40 2 50 50 2 40 2 50 50 2 40 2 25 25 25 n/a 10 acres 20 4 acres n/a 0.20 0.50 n/a 80% 75% ESTATE(ES) All Other Development Conservation Subdivision( Added: 4 April 2011;Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 202 2-05) 5 acres 10,000 250 65 25% n/a 25 25 2 20 20 2 50 50 2 40 40 2 25 25 n/a 10 8 acres n/a 0.35 n/a 60% SINGLE FAMILY RESIDENTIAL- 10,000 (SF10) All other Development (with public sewer) (Amended: 22 Ma r. 2022 ; Ord. 2 022 -05) 10,000 65 11 45% 10 5 20 10 25 n/a n/a n/a SINGLE FAMILY RESIDENTIAL- 20,000 (SF20) All Other Development  unsewered  with public sewer Conservation Subdivision (Added: 4 April 2011;, Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) 20,000 16,200 10,000 100 90 65 45% 45% n/a 10 10 20 2 5 5 10 2 40 40 40 2 10 10 20 2 25 25 25 n/a n/a 1.8 acres n/a n/a 3.27 n/a n/a 30% SINGLE FAMILY RESIDENTIAL- 30,000 (SF30) All Other Development Conservation Subdivision ( Added: 4 April 2011; Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) 30,000 10,000 150 65 35% n/a 20 40 2 15 30 2 50 50 2 20 40 2 25 25 n/a 2.8 acres n/a 2.18 n/a 40% SMALL ESTATE RESIDENTIAL (SE) All Other Development Conservation Subdivision (Added: 4 April 2011; Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022- 05) 1.5 acres 10,000 150 65 25% n/a 20 40 2 15 30 2 50 50 2 20 40 2 25 25 n/a 6 acres n/a 1.00 n/a 40% Page 52 of 123 (3)(a) Table of district requirements – General. This table shall apply as appropriate wherever this Ordinance is applicable. Individual Lot Requirements Yards Conservation Subdivision & Manufactured Home Park Requirements ZONING DISTRICT Development Type Min. Lot Area Min. Lot Width 6 13 (feet) Max. Imperv. Surface Ratio 1 Side Prin- cipal (feet) Side Acces- sory (feet) Rear Prin- cipal (feet) Rear Acces- sory (feet) Front (feet) Min. Site Area Max. Allowable Density (density unit per acre) Min. Preser. Open Space RURAL RESIDENTIAL (RR) All Other Development (Deleted: 22 Mar. 2022; Ord. 2022-05) Conservation Subdivision (Added: 4 April 2011; Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022-05) Manufactured Home Park 40,000 10,000 4,500 5 150 65 50 5 35% n/a n/a 20 40 2 40 2 15 30 2 40 2 50 50 2 40 2 20 40 2 40 2 25 25 25 n/a 3.7 acres 5 acres n/a 1.63 6.00 n/a 40% 25% HIGH DENSITY RESIDENTIAL (HD) All Other Development  unsewered  with public sewer Conservation Subdivision (Added: 4 April 2011; Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022-05) Manufactured Home Park 20,000 16,200 10,000 4,500 5 100 90 65 50 5 45% 45% n/a n/a 10 10 20 2 40 2 5 5 10 2 40 2 20 20 40 2 402 10 10 20 2 40 2 25 25 25 25 n/a n/a 1.8 acres 5 acres n/a n/a 3.27 6.00 n/a n/a 30% 25% Multiple Occupancy Development ------------------ See s. 4.08(8), multiple occupancy development requirements (Amended: 5 October 1998, Ord. 22 -98) ----- ------- ---- COMMERCIAL CENTER (CC) All Other Development  unsewered  with public sewer 20,000 16,200 100 90 75% 75% 10 10 5 5 20 20 10 10 25 25 n/a n/a n/a n/a n/a n/a Multiple Occupancy Development - - - - - - - - - - - - See s. 4.08(8), multiple occupancy development requirements (Amended: 5 Oct. 1998, Ord. 22-98) - - - - - - - - - - - - MIXED USE COMMERCIAL (MC) All Other Development  unsewered  with public sewer 20,000 16,200 100 90 45% 45% 10 10 5 5 20 20 10 10 25 25 n/a n/a n/a n/a n/a n/a Multiple Occupancy Development - - - - - - - - - - - - - - See s. 4.08(8), multiple occupancy development requirements (Amended: 5 Oct. 1998, Ord. 22 -98) - - - - - - - - - - RECREATIONAL COMMERCIAL (RC) All Other Development Conservation Subdivision (Added: 4 April 2011; Ord. 2011-05) (Amended: 22 Mar. 2022; Ord. 2022-05) 20,000 10,000 100 65 45% n/a 10 20 2 5 10 2 20 20 2 10 20 2 25 25 n/a 1.8 acres n/a 3.27 n/a 30% Multiple Occupancy Development - - - - - - - - - - - - - - See s. 4.08(8), multiple occupancy development requirements (Amended: 5 Oct. 1998, Ord. 22-98) - - - - - - - - - - LIGHT INDUSTRIAL (LI) All Development (Note: Side and rear yard requirements shall be doubled for side and rear lot lines that coincide with the Light Industrial District boundary) 60,000 200 60% 20 7 10 7 20 7 10 7 25 n/a n/a n/a Key: n/a – Not applicable. Page 53 of 123 FOOTNOTES: 1. Regarding impervious surface ratio regulations: a. For lots existing as provided in s. 3.04(5), lots created prior to the effective date of this Ordinance, the maximum impervious surface ratio on the lot shall be as it existed on the effective date of this Ordinance or as required here, whichever is greater. (Amended: 20 Sept. 2016; Ord. 2016-14) b. For lots in zoning districts with impervious surfac e ratio allowances less than 30%, where a portion of but not the entire lot, is subject to the Door County Shoreland Zoning Ordinance, the shoreland ordinance allowances only shall be applied to the entire lot. (Added: 20 Sept. 2016; Ord. 2016-14) c. For conservation subdivisions and manufactured home parks, the maximum impervious surface ratio shall be calculate d using the entire development, with the maximum being no more than th at allowed for an individual lot in the district. (Amended: 17 April 2012; Ord. 2012-14) (Amended: 27 May 2014; Ord. 2014-10) d. Property owners seeking to exceed the allowable impervious surface ratio shall be required to obtain an Impervious Surface Authorization permit as described in s. 11.03. (Added: 20 Sept. 2016; Ord. 2016-14) 2. For conservation subdivisions and manufactured home parks, the yards refer to minimum yard requirements as measured from perimete r of site area devoted to development. (Amended: 17 April 2012; Ord. 2012-14) 3. For lots existing as provided in s. 3.04(5), lots created prior to the effective date of this Ordinance, the minimum side yard requiremen ts shall be 20% of the lot width or 50 feet in the EA, GA, and PA district or 40 feet in the CS, HL3.5, HL5, and HL10 districts, whichever is less. In the Heartlan d zoning districts in the Town of Gibraltar, the minimum side yard requirement for lo ts existing as provided in Section 3.04(5) shall be 20% of the lot width or 20 feet, whichever is less. (Amended 22 Aug. 2006; Ord. 2006-16; Effective 12 Sept. 2006) (Amended: 27 May 2014; Ord. 2014-10) (Amended: 20 Sept. 2016; Ord. 2016-14) 4. This minimum area requirement shall include areas which are one half of one- sixteenth of a section as shown on the original United States Government Survey, such areas being 20 acres, or nearly so, in size. 5. Refers to minimum area or minimum width requirem ents for individual manufactured home sites within a manufactured home park. (Amended: 25 June 1996; Ord. 16-96) 6. (Amended: 22 October 1996; Ord. 29-96) (Deleted: 20 Sept. 2016; Ord. 2016-14) 7. For side and rear lot lines that coincide with the boundary of the Light Industrial district, such yard requirements shall be doubled. (Added: 25 June 1996; Ord. 16- 96) 8. This minimum area requirement shall include par cels which are quarter, quarter, quarter sections (1/64th of a section) as described within the original United States Government Survey, said parcels being 10 acres, or nearly so in area. (Added: 22 October 1996; Ord. 33-96) (Amend ed; 4 April 2011; Ord. 2011-05) 9. Minimum lot area in the Countryside (CS) zoning district in the Town of Baileys Harbor shall be 5 acres. (Added: 26 June 2008; Ord. 2008-07) 10. The minimum lot width in the Countryside (CS) z oning district in the Town of Baileys Harbor shall be 250’. (Added: 26 June 2008; Ord. 2008-07) 11. The minimum lot width for corner lots shall be 75’. (Added: 22 February 2011; Ord. 2011-03) 12. (Added: 17 April 2012; Ord. 2012-14) (Deleted: 20 Sept. 2016; Ord. 2016-14) 13. For lots that front on navigable water, the minimum lot frontage at the ordinary high water mark shall not be less than the minimum lot width for the district in which the lot is located. Page 54 of 123 (3)(b) Table of district requirements – Town of Gibraltar. This table shall apply in the Town of Gibraltar. Commentary: In order to determine all district requirements in the Town of Gibraltar, reference to s. 3.02(3) (a), table of district requirements – general, is also required. Individual Lot Requirements Yards Conservation Subdivision & Manufactured Home Park Requirements ZONING DISTRICT Development Type Min. Lot Area Min. Lot Width 59 (feet) Max. Imperv. Surface Ratio 1 Side Prin- cipal (feet) Side Accessory (feet) Rear Prin- cipal (feet) Rear Acces- sory (feet) Front (feet) Min. Site Area Max. Allowable Density (density unit per acre) Min. Preser Open Space CONSERVATION AREA (CA) All Development 15 a cres 450 25% 25 20 50 50 25 n/a n/a n/a COUNTRYSIDE-5 (CS5) All Other Development Conservation Subdivision (Added: 4 April 2011; Ord. 2011-05) Manufactured Home Park 5 acres 10,000 8 4,500 4 250 65 8 50 4 25% n/a n/a 40 3 40 2 40 2 20 20 2 40 2 50 502 40 2 40 40 2 40 2 25 25 25 n/a 10 6 acres 207 acres n/a 0.35 1.50 n/a 60% 50% CHAMBERS ISLAND (CI) Lots fronting navigable water, all development Lots not fronting navigable water, all development (Added: 25 March 2014; Ord. 2014-03) 3 acres 10 acres 6 350 600 25% 25% 50 3 100 3 15 15 50 50 20 20 25 25 n/a n/a n/a n/a n/a n/a NEIGHBORHOOD RESIDENTIAL (NR) All Other Development  unsewered  with public sewer Conservation Subdivision (Added: 4 April 2011; Ord. 2011-05) 20,000 16,200 10,000 8 100 90 65 8 45% 45% n/a 10 10 20 2 5 5 10 2 20 20 40 4 10 10 20 2 25 25 25 n/a n/a 1.8 acres n/a n/a 3.27 n/a n/a 30% Multiple Occupancy Development - - - - - - See s. 3.15(4)(d) and s. 4.08(8), multiple occupancy development requirements (Amended: 5 Oct. 1998, Ord. 22-98) - - - - - - VILLAGE COMMERCIAL (VC) All Other Development  unsewered  with public sewer 20,000 16,200 100 90 75% 75% 10 10 5 5 20 20 10 10 25 25 n/a n/a n/a n/a n/a n/a Multiple Occupancy Development - - - - - - See s. 3.15(4)(b) and s. 4.08(8), multiple occupancy development requirements (Amended: 5 Oct. 1998; Ord. 22-98) - - - - - - Page 55 of 123 (3)(b) Table of district requirements – Town of Gibraltar (continued). This table shall apply in the Town of Gibraltar. Individual Lot Requirements Yards Conservation Subdivision & Manufactured Home Park Requirements ZONING DISTRICT Development Type Min. Lot Area Min. Lot Width 5 9 (feet) Max. Imperv. Surface Ratio 1 Side Prin- cipal (feet) Side Acces- sory (feet) Rear Prin- cipal (feet) Rear Acces- Sory (feet) Front (feet) Min. Site Area Max. Allowable Density (density unit per acre) Min. Preser Open Space GENERAL COMMERCIAL (GC) All Other Development  unsewered  with public sewer 20,000 16,200 100 90 45% 45% 10 10 5 5 20 20 10 10 25 25 n/a n/a n/a n/a n/a n/a Multiple Occupancy Development - - - - - - - - - - - - - - See s. 4.08(8), multiple occupancy development requirements (Amended: 5 Oct. 1998; Ord. 22-98) - - - - - - - - - - KEY: n/a - Not applicable. FOOTNOTES: 1. Regarding impervious surface ratio regulations: a. For lots existing as provided in s. 3.04(5), lots created prior to the effective date of this Ordinance, the maximum impervious surface ratio on the lot shall be as it existed on the effective date of this Ordinance or as required here, whichever is greater. (Typographical Correction: 16 May 2007) (Amended: 20 Sept. 2016; Ord. 2016-14) b. For lots in zoning districts with impervious surfac e ratio allowances less than 30% where a portion of but not the entire lot is subject to the Door County Shoreland Zoning Ordinance, the shoreland ordinance allowances only shall be applied to the entire lot. (Added: 20 Sept. 2016; Ord. 2016-14) c. For conservation subdivisions and manufactured home parks, the maximum impervious surface ratio shall be calculate d using the entire development, with the maximum being no more than th at allowed for an individual lot in the district. (Amended: 17 April 2012; Ord. 2012-14) (Amended: 27 May 2014; Ord. 2014-10) d. Property owners seeking to exceed the allowable impervious surface ratio shall be required to obtain an Impervious Surface Authorization permit as described in s. 11.03. (Added: 20 Sept. 2016; Ord. 2016-14) 2. For conservation subdivisions and manufactured home parks, the yards refer to minimum yard requirements as measured from perimeter of site area devoted to development. (Amended: 17 April 2012; Ord. 2012-14) 3. For lots existing as provided in s. 3.04(5), lots created prior to the effective date of this Ordinance, the minimum side yard requiremen ts shall be 20% of the lot width or 40 feet in the CS5 and CI districts, which ever is less. (Amended: 22 Aug. 2006; Ord. 2006-16; Effective 12 Sept. 2006) (Amen ded: 25 March 2014; Ord. 2014-03) (Amended: 27 May 2014; Ord. 2014-10) (Amended: 20 Sept. 2016; Ord. 2016-14) Commentary: This footnote (3) grandfathers long-st anding side yard setbacks in two of the larger zoning districts which are unique to the Town of Gibraltar . (Added 22 Aug. 2006; Ord. 2006-16 ; Effective 12 Sept. 2006) (Amended: 25 March 2014; Ord. 2014- 03) 4. Refers to minimum area or minimum width requirem ents for individual manufactured home sites within a manufactured home park. (Amended: 25 June 1996; Ord. 16-96) 5. (Amended: 22 October 1996; Ord. 29-96) (Deleted: 20 Sept. 2016; Ord. 2016- 14) 6. This minimum area requirement shall include parcels which are quarter, quarter, quarter sections (1/64 th of a section) as described within the original United States Government Survey, said parcels being 10 acres, or nearly so in area. (Added: 4 April 2011; Ord. 2011-05) 7. This minimum area requirement shall include areas which are one half of one- sixteenth of a section as shown on the original United States Government Survey, such areas being 20 acres, or nearly so, in size. (Added: 4 April 2011; Ord. 2011-05) 8. (Added: 17 April 2012; Ord. 2012-14) (Deleted: 20 Sept. 2016; Ord. 2016-14 ) 9. For lots that front on navigable water, the minimum lot frontage at the ordinary high water mark shall not be less than the minimum lot width for the district in which the lot is located. Page 56 of 123 (6) Lots which qualify as building sites as provi ded in sub. (5) may be enlarged through acquisition of adjacent property, but need not comply with the provisions of s. 3.02(3), table of district requirements. Any such lots which have been enlarged through land acquisition or combining of separate parcels into a single legal description shall not be thereafter reduced or rearranged except in compliance with s. 3.02, district requirements. (Amended: 25 June 1996; Ord. 16-96) 3.05 Setbacks from roads. (1) State and federal roads. Except as provided i n subs. (5),(5a), and (6), the minimum required setback for all structures fronting on state and federal roads shall be 90 feet from the centerline of the right-of-way or 57 feet from the edge of the right-of-way, whichever is greater .(Amended: 29 January 2002; Ord. 02-02) (Amended: 26 Feb. 2013; Ord. 2013-08) (Typographical error corrected: 20 Sept. 2016; Ord. 2016-14) (2) County roads. Except as provided in subs. (5) , (5a), and (6), the minimum required setback for all structures fronting on county roads shall be 75 feet from the centerline of the right-of-way or 42 feet from the edge of the right-of-way, whichever is greater. (Amended: 29 January 2002; Ord. 02-02) (Amended: 28 Feb. 2013; Ord. 2013-08) (3) Town roads. Except as provided in subs. (5), (5a), and (6), the minimum required setback for all structures fronting on all town roads shall be 65 feet from the centerline of the right-of-way or 32 feet from the edge of the right-of-way, whichever is greater. (Amended: 29 January 2002; Ord. 02-02) (Amended: 26 Feb. 2013; Ord. 2013-08) (Typographical error corrected: 20 Sept. 2016; Ord. 2016-14) (4) Private roads. The required setback for all structures fronting on private roads or private road easements, except those serving 4 lots or less, shall be 30 feet. No setback shall be required from private roads or private road easements which serve 4 lots or less. If the width of the private road or private road easement is described by plat, survey, deed or similar document, the setback shall be measured from the edge of the described road or road easement. If the width of the private road or private road easement is not so described, then the setback shall be measured from the edge of the traveled roadway . (Amended: 27 May, 1997; Ord. 14-97) ( 5) The required setback for roads in the Commercial Center, Mixed Use Commercial, Village Commercial, General Commercial, and High Density Districts within areas designated “Core” in the Door County Comprehensive and Farmland Preservation Plan shall be 25’ from the right-of-way. (Amended: 27 February 2007; Ord. 2007-04; Effective 12 March 2007) (Amended: 30 August 2011; Ord. 2011-11) (Amended: 26 Feb. 2013; Ord. 2013-08) (Amended: 20 Sept. 2016; Ord. 2016-14) (Amended: 22 Mar. 2022; Ord. 2022-05) (5 a) The required setback for roads shall be 25’ from the right-of-way in the Single- Family Residential 10,000 district, for residential lots within conservation subdivisions, and for Residential Uses as listed in s. 2.05(3)(a) and (3)(b), Table of Principal Uses, in the Recreational Commercial district. (Added: 26 Feb 2013; Ord.2013-08) (Amended: 22 Mar. 2022; Ord. 2022-05) Page 57 of 123 (6) Setback reduction. (Amended: 20 Sept. 2016; Ord. 2016-14) (a) Where each side of the proposed building location is occupied by an adjacent principal building located closer to the road than the required setback and located within 200 feet of the proposed building footprint, the required setback for the proposed building shall be the average of the setbacks of the adjacent principal buildings. (Amended: 20 Sept. 2016; Ord. 2016-14) (b) Where one side of the proposed building loca tion is occupied by an adjacent principal building located closer to the road than the required setback and located within 200 feet of the proposed building footprint, the required setback for the proposed building shall be the average of the setback of the adjacent principal building and the setback required for that particular road. (Amended: 20 Sept. 2016; Ord. 2016-14) (c) When the required road setback, in conjunction with the Door County Shoreland Zoning Ordinance required ordinary high water mark setback, leaves a buildable area of less than 30 feet in depth, the required road setback shall be reduced to provide a buildable area depth of up to 30 feet, except that in no case shall the required road setback be less than 10 feet from the right-of-way . (Added: 20 Sept. 2016; Ord. 2016-14) (7) How measured. Setbacks from roads shall be m easured from the nearest portion of a structure . (Amended: 25 June 1996; Ord.16-96) (8) Exemptions. The following structures shall be permitted within the required setback of roads, provided that they do not violate any other provisions of this Ordinance: (a) Structures which are not buildings and which are less than 6 inches above preconstruction grade. (b) (Deleted: 23 May 2023; Ord. 2023-01) (c) Minor structures, as listed in s. 3.12(1)(a). (d) Fences, provided they are not located within a public right-of-way. (e) Signs, as provided in Chapter 8. (f) Outdoor lighting installations and unenclosed canopies for lighting and rain protection in conjunction with such uses as automobile fuel sales or drive-in facilities, provided these items are not located within a public right-of-way and provided that they are not located in side yards. (g) Structures such as ramps and landings, lifts, or elevator housing, which are designed and intended to comply with the requirements of the Americans with Disabilities Act or fair housing laws to make existing buildings accessible to Page 58 of 123 disabled people, and where no feasible alternative locations exist. (h) Overhanging eaves and gutters, provided they extend not more than 2 feet into the required setback and are not located within a public right-of-way. (Added: 25 June 1996; Ord. 16-96) (i) Unenclosed stoops which are not more than 25 square feet in area and unenclosed stairs which are not more than 5 feet in width, provided such items extend not more than 6 feet from the wall of the building and are not located within a public right-of-way. (Added: 25 June 1996; Ord. 16-96) (Amended: 17 December 1996; Ord. 37-96) (Amended: 20 Sept. 2016; Ord. 2016-14) (j) Retaining walls, provided they are not locate d within a public right-of-way. (k) Basement door access stairway and cover (e.g. , BILCO basement access cover). 3.06 Additional setbacks from roads for large buildings. In order to reduce detrimental effects upon roadside scenery within Door County, all nonresidential buildings, and additions thereto, constructed after the effective date of this Ordinance shall conform to the additional setback requirements of this section. These requirements shall apply to all districts, except the Commercial Center, Light Industrial, and Village Commercial districts, and except for the Mixed Use Commercial and General Commercial districts located within areas designated “Core” in the Door County Comprehensive and Farmland Preservation Plan, and are in addition to the required setbacks provided in s. 3.05, setbacks from roads. (Amended: 27 February 2007; Ord. 2007-04; Effective 12 March 2007) (Amended: 20 Sept. 2016; Ord. 2016-14) (1) The requirements of this section shall not apply to residential buildings, including multiple occupancy developments, and emergency service buildings, including fire stations, EMS buildings, and police facilities. (Amended: 25 February 2003; Ord. 02-03; Effective 7 April 2003) (2) Additional setback schedule. The required additional setback from a road shall be determined by a building's total volume according to the following schedule: Total Volume(cubic feet) Additional Setback Requir ed (feet) 0 - 50,000 0 50,001 - 60,000 25 60,001 - 90,000 75 90,001 - 120,000 125 120,001 - 180,000 175 180,001 - 250,000 225 250,001 - 400,000 275 400,001 - 600,000 325 > 600,000 375 Page 59 of 123 (c) Special structures such as elevator penthouse s, grain elevators, observation towers in parks, and smoke stacks . (Amended: 29 Sept. 2015; Ord. 2015-09; Effective 9 Nov. 2015) (Amended: 23 May 2023; Ord. 2023-01) (d) (Deleted: 20 Sept. 2016; Ord. 2016-14) (e) In the Exclusive Agricultural zoning district, the uses listed below: 1. Structures or equipment used or designed for the production, transmission, delivery, or furnishing of heat, light, water, power, or sewer services; and 2. Mobile tower siting facilities, radio broadcast service facilities, broadband network projects pursuant to §196.504, Wis. Stats., and other communications services support structures and related facilities. (Added: 23 May 2023; Ord. 2023-01) (3) Public or semi-public facilities such as schoo ls, churches, monuments, libraries, governmental offices and stations, may be erected to a height of 60 feet provided that all required setbacks and yards are increased by not less than one foot for each foot the structure exceeds 35 feet in height. (4) The height of a fence in the Single-Family R esidential 10,000, Single-Family Residential 20,000, Single-Family Residential 30,000, High Density, and Small Estate zoning districts shall not exceed 8 feet above preconstruction grade at any point. (Added: 22 Mar. 2022; Ord. 2022-05) 3.09 Front, rear, and side yards. Except as dictated by s. 3.05, setbacks from roads, the following shall apply to front, rear, and side yards: (Amended: 20 Sept. 2016; Ord. 2016-14) (1) How measured. The yard distances shall be mea sured from the nearest portion of the structure, except that the first 2 feet of overhanging eaves and gutters of buildings shall not be included where the yard requirement exceeds 5 feet. (Amended: 20 Sept. 2016; Ord. 2016-14) (2) Exemptions. The following structures are perm itted in front, rear, and side yards provided they do not violate any other provision of this Ordinance: (a) (Deleted: 23 May 2023; Ord. 2023-01) (b) Fences, provided they are not located within public rights-of-way. (c) Structures which are not buildings and which are less than 6 inches above preconstruction grade. (d) Minor structures, as listed in s. 3.12(1)(a). Page 60 of 123 (e) Signs, as provided in Chapter 8. (Added: 20 Sept. 2016; Ord. 2016-14) (f) Structures such as ramps and landings, lifts, or elevator housing which are designed and intended to comply with the requirements of the Americans with Disabilities Act or fair housing laws to make existing buildings accessible to disabled people, and where no feasible alternative locations exist . (Added: 20 Sept. 2016; Ord. 2016-14) (g) Unenclosed stoops which are not more than 25 s quare feet in area and unenclosed stairs which are not more than 5 feet in width, provided such items extend not more than 6 feet from the wall of the building and are not located within a public right-of-way. (Added: 20 Sept. 2016; Ord. 2016-14) (h) Basement door s access stairway and cover (e.g., BILCO basement access cover) . (Added: 22 Mar. 2022; Ord. 2022-05) (i) Retaining walls, provided they are not located within a public right-of-way. (3) Applicability to functional appurtenances. An y functional appurtenances to a principal building, such as decks, stairways, and balconies, which are attached to or located within 3 feet of the principal building shall comply with the yard requirements for principal structures. (Added: 25 February 1997, Ord. 5-97) 3.10 Landscape buffers. (1) Purpose. These requirements are intended to reduce potential adverse impacts that a particular land use might have on occupiers of adjacent properties, such as glare of lights, dust, litter, and visual appearance. With vegetative screening, such adverse impacts will be lessened. (2) Applicability. The landscape buffer requirem ents shall only apply to proposed uses and expansions of existing uses which 1) adjoin lots located in the districts specified in par. (a) and which 2) carry a higher use impact rating than existing uses on adjoining lots. The absence of either situation shall nullify the requirement for a landscape buffer. (Amended: 25 June 1996; Ord. 16-96) (a) The landscape buffer requirement applies whe re a use is proposed to be located on a lot which adjoins, along a side or rear lot line, a lot which is located in either the Single Family Residential-10,000, Single Family Residential-20,000, Single Family Residential-30,000, Small Estate Residential, Rural Residential, High Density Residential, or Recreational Commercial districts . (Amended: 17 April 2012; Ord. 2012-14) Commentary: Landscape buffers are not required w here an adjoining lot is in the Commercial Center, Mixed Use Commercial, or Village Commercial districts because the use of landscape buffers in a commercial setting might upset the integration of stores, shops, offices, and other activities, and would, therefore, be Page 61 of 123 4.08(9). (Added: 4, April 2011; Ord. 2011-04) (Amended: 22 Mar. 2022; Ord. 2022-05) 3.12 Accessory structures. Accessory structures are permitted subject to the provisions below. These provisions shall not apply to secondary dwelling units, which shall be regulated per s. 4.08(9). (Amended: 22 Mar. 2022; Ord. 2022-05) (1) Permit required. Accessory structures shall r equire a regular zoning permit except: (a) Minor structures such as birdhouses, yard lig ht poles, birdbaths, doghouses (housing dogs which are licensed as the personal pets of the residents of the property), treehouses, noncommercial fuel storage tanks and pumps, clothes line poles, lawn ornaments, flag poles, mailboxes, garbage containers, ice fishing shanties, school bus waiting shelters, farm livestock hutches, and firewood storage structures with no more than three sides and which are less than or equal to 48 square feet and six feet in height , and treehouses/playhouses, farm livestock hutches and hunting stands/blinds which do not exceed 120 square feet in floor area or structure footprint area, whichever is less. (Amended: 25 June 1996; Ord. 16-96) (Amended: 20 Sept. 2016; Ord. 2016-14) (b) Fences. (c) Structures which are less than or equal to 1 20 square feet in floor area or structure footprint area, whichever is less. Such accessory structures shall comply with setback, yard, and dimensional requirements for the district in which it is located, and all other applicable requirements of this Ordinance. (d) Structures constructed of non-rigid exterior materials (e.g., canopy or tent-like material, or similar material) and without a permanent foundation, which do not exceed 13 feet 6 inches in height above finished grade. This exception includes storage and greenhouse accessory structures. Such accessory structures shall comply with setback, yard, and dimensional requirements for the district in which it is located, and all other applicable requirements of this Ordinance. (2) Accessory structures may contain living quarte rs, subject to the followingprovisions below. These provisions shall not apply to secondary dwelling units, which shall be regulated per s. 4.08(9). : (Amended: 20 Sept. 2016; Ord. 2016-14) (a) The accessory structure(s) is/are accessory to a single-family residence; and (Added: 20 Sept. 2016; Ord. 2016-14) (b) The square footage floor area of all living quarters in all accessory structures totals 749 square feet or less (Note: This provision shall be in addition to living quarters authorized as a secondary dwelling unit); and (Added: 20 Sept. 2016; Ord. 2016-14) (Amended: 28 August 2018; Ord. 2018-16) (c) Except for detached secondary dwelling units, which shall be regulated per s. 4.08(9), accessory Accessory structures containing living quarters shall not contain sleeping places; and (Added: 28 August 2018; Ord. 2018-16) Page 62 of 123 (d) The accessory structure(s) containing living quarters shall not be conveyed or separated in ownership from the associated single-family residence unless the Door County Land Use Services Department approves, per ordinances in effect at that time. (Added: 20 Sept. 2016; Ord. 2016-14) (Amended: 28 August 2018: Ord. 2018-16) (Amended: 22 Mar. 2022; Ord. 2022-05) (3) Accessory structures shall be located on the same lot as the principal use to which it is accessory. (4) Accessory structures shall not be permitted u ntil its associated principal structure or use is present or under construction, except minor structures, as listed in s. 3.12(1)(a), and that one additional accessory building structure, may be permitted prior to the erection of a principal structure , provided the following requirements are met subject to the provisions below : (a) The floor footprint area of the accessory building structure shall not exceed 120 square feet. (b) The total height of the accessory building structure shall not exceed 13 feet 6 inches as measured to the highest point on the roofabove finished grade . (Amended: 22 Mar. 2022; Ord. 2022-05) (c) (Deleted: 22 Mar. 2022; Ord. 2022-05) (d) (Deleted: 22 Mar. 2022; Ord. 2022-05) (e) (Deleted: 22 Mar. 2022; Ord. 2022-05) (f) The building structure shall comply with all setback and yard requirements for accessory structures. (g) There shall be no water service, sanitary was te disposal, or electricity connected to the accessory building structure . (5) Items prohibited as accessory structures. Su ch items as, but not limited to, boats, truck bodies, manufactured homes, buses, railroad cars, shipping containers, and trailers shall not be used as accessory structures, except that manufactured homes shall be allowed as secondary dwelling units in the zoning districts where manufactured homes are allowed. (Amended: 22 Mar. 2022; Ord. 2022-05) (6) Additional requirements in the SF10, SF20, SF3 0, HD, RC, and NR districts. Buildings which are accessory to single family residences and duplexes in the Single Family Residential-10,000, Single Family Residential-20,000, Single Family Residential-30,000, High Density Residential, Recreational Commercial and Neighborhood Residential districts shall comply with the following requirements: (Amended: 27 February 2007, Ord. No. 2007-04; Effective 12 March 2007) (Amended: 22 February 2011, Ord. No.2011-03) (a) No more than 4 accessory buildings shall be p ermitted on a lot in these Page 63 of 123 districts. The combined total floor area of such accessory buildings shall not exceed the area of the building footprint of the principal building on the lot. (Amended: 28 May 2012, Ord. No. 2012-11) (b) The maximum height of an accessory building shall be determined by either of the following methods: not exceed 16 feet above finished grade elevation or the height of the principal building to which it is accessory, whichever is greater. 1. General method. No accessory building shall have a height greater than 16 feet above finished grade elevation. (Amended: 17 April 2012, Ord. No.2012-14) 2. Alternate method. Accessory buildings may exceed 16 feet above finished grade elevation provided the following requirements are met: (Amended: 17 April 2012, Ord. 2012-14) a. The height of an accessory building shall not exceed the height of the principal building to which it is accessory. b. Roof pitch. The roof pitch of the largest roof element of an accessory building shall not be steeper than 1 unit in 12 units more than the pitch of the largest roof element of the principal building and no flatter than 3 units in 12 units less than the pitch of the largest roof element of the principal building. (Amended: 22 Mar. 2022; Ord. 2022-05) c. (Deleted: 20 Sept. 2016; Ord. 2016-14) d. (Deleted: 20 Sept. 2016; Ord. 2016-14) e. (Deleted: 27 February 2007; Ord. 2007-03) f. (Deleted: 25 June 1996; Ord. 16-96) g. (Deleted: 25 June 1996; Ord. 16-96) h. Side wall height. The height of the highest side wall of an accessory structure shall not exceed the height of the highest side wall of the principal building. i. (Deleted: 25 June 1996; Ord. 16-96) (c) (Added: 25 June 1996; Ord. 16-96) (Deleted: 20 Sept. 2016; Ord. 2016-14) (7) In the Heartland-3.5, Heartland-5, and Heartl and-10 districts, the total floor area of all buildings on the lot accessory to residential uses shall not exceed 3,000 square feet. The floor area of buildings sided in wood and/or stone and which existed on May 3, 1992 shall not be counted in calculating the 3,000 sq. ft. maximum. (Amended: 28 May 1996; Ord. 13-96) (Amended: 22 Mar. 2022; Ord. 2022-05) (a) (Amended: 24 June 1997, Ord. 16-97) (Relocated: 22 Mar. 2022; Ord. 2022-05) Page 64 of 123 finished slope of said fill shall not exceed one foot vertical per five feet horizontal. Building site preparation and filling required to comply with the provisions of the Door County Floodplain Zoning Ordinance shall be exempt from the provisions of this paragraph. (Added: 8 August 2000; Ord. 15-00) (2) Navigable water protection . (Relocated to s. 3A.06: 27 May 2014; Ord. 2014-10) (Navigable water protection regulations in s. 3A.06 revised and moved to Door County Shoreland Zoning Ordinance: 20 Sept. 2016; Ord. 2016-14) (3) Land disturbance. A regular zoning permit sha ll be required for any land disturbance of a site in excess of 10,000 square feet or in excess of 1,000 cubic yards of earth material by means of filling, grading, or excavating. This section shall not apply to planting, growing, cultivating and harvesting agricultural crops, nor to installation of sanitary waste disposal systems or construction of public roads and walkways. (Amended: 23 May 2023; Ord. 2023-01) (4) Permit. If a regular zoning permit is requ ired by sub. (3) for the filling, grading, lagooning, dredging, ditching, excavating, or land disturbance, the permit shall be granted only upon finding that the proposed activity would not result in erosion nor alter any wetland, and would be designed and constructed in accordance with standards contained in the United States Department of Agriculture/ Soil Conservation Service/ Wisconsin Section IV Technical Guide. (Amended: 8 August 2000; Ord. 15-00) (Amended: 20 Sept. 2016; Ord. 2016-14) Commentary: Filling and grading in the Wetland di strict may only be authorized under s. 2.05(4), uses pertaining to the Wetland district. 3.15 Special development requirements. (1) Purpose. The purpose of this section is to pr ovide specific development requirements which are necessary to protect scenic and natural resources, preserve the character of an area, or otherwise protect public health, safety, and welfare within certain towns, portions of towns, or portions of the county. (2) Applicability. The requirements of this secti on shall apply only to the districts and/or areas specified in each subsection. These requirements shall override any requirements which are described elsewhere in this Ordinance for the zoning districts, but only to the extent that they confli ct with such requirements. (3) Town of Washington special development require ments. (a) The requirements in subds. 1.-5. shall apply to all parts of the Town of Washington, except for the following parcels of land: In Section 32, Town 34 North, Range 30 East, the NE1/4 NE1/4, the SW1/4 NE1/4, the SE1/4 NE1/4, the NE1/4 SE1/4 and the NW1/4 SE1/4. In Section 33, Town 34 North, Range 30 East, the SW1/4 NE1/4 NE1/4, the S1/2 NW1/4 NE1/4, the SW1/4 NW1/4, the SE1/4 NW1/4, the NE1/4 SW1/4, the NW1/4 SW1/4 and the SW1/4 SW1/4. Page 65 of 123 1. Minimum lot area. The minimum required lot a rea in all districts shall be as specified in s. 3.02(3), table of district requirements, or 60,000 square feet, whichever is greater. 2. Minimum lot width. The minimum required lot width in all districts shall be as specified in s. 3.02(3), table of district requirements, or 200 feet, whichever is greater. For lots that front ing on navigable water, the distance as measured along the shore between the points of intersection of the lot lines with minimum lot frontage at the ordinary high water mark shall also be at least 200 feet. 3. Side yard, principal building. The required minimum side yard for each principal building shall be as specified in s. 3.02(3), table of district requirements, or 25 feet, whichever is greater, except that for lots of record which do not contain sufficient area or width to conform to the requirements of subds. 1. and 2. the yard requirements of s. 3.02(3), table of district requirements, shall apply . (Amended and relocated from s. 3.15(3)(a)4.: 20 Sept. 2016; Ord.2016-14) 4. (Amended: 27 May 2014; Ord. 2014-10) (Deleted: 20 Sept. 2016; Ord. 2016-14) 5. Manufactured homes restricted. No manufactur ed home park shall be permitted. No manufactured home shall be permitted, except as provided by s. 4.08(6), temporary manufactured homes. (b) The following shall apply to the areas except ed in par.(a) above: (Amended: 20 Sept. 2016; Ord. 2016-14) 1. Minimum lot area. The required minimum lot a rea shall be 5 acres. 2. Minimum lot width. The required minimum lot width shall be 300 feet. 3. (Deleted: 20 Sept. 2016; Ord. 2016-14) (4) Town of Gibraltar special development requirements. (Deleted: 20 Sept. 2016; Ord. 2016- 14) (a) (Added: 22 Aug. 2006; Ord. 2006-16 – Effective 12 Sept. 2006) (Amended and relocated to s. 3.08: 20 Sept. 2016; Ord. 2016-14) (b) (Deleted: 20 Sept. 2016; Ord. 2016-14) 1. (Deleted: 20 Sept. 2016; Ord. 2016-14) 2. (Added: 22 Aug. 2006; Ord. No. 2006-16 – Effective 12 Sept. 2006) (Amended and relocated to s. 3.08: 20 Sept. 2016; Ord. 2016-14) (c) Blank (d ) (Added: 22 Aug. 2006; Ord. No. 2006-16 – Effective 12 Sept. 2006) (Amended and relocated to sections 4.08(8)(c)1.a. and (c)2.a.: 20 Sept. 2016; Ord. 2016-14) Page 66 of 123 (5) Town of Liberty Grove special development requ irements. (Created 6 May 1996, Ord. 10- 96) (a) (Deleted: 22 Mar. 2022; Ord. 2022-05) (b) (Deleted: 22 Mar. 2022; Ord. 2022-05) (c) (Deleted: 22 Mar. 2022; Ord. 2022-05) (d) (Amended: 29 January 2002; Ord. 03-02) (Amended: 22 February 2011; Ord. 2011-03) (Amended: 20 Sept. 2016; Ord. 2016-14) (Deleted: 22 Mar. 2022; Ord. 2022-05) (6) Town of Baileys Harbor special development requirements. (a) Purpose. These provisions are intended to protect public health, safety, aesthetics, and other aspects of the general welfare by insuring that future development is in harmony with the desired visual and physical character of the town. (b) Principal and accessory structures in the Core Area of Baileys Harbor as designated by the Door County Comprehensive and Farmland Preservation Plan shall not have pressed or corrugated metal, or corrugated fiberglass or plastic as exterior siding materials. This prohibition shall not apply to products meant to simulate horizontal clapboard such as vinyl or aluminum siding. (Added: 03 August 1998; Ord. 13-98) (Amended: 22 February 2011; Ord. No. 2011-03)(Amended: 15 April 2014; Ord. 2014-06) (Amended: 20 Sept. 2016; Ord. 2016-14) (7) Town of Jacksonport special development requirements. (Added: 29 July 2008, Ord. No. 2008-13)(Amended: 17 April 2012; Ord. 2012-14) (Deleted or amended and relocated: 20 Sept. 2016; Ord. 2016- 14) (a) (Amended and relocated to s. 3.08: 20 Sept. 2016; Ord. 2016-14) (b) (Deleted: 20 Sept. 2016; Ord. 2016-14) 3.16 Exclusive Agricultural district restriction. (Deleted 30 Sept. 2010; Ord. 2010-13) 3.17 Alleys. (Created: 30 August 2011; Ord. 2011-11) (1) Alleys shall only be allowed in the SF10, SF20, HD, CC, MC, RC, NR, VC, and GC zoning districts. (2) Alleys shall not exceed 600 feet in length, as measured from the intersecting road rights-of-way. (3) The minimum required setback from alleys for all structures in the SF20, HD, CC, MC, RC, NR, VC, and GC zoning districts shall be 20 feet from the edge of the alley right-of-way as measured from the nearest portion of a structure. The minimum required setback from alleys for all structures in the SF10 zoning district shall be 10 feet from the edge of the alley right-of-way, as measured from the nearest portion of a structure. These setbacks shall supersede the yard Page 67 of 123 CHAPTER 4 PARTICULAR USE REQUIREMENTS 4.01 Purpose. 4.06 Institutional use s requirements. 4.02 Applicability. 4.07 Outdoor recreational uses 4.03 Agricultural uses requirements. requirements. 4.04 Commercial uses requirements. 4.08 Residen tial uses requirements. 4.05 Industrial uses requirements. 4.09 Misce llaneous uses requirements. 4.01 Purpose . The purpose of these requirements is to minimize potential negative impacts from certain uses and to promote compatibility between particular uses and surrounding uses. 4.02 Applicability . In addition to complying with other regulations established in this Ordinance, these requirements must be met for each specific use. These requirements shall override any requirements which are described elsewhere in this ordinance for the zoning districts, but only to the extent that they conflict with such requirements. (Amended: 25 June 1996; Ord. 16-96) (Amended: 26 Aug. 1997; Ord. 23-97 ) 4.03 Agricultural uses requirements . (1) Agriculture. (Amended: 26 August 1997; Ord. 21-97) (a) Any agricultural use involving animals shall provide sufficient shelter and open space to meet or exceed any standards set by the United States Department of Agriculture and/or the Wisconsin Department of Natural Resources. Any use of a property involving horses shall comply with the requirements of s. 4.07(4), Commercial and private riding stables. (Added: 26 August 1997; Ord. 21-97 ) (b) Barnyards, feed lots, and farm structures housing animals shall be located so that manure will not drain into navigable water. (Amended: 20 Sept. 2016; Ord. 2016-14) (c) Except in Exclusive Agricultural, Prime Agricultural, and General Agricultural districts, barnyards, feed lots, and farm structures housing animals shall be located at least 200 feet from any dwelling unit other than that of the animal keeper's dwelling unit. (Typographical error corrected: 20 Sept. 2016; Ord. 2016-14) (2) Roadside stands. (a) Such use shall only involve the sale of unprocessed produce and plants. (Amended: 22 May 2018; Ord. 2018-11; Effective 2 July 2018) (b) A roadside stand shall not exceed 400 square feet of floor area and shall meet Page 68 of 123 all setbacks and provisions of this Ordinance. All parking associated with roadside stands shall meet the provisions of s.7.02(6)(c) - setback. (Recreated: 4 August 2003; Ord. 07-03) (Amended: 22 May 2018; Ord. 2018-11; Effective 2 July 2018) (c) Only one roadside stand shall be permitted on a lot. (3) Farm markets. (Deleted: 22 May 2018; Ord. 2018-11; Effective 2 July 2018) (4) Agricultural visitation facilities. (Added: 26 August 1997; Ord. 21-97) (a) If the agricultural visitation facility involves animals, the requirements of s. 4.03(1)(a) shall be applicable. (b) Off-street parking requirements and standards of Chapter 7 of this Ordinance shall be applicable. 4.04 Commercial uses requirements. (1) ( Deleted: 29 Sept. 2015; Ord. 2015-09; Effective 9 Nov. 2015) (2) Kennels. (a) All dogs shall be housed indoors during the hours from 9:00 p.m. to 6:00 a.m. (b) Minimum side and rear yards for all structures associated with kennels shall be 200 feet. (c) Except as exempted here, all kennels shall be screened from public roads by vegetative screening as described in s. 3.10(4), landscape buffer tree requirements. Structures located at least 200 feet from the centerline of public roads are exempt from the screening requirement. (d) There shall be no more than 2 adult dogs in any single enclosure unit. (3) Restaurants and taverns. (a) Unenclosed seating areas shall comply with the side yard and rear yard requirements for principal buildings. (b) Screening. All unenclosed seating areas shall be screened from adjacent residentially-developed properties by a vegetative screening, as described in s. 3.10(4), landscape buffer tree requirements. (Amended: 20 Sept. 2016; Ord. 2016-14) (c) Lighting. Lighting fixtures intended to illuminate unenclosed seating areas shall be placed no higher than 14 feet above the ground and shall utilize fixtures whose lens, hood, or combination thereof allow no direct beams to be seen from Page 69 of 123 off the property or cast skyward, and the lighting elements of which shall not be visible from adjacent properties. (Amended: 20 Sept. 2016; Ord. 2016-14) (4) Model homes. (a) A model home may be used as a sales office, but shall not include a workshop or construction shop. (b) Outside storage is prohibited. (c) (Deleted: 29 October 2019; Ord. 2019-13) (d) The regular zoning permit for a model home shall expire after 3 years. Renewals shall only be authorized as conditional uses. (5) Auto Vehicle repair. (a) The rebuilding or assembly of automobiles, vehicles, engines, or transmissions on a factory production basis and/or the disassembly of automobiles vehicles on a factory production basis shall not be permitted. (b) All repair, painting, parts storage, and body work activities shall take place within a building. (c) All damaged or non-operable parts shall be stored indoors or in storage containers. (6) Lumber and building supply yards. Such uses shall be screened from public roads by a vegetative screening, as described in s. 3.10(4), landscape buffer tree requirements. (7) Trade or contractor establishments. (a) Except in the Light Industrial district, all outside storage areas and parking of trucks and machinery used in conjunction with the establishment shall be screened from all adjacent properties and public roads by a vegetative screening, as described in s. 3.10(4), landscape buffer tree requirements. (b) All outside storage areas, including stockpiled earth materials (e.g., stone, wood, soil, sod, etc.), shall meet the setback for accessory structures listed in s. 3.02(3)(a). This provision shall not be applicable to parking of trucks and machinery used in conjunction with the establishment. (c) Such use shall not include the conduct of any retail or wholesale business on the premises, except for the sale of products or services produced by the establishment and earth materials used in conjunction with the establishment. Page 70 of 123 (8) Commercial storage facilities. (a) Except in the Light Industrial district, all buildings shall be located a minimum of 50 feet from all lot lines. In the Light Industrial district, the yard requirements listed in s. 3.02(3), table of district requirements, shall apply. (b) Use. Commercial storage facilities shall be used for storage purposes only. Commercial storage facilities shall not contain living quarters and shall not be used for purposes other than storage, such as offices, workshops , or retail shops. (c) Outside storage. Outside storage shall be prohibited. (d) Screening. Such facilities shall be screened from public roads by a vegetative screening, as described in s. 3.10(4), landscape buffer tree requirements. (e) For commercial storage facilities located within the Town of Liberty Grove, the required setback from roads shall be as specified in s. 3.05, setback from roads, and s. 3.06, additional setback from roads for large buildings, or 150 feet from the centerline, whichever is greater. (Added: 6 May 1996; Ord. 10-96) (9) Home offices/studios. The use of a dwelling unit or accessory structure for a home office/studio shall be clearly secondary to the residential use of the property and shall not change the property’s residential character. The following shall apply: (a) Home offices/studios shall not require a zoning permit. (b) A maximum of two home offices/studios shall be permitted per lot or building site. In no instance shall there be more than two home-based enterprises on a lot or building site, whether those enterprises are home offices/studios and/or home occupations and/or home businesses. (c) The home office/studio business shall be conducted by resident(s) of the dwelling unit. Other persons may be employed by the business but shall not work on the premises. (d) Home offices/studios may be conducted in any dwelling unit or accessory building. The total floor area dedicated to home offices/studios, whether located within the dwelling unit and/or in an accessory building, shall be no more than 25% of the floor area of the dwelling unit. (e) Such use shall not include the conduct of any retail or wholesale business on the premises, nor any other activity requiring visits by members of the public. Page 71 of 123 (13) Family day care homes. (a) Pick up and drop off areas shall not be located within any public right-of-way. (b) Family day care homes shall provide at least 100 square feet of outdoor play area per child. (c) Outdoor play areas shall be enclosed by a wall or fence and shall be separated from vehicular circulation and parking areas. (d) (Deleted: 29 October 2019; Ord. 2019-13) (14) Day care centers. (a) Pick up and drop off areas shall not be located within any public right-of-way. (b) Day care centers shall provide at least 100 square feet of outdoor play area per child. (c) Outdoor play areas shall be enclosed by a wall or fence and shall be separated from vehicular circulation and parking areas. (15) Art galleries. In the Heartland zoning districts in the Town of Liberty Grove, an Art Gallery shall be allowed only in buildings which reflect the architectural character of the rural areas of the town. (Amended: 5 August 2013; Ord. 2013-10) The buildings’ exterior shall be logs, stove wood, stone, or wood siding, unless other material is approved by the Liberty Grove Town Board. (Added: 15 April 2008, Ord. 2008-01; Effective: 9 May 2008) (Amended: 5 August 2013; Ord. 2013-10) (16) Community Commercial Kitchens. (Added: 28 May 2012; Ord. 2012-13) (a) Community commercial kitchens shall require a r egular zoning permit and shall comply with all applicable state licensing and other regulations. (b) Community commercial kitchens may include other use components, such as retail, restaurant, or winery/brewery, if such use(s) are otherwise allowed in that zoning district and if a separate permit is authorized in accordance with ordinance permit requirements for each use(s). Such use(s) shall also comply with all other applicable ordinance requirements for the use(s). (c) One off-street parking space per worker at peak capacity shall be provided. If the kitchen also involves other use components, such as retail, restaurant, or Page 72 of 123 (c) Such facility shall be screened from all public roads and adjoining properties by a landscape buffer meeting the requirements of Section 3.10(4) of the Door County Zoning Ordinance. (d) There shall be no outdoor amplified sound associated with said facility other than for emergency announcements and warning signals. (e) No public event shall be presented later than 10:30 p.m. (f) Off-street parking shall be established in compliance with Chapter 7 of the Door County Zoning Ordinance. (g) (Deleted: 29 October 2019; Ord. 2019-13) (h) If said facility involves the provision of on-site lodging, the provisions of Section 4.08(8) shall apply. Lodging facilities shall be owned by the Fine Arts Venue. Use of the lodging facilities shall be limited to staff, instructors, performers, students, and others directly involved in the mission of the organization; specifically, there shall be no transient rental of said facilities. The total sleeping capacity of such lodging shall not exceed 3 persons/acre or 75 persons, whichever is less. (i) Said Conditional Use Permit shall not be transferable to any subsequent owner. (j) In the NA, GA, PA, CS, ES, and HL zoning districts, the side and rear yard setbacks for structures and parking areas shall be two times the setbacks for principal structures shown in section 3.02(3)(a) and (b). 4.07 Outdoor recreational uses requirements . (1) Parks. (a) Parks owned and/or managed by units of government. Facilities for active recreation as defined in Section 13.02 shall be located a minimum of 75 feet from lot lines when the abutting property contains a single family residence or, if vacant, is located in a zoning district where single family residences are permitted. (b) Parks which are privately owned. 1. Facilities for active recreation shall be on tracts the larger of either: a. 300 feet wide and 2.0 acres in area; or (Amended: 27 September 2012; Ord. 2012-20) Page 73 of 123 b. The minimum lot width and area for new lots in the zoning district as required by Section 3.02(3). 2. Facilities Principal structures for outdoor active recreation shall be located a minimum of 100 feet from lot lines when the abutting property contains a single family residence or, if vacant, is located in a zoning district where single family residences are permitted. If the abutting property is in public ownership, the minimum setback requirement for that lot line may be relaxed or waived in writing by the abutting public owner. (Added: 27 May 1997; Ord. 15- 97) (Amended: 27 September 2012; Ord. 2012-20) 3. Parks which are privately owned shall be prohibited in the Exclusive Agricultural (EA) zoning district shall meet the requirements of s. 91.44(1)(e) or s. 91.46(1)(g), as applicable, and shall not include active recreation . (Added: 30 September 2010; Ord. 2010-13) (2) Campgrounds. (27 August 2019; Ord. 2019-08; Effective 7 October 2019. Amended, deleted, or renumbered every section of 4.07(2).) (a) The minimum size of a campground shall be 5 acres, except that in the Heartland-3.5, Heartland-5, Heartland-10 and Countryside-5 districts the minimum size shall be 20 acres. (Amended: 27 February 2007; Ord. 2007-04; Effective 12 March 2007) (b) Each campground shall be screened from adjacent properties and public and private roads by means of a vegetative screening, as described in s. 3.10(4), landscape buffer tree requirements. Such requirement may be waived by the Resource Planning Committee, upon referral and recommendation by the Zoning Administrator, if existing woody vegetation is such that the screening objective is or will be achieved. (Amended: 27 March 2018; Ord. 2018-07) (c) One dwelling unit to be occupied by the owner and not more than one additional dwelling unit to be occupied by the manager shall be allowed in a campground. One or both dwelling units may be occupied year-round by the owner and/or manager. (d) The maximum number of camp sites shall be 10 per acre. (e) Camp sites that may potentially accommodate camping cabins shall be designated on the campground site plan. Camping cabins may be placed on a maximum of 20% of the total number of proposed camp sites within a campground. Camping cabins may be wired for electricity and may contain plumbing for toilets, sinks, and bathtubs/showers. (f) All camp sites shall meet the required setbacks from roads, the required setback for accessory structures from the ordinary high water mark, and shall be Page 74 of 123 (b) Maximum capacity shall be 3 persons per acre or 75 persons, whichever is less. Such capacity shall be determined by the number of sleeping spaces provided, number of dining spaces provided, and/or other appropriate means of determination. (Added: 18 December 1997; Ord. 40-97) (8) Public Boat Launching Facilities. (Deleted: 20 Sept. 2016; Ord. 2016-14) (a) (Deleted: 20 Sept. 2016; Ord. 2016-14) (b) (Added: 22 March 2005; Ord. 2005-10) (Deleted: 20 Sept. 2016; Ord. 2016-14) (9) Outdoor Active Recreation Facility. (Added: 26 February; Ord. 2013-07) (a) The minimum lot size requirement shall be 20 acres. (b) Front, side, and rear lot line and road setbacks shall be a minimum of 100 feet. (c) One parking space per four customers shall be provided, based on maximum site capacity. 4.08 Residential uses requirements. (1) Single family residences separated from farm parcels. Single family residences existing prior to the effective date of this Ordinance may be separated from farm parcels, subject to the following: (a) The lot created shall contain at least one acre exclusive of lands within any public right-of-way. (b) The lot width of the resultant lot shall be at least 200 feet. (c) The lot lines created shall place all existing structures in conformance with applicable setback and yard requirements. (d) The creation of the separate lot shall not reduce the remaining tract to a lot area or width less than that required for a new lot in the zoning district. (Amended: 20 Sept. 2016; Ord. 2016-14) (e) (Deleted: 30 September 2010; Ord. No. 2010-13) (2) Farm-related residences. Separate lots created for farm- related residences shall comply with the following: (a) The lot lines created shall place all existing structures in conformance with applicable setback and yard requirements. Page 75 of 123 (Added: 22 Feb. 2022; Ord. 2022-03) 6. The temporary accessory unit shall contain at least 320 square feet of floor area and meet all setback and yard requirements of this Ordinance. (Added: 22 Feb. 2022; Ord. 2022-03) 7. The temporary accessory unit shall be connected to a code complying wastewater disposal system. (Added: 22 Feb. 2022; Ord. 2022-03) 8. All portions of such temporary accessory unit shall be located within 300 feet of the single family residence. (Added: 22 Feb. 2022; Ord. 2022-03) 9. No temporary accessory unit shall be converted to a tourist rooming house or any other form of short-term, transient rental. (Added: 22 Feb. 2022; Ord. 2022-03) (7) Dwellings for Agricultural Production and Processing Workers . (Added: 25 June 1996; Ord. 16-96) (Amended: 22 Feb. 2022; Ord. 2022-03) (a) Such dwellings shall only be occupied by persons who, or a family at least one member of which, is/are actively engaged in agricultural production or processing. (b) The required yards and setbacks shall be doubled, unless such dwellings are screened by a vegetative screening as described in s. 3.10(4), landscape buffer tree requirements. (c) Such dwellings shall be placed on the same lot where the person(s) is/are actively engaged in agricultural production or processing and shall be clustered within 50 feet of each other. (Amended: 22 Feb. 2022; Ord. 2022-03) (d) Such dwellings shall be connected to a code complying wastewater disposal system(s). (e) Not more than 4 dwellings shall be permitted, unless a conditional use permit has been authorized by the Resource Planning Committee. (Amended: 22 Feb. 2022; Ord. 2022-03) (f) No dwelling shall be converted to a tourist rooming house or any other form of short-term, transient rental. (Added: 22 Feb. 2022; Ord. 2022-03) (g) Such dwellings shall be removed from the lot or converted to a different permitted use when the dwellings are no longer used as dwellings for agricultural productions and processing workers. (8) Multiple occupancy development requirements. (Added: 5 October 1998; Ord. 22-98) (a) The establishment, expansion, or redevelopment of a Multiple Occupancy Page 76 of 123 Development (MOD) shall require a conditional use permit, except for 1. – 4. below, which shall be authorized via a regular zoning permit if all density, setback, and other ordinance requirements are met. The reconfiguration of an existing MOD building shall also be authorized via a regular zoning permit, as long as the result is a density that is less than or equal to the previous density and if all setback and other ordinance requirements are met for any additions to the building(s). (Added: 26 Feb. 2013; Ord. 2013-06) (Amended: 22 Feb. 2022; Ord. 2022- 03) 1. MODs containing 12 bedrooms or less. (Added: 22 Feb. 2022; Ord. 2022- 03) 2. MODs wherein a second detached building containing a second occupancy unit is placed on a single lot. (Amended: 22 Feb. 2022; Ord. 2022-03) 3. Expansions or redevelopment of an existing MOD which will result in: a. A one-time expansion per MOD unit of no more th an 500 additional square feet of floor area, to include no more than 2 additional bedrooms, and b. The same number of, or fewer, residential build ings and units, and c. No new buildings containing more than one occup ancy unit. (Amended: 22 Feb. 2022; Ord. 2022-03) 4. MODs containing 24 bedrooms or less where all occupancy units within the MOD are for rent or lease for a period of thirty consecutive days or longer and to persons occupying the units as a primary residence. (Added: 22 Feb. 2022; Ord. 2022-03) (b) Lot requirements. Any building site meeting the minimum lot size requirements of s. 3.02(3), table of district requirements, s. 3.04(5), lots created prior to the effective date of this Ordinance, or s. 3.15, special development requirements, as applicable, may be used for new MODs or for the expansion or redevelopment of an existing MOD. (Amended: 22 Feb. 2022; Ord. 2022-03) 1. (Deleted: 22 Feb. 2022; Ord. 2022-03) a. (Relocated: 22 Feb. 2022; Ord. 2022-03) b. (Deleted: 22 Feb. 2022; Ord. 2022-03) 2. (Deleted: 22 Feb. 2022; Ord. 2022-03) Page 77 of 123 (c) Density. Any room within a MOD occupancy unit that is not a kitchen, living room, dining room, bathroom, or utility room shall be counted as a bedroom. If the building plan for an occupancy unit depicts no bedrooms, the occupancy unit shall be considered to contain one bedroom. (Amended: 14 December 2004; Ord. 2004-25) (Amended: 26 Feb. 2013 ; Ord. 2013-06) 1. MODs in Core Areas. Core Areas are those designated as such by the Door County Comprehensive and Farmland Preservation Plan and are hereinafter referred to as “core areas.” (Amended: 17 April 2012; Ord. 2012- 14) (Amended: 20 Sept. 2016; Ord. 2016-14) Commentary: The maps depicting core areas may be viewed at the Door County Land Use Services Department or on the department’s website. (Amended: 17 April 2011; Ord. 2012-14) (Amended: 2 7 March 2018; Ord. 2018-07) a. The maximum residential density of a MOD in a co re area shall be based on the net lot area and number of bedrooms within the MOD. MODs in core areas shall not exceed 24 bedrooms per acre of net lot area; fractional results shall be rounded down to the nearest whole number. (Amended: 22 Feb. 2022; Ord. 2022-03) Town of Liberty Grove special development requirements. (Added: 28 June 2006; Ord. 2006-14) (Amended: 17 April 2012; Ord. 2012-14) (Deleted: 22 Feb. 2022; Ord. 2022-03) Town of Jacksonport special development requirements. (Added: 29 July, 2008; Ord. 2008-13) (Deleted: 22 Feb. 2022; Ord. 2022- 03) Town of Gibraltar special development requirements. (Added to s. 3.15: 22 Aug. 2006; Ord. No. 2006-16 – Effective 12 Sept. 2006) (Amended and relocated: 20 Sept. 2016; Ord. 2016-14) (Deleted: 22 Feb. 2022; Ord. 2022-03) (Added to s. 3.15: 22 Aug. 2006; Ord. No. 2006-16 – Effective 12 Sept. 2006) (Amended and relocated: 20 Sept. 2016; Ord. 2016-14) (Deleted: 22 Feb. 2022; Ord. 2022-03) b. The net lot area shall not include land located in Wetland zoning districts. (Amended: 22 Feb. 2022; Ord. 2022-03) c. The net lot area of a MOD shall not be reduced i f a violation of density limitations would result. 2. MODs in non-core areas. Non-core areas include all areas not designated as core areas by the Door County Comprehensive and Farmland Preservation Plan and are hereinafter referred to as “non- core areas. Page 78 of 123 (Amended: 17 April 2012; Ord. 2012-14) (Amended: 20 Sept. 2016; Ord. 2016-14) a. The maximum residential density of a MOD in a no n-core area shall be based on the net lot area and number of bedrooms within the MOD. MODs in non-core areas shall not exceed 12 bedrooms per acre of net lot area; fractional results shall be rounded down to the nearest whole number. (Amended: 22 Feb. 2022; Ord. 2022-03) Town of Liberty Grove special development requirements. (Added: 28 June 2006; Ord. 2006-14)(Amended: 17 Apr il 2012; Ord. 2012- 14) (Deleted: 22 Feb. 2022; Ord. 2022-03) Town of Gibraltar special development requirements. (Added to s. 3.15: 22 Aug. 2006; Ord. 2006-16; Effective 12 Sept. 2006) (Amended and relocated: 20 Sept. 2016; Ord. 2016-14) (Deleted: 22 Feb. 2022; Ord. 2022-03) b. The net lot area shall not include land located in Wetland zoning districts. (Amended: 22 Feb. 2022; Ord. 2022-03) c. The net lot area of a MOD shall not be reduced i f a violation of density limitations would result. (d) Impervious surface ratios. (Deleted: 22 Feb. 2022; Ord. 2022-03) 1. Core area MODs. (Amended: 27 February 2007, Ord. 2007-04; Effective 12 March 2007) (Deleted: 22 Feb. 2022; Ord. 2022-03) Town of Jacksonport special development requirements. (Added: 29 July 2008; Ord. 2008-13) (Deleted: 22 Feb. 2022; Ord. 2022-03) 2. Non-core area MODs. (Deleted: 22 Feb. 2022; Ord. 2022-03) (e) Structure height. 1. Maximum structure height shall be as allowed by s. 3.08, height requirements. (Amended: 22 Feb. 2022; Ord. 2022-03) 2. . Non-core area MODs. (Deleted: 22 Feb. 2022; Ord. 2022-03) (f) Minimum yards. 1. Core area MODs. Side and rear yard setbacks for principal and accessory structures shall be a minimum of 20 feet, except that, for MOD buildings on lots 150 feet wide or less, with street-facing building facades of less than 80 feet in length, with 6 or fewer bedrooms per building and a maximum of 2 units per building, required side and rear yard setbacks for Page 79 of 123 principal and accessory structures shall be a minimum of 10 feet and 20 feet, respectively. (Amended: 26 Feb. 2013; Ord. No. 2013-06) 2. Non-core area MODs. a. For MOD buildings on lots 150 feet wide or less, with street- facing building facades of less than 80 feet in length, with 6 or fewer bedrooms per building and a maximum of 2 units per building, required side and rear yard setbacks for principal and accessory structures shall be a minimum of 10 feet and 20 feet, respectively. b. For all other non-core MODs, side and rear yard setbacks shall be 20 feet, unless: (1) the MOD is adjacent to a lot or parcel of land which contains a single family residence in an SF10, SF20, SF30, or SE zoning district, in which case minimum side and rear yard setbacks for all principal and accessory structures shall be 65 feet, or (Amended: 22 February 2011; Ord. No. 2011-03) (2) the MOD is adjacent to a lot or parcel of land which contains a single family residence in an HD, RC, MC, CC, VC, GC, or NR zoning district, in which case minimum side and rear yard setbacks for all principal and accessory structures shall be 40 feet. (Amended: 27 February 2007; Ord. No. 2007-04; Effective 12 March 2007) (Amended: 27 March 2018; Ord. 2018-07) (Amended: 22 Feb. 2022; Ord. 2022-03) (g) Road setbacks. 1. Core area MODs. Minimum road setbacks shall be as required in s. 3.05, setbacks from roads. 2. Non-core area MODs. Minimum road setbacks shall be as required in s. 3.05, setbacks from roads, except that the provisions of s. 3.05(6), setback reduction, shall not be applicable. In addition, for each foot of street-facing building facade in excess of 80 feet in length the MOD building shall be set back an additional 6 inches. (h) Ordinary high water mark setback. (Deleted: 20 Sept. 2016; Ord. 2016-14) 1. Core area MODs. (Amended: 27 May 2014; Ord. 2014-10) (Deleted: 20 Sept. 2016; Ord. 2016-14) Page 80 of 123 2. Non-core area MODs. (Amended: 27 May 2014; Ord. 2014-10) (Deleted: 20 Sept. 2016; Ord. 2016-14) (i) Off-street parking and related structure requirements. 1. Off-street parking spaces. For each occupancy unit within a MOD, one space shall be provided for the first bedroom, .8 spaces for any additional bedrooms, and an additional .2 spaces for each bedroom within a lockout unit. 2. Right-of-way setbacks for off-street parking areas. Off-street parking areas must be located a minimum of 25 feet from any road rights-of-way. 3. Side and rear yard setbacks for off-street parking areas, driveways, dumpsters, and recycling areas shall be 5 feet, unless: a. the MOD is adjacent to a single family residence in an SF10, SF20, SF30, or SE zoning district, in which case minimum side and rear yard setbacks shall be 25 feet, or (Amended: 22 February 2011; Ord. 2011-03) b. the MOD is adjacent to a single family residence in an HD, RC, MC,CC, VC, GC, or NR zoning district, in which case minimum side and rear yard setbacks shall be 15 feet. (Amended: 27 February 2007, Ord. No. 2007-04; Effective 12 March 2007) (j) Additional landscaping and screening requirements. 1. For all MODs, any trees established to meet the requirements of s. 3.10, landscape buffers, or s. 7.03, parking area landscaping requirements, shall be a minimum of 5 feet tall at the time of establishment or retention. 2. For MODs in non-core areas, a 25 foot wide area adjacent to public road rights-of-way shall be used for screening and landscaping. a. Complete vegetative clearing shall be allowed only in the areas required for access driveways. For driveways serving as both entrance and exit, a strip a maximum of 40 feet may be cleared. When separate entrance and exit driveways are used, a maximum of 20 feet may be cleared for each driveway. b. Existing shrubs and trees with a caliper of 2½ inches or greater shall be retained so that for every 100 feet of lot road frontage a minimum of 300 landscape points are earned. Landscape points shall be accumulated as outlined in s. 7.03(2)(b), parking area Page 81 of 123 landscaping requirements, landscape points chart, and shall be in addition to landscape points required for screening parking areas. No more than 50% of the landscaping points required for any lot shall be earned through canopy trees unless said trees account for greater than 600 landscape points per 100 feet of lot road frontage. c. Where shrubs or trees with a caliper of 2½ inches or greater do not exist at a rate of 300 landscape points per 100 feet of lot road frontage, additional trees and shrubs shall be planted so that a minimum of 300 landscape points are earned as outlined in subd.2 for every 100 feet of road frontage. (k) Outdoor lighting. All outdoor lighting shall utilize lighting fixtures whose hood, lens, or combination thereof allow no direct beams of light from the fixture to be seen from off the property or to be cast skyward, and the lighting elements of which shall not be visible from adjacent properties. (Amended: 20 Sept. 2016; Ord. 2016-14) (l) Building spacing. Buildings may be clustered on a lot, but shall be separated from each other by a distance of at least 20 feet or as required by the Wisconsin Administrative Code, whichever is greater. (m) Mixed uses. Uses other than occupancy units, if permitted in the district, may be located on the same lot as the MOD. (n) Accessory buildings. The total number of accessory buildings shall be limited to 2 or the number of MOD principal buildings on the lot, whichever is greater. The total combined floor area of all accessory buildings shall not exceed 70 percent of the total building footprint of all MOD principal buildings. (o) One bedroom occupancy units limitation. (Amended: 27 February 2007, Ord. No. 2007-04; Effective 12 March 2007) (Deleted: 22 Feb. 2022; Ord. 2022-03) (p) Manufactured homes. Manufactured homes shall not be used as occupancy units within a MOD except in the High Density zoning district. Such units shall be placed on permanent foundations. (Amended: 22 Feb. 2022; Ord. 2022-03) (9) Secondary Dwelling Unit requirements . (Added: 4 April 2011; Ord. 2011-04) (a) Secondary dwelling units shall be subject to the regulations herein and shall not be regulated as multiple occupancy developments. (b) Not more than one secondary dwelling unit per single family residence lot or parcel of land shall be permitted. Page 82 of 123 (c) Secondary dwelling units may be attached to or detached from the single family residence. (d) Lot requirements. A secondary dwelling unit may be allowed on any parcel meeting the minimum lot size requirements of s.3.02(3), table of district requirements, or s.3.04(5), lots created prior to the effective date of this ordinance. (e) For all secondary dwelling units, the setbacks and minimum yards shall be as required for principal structures, except that detached secondary dwelling units subject to an ordinary high water mark setback shall, for the purposes of that setback, be viewed and regulated as accessory structures. (Amended: 17 April 2012; Ord. 2012-14) (Amended: 22 May 2018; Ord. 2018-10) (f) Floor area. The maximum floor area for secondary dwelling units shall be as specified below. (Amended: 22 Feb. 2022; Ord. 2022-03) 1. Secondary dwelling units in conjunction with single family residences between 500 and 749 square feet in floor area shall not exceed 499 square feet in floor area. (Added: 22 Feb. 2022; Ord. 2022- 03) 2. Secondary dwelling units in conjunction with single family residences 750 square feet or greater shall not exceed 749 square feet in floor area. (Amended: 22 Feb. 2022; Ord. 2022-03) (g) A minimum of one off-street parking space per secondary dwelling unit shall be provided. (h) Structures housing detached secondary dwelling units shall be considered accessory structures and shall be subject to section 3.12, Accessory structures, as applicable. (Amended: 24 March 2015; Ord. 2015-02) (Numerical formatting error corrected: 20 Sept. 2016; Ord. 2016-14) (Amended: 28 August 2018; Ord. 2018-16) (i) No secondary dwelling unit shall be rented for a period of less than thirty consecutive days. (Amended: 28 August 2018; Ord. 2018-16) (Amended: 2 2 Feb. 2022; Ord. 2022-03) (j) Secondary dwelling units may not be conveyed or separated in ownership from the single family residence, unless the Door County Land Use Services Department approves, per ordinances in effect at that time. (Amended: 27 March 2018; Ord. 2018-07) (Amended: 22 Feb. 2022; Ord. 20 22-03) (k) (Deleted: 17 April 2012; Ord. 2012-14) Page 83 of 123 CHAPTER 5 NATURAL FEATURES PROTECTION REQUIREMENTS 5.01 Purpose. 5.05 Dunes. 5.09 (Shoreland vegetation 5.02 Applicability. 5.06 Rockholes. moved to Shoreland Ord. 20 5.03 Escarpments. 5.07 Woodlands. Sept. 2016; Ord. 2016-14) 5.04 Drumlins. 5.08 Ridges and 5.10 Wetland setbacks. swales complexes. 5.01 Purpose. These requirements are intended to preserve interesting geological features, protect against soil erosion and groundwater contamination, preserve the natural beauty of Door County, and protect wild flora and fauna. 5.02 Applicability. These requirements shall be in effect in all zoning districts. They shall be applied independently of other applicable requirements of this Ordinance. Wherever other requirements of this Ordinance conflict with requirements of this chapter, the most stringent requirement shall govern. Commentary: Certain other natural features, not included in here, are subject to regulation. Presence of those natural features on property can significantly affect the way that that property may be used or developed. The reader is advised to consult the following references for pertinent regulations: Natural Feature Regulatory Reference Bodies of Water Chapters 30, 31, 88, a nd 281, Wis.Stats. (Amended: 27 May 2014; Ord. 2014-10) Floodplains Door County Floodplain Zo ning Ordinance (Wetlands deleted: 20 Sept. 2016; Ord. 2016-14) 5.03 Escarpments. (1) Purpose. The purposes of these regulations a re to: (a) Promote safe conditions by preventing placeme nt of roads on highly inclined surfaces. (b) Preserve escarpments as landmark features tha t contribute to the scenic diversity and attractiveness of the county. ( 2) Determination. The location of escarpments subject to the requirements of this section shall be determined by reference to a series of maps entitled “Door County Page 84 of 123 with par.(e), and construction of parking areas . (d) The swales ground surfaces shall not be resh aped by excavating, grading, or filling, except as necessary for road construction in accordance with par.(e). (e) Road construction in ridges and swales compl exes shall occur in accordance with the following: 1. Roads shall be placed, to the greatest practical extent, on the uppermost ground surfaces of the ridges. 2. Roads shall not be placed in swales, except for that portion which is the minimum necessary to continue a road from one ridge to the adjacent ridge. The road portion in the swale shall be constructed so as to allow free and continuous movement of surface water through the road by means of culverts and/or bridges. 3. The road shall be constructed with the minimum cross-sectional area necessary to serve the intended use. 4. Road construction activities shal l be carried out in the immediate area of the road only. 5.09 Shoreland vegetation . (Relocated to s. 3A.07: 27 May 2014; Ord. 2014-10) (Revised and moved to Door County Shoreland Zoning Ordinance: 20 Sept. 2016; Ord. 2016-14) 5.10 Wetland setbacks. (Added: 8 September 1998; Ord. 20-98) (1) Requirements of this section shall apply to all zoning districts in all towns. (2) Except as provided in sub. (a) or All buildings and structures, unless specifically permitted within Wetland zoning districts per s. 2.05(4), all structures shall be set back from wetlands , as defined in s. 13.02, a minimum of 35 feet, except for buildings and structures in SF10, SF20 and SF30 zoning districts, where the required setback from wetlands shall be 10 feet. (Amended: 22 February 2011; Ord. No. 2011-03) (a) Exemptions. The following structures shall be permitted within the required setback from wetlands, provided they do not violate any other provisions of this Ordinance: 1. Structures which are not buildings and which are less than 6 inches above preconstruction grade. 2. Minor structures, as listed in s. 3.12(1)(a). 3. Fences, provided they are not located within a public right-of-way. Page 85 of 123 4. Signs, as provided in Chapter 8. 5. Structures such as ramps and landings, lifts, or elevator housing, which are designed and intended to comply with the requirements of the Americans with Disabilities Act or fair housing laws to make existing buildings accessible to disabled people, and where no feasible alternative locations exist. 6. Overhanging eaves and gutters, provided they extend not more than 2 feet into the required setback and are not located within a public right-of-way. 7. Retaining walls, provided they are not located within a public right-of-way. (3) All wetland boundaries shall be determined by field verification by Door County Land Use Services Staff. (Amended: 27 March 2018; Ord. 2018-07) Page 86 of 123 CHAPTER 6 CONSERVATION SUBDIVISION (Recreated: 4 April 2011; Ord. 2011-05) 6.01 Purpose. 6.02 General requirements. 6.03 Preserved open space. 6.04 Application and permit requirements. 6.01 Purpose . The conservation subdivision option is intended to preserve natural resources, agricultural land, and open spaces in exchange for greater density than offered by a traditional subdivision. This option promotes flexible site planning by relaxing various Ordinance requirements. 6.02 General requirements. (1) A conservation subdivision may be allowed on a single lot meeting the minimum site area requirements of s. 3.02(3), table of district requirements. The minimum site area shall be calculated including only land within the site to be used for residential development as allowed within conservation subdivisions, agricultural uses and buildings, preserved open space, and wetlands. (2) Wetlands, as defined in Chapter 13 of this Ordinance: (a) Shall not be included in determining the maxi mum allowable density of the conservation subdivision. (b) May be included in meeting the minimum site a rea requirement. (c) May be included in meeting the minimum preser ved open space requirement. (3) Maximum Allowable Density. (a) The area of the site used to calculate the maximum allowable density of the development shall include only land to be used for conservation subdivision residential development, agricultural uses and buildings, and those areas to be designated as preserved open space, except wetlands. (b) Dwelling units per acre (du./acre) shall not exceed the maximum allowed for conservation subdivisions in the zoning district in which the development is located. However, the maximum allowable density shall not be less than the number of lots derived by applying the individual lot requirements of the particular zoning district to the conservation subdivision site area. For example, if the calculated maximum allowable density equals 1 and the number of lots that could be created by applying the individual lot standards equals 2, then the maximum allowable density becomes 2. (Typographical error corrected: 20 Sept. 2016; Ord. 2016-14) (Amended: 26 March 2019; Ord. Page 87 of 123 (5) Access restricted. A maximum of 2 residential lots per conservation subdivision shall have direct driveway access to an existing state, county, or town road, with a maximum of 1 direct driveway access per individual lot. 6.03 Preserved open space . (1) Permitted uses. The following uses are permitted in the preserved open space provided they are allowed by the underlying zoning district and provided they meet all other requirements of this Ordinance: (a) The maintenance and protection of natural res ources in the manner and to the extent required by Chapter 5, Natural Features Protection Requirements. (b) Passive recreational uses which involve the c reation and/or maintenance of very negligible impervious surfaces, such uses including arboretums, hiking paths, walkways, nature areas, wildlife sanctuaries, picnic areas, public and private parks, garden plots, and beaches. Driveways and parking areas shall not be included in meeting the minimum preserved open space area requirement. (c) Agricultural uses, but not structures, except for roadside stands. (d) Stormwater facilities and shared septic systems or wells. (e) Shared driveways and private roads which serve less than four residential lots. (2) The minimum size of a preserved open space area, as calculated by multiplying the Minimum Preserved Open Space percentage shown in s.3.02(2), Table of District Requirements, by the total site area, shall be 2 acres and 200 feet of width for developments with a total site area of 10 acres or more, and 20,000 square feet and 100 feet of width for developments with a total site area of less than 10 acres. The areas containing shared septic systems or wells and natural features required to be protected in 6.03(3) may be included in meeting the minimum preserved open space requirement, but need not meet these minimum size requirements. (Amended: 26 March 2019; Ord. 2019-02) (3) Specific requirements in escarpment, ridge and swale complex, floodplain, dune, and drumlin areas. (Amended: 20 Sept. 2016; Ord. 2016-14) (a) (Deleted: 20 Sept. 2016; Ord. 2016-14) (b) Portions of escarpment, ridge and swale complex, floodplain, drumlin, and dune areas located within a conservation subdivision shall be dedicated as preserved open space as provided in s. 6.03, preserved open space. The portion shall, at a minimum, equal the percentage listed as minimum required preserved open space in s. 3.02(3), table of district requirements, for the applicable zoning district. Page 88 of 123 CHAPTER 7 PARKING, LOADING, AND ACCESS REQUIREMENTS 7.01 Purpose. 7.02 Off-street parking requirements. 7.03 Parking area landscaping requirements. 7.04 Loading and unloading requirements. 7.05 Access requirements. 7.01 Purpose . These provisions are intended to: reduce traffic congestion on public streets by requiring adequate off-street parking and loading areas for each land use, improve the appearance of parking lots and reduce the nuisance of glare, and promote traffic safety by ensuring proper access to roads. (Amended: 9 November 2011; Ord. 2011-14) 7.02 Off-street parking requirements . (1) Required number of off-street parking spaces. The minimum number of off-street automobile parking spaces to be provided shall be in accordance with the schedule below, except that : (Amended: 9 November 2011; Ord. 2011-14) If the parking requirements for particular uses described in Chapter 4, particular use requirements, are different from those shown here, the standards in Chapter 4 shall apply. (Amended: 9 November 2011; Ord. 2011-14) In cases where garages are provided, the number of required off-street parking spaces shall be reduced by the number of parking spaces within the garages. (Recreated: 9 November 2011; Ord. 2011-14) In cases where on-street parking is provided, the number of required off-street parking spaces shall be reduced by the number of on-street parking spaces fully within the lot lines as if the lot lines for the parcel in question were extended into the right(s)-of-way. In order to qualify for this exemption such on-street parking spaces must be designated by the highway maintaining authority, be paved, and be demarcated by paint. (Added: 9, November 2011; Ord. 2011-14) USE OFF-STREET PARKING REQUIREMENT Residential 2 spaces per dwelling unit. Multiple Occupancy Development (Deleted: 9 November 2011; Ord. 2011-14) Auditorium/Theater/Assembly Hall 1 sp ace per 3 seats. (Amended: 20 Sept. 2016; Ord. 2016-14) Church/Funeral Home 1 space per 4 seats. Page 89 of 123 (f) Lighting. Lighting established for the purpose of illuminating off-street parking areas shall utilize lighting fixtures whose hood, lens, or combination thereof allow no direct beams of light to be seen from off the property or to be cast skyward, and the lighting elements of which shall not be visible from adjacent properties. (Amended: 20 Sept. 2016; Ord. 2016-14) (g) Maintenance. All parking areas shall be properly maintained by the owner, or lessee, of the property. (h) Handicapped parking. All off-street parking areas shall provide parking spaces for use by motor vehicles which transport physically disabled persons, in accordance with the ADA Accessibility Guidelines. (Amended: 9 November 2011; Ord. 2011-14) (7) Parking of Business-Related Vehicles. In the Single Family Residential-10,000, Single Family Residential-20,000, Single Family Residential-30,000, High Density Residential, Small Estate Residential and Neighborhood Residential districts, not more than one vehicle which bears business insignia and/or one trailer used in a business or trade shall be parked on a lot overnight. This provision shall not apply to permitted commercial uses nor to nonconforming uses, provided such parking of business- related vehicles does not violate any other provision of this Ordinance . (Amended: 27 February 2007; Ord. No. 2007-04; Effective 12 March 2007) (Amended: 22 February 2011; Ord. No. 2011-03) 7.03 Parking area landscaping requirements . (1) Applicability. These requirements shall apply to all parking spaces created after the effective date of this Ordinance, except for parking spaces located in parking areas which accommodate fewer than 6 vehicles, and except for parking spaces located in multi-level parking structures. (2) Minimum landscaping requirements. (a) Canopy trees shall be required as follows: 1. One canopy tree with a caliper of at least 2 inches shall be required for every 12 parking spaces. Fractions shall be rounded to the nearest whole number (e.g. 0-5 spaces = no trees, 6-17 spaces = 1 tree, 18-29 spaces = 2 trees, etc.). 2. All required canopy trees must be located wit hin the parking area or within 10 feet of the perimeter of the parking area surface. 3. Existing trees may be counted toward the cano py tree requirements, provided they meet the requirements for size, placement, and type. Page 90 of 123 (b) Other landscaping materials shall be required so as to accumulate 15 landscape points per parking space. Landscape points shall be accumulated according to the following: LANDSCAPE POINTS Landscape Element Minimum Planted Size Poin ts Canopy Trees 2 in. caliper or 1.5 in. 50 pts. caliper for multi-stem trees Evergreen Trees 4 feet high 30 pts. Low Ornamental 5 feet high and balled 20 pts. Trees and burlapped stock Tall Shrubs 2.5 feet high 9 pts. Medium Shrubs 18 inches high 6 pt s. Low Shrubs 15 inches high 3 pts. The publication A Guide to Selecting Landscape Plants for Wisconsin, by E. R. Hasselkus, UW-Extension publication A2865, shall be used to determine which plants are "low-ornamental trees" and "tall/medium/low shrubs." 1. To qualify for points the landscape elements must be located in the following areas: a. Within landscaped areas in the interior of t he parking area. b. Within 10 feet of the perimeter of the pa rking area. c. Along public right-of-ways that are adjac ent to the parking area. 2. Landscaping which primarily serves the aesthetic enhancement of the building or related open areas shall not qualify for points. 3. Canopy trees as required by par.(a) shall also qualify for points. (Amended: 24 Feb. 2004; Ord. 2004-03) (c) Screening near residential uses. A screening barrier (for the purpose of reducing glare) shall be required in the following situations described in subs. 1. and 2. : 1. When the a parking area or drive-through facility is located within 30 feet of an adjoining lot containing a principal residential use. (Amended: 25 June 1996; Ord. 16-96) 2. When the a parking area or drive-through facility is located within 30 feet of an adjoining vacant lot that is located in the Single Family Residential-10,000, Single Family Residential-20,000, Single Family Residential-30,000, Small Estate Residential, Rural Residential, High Density Residential, or Neighborhood Residential districts . (Amended: 27 February 2007; Ord. No. 2007-04; Effective 12 March 2007) (Amended: 22 February 2011; Ord. No. 2011-03) Page 91 of 123 3. The minimum height of the barrier shall be 3.5 feet above the surface of the parking area. The barrier may consist of wood or masonry fencing, walls, berms, or planted materials. If planted materials are used, they must be of suitable size and density to accomplish the screening objective within 3 years of planting. 4. Adjoining lots shall be defined in this secti on as lots which share a common side or rear lot line and are not separated by a public road right-of-way. (d) All required landscape and/or barrier materia ls shall be established prior to utilization ofthe parking spaces, unless a bond, certificate of deposit, cash, or other form of financial assurance acceptable to the Zoning Administrator is submitted to the County. Such financial assurance shall cover the estimated cost of installing the landscape and/or barrier materials and shall be returned to the applicant upon proper installation by the applicant. If the landscape and/or barrier materials are not properly installed within 9 months of commencement of operation of the use, the financial assurance shall be used for installation of the landscape and/or barrier materials by the County. Once established, all landscape and/or barrier materials shall be properly maintained by the owner or lessee of the parking area. (Amended: 25 June 1996; Ord. 16-96) (3) Two or more parking areas interconnected by on -site vehicular circulation shall be treated as one lot for the purposes of this section. Unconnected parking areas serving the same use shall be treated as one lot unless they are separated by 30 feet or more. Commentary: The following 2 sketches illustrate application of this section. (Continued on next page) Page 92 of 123 7.04 Loading and unloading requirements. (1) Any use which requires deliveries or shipments shall provide sufficient off-street loading and unloading space so that no public street, alley, or access to any parking area is blocked by such activities. (2) The loading and unloading space shall be separ ate from any parking aisle or parking spaces unless delivery or pickup activities are scheduled for hours when the parking area is not in use. 7.05 Access requirements. (1) Every use shall have access to a public or pri vate road. However, property owners have the responsibility of securing the access. (2) For all uses, except Agricultural Uses, as lis ted in s. 2.05(3), table of principal uses, no more than 2 driveways per lot shall be permitted. (3) In areas not designated as “core” on the Door County Comprehensive and Farmland Preservation Plan future land use maps, for all uses, except Agricultural Uses, as listed in s. 2.05(3), table of principal uses, access shall not be taken to a state highway if access to a town, county, or public or private frontage road is available. (Amended: 9 November 2011; Ord. 2011-14) (Amended: 20 Sept. 2016; Ord. 2016-14) (4) Access spacing on state highways shall be as a llowed by the Wisconsin Department of Transportation. (Amended: 20 Sept. 2016; Ord. 2016-14) (a) (Deleted: 20 Sept. 2016; Ord. 2016-14) (b) (Deleted: 20 Sept. 2016; Ord. 2016-14) (5) Driveway width. (a) For all single family residential and duplex residential uses, access driveways shall be at least 15 feet wide and not more than 24 feet wide. (Amended: 17 December 1996; Ord. 36-96) (b) Access driveways for all other uses, except A gricultural Uses, as listed in s. 2.05(3), table of principal uses, shall be at least 20 feet wide and not more than 35 feet wide. Such drives may be reduced to 10 feet wide if they are enter-only or exit- only drives. (6) Setback. All access driveways shall be placed such that the driveway edge nearest to a neighbor's lot line is at least 5 feet from the neighbor's lot line, unless driveways are shared by adjoining property owners. Page 93 of 123 (7) All access driveways, except those to farm fields and those on Chambers Island in the Town of Gibraltar , shall be surfaced with gravel or paved and pitched to prevent ponding. (8) Location. (a) Access drives shall be located opposite media n crossovers, where present. (b) At road intersections, the midpoint of access driveways shall be located at least 100 feet from the point of intersection of the road edges. For lots existing prior to the effective date of this Ordinance which cannot meet this provision, one access driveway shall be permitted. Page 94 of 123 CHAPTER 9 NONCONFORMING USES, STRUCTURES, LOTS 9.01 Previously lawful condition. 9.02 Nonconforming uses. 9.03 Nonconforming structures. 9.04 Nonconforming lots. 9.01 Previously lawful condition. Within the districts established and mapped by th is Ordinance, or amendments thereto, there may exist uses of lands or buildings, structures, or lots, which were lawful before this Ordinance, o r amendments thereto, became effective, but which do not conform to the regulations herein. As set forth in s. 59.69(10), (10e), and (10m), Wis. Stats., such nonconforming conditions may be continued, subject to the requirements of this chapter. (Amended: 22 May 2018; Ord. 2018-10) 9.02 Nonconforming uses. (1) Nonconforming use of land. (a) For all nonstructural uses of land, except nonm etallic mining operations, permissible expansions or intensifications shall be authorized only by a conditional use permit. Permissible expansion or intensification means a total increase, during the life of the use, of up to ten percent (10%), ba sed on the level of activity (e.g., frequency, duration, volume) and/or the area encompassed by the nonconforming use, as applicable, at the time the use became nonc onforming. (Amended: 22 May 2018; Ord. 2018-10) (b) Expansion of a nonconforming, nonmetallic minin g operation shall be governed by applicable Wisconsin law. (Amended: 26 June 2001; Ord. 04-01) (2) Nonconforming use of buildings or other structures. The following shall apply to all buildings or structures which house a nonconforming use: (a) Structural alterations or structural repairs of an existing building or structure which houses a nonconforming use shall be authorized by a regular zoning permit. (b) Permissible expansion or intensification of a n onconforming use via new additional buildings or structures, or via additions to an exi sting building or structure which houses a nonconforming use, or via structural alterations or structural repairs to an existing building which houses a nonconforming use for the purpose of expansion or intensification of the use may be authorized only by a conditional use permit. Such new additional structures or additions shall only be placed within the boundaries of the lot as it exist ed at the time the use became nonconforming and shall comply with all applicable setbacks and other dimensional requirements of this Ordinance, unless variances are granted as Page 95 of 123 provided in s. 11.06, variance from the requirement s of this Ordinance. Permissible expansion or intensification means a total increase, during the life of the use, of up to ten percent (10%), based on the level of activity (e.g., frequency, duration, volume) and/or the square footage of the structure(s) housing the nonconforming use, as applicable, at the time the u se became nonconforming. (Amended: 25 June 1996; Ord. 16-96) (Amended: 22 May 2018; Ord. 2018-10) (c) If a structure which houses a nonconforming use is destroyed by vandalism or by fire, explosion, flooding, ice, snow, storm d amage, violent wind, mold, infestation, or similar calamity, such structure ma y be restored and the nonconforming use may be restored therein upon issu ance of a regular zoning permit. Such restoration shall not exceed the orig inal building floor area and volume, unless a conditional use permit is authorized, as provided in par. (b). If the original structure which housed the nonconforming u se is also a nonconforming structure, the provisions of s. 9.03 (1) and (2) shall also apply. (Amended: 20 Sept. 2016; Ord. 2016-14) (Amended: 22 May 2018; Ord. 2018-10) (d) Reconstruction of any structure in functional o rder which houses a nonconforming use shall be permitted with the issuance of a regular zoning permit within 12 months of the date of removal of the original structure. Such restoration shall not exceed the original building floor area a nd volume, unless a conditional use permit is authorized, as provided in par. (b). If the original structure which housed the nonconforming use is also a nonconforming structure, the provisions of s. 9.03 shall also apply. (3) Change of use. (a) A nonconforming use may continue in strict accord with the historical use; i.e., the precise active and actual use that predated the ordinance which rendered the use nonconforming. (Added: 22 May 2018; Ord. 2018-10) (b) Any identifiable unauthorized change (e.g., a lteration, expansion, or intensification) in the nonconforming use may be illegal and may result in loss of legal nonconforming use status. (Added: 22 May 2018; Ord. 2018-10) (c) A nonconforming use shall not be changed to a ny use other than a use permitted in the zoning district in which it is located. (4) Discontinuance. Where any such nonconforming use is discontinued for a period of 12 consecutive months, any future use of the bui lding, structure, or land shall conform to the regulations of the district in which it is located. Page 96 of 123 9.03 Nonconforming structures. (1) Additions and Modifications . (Amended: 20 Sept. 2016; Ord. 2016-14) (a) (Deleted: 20 Sept. 2016; Ord. 2016-14) (b) Additions to or extensions of nonconforming st ructures beyond the existing building envelope are permitted provided that such additions or extensions comply with all the provisions of this Ordinance. (Amended: 20 Sept. 2016; Ord. 2016-14) (2) Repairs and restoration. (a) A nonconforming structure that is damaged or d estroyed by vandalism or by fire, explosion, flooding, ice, snow, storm damage, violent wind, mold, infestation, or similar calamity may be repaired or restored provided the repair or restoration of the nonconforming portion of the structure occurs fully within the building envelope of the structure before damage, except that structures may be larger than the size immediately before the damage or destruction if nec essary for compliance with state or federal requirements. Said repair or resto ration shall only be authorized when the relevant zoning permit for the repair or restoration is issued within twelve months from the date of the damage to the nonconforming structure. (Amended: 25 June 1996; Ord. 16-96) (Amended: 18 December 1997; Ord. 39-97) (Amended: 20 Sept. 2016; Ord. 2016-14) (Amended: 22 May 2018; Ord. 2018-10) (b) Except for historic buildings, no repairs or re storation of nonconforming structures shall be located within any public right-of-way. (3) Reconstruction of any nonconforming structure i n functional order shall be permitted with the issuance of a regular zoning permit within 12 months of the date of removal of the original structure. Said reconstruction need not comply with the setback or yard provisions of this Ordinance provided the reconstruction occurs fully within the building envelope of the structure before removal, except that structures located in the floodplain may be elevated as necessary to comply w ith floodplain zoning requirements, and a patio may be replaced with a deck serving the same floor level of the structure. (Added: 7 February 2001; Ord. 33-00) (Amended: 20 Sept. 2016; Ord. 2016-14) (4) Nonconforming signs. All nonconforming signs shall be subject to the provisions contained in s. 8.08, nonconforming signs. (Amended: 7 February 2001; Ord. 33-00) (Amended: 29 October 2019; Ord. 2019-13) 9.04 Nonconforming lots. (1) (Deleted: 20 Sept. 2016; Ord. 2016-14) (2) A nonconforming lot may be used for any use permitted within the zoning district in which the lot is located. (Amended: 23 June 1998; Ord. 14-98) (Amended: 20 S ept. 2016; Ord. Page 97 of 123 CHAPTER 12 ENFORCEMENT 12.01 Violations. 12.02 Prosecution. 12.03 Penalties. 12.04 After-the-fact conditional use application s and variance petitions. 12.01 Violations. (1) It shall be unlawful to locate, erect, construct, reconstruct, alter, enlarge, extend, convert, or relocate any building, structure, or si gn or use any building, structure, land, or sign in violation of the provisions of thi s Ordinance, or amendments or supplements thereto, lawfully adopted by the County Board of Supervisors. It shall also be unlawful to fail to obtain permits as requi red by this Ordinance or to fail to comply with any requirement or condition imposed by the Board of Adjustment or Resource Planning Committee. (2) Each and every day of violation as described i n sub.(1) may be deemed a separate offense and violation. (3) Any person, firm, association, or corporation or representative agent failing to comply with the provisions of this Ordinance may be subject to prosecution under the terms of this Ordinance. 12.02 Prosecution. (1) Civil proceedings. Pursuant to s. 66.12 66.0114 , Wis. Stats., an action for violation of this ordinance shall be a civil action. (2) Notification. The Zoning Administrator shall serve any violators with a notice of violation stating the following: (a) The nature of the violation. (b) Corrective measures required to eliminate the violation. (c) That the violator shall be subject to: 1. Civil action to remove or otherwise eliminate the violation, and/or 2. Penalties, upon conviction, as set forth in s. 12.03, penalties. (3) Corporation Counsel. The Zoning Administrator shall report violations to the Door County Corporation Counsel. At the Corporatio n Counsel's discretion, legal Page 98 of 123 action or proceedings may be commenced to prosecute alleged violators pursuant to the proceedings outlined in s. 66.12 66.0114 , Wis. Stats., or pursuant to the issuance of a summons and complaint. (4) Injunction. Compliance with this Ordinance ma y also be enforced by an injunction at the suit of Door County or the owner or owners of real estate within the zoning district affected by such regulation. (5) Penalty. Those actions commenced on behalf of Door County may, in addition, seek a forfeiture or penalty as outlined herein. (6) Special inspection warrants. The provisions o f s. 66.122 66.0119 , Wis. Stats., shall govern the issuance of all special inspection warrants. 12.03 Penalties. Any person, firm, association, or corporation or representative agent who fails to comply with the provisions of this ord inance or any order of the Zoning Administrator issued in accordance with this ordina nce shall, upon conviction thereof, forfeit not less than $10 nor more than $500 and the cost of prosecution for each violation including court costs and reasonable attorney fees; and in default of payment of such forfeiture and costs shall be imprisoned until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate violation. 12.04 After-the-fact conditional use applications and variance petitions. (1) After-the-fact conditional use situations. If a building or structure or premises is used to establish a use, which by this Ordinance requires issuance of a conditional use permit, without a conditional use p ermit first being obtained, the responsible party may attempt to correct the violation by applying for a conditional use permit for the unauthorized use. (a) Procedure. 1. Upon notification of the violation, the respons ible party may apply for a conditional use permit as provided in s. 11.04(2), application. 2. Upon submittal of a complete application, the a pplication shall be processed as provided in s. 11.04, conditional use permits. (b) During the pendency of the conditional use per mit application, the responsible party shall not carry on any activities in furtherance of the unauthorized use. (2) After-the-fact variance situations. If a buil ding or structure is constructed in violation of any dimensional requirement of this Ordinance, or if a lot is created in violation of minimum lot area and/or width requirem ents of this Ordinance, the responsible party may attempt to correct the violation by petitioning for a variance. Page 99 of 123 CHAPTER 13 DEFINITIONS 13.01 Word usage. 13.02 Definitions. 13.01 Word usage. In the interpretation of this Ordinance, the provisions and rules of this chapter shall be observed and applied, except when the context clearly requires otherwise: (1) Words used or defined in one tense or form sha ll include other tenses and derivative forms. (2) Words in the singular number shall include the plural number, and words in the plural number shall include the singular number. (3) The masculine gender shall include the feminin e, and the feminine gender shall include the masculine. (4) The word "shall" is mandatory. (5) The word "may" is permissive. 13.02 Definitions. When used in this Ordinance, the following terms shall have the meanings herein assigned to them. Words used in this Ordinance, but not defined herein, shall carry the meanings as defined in Webster's Un abridged Third International Dictionary, or a dictionary based on it. Abandonment of Nonmetallic Mining Operations: The cessation of nonmetallic mining operations for more than 365 consecutive days where the cessation is not specifically set forth in an operator's application, operation plan or permit, or is not specifically approved by the Resource Planning Committee upon written req uest. Abandonment of operations does not include the cessation of activities due to labor strikes or natural disasters. (Amended: 26 June 2001; Ord. 04-01) Accessory Building: See Building, Accessory. Accessory Residence: Dwelling unit or units accessory to a nonresident ial use or Multiple Occupancy Development on the same lot or b uilding site that provide(s) living quarters for the owner, proprietor, commercial tena nt, employee, or caretaker of the nonresidential use or Multiple Occupancy Development. (Amended: 27 July 2000; Ord. 17-00) (Amended: 22 Feb. 2022; Ord. No. 2022-03) Accessory Structure: See Structure, Accessory. Page 100 of 123 Accessory Use: See Use, Accessory. Active Recreation: Recreational uses, areas, and activities oriented toward potential competition or involving special equipment open invitation events , including, but not limited to , playgrounds, sports fields and courts, zip lines, paint ball fa cilities, disc golf, bungee jumping, climbing walls or towers, swimming pools, and skating rinks. (Note: Playgrounds shall not be considered active recreation) (Amended: 26 Feb. 2013; Ord. 2013-07) Agricultural Visitation Facility: Uses including but not limited to: agricultural an imal petting zoos or educational displays; living history museums; rural history museums; and demonstrations or displays of past or current farmi ng, logging, sawmilling, or stone crushing techniques and/or equipment. (Added: 26 August 1997; Ord. 21-97) Agriculture: Uses including but not limited to: the keeping, ra ising, or propagation of farm livestock, game, or exotic animals; apiculture; dairying; forage crop production; forest crop production; grain production; grazing; orchard s; specialty crop production, such as maple syrup, mint, and willow; viticulture; and truck farming. (Added: 26 August 1997; Ord. 21- 97) For purposes of the Exclusive Agricultural zoning district, Agricultural Use shall mean any of the following: a. Any of the following activities conducted for the purpose of producing an income or livelihood: 1. Crop of forage production. 2. Keeping livestock. 3. Beekeeping. 4. Nursery, sod, or Christmas tree production. 5. Floriculture. 6. Aquaculture. 7. Fur farming. 8. Forest management. 9. Enrolling land in a federal agricultural commod ity payment program or a federal or state agricultural land conservation program. b. Any other use that the Department of Agriculture , Trade or Consumer Protection, by rule, identifies as an agricultural use. (Added: 30 September 2010; Ord. 2010-13) Agriculture, General: (Deleted: 26 August 1997; Ord. 21-97) Agriculture, Intensive: (Deleted: 26 August 1997; Ord. 21-97) Alley: A right-of-way that provides only secondary access to abutting properties and which is not intended for general traffic circulation . (Created: 30 August 2011; Ord. 2011-11) Amusement Park: A commercially operated facility with various devices for entertainment which are located primarily outdoors, including but not limited to miniature golf, go karts, and water rides. (Amended: 26 Feb. 2013; Ord. 2013-07) Page 101 of 123 Building, Accessory: A building which is: 1. Subordinate to and serves a principal structure or a principal use. 2. Located on the same lot as the principal structure or use served. 3. Customarily incidental to the principal structur e or use. A building that is attached to a principal building either by a common wall or by an enclosed structure which serves as an aboveground passageway shall be considered to be a part of the principal building. (Amended: 25 June 1996; Ord. 16-96) Building Façade, Street Facing: The exposed surface of the side or sides of a bui lding that are located closest to a road. The length of such surface is found by projecting the extents of the building perpendicularly to the centerline of the road. (Added: 5 October 1998; Ord. 22-98) (Amended: 26 August 2003, Ord. 09-03) Building Envelope: The three-dimensional space within which a structure is built. (Added: 20 Sept. 2016; Ord. 2016-14) Building, Principal: A building which houses a principal use of a lot. (Amended: 25 Feb. 1997; Ord. 5-97) Building Site: A lot on which buildings or structures that are p ermitted in the applicable zoning district may be placed. Building Zone: The horizontal plane within a lot bounded by all applicable setbacks. (Amended: 23 March 1999; Ord. 4-99) Burden of Proof: The burden of moving forward with the production of evidence and the burden of persuasion (or risk of non-persuasion). (Added: 27 March 2018; Ord. 2018-07) Business Establishment: For the purpose of sign regulation, uses of land de fined and regulated by this ordinance as Agricultural, Industrial, Institutional, Miscellaneous, Outdoor Recreational, bed & breakfast establishments, board inghouses, multiple occupancy developments, and all Commercial uses, with the exclusion of home office/studios, home occupations, and home businesses, shall be consider ed business establishment uses. (Added: 29 October 2019; Ord. 2019-13) Caliper: A measurement of the size of a tree equal to the diameter of its trunk measured 4.5 feet above the ground. Camp Site: A segment of a campground which is designated for camping by a camping party. Campground: Any parcel or tract of land which is designed, maintained, intended or used for the purpose of providing camp sites offered with or without charge for temporary overnight sleeping accommodations by 4 or more camping units, or by any number of camping units if the parcel or tract of land is represented as a campground. (Amended: 27 August 2019; Ord. 2019-08; Effective 7 October 2019) Page 102 of 123 Door County Comprehensive Zoning Ordinance 13-6 Camping: The use of temporary overnight sleeping accommoda tions. (Amended: 1 December 1996; Ord. 31-96) (Amended: 27 August 2019; Ord. 2019-08; Effective 7 October 2019) Camping Cabin: A building or other structure that is 400 square fe et or less in area. A camping cabin includes a yurt, but does not include a tent or recreational vehicle. (Added: 27 August 2019; Ord. 2019-08; Effective 7 October 2019) Camping Party: Any individual or family or a group consisting of not more than 6 persons who are 7 years of age or older provided that such individual, family, or group is engaging in camping. (Amended: 27 August 2019; Ord. 2019-08; Effective 7 October 2019) Camping Unit: Any single temporary shelter 400 square feet or l ess in area, except sleeping bags, bed rolls, and hammocks, used for camping by a camping party. Camping units include recreational vehicles, camping traile rs, tents, motor homes, park models, camping cabins, and yurts. (Amended: 27 August 2019; Ord. 2019-08; Effective 7 October 2019) Canopy Tree: A deciduous tree that would occupy the upper canopy of a woodland in a completely natural situation. These trees are often referred to as shade trees. Cemetery: Land used for the burial of dead humans, and dedica ted for cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. Certificate of Compliance: An official written document, issued by the Zoning Administrator, which certifies that the use or stru cture complies with all applicable provisions of this Ordinance and the regular zoning permit, sign permit, or conditional use permit issued for that use or structure. Change of Use: Conversion of a principal use of a lot from one use category, as listed in s. 2.05(3), table of principal uses, to another use category. Child Care Center: A facility, licensed by the Wisconsin Department of Children and Families, which provides supervision and care and/o r instruction for 4 or more children under the age of 7 for periods of less than 24 hour s per day and operates on a regular basis. Clearcutting: A woodland management technique in which all or m ost of the trees in a particular woodland area are cut for the purpose of aiding in the regeneration and perpetuation of the woodland. Clearing: The act of removing trees from any part of a wood land for the purpose of building development or creation of non-wooded areas. Commercial Fishing Facilities: A commercial establishment and its associated equipment dedicated to the catching and processing of fish for use as human food. Commercial Riding Stable: See Riding Stable, Commercial. Page 103 of 123 Day Care Center: A facility, licensed by the Wisconsin Department of Health and Social Services, which provides supervision and care and/o r instruction for 4 or more children under the age of 7 for periods of less than 24 hour s per day and operates on a regular basis. Deck: An unenclosed, unroofed exterior platform structure, with or without railings, which is elevated above preconstruction grade, is typically of wood construction, either attached to a building or freestanding. Density, Maximum Allowable: The number of dwelling units, excluding secondary dwelling units, allowed within a manufactured home park or conservation subdivision. In computing the maximum allowable density, any fractional dwelling count shall be equal to zero dwelling units. For a manufactured home park, maximum allowable density is calculated by multiplying the density unit per acre by the total site area. For a conservation subdivision, maximum allowable density is calculated by multiplying the density unit per acre by the site area, minus any wetland area. (Added: 17 April 2012; Ord. No. 2012-14) Department of Natural Resources: The Wisconsin Department of Natural Resources. Destroyed: As defined in §84.30, Wis. Stats.: “With respect to a nonconforming sign, means that upright supports are physically damaged such that, within a period of 36 consecutive months, in the case of a sign structure with wooden upright supports, more than 60 percent of the supports are broken and, under normal repair practices, would need to be replaced or, in the case of a sign structure with metal upright supports, more than 30 percent of the length above ground of each broken, bent, or twisted support would, under normal repair practices, need to be replaced.” (Added: 29 October 2019; Ord. 2019-03) Driveway: A means of access to or from a property, site, or use; or a means of circulation within a parking area or between parking areas . Drumlin: An elongate or oval hill composed partially or entirely of glacial drift. Dune: A mound, hill, or ridge of sand piled by wind. Duplex: Two attached dwelling units on a single lot regardless of the form of ownership of the units, with both units meeting the minimum floo r area requirements of s.3.11(1). (Amended: 4 April 2011; Ord. No. 2011-04) Dwelling Unit: A structure, or that part of a structure, which i s used, or intended to be used as living quarters. A dwelling unit shall be served by water and a sanitary system, and have finished rooms consisting of, at a minimum , a kitchen, bathroom, and sleeping area. (Amended: 4 April 2011; Ord. No. 2011-04) Dwelling Unit, Secondary: A dwelling unit that is accessory to the single family dwelling unit. (Added 4 April 2011; Ord. No. 2011-04) Dwelling Unit, Single Family: A free-standing building which provides or is int ended to provide living quarters exclusively by persons main taining a common household, to the exclusion of all others, except dwelling units that meet the definition of a manufactured home. (Amended: 4 April 2011; Ord. No. 2011-04) Page 104 of 123 Effective Date of This Ordinance: The date that this Ordinance takes effect on a given parcel of land as provided in s. 1.06, force and effect, or the date that an amendment to this Ordinance becomes effective. Enclosed Structure: A structure consisting of a solid roof, a permanent foundation, a floor, and solid walls extending from the floor to the roof. Solid doors, windows, or other glazing are allowed in the wall segments. Open breezeways or screen walls do not qualify as enclosed structures. Escape Balcony: A horizontal platform affixed to the exterior wall of a structure which is readily accessible from an upper story door or window and which serves as a place from which rescue can be achieved in the event of fire or similar hazard with the structure. Escarpment: A steep slope, or series of cliffs or steep slopes, which faces in one general direction, breaks the continuity of the land by separating two comparatively level or more gently sloping surfaces, and is produced by erosion or by faulting. Family: A person or group of persons living together as a single housekeeping unit. Family, Camping: A parent or parents with their dependent children and not more than 2 guests. This definition to be used for camping related purposes only. Family Day Child Care Home: A dwelling unit where supervision and care and/or instruction for not more than 8 children under the age of 7 is provided for periods of less than 24 hours per day, and which is licensed by the Wisconsin Department of Health and Social Services. A dwelling licensed as a child care center by the W I Department of Children and Families under s. 48.65, Wis. Stats. Farm Consolidation: (Deleted: 24 March 2015; Ord. 2015-02) Farm Livestock Hutches: Structures that do not exceed 40 square feet in floor area nor 5 feet in height above the grade elevation, and used for keeping of farm livestock. (Added: 25 June 1996; Ord. 16-96) Farm Market: ( Deleted: 22 May 2018; Ord. 2018-11; Effective 2 July 2018) Farm Related Residence: A dwelling unit to be occupied by a person who, or a family at least one member of which, earns a substantial part of his or her their livelihood from farm operations on the parcel, or is a parent or child of the operator of the farm. (Note: Income earned from renting or leasing farmland shall not b e considered when determining if a person earns a substantial part of their livelihood from farm operations on the parcel) (Amended: 11 Dec. 2012; Ord. 2012-25) Fence: A barrier intended to provide visual screening, prevent escape or intrusion, or to mark a boundary. A fence does not include a railin g serving a deck, porch, balcony, or similar items. Fences shall be constructed of materials normally manufactured for, used as, and recognized as fencing materials such as: wrought iron or other decorative metals suitable for the construction of fences, fired maso nry, concrete, stone, chain link, metal tubing, wood, and vinyl or fiberglass composite manufactured specifically as fencing materials. (Amended: 22 Feb. 2022; Ord. No. 2022-03) Page 105 of 123 Mining Site Enlargement: Any horizontal increase beyond dimensions of the original application for the project site. Model Home: A single family dwelling unit which is used as a model for inspection by prospective home buyers and is unoccupied as a resi dence, but is intended for eventual use as a single family residence and which may or m ay not contain a home sales office. Municipal/Commercial Parking Lots: Parking lots containing six or more parking spaces that are not affiliated with a principal use. Multiple Occupancy Development: A development on a single lot wherein a building is provided with 3 or more occupancy units, or wherein 2 or more detached buildings are provided with 2 or more occupancy units, regardless of the characteristics of the user(s) of the occupancy units and regardless of the ownership of the building(s) or of the occupancy units. A single family residence with a secondary dwelling unit and/or living quarters in accessory structures shall not be considered to be a multiple occupancy development. (Amended: 4 April 2011; Ord. No. 2011-04) (Amended: 20 Sept. 2016; Ord. 2016-14) Natural Feature: A geologic formation, vegetative area, or other feature of the landscape which is protected by regulations in this Ordinance. Navigable Water: Lake Michigan, Green Bay, all natural inland lakes, all streams, ponds, sloughs, flowages and other waters within Door Coun ty which are navigable under the laws of the State of Wisconsin. Wisconsin's Suprem e Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis (Muench vs. Public Service Commission, 26 Wis. 492 (1952) and DeGaynor and Co., Inc., vs. Department of Natural Resources, 70 Wis. 2d 936 (1975). For example, a stream which is navigable by skiff o r canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons. Nonconforming Lot: An existing lot of record which, in its most rece nt configuration, does not contain sufficient area and/or width to me et the criteria of s. 3.02(3), table of district requirements, s. 3.04(5), lots created prior to the effective date of this Ordinance, or as applicable, s.3.15, special development requirements. (Amended: 17 April 2012; Ord. 2012- 14) (Amended: 27 May 2014; Ord. 2014-10) (Amended: 20 Sept. 2016; Ord. 2016-14) Nonconforming Sign: Any sign, legally established prior to the effect ive date of this Ordinance or subsequent amendments thereto, which d oes not fully comply with the requirements imposed by this Ordinance. Nonconforming Structure: Any building or structure, other than a sign, leg ally established prior to the effective date of this Ord inance or subsequent amendments thereto, which does not fully comply with the requi rements imposed by the individual sections of this Ordinance that pertain to the size , height, location, setback, and similar characteristics of structures. Page 106 of 123 Nonmetallic Mining Refuse: Waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining operat ion. This term does not include merchantable byproducts resulting directly from or displaced by the nonmetallic mining operation. Nonmetallic Mining Site: The location where a nonmetallic mining operation is conducted or is proposed to be conducted, including all surface areas from which minerals are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited, and areas disturbed by the non metallic mining operation by activities such as the construction or improvement of roads or haulageways. Occupancy Unit: A room, or interconnected rooms, consisting of li ving quarters physically separated from any other unit in the sam e building. The unit may include facilities for cooking, eating, and other facilities convenient to human living. Open Fence: A fence whose entire length is not greater than 5 0% opaque and whose individual elements or sections are also not greater than 50% opaque. Open Space: Area on a lot that is open to the sky, contains n o structures, parking, driveways, or other impervious surfaces, and contains no nonmetallic mining uses. (See also Preserved Open Space.) Ordinary High Water Mark: The landwardmost line along the bank of the shore of navigable water up to which the presence and action of surface water is so continuous as to leave a distinct mark on the bank. Such distinc t mark may be the result of erosion, cobble deposition, water staining, destruction of t errestrial vegetation, total or virtual absence of terrestrial vegetation, and/or other easily recognized characteristics. Outdoor Active Recreation Facility: A commercially operated facility with one or more outdoor active recreation uses. (Added: 26 February 2013; Ord. 2013-07) Park: An area of land kept for purposes of active recreation, relaxation, leisure, or ornament, and/or kept in its natural state. (Amended: 27 May 1997; Ord. 15-97) Personal Service Establishment: A use which is any of the following: clothing and shoe repair or rental shops, barber/beauty shops, portrait/photography studios, home appliance or electronics repair shops, travel agencies, or similar uses. (Amended: 30 January 2003; Ord. 01-03) Planned Residential Development: (Deleted: 4 April 2011; Ord. 2011-05). Planning Department : (Deleted and replaced with Door County Land Use Serv ices Department; 27 March 2018; Ord. 2018-06) Planning Director: (Deleted and replaced with Door County Land Use Service Director; 27 March 2018; Ord. 2018-06) Pound: An enclosure for stray, unlicensed, or unwanted animals operated pursuant to s. 174.046, Wis. Stats. Pound services include the co llection, care, and disposing of animals. Page 107 of 123 Residence, Single Family: The use of premises for the act or fact of dwelling in a single family dwelling unit. Residential Use: Any listed under residential uses in s. 2.05(3), table of principal uses. Retreat Center: An establishment providing a place for a period of withdrawal for prayer, meditation, study, and/or instruction. Such establishments shall be distinguished from public and private schools by their emphasis on holistic experiences that typically include on-site lodging and meal preparation. (Amended: 18 December 1998; Ord. 40-97) Ridges: See Ridges and Swales Complex. Ridges and Swales Complex: A landform consisting of a series of elongated mounds of fine sand (the ridges) separated by a series of elo ngated depressions (the swales). The rides are usually dry. The alternating ridges and swales form a concentric pattern which closely parallels a nearby shoreline. The depressions are usually wet, appearing as water- filled sloughs or moist sedge meadows, or populated with moisture-loving trees and shrubs. Ridges and swales complexes are distinguishable from dune formations by (1) the presence of the wet elongated depressions separating the drier, sandy elongated mounds and (2) a clearly evident concentric pattern on the ground resulting from the alternating ridges and swales arrangement. Riding Stable, Commercial: Any establishment where horses are kept for comme rcial riding or recreation. (Amended: 15 April 1997; Ord. 11-97) Riding Stable, Private: Any establishment where horses are kept for priva te riding or recreation. (Amended: 15 April 1997; Ord. 11-97) Road: A right-of-way that provides vehicular access to lo ts, including driveways within a right-of-way, but not including alleys or driveways . (Created: 30 August 2011; Ord. 2011-11) Roadside Stand: A use or structure involving only the display and sale of unprocessed farm products and plants produced, at least in part, on the premises. (Amended: 22 May 2018; Ord. 2018-11; Effective 2 July 2018) Rockhole: Any depression or opening in the ground surface t hrough which gathered surface water enters bedrock and eventually joins groundwater. These features are also locally known as sinkholes. Rockhole Channel: A linear depression in the ground surface through which water flows, intermittently or continuously, into a rockhole depression or rockhole opening. Rockhole Channel Cross-Sectional Area: The amount of surface of a two-dimensional vertical plane within a rockhole channel positioned perpendicular to the centerline of the rockhole channel. The uppermost extent of the plane shall be a line extending between 2 associated rockhole channel edges. Page 108 of 123 Site Area: The total area devoted to a conservation subdivis ion or of a manufactured home park development. (Amended: 4 April 2011; Ord. 2011-05) Slope: The relationship of the change in vertical distan ce to the change in horizontal distance, expressed as a percentage. Solid Waste Facility: A facility or land for solid waste treatment, solid waste storage, or solid waste disposal, and includes commercial, indu strial, municipal, state and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, incinerators, land disposal sites , transfer stations, storage facilities, collection and transportation services and processi ng, treatment and recovery facilities. Solid waste facility does not include a salvage yar d, nor does it include “clean” dredge spoils, as determined by the Wisconsin Department o f Natural Resources (WI DNR), or dredge spoils that have received “Low Hazard Exemption” from the WI DNR. (Amended: 27 March 2018; Ord. 2018-07) Spa: A facility providing treatments for the human bod y including such things as steam, sauna, mineral pools, whirlpools, massage and facials, body wraps, scrubs, and salons. (Added: 30 January 2003) Special Exception: (Deleted: 24 Nov. 1998; Ord. 33-98) Special Exception Permit: (Deleted: 24 Nov. 1998; Ord. 33-98) Stoop: A platform or entrance stair at a door to a building. (Added: 25 June 1996; Ord. 16-96) Story: That part of a building included between the surf ace of a floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling above it. Structural Alterations: Any change in the supporting members of the exterior portions of a building or structure, such as foundations, load-bearing walls, columns, sills, and rafters, or any change in the dimensions or configuration of the roof or exterior walls. Structural Repairs: Any repairs of the supporting members of the exte rior portions of a building or structure, such as foundations, load-bearing wall columns, sills, and rafters. Structure: Anything constructed, erected, or manufactured an d placed on or in the ground a lot or parcel of land . (Note: Structures elevated off the ground via means such as blocks, trailers, or wheels, or similar methods or devices are considered and regulated as “structures” under this Ordinance) (Amended: 22 Feb. 2000; Ord. 04-00) Structure, Accessory: A building or other structure which is customary, incidental, and subordinate to a permitted principal use of a lot a nd located on the same lot as the principal use, and does not meet the definition of a principal structure. Structure, Permanent: (Deleted 22 Feb. 2000; Ord. 04-00) Structure, Principal: A building or other structure which houses a prin cipal use of a lot, including any functional appurtenances, such as dec ks, stairways, and balconies, which are attached to, or located within 3 feet of, said building or structure. Page 109 of 123 Page 110 of 123 Page 111 of 123 Page 112 of 123 Page 113 of 123 Page 114 of 123 Page 115 of 123 Page 116 of 123 Page 117 of 123 Page 118 of 123 Page 119 of 123 Page 120 of 123 Page 121 of 123 Page 122 of 123 Page 123 of 123