Land Management Agenda 03-13-2026

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Notice of Public Meeting Committee: Land Management Committee Date: March 13th, 2026 Time: 8:00am Location: 3rd Floor County Board Room, 407 S. 2nd Street, Alma, WI 54610 Remote Access: join meeting here This meeting is open to the public, but portions of the meeting may be closed if this notice indicates that the committee may convene in closed session. The following matters may be reviewed, discussed and acted upon at this meeting, but deviations from the order shown may occur: Public hearing agenda—Rezone 1. Call to Order 2. Roll Call of Members 3. Reading of notice for public hearing 4. Riverland Energy Rezone application 5. Public Testimony 6. Correspondence 7. Adjournment Public hearing agenda-Ordinance revisions 8. Call to Order 9. Roll Call of Members 10. Reading of notice for public hearing 11. Ordinance revisions 12. Public Testimony 13. Correspondence 14. Adjournment 15. Land Management Committee Agenda 16. Call to Order 17. Roll Call of Members 18. Review/Discussion/Action Public Comments Regarding Posted Agenda Items 19. Review/Discussion/Action Previous Meeting Minutes 20. Review/Discussion/Action An Ordinance to Amend the Official “Buffalo County Zoning District Map” – Town of Lincoln 21. Review/Discussion/Action An Ordinance to Amend the Official “Buffalo County Zoning District Map” – Town of Nelson 22. Review/Discussion/Action An Ordinance to Amend the Official “Buffalo County Zoning District Map” – Town of Mondovi 23. Review/Discussion/Action An Ordinance to Amend “Buffalo County Zoning Ordinance” 24. Review/Discussion/Action An Ordinance to Amend “Buffalo County Manure Storage Ordinance” 25. Review/Discussion/Action An Ordinance to Amend “Buffalo County Uniform Addressing Ordinance” 26. Review/Discussion/Action An Ordinance to Amend “Buffalo County Solar Ordinance” Notice of Public Meeting 27. Review/Discussion/Action GIS/LIO Report 28. Review/Discussion/Action Surveyor Report 29. Review/Discussion/Action Director Report 30. Review/Discussion/Action Committee Chair Report 31. Review/Discussion/Action Public Comments Unrelated to Agenda Items 32. Review/Discussion/Action Next Meeting Date and Time: 33. Review/Discussion/Action Adjournment Date: 03/03/2026 Max Weiss, Chair _________________________________________ By: Lisa Schmitt, County Clerk Board Members: If unable to attend, please contact the Chair. If the Chair is unavailable, please contact the County Clerk’s Office at 608-685-6209. If the Chair and the County Clerk are not available, please call the Administrative Coordinator at 608-685-6234. Persons with Disabilities: Buffalo County shall attempt to provide reasonable accommodations to the public for access to its public meetings, provided reasonable notice of special need is given. If you require special accommodations to attend this meeting, please contact the County Clerk’s Office at 608-685-6209. Public Access to the Courthouse: The South Entrance will be the only access to the building after 4:30 p.m. Persons who are members of another governmental body, but who are not members of this committee, may attend this meeting. Their attendance could result in a quorum of another governmental body being present. Such a quorum is unintended, and they are not meeting to exercise the authority, duties, or responsibilities of any other governmental body. {Publish: February 26th and March 6th , 2026 in the Buﬀalo County News} NOTICE OF PUBLIC HEARING BEFORE THE BUFFALO COUNTY LAND MANAGEMENT COMMITTEE AND BUFFALO COUNTY BOARD OF SUPERVISORS Please be advised that the Buffalo County Land Management Committee will hold a public hearing to consider amending the district boundaries of the “Buffalo County Zoning Districts Map” at 8:00 a.m. on Friday, March 13th , 2026, in the Third Floor Board Room, Buffalo County Courthouse, Alma, Wisconsin. A petition made by Riverland Energy, PO Box 277, Arcadia, WI 54612, requests changing the zoning district from Agriculture/Natural Resource 40 to Industrial pertaining to a parcel of land approximately 2 acres in area located in the SW ¼, - NW ¼, Section 6, Town of Nelson, Buffalo County, Wisconsin. Parcel #032-00124-0010. Changing the zoning district from Agriculture/Natural Resource 20 to Industrial pertaining to a parcel of land approximately 1.72 acres in area located in the NW ¼, - SW ¼, Section 10, Town of Lincoln, Buffalo County, Wisconsin. Parcel #018-00678-0000. Changing the zoning district from Agriculture/Natural Resource 20 to Industrial pertaining to a parcel of land approximately 2.21 acres in area located in the NE ¼, - NE ¼, Section 22, Town of Mondovi, Buffalo County, Wisconsin. Parcel #026- 00453-0012. Immediately following the public hearing, the Land Management Committee will take action making a recommendation to the Buffalo County Board of Supervisors, who will consider the ordinance/ petition for change in zoning district boundaries at their next regularly scheduled meeting on March 23 rd, 2026, in the Third Floor Board Room, Buffalo County Courthouse, Alma, Wisconsin. You are further notified that copies of the rezone petition are on file and open for public review in the office of the Buffalo County Clerk and the Buffalo County Department of Land Management for a period of not less than two weeks prior to the March 13th , 2026, 8:00 a.m. Buffalo County Land Management Committee public hearing and the Buffalo County Board of Supervisors consideration, in accordance with Wisc. Stats. 59.69(5)(e). Buffalo County Land Management Committee ______________________________ Abigail Soderberg Buffalo County Department of Land Management Department of Land Management | P.O. Box 492; Alma, WI 54610 | 608-685-6218 | Hours of Business 8:00AM – 4:00PM M-T|8:00AM – 12:00PM F Report to the Land Management Committee Zoning Districts Map Amendment/Rezone Application Applicant: Riverland Energy Public Hearing: March 13, 2026 Riverland Energy has submitted a rezone application to amend the Buffalo County Zoning Districts Map. The applicant seeks to rezone a parcel of land from Agriculture/Natural Resource -40 to Industrial and two parcels of land from Agricultural/Natural Resource-20 to Industrial. The parcel, PID# 032-00124-0010, consists of 2 acres of land in Section 6, Town of Nelson. The site has historically been used as a power substation. See the plat map and orthophotography for site information. The parcel, PID# 026-00453-0012, consists of 2.21 acres of land in Section 22, Town of Mondovi. The site has historically been used as a power substation. See the plat map and orthophotography for site information. The parcel, PID# 018-00678-0000, consists of 1.72 acres of land in Section 10, Town of Lincoln. The site has historically been used as a power substation. See the plat map and orthophotography for site information. The applicant proposes substations for light industrial work in the towns of Nelson, Lincoln, and Mondovi, with a petition map attached detailing parcels that abide by the Buffalo County Zoning ordinance in terms of width, size, and road frontage as stated in CH7(F) of the 2018 Buffalo County Zoning Ordinance defining the bounds of which to design an industrially zoned area. To further their development of the area to meet the standards set in the ordinance it is required that the land be rezoned. Soils: The site has historically been a power substation with gravel over soil. The USDA soil survey identifies the primary soil type of the parcel in Nelson as 501A, Finchford loamy sand, 0 to 3 percent slopes. With most of the proposed development on 501A. Mondovi-433B, Forkhorn sandy loam, 2 to 6 percent slopes. With most of the proposed development on 433B. Lincoln- 115C2, Seaton Silt Loam, 6 to 12 percent slopes. With most of the proposed development on 115C2. Towns Position On February 24, 2026, the applicant’s rezone application was presented to the Nelson, Mondovi, and Lincoln Town Boards. The requisite Towns Acknowledgement Form was signed by Town Chairmen, Brad Mickelson, Bradley Schmidtnecht, and Bruce Auseth, indicating each town’s position on the rezone as follows. The Nelson Town Board commented on the Towns Acknowledgement Form, stating. “” in (Support/Denial) of the rezone. The Mondovi Town Board commented on the Towns Acknowledgement Form, stating. “” in (Support/Denial) of the rezone. The Lincoln Town Board commented on the Towns Acknowledgement Form, stating. “” in (Support/Denial) of the rezone. Public Comment: As of the drafting of this report the Zoning Department ha s not received any written, verbal or e -mailed public comments or correspondence that is in conflict with or in opposition to the proposed property rezone. Access: The parcel of 032-00124-0010 does not abut a public road, but is a lot of record created in 2008, it is 105ft from State Road 25, with easement from surrounding parcel owner Reta J Stewart. The parcel of 018-00678-0000 abuts a parcel also owned by Riverland Energy on and accessed by County Road E with approximately 171ft of road frontage. The parcel of 026- 00453-0012 does not abut a public road, but is a lot of record with easement through Teigen Children’s Trust of the surrounding parcel off State Road 37. Zoning Department Statement: The parcels of land are located on the West side of State Road 25, East side of county road E, and West side of State Road 37. The land use immediately surrounding the parcel is dedicated primarily to agricultural practices, initial zoning concerns pertain to road setbacks and proper use of zoning district. The rezone is being done to satisfy all zoning requirements as road frontage, lot of record, and distance from road center line were all checked by zoning staff and deemed appropriate. The land rezone proposed would abide by the Zoning Ordinance, and plans proposed for development with a preliminary view are within the bounds of the Industrial district. The rezone petition and the proposed use of the property is not in conflict with or inconsistent with the Buffalo County Zoning Ordinance or the Comprehensive Land Use Plan. NOTICE OF PUBLIC HEARING BEFORE THE BUFFALO COUNTY LAND MANAGEMENT COMMITTEE PUBLISHED: February 26th & March 5th, 2026 Buffalo County News. Please be advised that the Buffalo County Land Management Committee will hold a public hearing to consider amendments to a code of ordinances entitled “The Buffalo County Zoning Ordinance” and “The Buffalo County Uniform Addressing Ordinance at 8:00 a.m. on Friday, March 13, 2026 in the Third Floor County Board Room, Buffalo County Courthouse, Alma, Wisconsin. The proposed amendment includes adding an article to the Zoning Ordinance Ch. 7(I)(1)(b)- Conditional uses in an Industrial Zoning District and Ch.21(2)- definitions, Ch. 10(4)(A)- Non-Conforming Lots. To Strike from Buffalo County Uniform Addressing ordinance Ch2(4)(B)(2) part of Ch.2(4)(B)(3) and Ch.2(3)(B)(9), and Change of due dates to The Buffalo County Manure Storage Ordinance, Amend Buffalo County Solar Ordinance 2024-1.07(17)(e). No action will be taken by the County Board on this date. The County Board of Supervisors will consider the adoption of the proposed amendments on March 23, 2026, at a regular meeting of the County Board. You are further notified that copies of the amendments are on file and open for public inspection in the office of the Buffalo County Clerk and the Buffalo County Zoning Department for a period of not less than two weeks prior to the March 13, 2026 Land Management Committee public hearing date and Land Management Committees consideration in accordance with s. 59.69(5)(e) Wisconsin Statutes. Please forward all public comments to the Buffalo County Clerk’s Office. Written comments received by March 4, 2026, at 4:00 p.m. will be mailed to the Land Management Committee members for their review prior to the public hearing. Public Comments received after that date and time will be available to the Land Management Committee members at the public hearing. Abigail Soderberg Buffalo County Zoning Department Buﬀalo County Solar Ordinance – Adopted ______ 1 BUFFALO COUNTY SOLAR ORDINANCE Adopted by the Board of Supervisors of Buﬀalo County Ordinance no. _______ ____________ Buﬀalo County Solar Ordinance – Adopted ______ 2 ACKNOWLEDGEMENT In recent years, Buﬀalo County has seen an increase in inquiries about solar energy and development. In an eﬀort to set requirements and standards for solar development in Buﬀalo County, the Department of Land Management worked to create a Solar Ordinance to establish these requirements to preserve the public health and safety of Buﬀalo County residents. Thank you to all who contributed to the dra�ing, revising, and establishment of this ordinance. BUFFALO COUNTY BOARD OF SUPERVISORS Dennis Bork – Chair Max Weiss – Vice Chair Dwight Ruﬀ Chris Lindstrom Steve Nelson Gary Stanton Carol McDonough Nathan Nelson John Hadley Brian Michaels John Sendelbach Bill Bruegger Michael L. Taylor Mary Anne McMillan Urell BUFFALO COUNTY LAND MANAGEMENT COMMITTEE Max Weiss – Chair Dwight Ruﬀ – Vice Chair Chris Lindstrom Gary Stanton John Sendelbach Joe Bragger BUFFALO COUNTY TOWN CHAIRS Alma – Thomas Huber Belvidere – Ron Speltz Buﬀalo – Steve James Canton – Tony Poeschel Cross – Leonard A. Litscher Dover – Jeﬀ Binfet Gilmanton – Jamey Davis Glencoe – Cletus N. Foegen Lincoln – Bruce Auseth Maxville – Dan Weisenbeck Milton – Bob Plateter Modena – Allen Sheahan Mondovi – Bradley Schmidtknecht Montana – Jimmy Ellis Naples – Ross Kruger Nelson – Brad Mikelson Waumandee – Rick Reuter All other Town Board oﬃcials and Town Clerks for their assistance. BUFFALO COUNTY ZONING DEPARTMENT STAFF Cale Severson – Land Management Director Abigail Soderberg – Administra�ve Assistant Brock Lederman – Zoning Specialist Steven Wall – Zoning Technician COORDINATING STAFF Nathan Machula – GIS/Land Informa�on Oﬃcer BUFFALO COUNTY OFFICE OF CORPORATION COUNSEL Tom Bilski – District Atorney Buﬀalo County Solar Ordinance – Adopted ______ 3 BUFFALO COUNTY ZONING DEPARTMENT ._______________________. ADMINISTRATION Cale Severson Land Management Director Abigail Soderberg Administra�ve Assistant Brock Lederman Zoning Specialist Steven Wall Zoning Technician ._______________________. Inquiries about this ordinance may be directed to: Buﬀalo County Zoning Department 407 S. 2nd St. P .O. Box 492 Alma, WI 54610 Phone: (608) 685-6218 Website: www.buﬀalocountywi.gov Buﬀalo County Solar Ordinance – Adopted ______ 4 BUFFALO COUNTY SOLAR ORDINANCE TABLE OF CONTENTS CHAPTERS 2024-1.01: Title ……………………………………………………………………………………………………5 2024-1.02: Purpose ………………………………………………………………………………………………5 2024-1.03: Findings of Fact …………………………………………………………………………………..5 2024-1.04: Deﬁni�ons ………………………………………………………………………………………….5 2024-1.05: General Requirements ………………………………………………………………………..6 2024-1.06: Accessory Solar Energy Systems (ASES) ……………………………………………….8 2024-1.07: Principal Solar Energy Systems (PSES) ……………………………………………….11 Buﬀalo County Solar Ordinance – Adopted ______ 5 Buﬀalo County Solar Ordinance 2024-1.00 Solar Panel and Solar Farm Ordinance 2024-1.01 Title This ordinance shall be known as, referred to, or cited as the Solar Panel Ordinance, County of Buﬀalo, Wisconsin. 2024-1.02 Purpose The purpose of this ordinance is to provide a regulatory means for the si�ng, construc�on, and opera�on of both small- and large-scale solar installa�ons in the County of Buﬀalo, subject to reasonable restric�ons, which will preserve the public health and safety. Roof mounted and wall mounted solar arrays to not fall within this ordinance. 2024-1.03 Findings of Fact 1. These regula�ons are adopted under the authority granted pursuant to Wisconsin Statute 66.0401 (2009) which provides regula�on related to solar and wind energy systems. a. Sec. 66.0401 Wis. Stats: Authority to Restrict Systems Limited. No poli�cal subdivision may place any restric�on, either directly or in eﬀect, on the installa�on or use of a solar energy system, as deﬁned in Wis Statutes 13.24 (2)(h)1. g. Wis Stats, unless it sa�sﬁes one of the following condi�ons: i. Serves to preserve or protect public health or safety. ii. Does not signiﬁcantly increase the cost of the system or signiﬁcantly decrease its eﬃciency. iii. Allows for an alterna�ve system of comparable cost and eﬃciency. 2024-1.04 Deﬁni�ons 1. As used in this Ordinance, the following terms shall have the meanings indicated: a. ACCESSORY SOLAR ENERGY SYSTEM (ASES): An area of land or other area used for a solar collec�on system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on- site use. An accessory solar energy system consists of one (1) or more free- standing ground mounted solar arrays or modules, or solar related equipment and is intended to primarily reduce on-site consump�on of u�lity power or fuels. b. GLARE: The eﬀect produced by light with intensity suﬃcient to cause annoyance, discomfort, or loss in visual performance and visibility. c. ONSITE: The power generated on a parcel to be used on this same parcel. d. OWNER: A person or en�ty or agent or representa�ve thereof with an equity interest in the solar energy system e. PRINCIPAL SOLAR ENERGY SYSTEM (PSES): An area of land or other area used for a solar collec�on system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for oﬀ-site use. Principal solar energy systems consist of one (1) or Buﬀalo County Solar Ordinance – Adopted ______ 6 more free-standing ground mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reﬂectors, concentrators, and heat exchangers, substa�ons, electrical infrastructure, transmission lines and other appurtenant structures. f. SCREEN: A natural vegeta�on barrier consis�ng of trees, bushes, or other natural vegeta�on such as evergreens that has the capability to eﬀec�vely shield the site visually. None of which shall be on the State’s invasive species list. g. SOLAR ARRAY: A grouping of mul�ple solar modules with the purpose of harves�ng solar energy. h. SOLAR CELL: The basic solar device which collects solar energy. i. SOLAR EASEMENT: A solar easement means a right, expressed as an easement, restric�on, covenant, or condi�on contained in any deed, contract, or other writen instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems. j. SOLAR ENERGY: Radiant energy (direct, diﬀuse and/or reﬂec�ve) received from the sun. k. SOLAR MODULE: A grouping of solar cells with the purpose of harves�ng solar energy. l. SOLAR PANEL: That part or por�on of a solar energy system containing one or more recep�ve cells or modules, the purpose of which is to convert solar energy for use in space hea�ng or cooling, for water hea�ng and/or for electricity. m. SOLAR RELATED EQUIPMENT: Items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, bateries, moun�ng brackets, framing and possibly founda�ons or other structures used for or intended to be used for collec�on of solar energy. n. STAND ALONE ENERGY SYSTEM: Any solar system that does not �e into the power grid or to a habitable structure. 2. Calcula�on Conversion Chart (as of January 2024): 1 MEGAWATT = 190 HOMES POWERED 100 MEGAWATTS = 19,000 HOMES POWERED 1 MEGAWATT = 5 ACRES 2024-1.05 General Requirements 1. Both ASES and PSES shall be referred to as a “solar energy system”. 2. Structural and electrical engineering is required for both ASES, PSES and any other solar energy system that co-mingles with u�lity power. 3. The solar layout, design, installa�on, and ongoing maintenance shall conform to applicable industry standards, such as those of the American Na�onal Standards Ins�tute (ANSI), Underwriters Laboratories (UL), the American Society for Tes�ng and Materials (ASTM), Ins�tute of Electrical and Electronics Engineers (IEEE), Solar Ra�ng and Cer�ﬁca�on Corpora�on (SRCC), Electrical Tes�ng Laboratory (ETL), Na�onal Electrical Code (NEC), and State of Wisconsin Electrical Code or other similar cer�fying organiza�ons, and shall comply with the WI Uniform Construc�on Code as enforced by Buﬀalo County Zoning Department, Buﬀalo County Solar Ordinance – Adopted ______ 7 and with all other applicable ﬁre and life safety requirements. The manufacturer speciﬁca�ons for the key components of the system shall be submited as part of the applica�on. Upon comple�on of installa�on, the solar system shall be maintained in good working order under which the solar array was constructed. Failure of the solar energy system owner to maintain the solar energy system in good working order is grounds for appropriate enforcement ac�ons by the Buﬀalo County Zoning Department in accordance with applicable ordinances. It shall be the responsibility of the installing company/operator to train and/or cover the costs of training for all local emergency services on responding to on-site emergencies. 4. Permit Requirements a. Zoning /building permit applica�ons shall document compliance with this Sec�on and shall be accompanied by drawings showing the loca�on of the system on the building or property, including property lines. i. Permits must be kept on the premises where the solar energy system is constructed. ii. Setbacks shall be on a case-by-case basis and aim to be ﬁ�y (50) feet from any non-par�cipa�ng property line for ground mounted panels. This setback to panel structure shall be to guarantee solar access to sunlight and to allow for fences, screening and emergency vehicle access to perimeter of solar ﬁeld. Minimum setbacks of structures shall be the setbacks as set forth in the zoning district. b. The zoning permit shall be revoked if the solar energy system, whether new or pre-exis�ng, is moved or otherwise altered, either inten�onally or by natural forces, in a manner which causes the solar energy system not to be in conformity with this Ordinance. In the event of a viola�on of any of the foregoing provisions, the Zoning Department shall give writen no�ce specifying the viola�on to the owner of the solar energy system to conform or to remove the solar energy system within [90] days of receiving the no�ce. c. The solar energy system must be properly maintained according to industry standards as needed to keep the solar energy system in good repair and opera�ng condi�on, and that it shall be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condi�on or detrimental to public health, safety, or general welfare. In the event of a viola�on of any of the foregoing provisions, the Zoning Department shall give writen no�ce specifying the viola�on to the owner of the solar energy system to conform or to remove the solar energy system within [90] days of receiving the no�ce. ]. d. A cer�ﬁed plan must be stamped and approved by a Professional Engineer and on ﬁle with the Buﬀalo County Zoning Department to ensure safety of all wiring and energy transference. 5. Decommissioning & Demoli�on a. A demoli�on/raze permit is required for all decommissioning/demoli�on. Buﬀalo County Solar Ordinance – Adopted ______ 8 b. Any founda�ons, equipment, or wiring must be removed at the close of the decommissioning to a depth of 36 inches (three feet) from ground surface or subject to landowner waiver. 2024-1.06- Accessory Solar Energy Systems (ASES) Regula�ons Applicable to All Accessory Solar energy systems: 1. Best management prac�ces shall be used to minimize erosion on and oﬀ the site. Any development over 12% shall submit a steep slopes development plan prior to permit issuance. 2. Any and all disputes shall go before the Board of Adjustments for ﬁnal determina�on. 3. ASES shall be permited as a use in all zoning districts. 4. Exemp�ons a. ASES legally constructed prior to the eﬀec�ve date of this Sec�on shall not be required to meet the terms and condi�ons of this Ordinance. Any physical modiﬁca�on to an exis�ng ASES whether or not exis�ng prior to the eﬀec�ve date of this Sec�on that materially alters the ASES shall require approval under this Ordinance. Rou�ne maintenance or like-kind replacements do not require a permit. 5. All on-site u�lity, transmission lines, and piping/plumbing shall be placed inside the structure or underground to the extent feasible. 6. The owner of an ASES shall provide the Zoning Department writen conﬁrma�on that the public u�lity company to which the ASES will be connected has been informed of the customer’s intent to install a grid connected system and approved of such connec�on. Oﬀ- grid systems shall be exempt from this requirement. 7. The display of adver�sing is prohibited except for reasonable iden�ﬁca�on of the manufacturer of the system. 8. Glare a. All ASES shall be designed to minimize or mi�gate the projec�on of concentrated solar radia�on or glare onto nearby structures or roadways to the extent prac�cable. b. b. The applicant has the burden of proving that any glare produced does not have signiﬁcant adverse impact on neighboring or adjacent uses either through si�ng or mi�ga�on. 9. Decommissioning a. The ASES owner is required to no�fy the County within 30 days upon cessa�on or abandonment of the opera�on. b. The ASES shall be presumed to be discon�nued or abandoned if its output fails to meet or exceed 25% of nameplate capacity at least once in a con�nuous twelve (12) month period. c. The ASES owner shall then have twelve (12) months from discon�nuance or abandonment in which to dismantle and remove the ASES including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, founda�ons, and other associated facili�es from the property. If the owner fails to dismantle and/or Buﬀalo County Solar Ordinance – Adopted ______ 9 remove the ASES within the established �meframes, Buﬀalo County may complete the decommissioning at the owner’s expense. d. The ASES owner shall, at the request of the County, provide informa�on concerning the amount of energy generated by the ASES in the last twelve (12) months. 10. Ground Mounted Accessory Solar energy systems: a. Setbacks i. Must meet the required setback for an accessory structure per the applicable zoning district. ii. Zoning Department may authorize the installa�on of a ground mounted ASES in front of the principal building, outside the required front yard, if the applicant demonstrates that, due to solar access limita�ons, no loca�on exists on the property other than the front yard where the solar panel can perform eﬀec�vely. The Zoning Administrator has the authority to apply requirements/condi�ons for vegeta�ve screening. b. Height i. Ground mounted ASES shall not exceed ﬁ�een (15) feet in height above the ground eleva�on surrounding the systems. c. Coverage i. The area beneath the ground mounted ASES is considered a pervious surface. However, use of the impervious construc�on materials under the system could cause the area to be considered impervious. ii. The total surface area of the arrays of ground mounted ASES on the property shall not exceed more than twenty (20) percent of the lot area. iii. The applicant shall submit a Storm Water Management Plan that demonstrates compliance with the Buﬀalo County Storm Water Management regula�ons. d. Screening i. Ground mounted ASES shall be screened from any adjacent property that is residen�ally zoned or used for residen�al purposes. ii. Appropriate safety/warning signage concerning voltage shall be placed at ground mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry. e. Ground-mounted ASES shall not be placed within any legal easement or right-of-way loca�on or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoﬀ from collec�ng in a constructed storm water conveyance system. 2024-1.07 Principal Solar Energy Systems (PSES) 1. Buﬀalo County Land Management shall have the authority for on-site and aerial inspec�ons during the en�rety of the applica�on and permit dura�on. 2. Any and all disputes regarding a PSES permit that are within the jurisdic�on of the County Board of Supervisors shall go before the Board of Adjustments for ﬁnal determina�on. Buﬀalo County Solar Ordinance – Adopted ______ 10 3. Applica�on Process Flow- a. A Board of Adjustment hearing will be scheduled upon an applica�on being deemed complete by the Department. The applica�on will be deemed complete within 30 days of receiving the necessary documents. The Department has 30 days in which to schedule said hearing upon receiving the complete applica�on. A complete applica�on shall include the following: i. Proof that an owner used reasonable methods to provide writen no�ce of the planned renewable energy system to all of the following: 1. Landowners within a half mile of a planned host property. 2. Town(s) where the energy system may be located. 3. Emergency ﬁrst responders serving the areas where the energy system may be located. 4. The Wisconsin Department of Transporta�on. 5. The Public Service Commission of Wisconsin. 6. The Wisconsin DNR. 7. The Wisconsin Department of Agriculture, Trade and Consumer Protec�on. 8. The oﬃce of the deputy undersecretary of the U.S. Department of Defense. ii. A Town’s Acknowledgement Form iii. Correct fee as established by the County Board of Supervisors iv. Completed Condi�onal Use Permit Applica�on 4. The owner shall provide annual training for the county's emergency management department, sheriﬀ's oﬃce, and any other ﬁre, police, or other ﬁrst responder iden�ﬁed in the owner's emergency ac�on plans unless otherwise approved by the Board of Adjustment based on the informa�on provided in the applica�on. The owner shall provide up to eight hours of training each calendar year based on the need for the training and requests from local emergency management oﬃcials, and the owner is responsible for all direct training costs unless otherwise approved by the Board of Adjustment based on the informa�on provided in the applica�on. 5. The owner shall reimburse the County for all reasonable costs incurred in response to an onsite emergency unless the emergency is a result of the inten�onal, unlawful, or negligent ac�ons of someone other than the Owner or an agent of the Owner. 6. Prior to the commissioning of the PSES, an owner shall create an emergency ac�on plan and distribute a copy of its emergency plans to the following: a. Buﬀalo County Emergency Management. b. Buﬀalo County Sheriﬀ's Oﬃce. c. Clerk for any town which its renewable energy systems are located or that are within one-half mile of any of its facili�es. d. Clerk for any village or city within one-half mile of any of its renewable energy systems facili�es. e. Any ﬁre, police, or other ﬁrst responder iden�ﬁed by the county's emergency management director or the clerk of any city, village, or town who has received a copy of the owner's emergency plans as set forth above. Buﬀalo County Solar Ordinance – Adopted ______ 11 7. Best management prac�ces shall be used to minimize sediment erosion on and oﬀ the site. Any development over 12% shall submit a steep slopes development plan prior to permit issuance. 8. Regula�ons applicable to all principal solar energy systems 9. PSES shall be permited by condi�onal use in all Zoning Districts 10. Exemp�ons a. PSES constructed prior to the eﬀec�ve date of this sec�on shall not be required to meet the terms and condi�ons of this ordinance. Any physical modiﬁca�on to an exis�ng PSES, whether or not exis�ng prior to the eﬀec�ve date of this sec�on that materially alters the PSES shall require approval under this ordinance. Rou�ne maintenance or like-kind replacements do not require a permit. 11. All on-site wiring, cabling, and piping/plumbing lines, with the excep�on of genera�on �e lines and connec�ons between panels, shall be placed inside the structure or underground and routed to minimize land disturbance to the extent prac�cable considering other relevant factors such as environmental impacts and landowner preferences. 12. The owner of a PSES shall provide the Buﬀalo County Zoning Department with writen conﬁrma�on that the public u�lity company to which the PSES will be connected has been informed of the customer’s intent to install a grid connected system and approved of such connec�on. 13. No por�on of the PSES shall contain or be used to display adver�sing. The manufacturer’s name and equipment informa�on or indica�on of ownership shall be allowed on any equipment of the PSES provided they comply with the prevailing sign regula�ons. 14. Glare a. All PSES shall be designed to minimize or mi�gate the projec�on of concentrated solar radia�on or glare onto nearby dwellings or roadways to the extent prac�cal b. The applicant has the burden of proving that any glare produced does not have signiﬁcant adverse impact on neighboring or adjacent uses either through si�ng or mi�ga�on. 15. The noise levels generated by a PSES shall be of a level that protects public health and safety. a. A permit applica�on must include es�mated noise generated by the PSES at the nearest point of the neighboring property line unless the adjacent property owner owns property that is part of the project or has provided a writen waiver of this requirement to the owner. b. For the purpose of evalua�ng PSES permit applica�ons, the Board of Adjustment will consider a project that generates less than 45 dBA at the nearest point of the neighboring property line, based on one-hour L EG, as adequately protec�ng public health and safety based on noise. Should the ambient sound pressure level excluding the PSES exceed 45 dBA 1 hr. LEG, a project that generates less than the ambient dBA plus 5dBA 1-hr LEG shall be considered as adequately protec�ng public health and safety based on noise. 16. The PSES owner and/or operator shall maintain a phone number and iden�fy the person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Zoning Department. The PSES owner Buﬀalo County Solar Ordinance – Adopted ______ 12 and/or operator shall make reasonable eﬀorts to respond to the public’s inquiries and complaints. a. Maintenance, condi�on, and output records must be submited to the town biannually for review. The records will be kept on ﬁle and available for public review subject to Wis. Stat. §§ 19.31-19.39. 17. Decommissioning/Demoli�on a. The PSES owner is required to no�fy Zoning Department within 30 days upon discon�nuance or abandonment of the opera�on. b. The PSES shall be presumed to be discon�nued or abandoned if its output fails to meet or exceed 25% of nameplate capacity at least once in a con�nuous twelve (12) month period. c. A demoli�on/raze permit from the Zoning Department is required for all decommissioning and demoli�on. d. The PSES owner shall have twelve (12) months from the discon�nuance or abandonment in which to dismantle and remove the PSES including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, founda�ons, and other associated facili�es from the property , unless a writen waiver is obtained from the landowner and subject to sec�on [1.05.5.b] of this Chapter. If the owner fails to dismantle and/or remove the PSES within the established �meframes, Buﬀalo County may complete the decommissioning at the owner’s expense. e. At the �me of issuance of the permit for the construc�on of the PSES, the owner shall provide ﬁnancial security in the form and amount acceptable to the County to secure the expense of dismantling and removing said PSES and restora�on of the land to its original condi�on. This ﬁnancial security shall be the average of at least 2 qualifying es�mates of removal and disposal. It shall also be reviewed every 5 years and updated. This �meline may be shortened by the county as deemed necessary due to factors outside the county’s control, such as: inﬂa�on, market changes, equipment aging, updated restora�on costs, change in technologies or other factors. Financial Security shall be: i. 25% prior to the start of construc�on. ii. 50% a�er two (2) years. iii. 100% at the conclusion of 5 years of opera�on. 18. Permit Requirements a. PSES shall comply with Buﬀalo County Comprehensive Land Use plan. The installa�on of PSES shall be in compliance with all applicable permit requirements, codes, and regula�ons. b. The PSES owner and/or operator shall repair, maintain, and replace the PSES and related equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and opera�ng condi�on. c. PSES shall be eﬀec�vely fenced around the perimeter. Unless otherwise approved by the Board of Adjustment based on the informa�on provided in the applica�on, the PSES shall include a perimeter fence with a minimum height of eight (8) feet that is Buﬀalo County Solar Ordinance – Adopted ______ 13 made of steel wire. The wire shall not be of barbed wire or woven wire designs. The fencing shall preferably use wildlife friendly fencing standards that includes passage of small animals such as rabbits and raccoons. Such fencing shall eﬀec�vely keep large animals such as deer out of the enclosure. It shall be upon the operator to see that entrapped animals are released in a �mely fashion. If wild animals such as deer have entered the enclosure, those animals shall be removed within 24 hours or be reported immediately to local wildlife authori�es pursuant to Wis. Stat. § 169.04. The fencing shall not cross navigable waters unless permited by the Wisconsin Department of Natural Resources. d. Any such system including but not limited to solar panels, fencing, access roads, etc. shall all adhere to Floodplain and Shoreland Ordinances e. The County shall be no�ﬁed before any permit transfer takes place. The new permit holder is responsible for providing updated ﬁnancial security, consistent with sec�on [1.07.17] of this chapter, and assuming decommissioning obliga�ons incorporated into the permit. Financial security of the previous owner will not be released un�l the new owner has provided to the County new ﬁnancial security and updated and all exis�ng plans corresponding to the opera�on of the facility 19. Ground Mounted Principal Solar energy systems: a. Setbacks i. Setbacks for PSES panels shall be consistent with the setbacks for the applicable Zoning District. The Board of Adjustment may require more restric�ve setbacks than provided in the applicable Zoning District if necessary to preserve or protect the public health or safety based on the informa�on provided in the applica�on. ii. However, for the purpose of evalua�ng PSES permit applica�ons, the Board of Adjustment will consider PSES panels that are setback ﬁ�y (50) feet from non-par�cipa�ng property lines as adequately preserving and protec�ng public health and safety. The Board of Adjustment will also consider the PSES as adequately preserving and protec�ng public health and safety if a landowner has consented to a setback of less than 50 feet from the property line to the PSES panels. iii. For the purpose of evalua�ng PSES permit applica�ons, the Board of Adjustment will consider PSES panels that are setback two hundred and ﬁ�y (250) feet from non-par�cipa�ng dwellings as adequately preserving and protec�ng public health and safety. The Board of Adjustment will also consider the PSES as adequately preserving and protec�ng public health and safety if the dwelling owner has consented to a setback of less than 250 feet from the dwelling to the PSES panels. iv. v. For the purpose of evalua�ng PSES permit applica�ons, the Board of Adjustment will consider PSES panels that are setback one hundred and ﬁ�y (150) feet from State and County Road centerlines or one hundred (100) feet from all other roads to adequately preserve and protect the public health and safety. The Board of Adjustment may determine that Buﬀalo County Solar Ordinance – Adopted ______ 14 vegeta�ve or other screening is necessary for setbacks that are less than those listed in paragraphs ii through iv, based on the informa�on provided in the applica�on. b. Height i. The Board of Adjustment may limit the maximum height for PSES structures in order to preserve or protect the public health and safety. For the purpose of evalua�ng PSES permit applica�ons, the Board of Adjustment will consider ground mounted PSES that do not exceed ﬁ�een (15) feet in height to the top of the panels at maximum angle as adequately preserving and protec�ng the public health and safety. c. Impervious Coverage i. The area beneath the ground mounted PSES is considered a pervious surface. However, use of impervious construc�on materials under the system could cause the area to be considered impervious and subject to the impervious surfaces limita�ons. ii. The applicant shall submit a storm water management plan that demonstrates compliance with Buﬀalo County municipal storm water management regula�ons. Any disturbance over one (1) acre requires coverage under a WDNR stormwater permit before construc�on. iii. PSES owners are encouraged to use low maintenance and low growing vegeta�ve surfaces under the system as a best management prac�ce for storm water management. iv. PSES owners shall maintain, throughout the dura�on of opera�on, natural vegeta�on within the site to minimize erosion, manage runoﬀ, and improve soil health. 20. Ground mounted PSES shall be screened from adjoining residen�al uses or zones consistent with the requirements of the applicable Zoning District. 21. Ground-mounted PSES shall not be placed within any exis�ng legal easement or right-of-way loca�on or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoﬀ from collec�ng in a constructed storm water conveyance system. 22. Security a. All ground mounted PSES shall be completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. b. A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substa�ons and on the fence surrounding the PSES informing individuals of poten�al voltage hazards. 23. Access a. At a minimum, a twenty-two (22) feet wide access road must be provided from a state/county or Township for access to the site. Meet driveway standards. b. At a minimum, a twenty-two (22) feet wide cart way shall be provided between groupings of solar arrays to allow access for maintenance vehicles and emergency management vehicles including ﬁre apparatus and emergency vehicles. Cartway Buﬀalo County Solar Ordinance – Adopted ______ 15 width is the distance between the botom edges of solar panel frames to the top edges of the solar panel frame directly across from it. 24. The ground mounted PSES shall not be ar�ﬁcially lit except to the extent required for safety or applicable federal, state, or local authority. 25. If a ground mounted PSES is removed, any earth disturbance resul�ng from the removal must be restored, returning it to the condi�on, topography, and use it was in prior to the PSES installa�on and what is deemed suitable by the Zoning Administrator, subject to landowner waiver 26. Decommissioning/Demoli�on a. The PSES owner is required to no�fy the Zoning Department within 30 days upon discon�nua�on or abandonment of the opera�on. The PSES shall be presumed to be discon�nued or abandoned if its output fails to meet or exceed 25% of nameplate capacity at least once in a con�nuous twelve (12) month period. b. A permit from the Zoning Department is required for all decommissioning and demoli�on. c. The PSES owner shall then have twelve (12) months in which to dismantle and remove the PSES including all solar related equipment or appurtenances related thereto, including but not limited to structural repair of buildings, cabling, electrical components, roads, founda�ons, and other associated facili�es from the property, , unless a writen waiver is obtained from the landowner and subject to sec�on [1.05.5.b] of this Chapter. If the owner fails to dismantle and/or remove the PSES within the established �meframes, Buﬀalo County may complete the decommissioning at the owner’s expense. Buffalo County Manure Storage Ordinance Update This plan shall be submitted to the Land Conservation Department no later than March April 15th of the year following installation of the manure storage facility and every year thereafter, by March April 15th, while the facility is in use. BUFFALO COUNTY UNIFORM ADDRESSING ORDINANCE Adopted by the Board of Supervisors of Buffalo County Ordinance no. 19-01-01 2 ACKNOWLEDGEMENT Appreciation and thanks to all involved in this large and important cooperative effort to assure that the residents and visitors to Buffalo County have the advantage of an addressing system that helps to assure rapid location by emergency services and first responder personnel. BUFFALO COUNTY BOARD OF SUPERVISORS Mary Anne McMillan Urell - Chair Larry Grisen– Vice-Chair David Danzinger Nettie Rosenow Don Hillert Scott Smith Nathan Nelson Jon Seipel Don Black Max Weiss Dennis Bork John Kriesel Michael Taylor Bernard Brunkow BUFFALO COUNTY ZONING COMMITTEE Michael Taylor – Chair Bernard Brunkow – Vice Chair David Danzinger Dennis Bork Max Weiss BUFFALO COUNTY ZONING DEPARTMENT STAFF Michael Owecke – Zoning Administrator Julie Lindstrom – Administrative Assistant Keith Bollinger – Zoning Specialist COORDINATING STAFF Sonya Hansen – County Coordinator Jason Poser - GIS Systems Coordinator Tammy Huber – E911 Coordinator Bruce Fuerbringer – Emergency Mgmt. Coordinator 3 TABLE OF CONTENTS Page No. Chapter 1: Title; Authority: General Provisions ................................................................................... 4 Section: 1. Title ............................................................................................................................................................... 4 2. Authority ....................................................................................................................................................... 4 3. Purpose ......................................................................................................................................................... 4 4. Jurisdiction ..................................................................................................................................................... 4 5. Abrogation and Greater Restrictions ............................................................................................................ 4 6. Severability .................................................................................................................................................... 4 7. Effective Date ............................................................................................................................................... 4 Chapter 2: Uniform Addressing System ................................................................................................... 5 Section: 1. Addressing System ....................................................................................................................................... 5 2. Applicability ................................................................................................................................................. 5 3. Address Assignment ..................................................................................................................................... 6 4. Address and Signage Requirements for Shared Private Driveways ............................................................ 7 Chapter 3: Address Sign Standards ........................................................................................................... 9 Section: 1. Address Sign Design Specifications and Procurement ................................................................................ 9 2. Placement of Address Signs ......................................................................................................................... 9 3. Address Sign Maintenance ......................................................................................................................... 10 4. Existing Addresses ...................................................................................................................................... 10 Chapter 4: Road Naming and Sign Standards ..................................................................................... 10 Section: 1. Road Naming and Signing .......................................................................................................................... 10 2. Road & Private Drive Sign Standards and Responsibility ......................................................................... 11 3. Private Drive Naming .................................................................................................................................. 12 Chapter 5: Enforcement and Penalties .................................................................................................... 12 Section: 1. Prohibitions ................................................................................................................................................. 12 2. Enforcement ................................................................................................................................................ 13 3. Prosecution ................................................................................................................................................. 13 4. Penalties ....................................................................................................................................................... 13 4 CHAPTER 1 TITLE, AUTHORITY, GENERAL PROVISIONS The Board of Supervisors of Buffalo County, Wisconsin does so ordain as follows: 1. Title. This Ordinance shall be known as, referred to, or cited as the Buffalo County Uniform Addressing Ordinance. 2. Authority. The provisions of this Ordinance are adopted pursuant to the authority granted by Wisconsin Statutes ss. 59.54(4). 3. Purpose. The purpose of this Ordinance is to promote and protect the health, safety, and general welfare of the public of Buffalo County by providing the most practical, efficient, and logical means of physically locating properties and structures located in the County. The primary and vital purpose of an addressing system is to provide the means and standards for the most rapid location of property by emergency service providers including; emergency medical service, fire departments, law enforcement, and other first responders and service agencies. The system will also serve the U.S. Postal Service and the public at large in the timely and efficient delivery of services. It is the intent of this Ordinance to establish the method by which address numbers are assigned, as well as how signs are obtained, installed, and maintained. It is further intended to provide for requirements for road naming and the review process and responsibilities involved in assuring all public and private drives are named and signed in accordance with accepted criteria. 4. Jurisdiction. The jurisdiction of this Ordinance shall include all lands and water in Buffalo County located outside the limits of incorporated cities and villages. 5. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing ordinances, rules, or regulations adopted by Buffalo County. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. 6. Severability. If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. This Ordinance shall not create liability on the part of, or cause action against, Buffalo County or any office or employee thereof for any damages that may result from reliance on this Ordinance. 7. Effective Date. This Ordinance shall be effective upon adoption by the Buffalo County Board of Supervisors and shall take effect the day of adoption. 5 CHAPTER 2 UNIFORM ADDRESSING SYSTEM 1. Addressing System. A. Grid System. The official addressing system of Buffalo County is the grid system as established and mapped by the County in 1989. The official addressing map is kept on file in the office of the GIS Coordinator. B. Address Number Determination. The grid system so established allows for only 50 even and 50 odd numbered addresses per mile of roadway, the equivalent of one address every 52.8 feet of road length on each side of a road. An address number designates the intersection point of a driveway centerline with a public road. Address numbers are derived from measurements taken from the north or east grid section with the result adjusted to correspond to the side of the road the subject driveway and property are located on. C. Even / Odd Address Number Determination. All driveways and properties on the east side of north-south road and all driveways and properties on the north side of east-west road shall be assigned even numbers. All driveways and properties on the west side of north-south roads and all driveways and properties on the south side of east-west roads shall be assigned odd address numbers. Roads that loop or circle may be addressed in a manner that keeps the even numbers on one side and odd numbers on another side, avoiding potential ‘flip-flop’ in the even/odd designations. D. Address Prefix Determination. All address numbers assigned to north-south road shall be preceded by an “S”. All address numbers assigned to east-west road shall be preceded by a “W”. E. Official Address. The official uniform address number will be a combination of the grid number determination with the appropriate alpha prefix and the road name such as: S1234 Chicken Valley Road. 2. Applicability. A. Applicability. The Uniform Addressing System shall apply to: 1. All dwellings as defined in the Buffalo County Zoning Ordinance with the exception of Accessory Dwellings. 2. Primitive Hunting Cabins. 3. Recreational Vehicles placed or located for a period of more than 30 (thirty) days. 4. All Commercial and Industrial structures. 6 5. All Principal Structures, defined as the primary or predominant structure on a property that relates to the overall use of the property. 6. Upon the first issuance of a zoning permit allowing the construction of a structure on a property. 7. Vacant land only upon application by the property owner. 3. Address Assignment. A. Uniform Address Application. The owner(s) of property which require the assignment of an address number or a replacement sign shall complete a ‘Uniform Address Application’ and submit the form and the designated fee to the Zoning Department. The Uniform Address Application shall be submitted prior to the issuance of a zoning permit allowing the construction of a principal structure. B. Address Assignment. 1. Upon receipt of an application and fee, the Zoning Department shall determine and assign an address number. Upon address assignment the determination will be forwarded to the GIS Coordinator and the E911 Coordinator for review. 2. Address numbers shall be assigned on the basis of the location of the centerline of the driveway access point as it intersects the public roadway or named private drive. 3. Principal structures with multiple driveway access points shall be addressed based on the location of the midpoint of the two outer driveway access points. If one driveway access point is elongated and accesses at a significant distance from the principal structure, the principal structure shall be addressed based on the location of the access point closest to the principal structure. 4. If a new address conflicts with one or more existing address numbers, the existing address numbers shall be changed to resolve the conflict. The cost of replacement signs shall be the responsibility of the property owner requiring the new address. 5. If the location of the driveway access point changes the Zoning Department shall be notified. The existing address number may remain unless or until such time the change disrupts the orderly and uniform addressing system as detailed in this Ordinance. 6. Changing the location of the driveway to another roadway shall require the principal structure to be re-addressed. 7. Principal structures with the main front entrance facing one roadway and having a driveway accessing upon another roadway shall be addressed based on the location of the driveway access point. 7 8. Address numbers along the same road shall not be duplicated. 9. Parcels or properties with two single family dwellings that are separated by more than 250 feet shall require separate addresses for each dwelling. 10. Duplexes, Twin Homes, or side by side dwelling structures shall each be assigned an individual address number. 11. Apartment buildings and mobile home and RV parks shall be assigned one single address number. Individual units in such groupings shall be referred to by apartment number or unit number. Individual units must display the unit number in a consistent and conspicuous manner on reflective signs with the alpha or numeric designation in figures a minimum 2 inches in height. A map of the property showing the units or lots shall be submitted to the Zoning Department. 12. Upon assignment of a new address or an address change the Zoning Department shall notify in the form of a letter the: property owner, applicable Town Clerk, GIS Department, postmaster, Sheriff’s Department-E911 Coordinator, local power/utility company, and the County Treasurer. 13. Removal of an address number shall be done only under circumstances deemed appropriate as determined by the Zoning Department in conjunction with the GIS Coordinator and the E911 Coordinator. 14. In order to maintain the purpose and intent of this Ordinance the Zoning Department shall have the authority to require pre-existing address numbers changed if such address numbers do not conform to the uniform address system detailed in this Ordinance. 15. The GIS Coordinator shall be responsible for maintaining the Uniform Addressing Database. Responsibility includes adding improved parcel additions and making available road database information as requested. The E911 Coordinator shall be responsible for updates to the MSAG (Master Street Address Guide) and shall also be responsible for updating the Buffalo County Dispatch Center GIS data for the E911 mapping system. 4. Address and Signage Requirements for Shared Private Driveways. A. Private Driveways Accessing Three or More Principal Structures. 1. All shared access driveways that have three or more addressed principal structures, as of the date of adoption of this Ordinance, shall be defined as a private drive and shall be named and signed according to regulations set forth in this Ordinance. All principal structures accessing the private drive shall be re-addressed to coincide with the newly named private drive. 2. All affected property owners are equally responsible for all costs associated with replacing private road name signs and for all costs associated with re-addressing. 8 B. Private Driveways Accessing Two Addresses. 1. A shared access driveway with two existing addresses, as of the date of adoption of this Ordinance, that becomes the driveway access for a third address, shall be defined as a private drive and shall be named and signed according to regulations set forth in this Ordinance. All principal structures accessing the private drive shall be re-addressed to coincide with the newly named private drive. 2. From the date of the adoption of this Ordinance, any driveway over 200 feet in length that accesses a single address and becomes a shared access driveway serving two or more addresses shall be defined as a private drive and shall be named and signed according to the regulations set forth in this Ordinance. All principal structures accessing the private drive shall be re-addressed to coincide with the newly named private drive. 3. In all instances and situations listed in B. 1. and 2. above, the property owner that initiates or causes the private drive to be named and signed is responsible for all costs associated with placing private drive name signs and for all costs associated with re-addressing. 4. Private driveways over ½ mile in length which serve as access to two Dwellings shall be defined as a private drive and shall be named and signed according to regulations set forth in this Ordinance. Both dwellings shall be re-addressed to coincide with the named private drive. Affected property owners are equally responsible for all costs associated with placing private drive name signs and for all cost associated with re-addressing. C. Applicable to All Private Drives. 1. All road surface maintenance, upkeep, and liability associated with a named private drive shall remain with the respective property owners. 2. In situations where it is not required, property owners are allowed to name and sign their private driveway provided it is over 100 feet in length. All costs associated with signing and readdressing shall be at the property owner’s expense. 3. The replacement of private drive signs will be contracted for by the Zoning Department with appropriate fees established and charged to the liable property owner/s. 9 CHAPTER 3 ADDRESS SIGN STANDARDS 1. Address Sign Design Specifications and Procurement. A. Sign Specifications. Address signs shall be double-sided constructed using a 20 (twenty) inch wide by 8 (eight) inch high aluminum blank upon which is attached a highly reflective adhesive membrane. Address numbers and letters shall be 4 inches high and centered on the sign. The Town name shall be located above the address number and shall be 1 (one) inch in height. The road names shall be located below the address number and shall be 1 (one) inch in height. All above lettering shall be reflective white in color on a blue reflective background. Example: B. Procurement. All address signs will be procured by the Buffalo County Zoning Department. 2. Placement of Address Signs. A. Responsibility. All address signs will be installed by the Zoning Department or its designee. B. Placement. 1. Signs shall be mounted on a steel signpost driven so that the sign is no less than 42 (forty- two) inches and no more than 54 inches above the ground surface. 2. Signs shall be mounted so as to be perpendicular to the roadway and highly visible. 3. Address signs shall be installed on the right-hand side of the driveway, as the driveway is viewed from the public roadway, whenever possible. 4. Signs shall be located no more than 10 (ten) feet from the road right-of-way and no more than 10 (ten) feet from the driveway. 5. Mailboxes shall not be used to mount address signs. Town of Buffalo S1234 Chicken Barn Rd. 10 3. Address Sign Maintenance. It shall be the responsibility of the property owner to maintain all installed address signs that pertain to his/her property. Maintenance includes notification to the Zoning Department when in need of replacement, repairs, reinstallation, etc. Maintenance includes keeping signs free of obstructions to visibility such as obscuring vegetation and snow mounds. 4. Existing Addresses. Addresses that exist at the time of the adoption of this Ordinance but do not meet all provisions of this Ordinance may be allowed to remain if approved by the Zoning Department and the GIS Coordinator. If it is determined that there is a potential risk to life and safety an existing number shall be changed in order to comply with the purpose and provisions of this Ordinance. In all cases when an existing nonconforming address sign needs replacement a new address number shall be assigned and a new sign obtained in compliance with the provisions of this Ordinance. In all cases when a new or replacement sign must be ordered the property owner shall be responsible and liable for all costs incurred. CHAPTER 4 ROAD NAMING AND SIGN STANDARDS 1. Road Naming and Signing. A. Road Naming. 1. Each Road shall have 1 (one) and only 1 (one) name. A named road should be essentially continuous without gaps. 2. Road names shall only change when there is a substantial intersection, or at municipal boundaries, not including Town boundaries. Town roads having more than one name shall be renamed according to the requirements of this Ordinance. 3. There shall be no duplicate road names such as Pine Road and Pine Lane. 4. Roads with duplicate names existing at the time of adoption of this Ordinance will require the renaming of one road to eliminate the duplicate. 5. There shall be no similar sounding names such as Beach Road and Beech Road, Main Street and Maine Street, etc. 6. Roads with same or similar sounding names existing at the time of the adoption of this Ordinance shall be allowed to continue in use. 7. Roads shall not be named after a commercial enterprise or a living person. 11 8. When renaming roads, the road or road section with the most addressed properties along its length, where a road name change would affect a greater number of residents, shall retain its name. 9. When a new road name, a road name change, or a private drive name is sought, the applicable Town or individual shall submit a ‘Road Name Approval Application’ to the Zoning Department which shall have the authority, in concurrence with the GIS Coordinator and the E911 Coordinator, to accept or reject proposed road names. 10. Road name abbreviations and special characters such as hyphens, apostrophes, periods, and decimals are not permitted. 11. To achieve and maintain the stated purpose and intent of this Ordinance the Zoning Department shall have the authority to require pre-existing road names and road signs to be changed and or removed if such names are incorrect, duplicated and/or cause confusion as to location for emergency and first responders. 2. Road & Private Drive Sign Standards and Responsibility. A. Sign Standards. 1. Material. Signs shall consist of engineer grade highly reflective sheeting on aluminum or other durable metal. 2. Color. Town Road signs shall consist of white lettering on a dark green background. Private drive signs shall consist of white lettering on a dark yellow background. 3. Size. At minimum use 4 (four) inch letters for the name of the road on a 6 (six) inch flat blade sign blank. At minimum use 2 (two) inch letters for “Road”, “Drive”, “Trail” etc. and for “Pvt” on all private drive signs. 4. Visibility. Signs shall be free of bushes, tree limbs or other obstructions that may inhibit the visibility of the sign. Signs naming all designated private drives shall be installed at the intersection of the private drive with the public road. 5. Placement. Signs naming all intersecting public roads shall be installed at all intersections. B. Responsibility. 1. Towns. Each Town in Buffalo County shall insure that all Town roads are properly signed and all signs are placed and maintained at all intersections with other public roads. Towns shall be responsible for maintaining and replacing road name signs upon notification from the Zoning Department or the Buffalo County Sheriff’s Department. 12 2. Costs. The costs associated with road name signs shall be the responsibility of each individual Town. 3. Private Drives. Costs associated with private drive signs shall be the responsibility of the respective landowners and shared equally. In cases of an additional address being located on a private drive, costs of private drive name signs shall be the sole responsibility of that property owner locating the additional address. 3. Private Drive Naming. A. Naming. 1. All private drives shall end in “Trail” followed by “Pvt”, indicating a private drive. 2. Private Drives shall only be named after a species of mammal, tree, insect or bird. 3. Private drive names shall be submitted as a consensus of landowners along the private drive being named. Names shall be submitted on a Road Name Approval Application to the Zoning Department. CHAPTER 5 PROHIBITIONS, ENFORCEMENT, PROSECUTION and PENALTIES. 1. Prohibitions. A. The following are in violation of this Ordinance and are prohibited: 1. No person shall vandalize, destroy, damage, cover, obscure, or remove an official address, public road or private drive sign. 2. No person shall relocate an officially placed address sign, public road or private drive sign without the authorization of the Zoning Department. 3. No person shall fail to apply for a replacement address sign after the sign for that persons property has been vandalized, destroyed or removed. 4. No person shall place or install a non-official address sign or road name or private drive sign at or near the location of official signs. Exceptions will be approved in cases where the property owner erects a temporary address sign until such time as the official sign is ordered and installed. 5. It is unlawful for any person or corporation to intentionally refuse to have an address sign or private drive sign installed or replaced. 13 2. Enforcement It shall be the duty of Buffalo County Zoning Department to enforce the provisions of this Ordinance and investigate complaints and violations of said Ordinance. 3. Prosecution Prosecution for violations of this Ordinance shall proceed as defined in the Buffalo County Zoning Ordinance, Chapter 5, Section 3. 4. Penalties Any person who shall violate any provisions of this Ordinance shall be subject to penalty(s) as provided in the Buffalo County Zoning Ordinance, Chapter 5, Section 4. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 1 BUFFALO COUNTY ZONING ORDINANCE Adopted by the Board of Supervisors of Buffalo County Ordinance no. 18-07-01 July 23, 2018 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 2 ACKNOWLEDGEMENT Over the past few years numerous individuals have been involved in the development of the comprehensive revision of the Buffalo County Zoning Ordinance and the Zoning District Map. Numerous meetings were held throughout the County over this period to make the revised ordinance and map a reality. It was the cooperative spirit of all involved that made this effort possible, effective and successful. We thank all who have participated in this most important and needed effort. BUFFALO COUNTY BOARD OF SUPERVISORS Douglas Kane - Chair Mary Anne McMillan Urell – Vice-Chair Don Black Lou Anne Roby Don Hillert Scott Smith Nathan Nelson Larry Grisen David Danzinger Nettie Rosenow Dennis Bork John Kriesel Michael Taylor Bernard Brunkow BUFFALO COUNTY ZONING COMMITTEE Lou Anne Roby – Chair John Kriesel – Vice Chair Bernard Brunkow Michael Taylor BUFFALO COUNTY TOWN CHAIRS Alma – Thomas Huber Belvidere – David Danzinger Buffalo – Steve James Canton – Sam Danzinger Cross – Leonard Litscher Dover – Dean Hestekin Gilmanton – Marvin Meier Glencoe – Cletus Foegen Lincoln – Ray Secrist Maxville – Herb Pelke Milton – Bob Platteter Modena – Dale Klopp Mondovi – Clarence Castleberg Montana – Jimmy Ellis Naples – Dennis Olson Nelson – Robert Carothers Waumandee – Rick Reuter All other Town Board officials and Town Clerks for their assistance. MISSISSIPPI RIVER REGIONAL PLANNING COMMISSION Peter Fletcher - Planner Dave Bonifas - Planner BUFFALO COUNTY ZONING DEPARTMENT STAFF Michael J. Owecke – Zoning Administrator Julie Lindstrom – Administrative Assistant Keith Bollinger – Zoning Specialist COORDINATING STAFF Carrie Olson – County Conservationist Jason Poser - GIS Systems Coordinator BUFFALO COUNTY OFFICE OF CORPORATION COUNSEL Tom Clark – Corporation Counsel Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 3 BUFFALO COUNTY ZONING DEPARTMENT .________________________. ADMINISTRATION Michael J. Owecke Zoning Administrator Keith Bollinger Zoning Specialist Julie Lindstrom Administrative Assistant ._________________. Inquiries about this ordinance may be directed to: Buffalo County Zoning Department 407 S. 2nd St. P.O. Box 492 Alma, WI 54610 Phone: (608) 685-6218 Website: //www.buffalocounty.com Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 4 BUFFALO COUNTY ZONING ORDINANCE TABLE OF CONTENTS CHAPTERS CHAPTER 1: TITLE; AUTHORITY; GENERAL PROVISIONS .................................................................... 12 CHAPTER 2: ZONING ADMINISTRATOR .................................................................................................... 16 CHAPTER 3: ZONING COMMITTEE ............................................................................................................. 19 CHAPTER 4: ZONING PERMITS .................................................................................................................... 23 CHAPTER 5: ENFORCEMENT AND PENALTIES ........................................................................................ 29 CHAPTER 6. BOARD OF ADJUSTMENT: PROVISIONS, APPEALS, VARIANCES, CONDITIONAL USE PERMITS ............................................................................................................................................. 33 CHPATER 7: ZONING DISTRICTS ................................................................................................................ 49 CHAPTER 8: ZONING DISTRICT REQUIREMENTS AND ZONING MAPS …………………………….85 CHAPTER 9: SPECIFIC USES ......................................................................................................................... 90 CHAPTER 10: NONCONFORMING USES, STRUCTURES, AND LOTS .................................................. 124 CHAPTER 11: HIGHWAY SETBACKS AND VISION CLEARANCE ....................................................... 128 CHAPTER 12: PARKING, LOADING, AND DRIVEWAYS ........................................................................ 133 CHAPTER 13: SCENIC EASEMENTS & THE GREAT RIVER ROAD ...................................................... 139 CHAPTER 14: BLUFFLANDS AND STEEP SLOPES .................................................................................. 141 CHAPTER 15: MISSISSIPPI RIVER TOURISM AND RECREATION OVERLAY DISTRICT ................ 146 CHAPTER 16: MOBILE TOWER SITING ..................................................................................................... 149 CHAPTER 17: ABANDONED BUILDINGS ................................................................................................. 160 CHAPTER 18: OUTDOOR FURNACES, OPEN BURNING AND REFUSE BURNING…………………162 CHAPTER 19: SIGNS ...................................................................................................................................... 166 CHAPTER 20: NONMETALLIC MINING ..................................................................................................... 182 CHAPTER 21: DEFINITIONS ........................................................................................................................ 203 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 5 TABLE OF CONTENTS Page No. Chapter 1: Title; Authority; General Provisions ....................................................................................... 12 Section: 1. Title ...................................................................................................................................................... 12 2. Authority ............................................................................................................................................. 12 3. Contents ............................................................................................................................................... 12 4. Jurisdiction ............................................................................................................................................ 12 5. Purpose & Intent .................................................................................................................................. 13 6. Interpretation ......................................................................................................................................... 13 7. Relationship to Buffalo County Comprehensive Land Use Plan ........................................................ 13 8. Severability .......................................................................................................................................... 14 9. Abrogation and Greater Restrictions ................................................................................................... 14 10. Force & Effect ..................................................................................................................................... 14 11. Compliance .......................................................................................................................................... 15 12. Vesting of Rights ................................................................................................................................. 15 13. Disclaimer ............................................................................................................................................ 15 Chapter 2: Zoning Administrator .................................................................................................................. 16 Section: 1. Establishment ....................................................................................................................................... 16 2. Reasonable Accommodations for Handicapped Persons .................................................................... 16 3. Coincident with the Issuing of a Permit .............................................................................................. 16 4. Stop Work Order .................................................................................................................................. 17 5. Zoning Administrator Duties and Powers ............................................................................................ 17 Chapter 3: Zoning Committee ........................................................................................................................ 19 Section: 1. Establishment ....................................................................................................................................... 19 2. Duties and Responsibilities .................................................................................................................. 19 3. Conflicts of Interest ............................................................................................................................. 19 4. Petition to Change District Boundaries - Rezone ................................................................................. 20 5. Petitions to Make Amendments to the Zoning Ordinance Text .......................................................... 21 Chapter 4: Zoning Permits .............................................................................................................................. 23 Section: 1. Purpose ................................................................................................................................................. 23 2. Authority .............................................................................................................................................. 23 3. Applicability ........................................................................................................................................ 23 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 6 4. Disclaimer ............................................................................................................................................. 24 5. Applications for a Zoning Permit ........................................................................................................ 24 6. Reasonable Accommodations for Handicapped Person ...................................................................... 26 7. Permit Fees .......................................................................................................................................... 27 8. Zoning Permit Application Criteria ..................................................................................................... 27 9. Where Zoning Permits are not Required ............................................................................................. 27 10. Validity and Time Review .................................................................................................................... 27 Chapter 5: Enforcement and Penalties .......................................................................................................... 29 Section: 1. Authority .............................................................................................................................................. 29 2. Violations ............................................................................................................................................. 29 3. Prosecution ........................................................................................................................................... 30 4. Penalties ................................................................................................................................................ 31 5. After-the-Fact Fee for Work Commenced Prior to Obtaining a Zoning Permit ................................. 31 6. After-the-Fact Conditional Use & Variance Application Fees ............................................................ 31 Chapter 6: Board of Adjustment Provisions, Appeals, Variances, Conditional Use Permits ................. 33 Section: 1. Establishment ....................................................................................................................................... 33 2. Membership ......................................................................................................................................... 33 3. Operation & Rules ............................................................................................................................... 33 4. Powers ................................................................................................................................................... 35 5. Conflicts of Interest ............................................................................................................................. 36 6. Procedure for Hearings ......................................................................................................................... 37 7. Variances ............................................................................................................................................. 42 8. Appeals ................................................................................................................................................ 43 9. Conditional Use Permits ...................................................................................................................... 44 Chapter 7: Zoning Districts ............................................................................................................................ 49 Section: 1. Zoning Districts .................................................................................................................................... 49 Subsection: A. Agriculture/Natural Resource – 40 (ANR-40) ............................................................................. 49 B. Agriculture/Natural Resource – 20 (ANR-20) ............................................................................. 55 C. Agriculture/Natural Resource – 10 (ANR-10) ............................................................................. 60 D. Agriculture/Natural Resource – 5 (ANR-5) ................................................................................. 65 E. Agriculture/Natural Resource Transition – 5 (ANRT-5) ............................................................. 70 F. Residential (R) .............................................................................................................................. 74 G. Conservation (CONS) ................................................................................................................... 76 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 7 H. Commercial (C) ............................................................................................................................ 77 I. Industrial (I) .................................................................................................................................. 80 Chapter 8: Zoning District Requirements and Zoning District Maps ....................................................... 84 Section: 1. Zoning District Requirement Table ..................................................................................................... 84 2. Density ................................................................................................................................................. 85 3. Setbacks ............................................................................................................................................... 85 4. Lot Requirements ................................................................................................................................. 85 5. Lots of Record ..................................................................................................................................... 86 6. Determination of Uses Not Listed ....................................................................................................... 86 7. Maximum Residential Density Calculations in the Agriculture/Natural Resource–20, Agriculture/Natural Resource – 10, Agriculture/Natural Resource – 5, Agriculture/Natural Resource Transition– 5 Districts ...................................................................................................... 86 8. Zoning Maps ......................................................................................................................................... 87 9. Structure Height .................................................................................................................................... 88 Chapter 9: Specific Uses .................................................................................................................................. 89 Section: 1. Purpose ................................................................................................................................................. 89 2. Applicability ........................................................................................................................................ 89 3. Accessory Dwellings ........................................................................................................................... 89 4. Bed & Breakfast Establishments .......................................................................................................... 90 5. Campgrounds ....................................................................................................................................... 92 6. Campground, Special Event ................................................................................................................. 94 7. Captive Wildlife Operations ................................................................................................................ 94 8. Commercial Outdoor Entertainment/Recreation ................................................................................. 95 9. Concrete or Asphalt Plant - Permanent ............................................................................................... 97 10. Concrete or Asphalt Plant - Temporary ............................................................................................... 97 11. Domestic Fowl in the Residential District ........................................................................................... 97 12. Farm Animals on Small Parcels .......................................................................................................... 99 13. Fur Farms ............................................................................................................................................. 98 14. Home Business ..................................................................................................................................... 99 15. Home Occupations ............................................................................................................................ 100 16. Home or Farm Based Businesses ....................................................................................................... 101 17. Inoperable Motor Vehicles ................................................................................................................ 102 18. Kennels .............................................................................................................................................. 103 19. Livestock Structure Siting ................................................................................................................. 104 20. Manufactured Homes ......................................................................................................................... 105 21. Manufactured / Mobile Home Communities .................................................................................... 106 22. Mini Warehouse Storage Facility ....................................................................................................... 109 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 8 23. Mobile Homes ................................................................................................................................... 110 24. Poultry Barns ...................................................................................................................................... 111 25. Primitive Hunting Cabins .................................................................................................................. 113 26. Private Interment/Burials ................................................................................................................... 114 27. Recreational Dwellings ...................................................................................................................... 114 28. Recreational Vehicles ........................................................................................................................ 115 29. Riding Stables, Commercial .............................................................................................................. 116 30. Salvage Operations ............................................................................................................................ 116 31. Sawmills, Temporary & Permanent .................................................................................................. 118 32. Sawmills, Temporary .......................................................................................................................... 118 33. Semi-Trailers & Shipping Containers ............................................................................................... 118 34. Small Fire Arms Firing Ranges .......................................................................................................... 119 35. Tourist Rooming Houses .................................................................................................................... 121 Chapter 10: Nonconforming Uses, Structures, and Lots ........................................................................... 123 Section: 1. Purpose & Intent ................................................................................................................................. 123 2. Nonconforming Uses ......................................................................................................................... 123 3. Nonconforming Structures ................................................................................................................ 124 4. Nonconforming Lots ........................................................................................................................... 126 5. Existing Conditional Uses .................................................................................................................. 126 Chapter 11: Highway Setbacks and Vision Clearance ............................................................................... 127 Section: 1. Purpose ................................................................................................................................................ 127 2. Jurisdiction ......................................................................................................................................... 127 3. Highway Classification & Setbacks .................................................................................................. 127 4. Vision Triangle ................................................................................................................................... 130 5. Scenic Roadsides ................................................................................................................................ 131 Chapter 12: Parking, Loading, and Driveways .......................................................................................... 132 Section: 1. Purpose ............................................................................................................................................... 132 2. Parking Requirements ......................................................................................................................... 132 3. Design Requirements ......................................................................................................................... 133 4. Handicapped Parking .......................................................................................................................... 134 5. Loading Requirements ....................................................................................................................... 134 6. Driveways ........................................................................................................................................... 135 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 9 Chapter 13: Scenic Easements & Great River Road .................................................................................. 138 Section: 1. Authority ............................................................................................................................................ 138 2. Intent ................................................................................................................................................... 138 3. Easement Terms, Typical .................................................................................................................. 138 4. Buffalo County Permitting ................................................................................................................ 139 Chapter 14: Blufflands and Steep Slopes .................................................................................................... 140 Section: 1. Purpose & Intent ................................................................................................................................. 140 2. Steep Slopes ........................................................................................................................................ 140 3. Bluff Development ............................................................................................................................ 141 4. Mississippi River Headland Bluffs – (MRHB) .................................................................................. 143 Chapter 15: Mississippi River Tourism and Recreation Overlay District ............................................... 145 Section: 1. Purpose ............................................................................................................................................... 145 2. Jurisdiction .......................................................................................................................................... 145 3. Use Regulations ................................................................................................................................. 146 4. Existing Permitted Uses & Conditional Uses ..................................................................................... 146 Chapter 16: Mobile Tower Siting ................................................................................................................. 148 Section: 1. Purpose ............................................................................................................................................... 148 2. Definitions .......................................................................................................................................... 148 3. Exceptions .......................................................................................................................................... 150 4. Siting & Construction ......................................................................................................................... 150 5. Class 2 Collocation ............................................................................................................................ 153 6. Abandonment, Removal & Security for Removal ............................................................................. 154 7. Mobile Service Support Structures, Antenna and Facilities Requirement ........................................ 155 8. Location and Separation Requirements ............................................................................................. 156 9. Severability ........................................................................................................................................ 157 10. Transferability of Mobile Tower Siting Zoning Permits .................................................................. 157 11. Limitations ......................................................................................................................................... 157 Chapter 17: Abandoned Buildings ............................................................................................................... 159 Section: 1. Purpose and Intent ............................................................................................................................ 159 2. Applicability ..................................................................................................................................... 159 3. Administration ................................................................................................................................. 159 4. Definition ......................................................................................................................................... 159 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 10 5. Reasonableness of Repair ................................................................................................................ 160 6. Permit Required ............................................................................................................................... 160 7. Service of Order ............................................................................................................................... 160 8. Failure to Comply with Order .......................................................................................................... 160 9. Foundation and Building Site .......................................................................................................... 160 10. Site Safety and Security ................................................................................................................... 161 11. Sale of Salvage .................................................................................................................................. 161 12. Required Work and Approvals ........................................................................................................ 161 13. Exception .......................................................................................................................................... 161 Chapter 18: Outdoor Furnaces, Open Burning and Refuse Burning ..................................................... 162 Section: 1. Purpose ............................................................................................................................................. 162 2. Applicability ..................................................................................................................................... 162 3. Materials that May Not Be Burned .................................................................................................. 162 4. Open Burning of Leaves, Brush, Clean Wood and Other Vegetative Debris ................................. 163 5. Burn Barrels ..................................................................................................................................... 163 6. Outdoor Wood-Fired Furnaces ........................................................................................................ 164 7. Liability ............................................................................................................................................ 164 Chapter 19: Signs ........................................................................................................................................... 165 Section: 1. Purpose ............................................................................................................................................. 165 2. Administration ................................................................................................................................. 166 3. Illumination of Signs ....................................................................................................................... 168 4. Computation and Rules of Measurement ......................................................................................... 169 5. Location Standards for All Signs ..................................................................................................... 169 6. General Standards ............................................................................................................................ 170 7. Design Standards .............................................................................................................................. 170 8. Substitution ...................................................................................................................................... 171 9. Maintenance of Signs ....................................................................................................................... 171 10. Abandoned Signs ............................................................................................................................. 172 11. Nuisance ........................................................................................................................................... 173 12. Removal of Signs ............................................................................................................................. 173 13. Enforcement and Penalties ............................................................................................................... 173 14. Prohibited Signs ............................................................................................................................... 174 15. Signs Allowed Without a Permit ..................................................................................................... 174 16. Temporary Signs .............................................................................................................................. 174 17. Exempt Signs ................................................................................................................................... 175 18. Parking Lot Identification Signs ...................................................................................................... 176 19. Public Signs ...................................................................................................................................... 176 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 11 20. Seasonal Signs .................................................................................................................................. 176 21. Signs Allowed With a Permit .......................................................................................................... 176 22. On-Premise Building Mounted Signs .............................................................................................. 176 23. On-Premise Free Standing Signs ..................................................................................................... 177 24. Off-premise Free Standing Signs ..................................................................................................... 178 25. Changeable Copy and Electronic Message Center Signs ................................................................ 178 26. Billboards ......................................................................................................................................... 178 27. Nonconforming Signs ...................................................................................................................... 179 Chapter 20: Non-metallic Mining ................................................................................................................. 181 Section 1. Purpose ............................................................................................................................................... 181 2. Applicability – Zoning Districts ......................................................................................................... 181 3. General Standards .............................................................................................................................. 181 4. Applications for Nonmetallic Mines .................................................................................................. 182 5. Application Review ........................................................................................................................... 183 6. Complete Application ......................................................................................................................... 184 7. Application Modification ................................................................................................................... 185 8. Mining Operation Plan ....................................................................................................................... 185 9. Mine Site Maps .................................................................................................................................. 186 10. Surface Water & Groundwater – Water Quality and Water Usage .................................................. 188 11. Top Soil Management / Land Alteration ............................................................................................ 190 12. Hazardous Materials & Hazardous Wastes ....................................................................................... 191 13. Air Quality .......................................................................................................................................... 192 14. Blasting .............................................................................................................................................. 192 15. Lighting ............................................................................................................................................... 193 16. Screening ........................................................................................................................................... 193 17. Mine Site Buffers ............................................................................................................................... 193 18. Hours of Operation ............................................................................................................................ 194 19. Noise Control & Hours of Operation ................................................................................................ 195 20. Terms of Conditional Use Permit ....................................................................................................... 196 21. Board of Adjustment Adjudication ................................................................................................... 197 22. List of Standard Conditions ................................................................................................................ 198 23. Inspections ......................................................................................................................................... 199 24. Permit Transfers & Modifications ..................................................................................................... 200 25. Permit Termination ............................................................................................................................. 200 26. Violations ........................................................................................................................................... 201 27. Permit Cancellation ............................................................................................................................ 201 Chapter 21: Definitions .................................................................................................................................. 202 Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 12 CHAPTER 1 TITLE; AUTHORITY; GENERAL PROVISIONS The County Board of Supervisors of Buffalo County, Wisconsin does ordain as follows: 1. Title. This Ordinance shall be knows as, referred to, or cited as the Buffalo County Zoning Ordinance hereinafter referred to as “this ordinance” 2. Authority. The provisions of this Ordinance are adopted pursuant to the authority granted by Wisconsin Statutes ss. 59.51, 59.696, 59.697, 56.698, 59.69, and 59.692; in addition it employs those powers and provisions provided for in ss.59.694, 91.71 through 91.79, and 281.31. This Ordinance shall constitute a comprehensive revision, as described in s. 59.69 (5)(d) Wis. Stats., of the 1965 Buffalo County Zoning Ordinance and its subsequent amendments. 3. Contents. This ordinance consists of both written text and zoning maps, which shall, at all times, be considered as parts of a whole. In addition, other maps and materials referenced in the text are used to support this Ordinance. 4. Jurisdiction. The jurisdiction of this Ordinance shall apply to all land and water located outside the limits of incorporated cities and villages, subject to Town approval, as provided in Wis. Stat. s. 59.69. Upon enactment by the Buffalo County Board of Supervisors, this Ordinance shall go into full force and effect as follows: A. Enactment. This ordinance shall go into effect upon approval by the applicable Town Board and upon filing with the Buffalo County Clerk, by the applicable Town Clerk, a certified copy of an approving resolution attached to one copy of this Ordinance, as provided in s. 59.69 (5) (c), Wis. Stats. B. Endorsement. The Buffalo County Zoning Ordinance of 1965, as amended, shall remain in effect in all Towns in the County which did previously ratify the same for a period of one year following the adoption of this Ordinance by the Buffalo County Board of Supervisors, except for those Towns whose Town Boards, who shall, prior to the end of said one (1) year period of time, ratify the application of this comprehensive revision, in which event the 1965 ordinance shall become ineffective and this Ordinance shall replace it. If a Town Board of a Town which is a party to the 1965 Ordinance fails to adopt this comprehensive revision on or before the passage of one (1) year from the time of adoption of this Ordinance by the County Board of Supervisors, neither this Ordinance nor the 1965 Ordinance shall remain in effect in that Town. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 13 5. Purpose and Intent. The purpose and intent of this Ordinance is to promote and protect the public health, safety and general welfare. Specific purposes of this Ordinance shall include but not be limited to: A. Aid in the implementation of the Buffalo County Comprehensive Land Use Plan and other land use plans as might be adopted and amended from time to time both prior to and after the adoption of this Ordinance. B. Guide the distribution and location of various land uses by the establishment of zoning districts which applies where the County has zoning jurisdiction. C. Encourage planned and orderly land use and development. D. Conserve the natural resources of the County, including agricultural lands, forests, wetland, and surface and groundwater resources. E. Protect and conserve property values, economic stability and the property tax base. F. Facilitate adequate provisions for highway, utility, education, health, emergency response and recreation facilities. G. Encourage land uses which are in accordance with their character and suitability. H. Encourage land use and location of structures which is compatible with existing and planned land uses, and prohibit and control land uses deemed incompatible with nearby land uses. I. Protect and conserve the scenic beauty and amenities of the natural and geographic features of the County. J. Protect and conserve the soil resources of the County by managing erosion and stormwater runoff from development sites. K. Provide for the administration and enforcement of this Ordinance and prescribe penalties for the violation of this Ordinance or any amendments to this Ordinance. 6. Interpretation The provisions of this Ordinance shall be construed to be minimum requirements and shall be liberally construed in favor of the County; and shall not be deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Further interpretation and application of the provisions of this Ordinance shall take into account the purposes of this Ordinance. 7. Relationship to Buffalo County Comprehensive Land Use Plan. The County Board has formally adopted a Comprehensive Land Use Plan, pursuant to Wisconsin Statutes Section 66.1001(4)(c). The County Comprehensive Plan is intended to guide the physical development of the County over a 20 year planning period and serve as the partial basis for this Ordinance. The County Board may, from time to time, amend the Comprehensive Plan following the procedure included in Wisconsin Statutes Section 66.1001. This Ordinance implements aspects of the Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 14 Comprehensive Plan that are best addressed through zoning approaches, as enabled and in certain cases required by Wisconsin Statutes. In accordance with Wisconsin Statutes Sections 91.38(1)(f) and 66.1001(3), this Ordinance is consistent with the Comprehensive Plan. In accordance with Wisconsin Statutes Section 66.1001(1)(am), consistent with means “furthers or does not contradict the objectives, goals, and policies contained in the Comprehensive Plan.” All subsequent amendments to the text of this Ordinance and the Official Zoning Map contained herein shall also be consistent with the Comprehensive Plan goals, objectives, and policies, in accordance with Wisconsin Statutes. 8. Severability. Should any section, paragraph, clause, provision or portion of this Ordinance be adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected, thereby. If any application of this Ordinance to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment. The County does not guarantee, warrant, or represent that only those areas designated as floodplains will be subject to periodic inundation and hereby asserts that there is no liability on the part of the County, its agencies or employees for any flood damages that may occur as a result of reliance upon and conformance with this Ordinance. This Ordinance shall not create liability on the part of, or cause action against, Buffalo County or any office, or employee thereof for any damages that may result from reliance on this Ordinance. 9. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, other existing county ordinances, rules, regulations, or permits previously issued under existing ordinances and regulations. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. A. Enforcement. Buffalo County shall not enforce any easement, covenant, deed restriction, or agreement to which it is not a party. B. Intent. It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any permit previously issued pursuant to Buffalo County ordinances. 10. Force and Effect. This Ordinance shall affect the unincorporated areas of Buffalo County, or applicable portions thereof. A. Enactment. This Ordinance shall go into effect upon approval by the applicable Town Board and upon filing with the Buffalo County Clerk by the applicable town clerk a certified copy of an approving resolution attached to one copy of this Ordinance, as provided in s. 59.69 (5) (c) Wis. Stats. B. Endorsement. The Buffalo County Zoning Ordinance of 1965, as amended, shall remain in effect in all towns in the County which did previously ratify the same for a period of one (1) year following the adoption of this Ordinance by the County Board of Supervisors except for those Towns whose Town Boards shall, prior to the end of said one (1) year period of time, ratify the application of this comprehensive revision, in which event the 1965 Ordinance shall Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 15 become ineffective and this Ordinance shall replace it. If a Town Board of a Town which is a party to the 1965 Ordinance fails to adopt this comprehensive revision on or before the passage of one (1) year from the time of adoption of this Ordinance by the County Board of Supervisors, neither this Ordinance nor the 1965 Ordinance shall thereafter remain in effect in that Town. 11. Compliance. A. Provisions of Ordinance. No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, move, reconstructed, extended, converted or structurally altered without full compliance with the provisions of this Ordinance and all other applicable local, county and state regulations. B. Jurisdiction. Unless specifically exempt by law, all cities, villages, towns, and counties are required to comply with this Ordinance and obtain all necessary permits in areas under the jurisdiction of this Ordinance. C. Use of Property. The owners or occupants of all land uses and structures regulated under this ordinance shall be required to maintain compliance in their use of property with all applicable state and local laws, rules and regulations and compliance with this Ordnance shall not be interpreted by them as affording them with the right or ability to avoid compliance with other applicable laws, rules or regulation. 12. Vesting of Rights. No rights to any particular use vest in any property owner simply because the use is permitted by this Ordinance. Such use may be prohibited or restricted by future amendments to this Ordinance. However, the approval and issuance of a permit shall vest in the property owner the right to use the property in the manner specifically approved by the permit, unless and until the permit expires. Rights afforded to nonconforming uses and structures under this Ordinance will not be interfered with as a result of application of this Ordinance. 13. Disclaimer of Liability. This ordinance shall not create liability on the part of, or cause of action against, Buffalo County or any office, or employee thereof for any damages that may result from reliance on this Ordinance. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 16 CHAPTER 2 ZONING ADMINISTRATOR 1. Establishment. There is hereby created the office of Zoning Administrator for Buffalo County who shall have the following duties and powers. A. Provisions of the Ordinance. The provisions of this Ordinance shall be administered by or under the zoning administrator. The county Human Resource Committee shall be the appointing authority for the position of Zoning Administrator. B. Duties of the Zoning Administrator. It shall be the duty of the Zoning Administrator to receive applications for zoning permits and such other permits, contracts and licenses provided in this ordinance, and to issue such permits after applications have been examined and approved; to inspect proposed development sites and property for compliance with the regulations of this Ordinance; to make periodic inspections; to take such actions as may be necessary for the enforcement of the regulations provided herein; to attend all meetings of the Zoning Committee and Board of Adjustment. 2. Reasonable Accommodations for Handicapped Persons. The Zoning Administrator may issue a zoning permit that waives specified requirements of this ordinance. Following are determinations of requested accommodations for handicapped persons: A. Equal Housing Opportunities or Equal Access to Public Accommodations. It is necessary to afford handicapped or disabled persons equal housing opportunities or equal access to public accommodations. B. Adequate Relief. Minimum accommodation that will give the handicapped or disabled persons adequate relief. C. Intent of Ordinance. Will not unreasonably undermine the basic purpose of this Ordinance. D. Waiver of Specific Zoning Provisions. If the zoning administrator issues a zoning permit that waives specified zoning provisions, the permit will include a condition that the structure authorized by the permit (such as an entrance ramp) shall be removed not more than (thirty) 30 days after the handicapped or disabled person vacates the property or the structure ceases to be a public accommodation. E. Denial of a permit. If the zoning administrator denies a permit requesting an accommodation under this subsection, the denial may be appealed to the Buffalo County Zoning Board of Adjustment. 3. Coincident with the Issuing of a Permit. The Zoning Administrator shall prepare a certificate to show that a permit has been issued. This certificate shall bear the same number as the permit and identify the construction and premises covered by this permit. This certificate shall be posted in a conspicuous place on the premises during Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 17 the construction, and no construction shall be begun until this certificate has been posted. For purposes of this ordinance, start of construction shall be when any earth disturbing activity takes place that will lead to the installation of footings, piers, posts, pilings or foundations. Earth disturbing activity for the purpose of soil evaluation or testing shall not be considered the start of construction. 4. Stop Work Order. Whenever the Zoning Administrator finds that any construction, development, land alteration, or other land use does not comply with the provisions of this Ordinance, the zoning administrator shall post, in a conspicuous place on the premises, a stop work order which shall cause all activity to cease until the construction, development, land use is in compliance with all zoning ordinances of the County. A. Certifying Stop Work Order. A card certifying that a Stop Work Order has been issued shall provide the following information: 1. Date of issuance 2. Town and section number 3. Reason for posting 4. Signature of the inspector posting the card B. Removal. It shall be a violation of this Ordinance for the unauthorized removal of the card from the premises. 5. Zoning Administrator Duties and Powers. The Zoning Administrator or designee shall possess the following duties and powers: A. Interpret and Administer. To interpret and administer this ordinance as well as all other ordinances with administrative oversight by the zoning department as indicated within those ordinances. B. Assure Compliance. Assure the full and complete compliance with the Zoning Ordinance and related Wisconsin Statutes and Administrative Code. C. Administer, Supervise and Enforce. Administer, supervise or enforce this Ordinance as the authorized representative of Buffalo County. D. Application Forms. Provide to the public the necessary zoning permit application forms and variance, conditional use, special exception, rezone and appeals forms. E. On-Site Inspections & Investigations. Conduct all necessary on-site inspections and investigations of structures, land and waters to certify compliance with this Ordinance. F. Issue or Deny Permits. Issue or deny zoning application permits. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 18 G. Suspend or Revoke Permits. Suspend or revoke permits and/or issue stop work orders upon determination of non-compliance with the terms of the permit and/or this Ordinance. H. Investigate Complaints and Violations. Investigate complaints and alleged zoning violations and give notice of all violations of this Ordinance to the owner, resident, agent or occupant of the premises. I. Notice of Non-Compliance. Issue Notice of Non-compliance for uncorrected violations of this Ordinance and/or assist the Corporation Counsel in initiating citations and other applicable enforcement proceedings. J. Entry to Premises. Gain entry to premises, buildings and structures during reasonable hours for the purpose of investigating applications for permits and for the general purpose of determining compliance with this Ordinance or with any issued permit. If entry is refused after presentation of proper identification, a special inspection warrant may be procured in accordance with § 66.0119, Wis. Stats. K. Record Retention. Keep and maintain permanent and current records of all permits issued, site plans, inspections made; work approved and other official actions. L. Advice to Applications. Advise applicants of zoning permits regarding the provisions of this Ordinance and assist applicants, to the extent practical, in preparing required permit applications. M. Legal Notice. Assist in giving all legal notices required by state statutes or this Ordinance. N. Technical and Advisory Assistance. Provide technical and advisory assistance during hearings conducted by the Buffalo County Zoning Board of Adjustment or the Zoning Committee, including the scheduling of public hearings and other meeting and the recording of the actions, recommendations, and minutes of such bodies. O. Referrals and Recommendations. Make referrals and recommendations to the Zoning Committee and Board of Adjustment in accordance with this Ordinance. P. Interpretations. Make interpretations regarding the permissibility of land uses in certain zoning districts where such land uses are explicitly listed as permitted-by-right or as conditional uses. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 19 CHAPTER 3 ZONING COMMITTEE 1. Establishment. The Zoning Committee has been established pursuant to Section 59.69 (2) of the Wisconsin Statutes and assumes thereby, all responsibilities, duties and powers as provided therein. 2. Duties and Responsibilities. In addition to the duties and responsibilities specified under this Ordinance, the Zoning Committee, a policy-making body, shall have additional and specific duties and responsibilities. A. Public Hearings. Conduct public hearings. 1. Associated with petitions to amend the text of this Ordinance or to the official zoning map. 2. Review and advise the County Board on appropriate amendments to the text of this Ordinance or to the official zoning map, and initiate such amendments as it may deem desirable, all in a manner that is consistent with the Buffalo County Comprehensive Land Use Plan and that follows procedures established under Wisconsin Statutes Section 59.69. 3. Review and decide on applications for rezones in a manner that is consistent with the Comprehensive Land Use Plan and make recommendations to the County Board of Supervisors for or against text, map amendments and rezone applications. B. Comprehensive Plan. Direct the preparation and updating of the County Comprehensive Land Use Plan under Wisconsin Statutes 66.1001. C. Development Plans. Review, approve or deny development plans for planned residential developments. D. Fees. Recommend fees for various permits, contracts, and approvals required and allowed under this ordinance. E. Rules and Procedures. Adopt rules and procedures as may be advisable in carrying out its duties. F. Other Duties and Responsibilities. Exercise such other duties and responsibilities as may be directed by the County Board of Supervisors. 3. Conflicts of Interest. Members of the Zoning Committee shall avoid conflicts of interest. As used here, a conflict of interest shall include, but not necessarily limited to those listed below. A. Review, Deliberating Upon or Voting on an Application. 1. Concerning oneself or work on land owned by oneself. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 20 2. Concerning a property located adjacent to or within one thousand (1,000) feet of one’s property. 3. Involving a corporation, company, partnership, or any other entity in which the person is a part owner, or has any other relationship where the person may stand to have a financial gain or loss. 4. If such action results in a pecuniary benefit to oneself. 5. Concerning one’s spouse, child, stepchild, grandchild, brother, sister, parent, grandparent, or member of one’s household. 6. Where an employee or employer of the member is: a. An applicant or agent for an applicant b. Has a direct interest in the outcome B. Procedure. When a conflict of interest exists, the member shall do all of the following: 1. Declare that a conflict of interest exists at the next meeting of the Zoning Committee. 2. Cease to participate at the Zoning Committee meetings pertaining to the matter, until the matter giving rise to the conflict has been decided; and refrain from representing oneself before the Zoning Committee or Department staff. 4. Petitions to Change District Boundaries – Rezone. The rezoning of a parcel of land, i.e. changing the zoning district boundaries on the county zoning map to include the parcel in a different zoning district than that in which it is currently located, constitutes an amendment of this ordinance, and accordingly, the procedure for amending county zoning ordinances set forth in Section 59.69(5)(e) of the Wisconsin Statutes must be followed in making and considering any rezoning request. A. Decision Making Criteria. The review and recommendation of the Zoning Committee and the decision making of the County Board shall be based on the following: 1. Buffalo County Zoning Ordinance. 2. Consistence with the Town Comprehensive Plan. 3. Consideration of the Town Board recommendation as submitted in the form of the Towns Acknowledgement Form. 4. Consistence with the Buffalo County Comprehensive Land Use Plan. 5. Proposed zoning is compatible with surrounding zoning districts and land uses. 6. Relevant public input. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 21 7. The community, general welfare and economic impacts of the proposal. 8. Consideration of the Zoning Department staff report. B. Statement of Reasoning. The Zoning Committee shall state its reasons and rationale for its recommendation of approval or denial of the petition in writing as required by Wis. Stat. § 59.69(5)(e)(4). 5. Petitions to Make Amendments to the Zoning Ordinance Text. A. Purpose. The purpose of this subsection is to provide procedures for the review of proposed amendments to the provisions of this ordinance, also referred to as “text amendments”. The County Board may from time to time amend, remove, or add to such provisions in the manner provided by Wisconsin Statutes Section 59.69 and as specified in this subsection. B. Application for Text Amendment. Amendments to one (1) or more provisions of this chapter shall be initiated by the filing of an application on a form provided by the Zoning Department. Such application may be filed by any property owner affected by the provision of this Ordinance, the town board of any town in which the provision is in effect by resolution, any member of the County Board, or the Zoning Committee as a whole by resolution. 1. Complete Application. To be determined complete by the Zoning Administrator, the application shall include the following: a. The current provision(s) of this chapter proposed to be amended or deleted. b. The text proposed to replace the current provision(s) of this chapter. The applicant must consult with the Zoning Administrator in advance of preparing such text to ensure that it is in proper format and the intent is clear. c. Written justification for the proposed amendment, consisting of the reasons why the amendment is in harmony with the purposes of this ordinance, the Subchapter in which the amendment is proposed, and the Comprehensive Plan. d. The required review fee. C. Required Review Process. The review process for text amendments shall follow the procedures specified under Wisconsin Statutes 59.69. D. Text Amendment Review Criteria. In its review and action on the application, the County Zoning Committee shall make findings with respect to the following criteria: 1. The proposed text amendment is consistent with the overall purpose and intent of this Ordinance. 2. The proposed text amendment is consistent with the Buffalo County Comprehensive Land Use Plan. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 22 3. Factors have changed from the time of initial Ordinance adoption that warrant the text change, or an error, inconsistency, or technical problem administering this Chapter as currently written has been observed. 4. If affecting the ANR-40 zoning district, meets all relevant requirements of Wisconsin Statutes Section 91.38(1), as long as the County continues to intend for that district to be a State-certified farmland preservation district. E. Effect of Denial. No application which has not been enacted under this Subchapter shall be resubmitted for a period of twelve months from the date of final County Board action, except on grounds of new evidence or proof of change of factors found valid by the Zoning Committee. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 23 CHAPTER 4 ZONING PERMITS 1. Purpose. The purpose of this chapter is to specify the requirements and procedures for the issuance of zoning permits. Zoning permits are issued by the County Zoning Administrator for projects and developments as specified in this Ordinance in order to verify compliance with the provisions of the Buffalo County Zoning Ordinance. A zoning permit is not a substitute for a building permit, which is otherwise issued by the Uniform Development Code inspector. In certain cases, other land use approvals, including but not limited to rezoning, conditional use permit, or variance approval is required before a zoning permit may be issued. 2. Authority. Permits shall be granted or denied by the Zoning Administrator or his designee, or the Board of Adjustment upon appeal, and the applicant shall post such permits in a conspicuous place at the development site. 3. Applicability. A. Except as exempted under subsection nine (9), a zoning permit is required from the Zoning Department in each of the following instances: 1. Before any structure is erected, affixed, moved, relocated, or structurally altered to increase its floor area or footprint. 2. Before an area of ten thousand (10,000) square feet or greater may be altered by excavation, grading, filing, or otherwise disturbed by earth moving activities resulting in the loss or removal of protective ground cover or vegetation. All such activity shall require an erosion control and stormwater management plan. Activities directly related with planting, growing, and harvesting of agricultural crops are not considered land alteration activities under this chapter and are, therefore, exempt from all the requirements of this Section. 3. Before a land disturbing activity of five thousand (5,000) square feet or greater occurs on slopes greater than twelve (12) percent. All such activity shall require an erosion control and stormwater management plan. 4. Before any structure or building is altered which would affect a change in the existing site’s or structure’s use. 5. Before any conditional use permit granted under the provisions of this Ordinance commences operation or development. 6. Before the commencement of any structural modification or structural repair of an existing nonconforming structure, or to a structure housing a non-conforming use. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 24 7. Before the creation of any surface water feature over five thousand (5,000) square feet in area. 8. Before the start of any development or the establishment of any specific land use described in this Ordinance for which a steep slopes development plan, stormwater management plan, grading plan and/or erosion control plan is required. 9. Before any other land disturbing activity occurs where the Zoning Administrator determines that high levels of erosion or stormwater runoff is likely. In such instances an erosion control plan, stormwater management plan, or both shall be submitted for review. 10. Before any sign which requires a zoning permit under Chapter 19 is installed. 11. Before any remodeling, foundation or structural improvements or additions to non- conforming structures. 12. Any other instances that have been indicated in other chapters of this Ordinance. 13. A State or County sanitary permit shall be applied for and issued in accordance with the Buffalo County Sanitary Ordinance and Wis. Admin. Code SPS 383 prior to the issuance of a zoning permit allowing construction of a structure requiring a private on-site wastewater treatment system. 14. No permits will be issued if the applicant/property owner is in violation of the Buffalo County Zoning Ordinance, Sanitary Ordinance, Floodplain Ordinance, Subdivisison Ordinance, Uniform Numbering System Ordinance or Shoreland Ordinance. 4. Disclaimer. Any permit issued in conflict with the provisions of this Ordinance shall be null an d void. Any permit obtained through material misrepresentation shall be null and void. 5. Applications for a Zoning Permit. A. Application Criteria . Applications for permits shall be made in writing to the Zoning Department upon forms furnished by the Department and shall include the following: 1. Name and address of the owner/applicant and his agent: architect, engineer or contractor. 2. Description of the site by parcel identification number from tax rolls, lot and block numbers and recorded subdivision or by metes and bounds, section, township and range, and address of subject site. 3. Proof of ownership of the parcel. 4. Signature of the owner. 5. A complete description of the proposed development/land use. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 25 6. A site plan drawn to scale showing property boundaries, dimensions, elevations, uses and all of the following: a. Existing structures and proposed new structures or additions. b. Existing and proposed easements, streets, and other public ways. c. Off street parking, loading areas, and driveway location. d. Distances from property lines and road centerline. e. Water features and potential wetlands. f. The location of any well(s) and/or septic system(s). g. Visual clearance triangles required in accordance with Chapter11. h. Permit for highway access from the appropriate highway authority. i. North Arrow. j. For new dwellings, a copy of the Erosion Control Plan required for UDC-Building Permit applications. 7. Additional pertinent information as may be required by the Zoning Administrator in order to determine full compliance with the requirements of this O rdinance and other Buffalo County Ordinances. 8. Payment of the applicable fee. B. Visible Staking of Corners. The owner or his or her agent shall have all corners visibly staked prior to requesting an inspection. If the Zoning Administrator is unable to accurately verify the location of a building on its lot, he or she may require that a survey map be prepared by a registered land surveyor that will show the location of the building on its lot before allowing construction to continue. C. Evidence of property lines. Prior to granting any permit required under this chapter, it is the duty of the property owner to present satisfactory evidence to the Zoning Administrator or his designee as to the location of the property lines relevant to the permit application. The property owner/applicant may meet the evidence requirement by identifying the existing plat and certified survey markers. The Zoning Administrator may accept a mutually acknowledged lot line confirmed in writing by abutting property owners. In any case where the Administrator should reasonably question the location of a property line, the Administrator may require a licensed survey thereof. The owner/applicant is responsible for survey costs. Granting a permit does not in itself determine property lines or represent the respective property rights of adjacent property owners. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 26 D. Paid Expertise. For applications of a non-routine nature for which the Zoning Administrator expects that the County will need to engage paid expertise relating to legal, planning, surveying and/or engineering, design, economic, environmental, tax impact or other issues relevant to the application in order to comprehensively review uses and impacts. Expertise includes the cost of legal counsel and court reporting, transcription services for cases deemed to warrant such recording and transcriptions of hearings and meetings shall require an additional deposit. For these applications; zoning, conditional use, variance, and rezone, the base application fee shall be supplemented by a required payment by the applicant of a deposit equal to one hundred twenty-five percent (125%) of an estimate established by the Zoning Committee of the costs of necessary services. The deposit shall be used to pay all reasonable County review expenses and shall be replenished when the initial deposit is exhausted. Any excess in the deposit account shall be returned to the applicant when the County actions on the application are complete and all bills have been paid. E. Sanitary Permits. The appropriate sanitary permit application must be received by the Zoning Department for review prior to an associated zoning permit being issued. F. Uniform Dwelling Code. The construction of all new single family dwellings and duplexes shall abide by the Buffalo County Uniform Dwelling Code Ordinance and the WI Uniform Dwelling Code, Comm. 20-25. Applicants are responsible for obtaining the required UDC building permits and payment of all associated inspection fees. G. Scenic Easements. Zoning permits will not be issued for any structure to be located within a scenic easement without written approval being received from WI Department of Transportation. 6. Reasonable Accommodations for Handicapped Persons A. Zoning Permit. The Zoning A dministrator may issue a zoning permit that waives specific requirements of this Ordinance, if it is determined that the requested accommodation: 1. Is necessary to afford handicapped or disabled persons equal housing opportunities or equal access to public accommodations; 2. Is the minimum accommodation that will give the handicapped or disabled persons adequate relief; and 3. Will not unreasonably undermine the basic purposes of this Ordinance. B. Termination of Use. If the Zoning Administrator issues a zoning permit that waives specified zoning provisions pursuant to Sub-section A. above, the permit will include a condition that the structure authorized by the permit (such as an entrance ramp) shall be removed not more than thirty (30) days after the handicapped or disabled person vacates the property or the structure ceases to be a public accommodation. C. Appeals. If the Zoning Administrator denies a permit requesting an accommodation under this subsection, the denial may be appealed to the Board of Adjustment. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 27 7. Permit Fees A. Fee Schedule. Applications for permits required under this Ordinance shall be accompanied by a fee as established by the County. A copy of the current fee schedule shall be kept on file in the Zoning Department. Work commenced prior to obtaining a zoning permit, for any building, development, structure, land use or land alteration exceeding ten thousand (10,000) square feet, not having a valid Buffalo County permit shall be subject to an after-the-fact fee as set forth in Chapter 5, Enforcement and Penalties. B. Exemptions. Governmental Units are exempt from zoning permit application fees, they are however required to apply for and obtain all required permits. C. Payment of Fees. All required fees shall be paid in full. No partial payment, payment schedule, loans, or debts shall be accepted. If fees are paid by check, and the check is returned for insufficient funds, any issued permit reliant upon the unpaid fees shall be voidable until the fees have in fact been paid. The permit shall not become valid until cash is paid or a subsequent check is honored by the applicant’s bank. When such unpaid fess are not paid within thirty (30) days or more after a written request was sent, the Zoning Administrator may issue a Notice of Noncompliance. If such unpaid fees are still not paid after another thirty (30) day period, the permit becomes void and additional enforcement actions may be taken. D. Refunds. Permit application fees are not refundable. 8. Zoning Permit Application Criteria No zoning permit shall be granted or shall become effective until all applicable requirements of this Ordinance, conditions of any preceding County approval related to the development, and all applicable Wisconsin Statutes and rules are met, including, but not limited to those related to shoreland and floodplain zoning. 9. Where Zoning Permits are Not Required 1. For any accessory building one hundred fifty (150) square feet or less, provided such building conforms to all highway and property line setbacks, and all other requirements of this Ordinance. 2. For any improvements, repairs, or alterations to an existing building which shall not affect a change in use or encroach upon any yard or open space. 3. For any maintenance regardless of cost. 4. For the construction of any fence. 10. Validity and Time Review. A. Permit Review Time Limits. A zoning permit shall either be granted or denied in writing by the Zoning Administrator within thirty (30) days of the filing of a complete application, unless other parallel processes (e.g., conditional use permit) require a longer review period. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 28 B. Permit Posting. Once issued, each zoning permit shall be posted in a prominent place on the premises prior to and during the period of construction, relocation or land alteration. C. Permit Validity. If the work authorized by the zoning permit is not completed within twenty- four (24) months of the date of the approval, the zoning permit approval shall be considered void. The applicant may, with a fee, apply for a renewal and the Zoning Administrator may grant, a one time, twelve (12) month extension, provided that a written renewal request is submitted before the original expiration date. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 29 CHAPTER 5 ENFORCEMENT AND PENALTIES 1. Authority. In the enforcement of this Ordinance, the Zoning Administrator shall have the power and authority for the following: A. Inspections. At any reasonable time, and for any proper purpose, to enter upon any public or private premises and make inspection thereof. B. Stop Work Orders. The Zoning Administrator shall have the authority to issue orders and directives to any person subject to the provisions of this Ordinance to cease any act, conduct or use which is deemed to be in violation of these regulations. The Zoning Administrator may issue orders to correct, within a specified period of days, any violation of this Ordinance; and upon reasonable cause or question as to proper compliance, to revoke any zoning permit and issue stop work orders requiring the cessation of any building, moving, alteration or land use which is in violation of the provisions of this Ordinance. Notice of a stop work order is given both by posting one or more copies of a notice stating the Violation upon the land where the violation occurs and by mailing a copy of the notice by first class mail to the property owner of the property on which the activity is in violation. The order shall specify the activity that must cease immediately and be brought into compliance with a time period as determined by the Zoning Administrator. Any stop work order shall be in effect until removed by the Zoning Administrator. C. Legal Proceedings. To refer to Corporation Counsel for commencement of any legal proceedings necessary to enforce this Ordinance. 2. Violations. A. Compliance. It shall be unlawful to locate, erect, construct, reconstruct, alter, enlarge, extend, convert or relocate any building, structure or sign or use any building, structure, land or sign in violation of the provisions of this 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 required by this Ordinance or to fail to comply with any requirement or condition imposed by the Board of Adjustment or Zoning Committee. B. Separate Offense. Each and every day of violation shall be deemed a separate offense and violation. C. Prosecution. Any person, firm, association, corporation or representative agent failing to comply with the provisions of this Ordinance may be subject to prosecution under the terms of this chapter. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 30 D. Violations of Permits Issued Under this Chapter. 1. Violation of a permit or other approval issued under this Chapter, or any condition or approved plan associated with such permit or other approval, shall be deemed a violation of this Chapter, and shall constitute grounds for revocation of the permit, as well as fines and forfeitures and any other available remedies. The decision of the appropriate body shall be furnished to the permit holder in writing, stating the reasons therefore. 2. A permit or other approval issued in violation of this Ordinance, other Buffalo County Ordinances, the Wisconsin Administrative Code, or Wisconsin Statutes gives the permit holder no vested right to continue the activity authorized by the permit, and the permit is considered voided. 3. Prosecution. A. Civil proceedings. Pursuant to § 66.0114, Wis. Stats. an action for violation of this Ordinance shall be a civil action. B. Notification. The Zoning Administrator shall serve any violators with a Notice of Noncompliance stating the following: 1. The nature of the violation. 2. Corrective measures required to eliminate the violation. 3. That the violator shall be subject to: a. Civil action to remove or otherwise eliminate the violation; and/or b. Penalties, upon conviction. C. Corporation Counsel. The Zoning Administrator shall report Notices of Noncompliance and violations to the Buffalo County Corporation Counsel. At the Corporation Counsel's discretion, legal action or proceedings may be commenced to prosecute alleged violators pursuant to the proceedings outlined in § 66.0114, Wis. Stats., or pursuant to the issuance of a summons and complaint. D. Injunction. Compliance with this chapter may also be enforced by an injunction at the suit of Buffalo County or the owner or owners of real estate within the zoning district affected by such regulation. E. Penalty. Those actions commenced on behalf of Buffalo County may, in addition, seek a forfeiture or penalty as outlined herein. F. Special Inspection Warrants. The provisions of § 66.0119, Wis. Stats., shall govern the issuance of all special inspection warrants. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 31 4. Penalties. Any person, firm, association, corporation or representative agent who violates, disobeys, omits, neglects or otherwise fails to comply with the provisions of this Ordinance or any order of the Zoning Administrator issued in accordance with this Chapter shall, upon conviction thereof, forfeit not less than one hundred dollars ($100) nor more than one thousand dollars ($1000) 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 thirty (30) days. Each day a violation exists or continues shall constitute a separate offense and violation. 5. After-the-Fact Fee for Work Commenced Prior to Obtaining a Zoning Permit. An after-the-fact fee equal to five times the standard applicable zoning permit application fee shall be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such after-the-fact fee may be decreased to three times the applicable fee if such fee is paid within thirty (30) days of owner notification of noncompliance. Such after-the-fact fee shall not release the applicant from full compliance with this Ordinance nor from prosecution for violation of this Ordinance. If the applicable structure cannot meet use and/or dimensional requirements and is not granted a variance or conditional use permit by the Board of Adjustment and the owner/agent/lessee voluntarily removes the structure within thirty (30) days of notice from the Zoning Department or within thirty (30) days of the Board of Adjustment date of filing Findings and Conclusions, the after- the-fact fee shall be waived. In his sole discretion the Zoning Administrator may reduce or waive the tripling of fees for such permits if the Zoning Administrator determines such action to be warranted under the circumstances of the case in question. All remediation or penalties issued under this chapter and ordered by the Zoning Administrator shall be stayed until appeal periods have expired. 6. After-the Fact Conditional Use and Variance Application Fees. A. After-the-Fact Conditional Use. If a building, structure or premises is utilized or other land use is established which by this ordinance requires issuance of a conditional use permit, without a conditional use permit first being obtained, the responsible party may attempt to correct the violation by applying for a conditional use permit for the unauthorized use. 1. Procedure. a. Upon notification of the violation, the responsible party may apply for a conditional use permit as provided in Chapter 6. b. Upon submittal of a complete application, the application shall be processed as provided in Chapter 6. 2. During the pendency of the conditional use permit application, the responsible party shall not continue or renew any activities in furtherance of the unauthorized use. B. After-the-Fact Variance. If a building 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 requirements of this Ordinance, the responsible party may attempt to correct the violation by petitioning for a variance, except that the responsible party shall not be Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 32 eligible for such relief if a summons and complaint regarding the violation has been filed by the Corporation Counsel prior to submittal of the variance petition. 1. Procedure a. Upon notification of the violation, the responsible party may submit a variance application to the Zoning Department requesting that the Board of Adjustment consider a variance petition regarding the violation. b. As soon as can be conveniently scheduled, the Board of Adjustment shall convene to consider such variance petition. In deliberating on the issue, the Board of Adjustment shall consider the recommendation of the Zoning Administrator. c. If the Board of Adjustment refuses to approve the variance request, appropriate enforcement actions shall be applied. 2. During the pendency of a variance petition, the responsible party shall not carry on any activities in furtherance of the unauthorized development or use. C. Fees. The application fees for after-the-fact conditional use permit applications and variance applications shall be three times the standard applicable fee. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 33 CHAPTER 6 BOARD OF ADJUSTMENT: PROVISIONS, APPEALS, VARIANCES, CONDITIONAL USE PERMITS 1. Establishment. There is hereby established a Board of Adjustment for the County of Buffalo as authorized by s. 59.694, Wis. Stats. The Board assumes all responsibilities, duties and powers as provided within Wisconsin Law and Buffalo County Ordinances. 2. Membership. A. Size and Appointment. The Board of Adjustment shall consist of three (3) members appointed by the Chairperson of the County Board with the approval of the County Board for staggered terms of three (3) years. Each term shall begin July 1st. The incumbent members shall continue to serve until their terms expire. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. B. Eligibility. Members of the Board and alternate members to the Board shall all reside within the county and outside the limits of any incorporated cities and villages within the county. No two (2) members shall reside in the same Town. C. Compensation. The members of the Board of Adjustment shall be paid the same per diem and mileage as authorized for the County Board of Supervisors. D. Alternates. The County Board Chairperson shall appoint, for staggered three-year terms, two (2) alternate members to the Board who are subject to the approval of the County Board. Annually, the Chairperson of the County Board shall designate one (1) of the alternate members as the first alternate and the other as the second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of a conflict of interest or when a member is absent. The second alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one member of the Board refuses to vote because of a conflict of interest or are absent. 3. Operation and Rules. A. The Board of Adjustment shall adopt rules for the conduct of its business which shall be in accordance with the provisions of this Ordinance and s. 59.694, Wis. Stats. B. Chair. The Board of Adjustment shall choose its own chairperson. The chair may administer oaths and compel the attendance of witnesses. C. Call to Meetings. The Board of Adjustment shall meet at the call of the chair, and at such other time as the Board of Adjustment may determine, at a fixed time and place. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 34 D. Open Meetings. All meetings of the Board of Adjustment shall be open to the public, unless otherwise specified by Wisconsin law, but such Board may go into closed session pursuant to Wis. Statutes. E. Public Hearing. Any public hearing held by the Board of Adjustment shall be held in a convenient public location and a full description of the location of such place of hearing by name, address or other commonly known means of identification shall be included in the notice given of such hearing. No undue hardship shall be created for any applicant by reason of the location of such hearing. F. Time Line. Upon determination of a complete application for a Conditional Use Permit (CUP), Variance, Special Exception or Appeal the Board shall hold a public hearing. The Board shall, within sixty (60) days of determination of a complete application by the Zoning Administrator, fix a date for the hearing. The Zoning Department will not place a petition on the Board of Adjustment agenda until the Towns Acknowledgement Form has been returned to the Department bearing the required signature. The Board shall render a decision within one hundred twenty (120) days of the date of the first hearing. G. Wis. Stats. The Board of Adjustment shall hold a public hearing in accordance with s. 59.694, Wis. Stats. At the hearing any party may appear in person or by agent or attorney. H. Notification. The Board of Adjustment shall give public notice of any hearing by publication of a Class 2 notice in the official newspaper of the County, on each of two (2) successive weeks, the last publication to be not less than one (1) week before the hearing advertised therein, specifying the date, time and place of hearing and the matters to come before the Board of Adjustment. In addition notice will be mailed to parties of interest constituting those persons who own property within three hundred (300) feet of the boundaries of the parcel or parcels of land on which the proposed use is located. The local Town Board shall also be notified. A copy of the notice of any Board of Adjustment public hearing on matters within Shoreland and Floodplain Zoning shall be sent to the appropriate Department of Natural Resources area office at least ten (10) days prior to the hearing and a copy of all decisions shall be provided to the DNR within ten (10) days of the decision. I. Assistance. The Zoning Board of Adjustment shall have power to call on any County department for assistance in the performance of its duties and it shall be the duty of such departments to render all such assistance as may be reasonably required. J. Town Review. The Town within which a Conditional Use Permit, Special Exception, Variance, or Appeal is sought is required to review and provide testimony for approval or denial of the petition. CUP applicants are required to present their development plan, proposed land use, or grounds for appeal to the Town Board for review. The applicant will present the Towns Acknowledgement Form for the Town Chairs signature which shall indicate that the Town either supports, opposes or has no comment concerning the CUP application. K. Minutes. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 35 L. Quorum. The quorum for any meeting shall consist of at minimum two (2) Board members. M. Findings of Fact. The final disposition of an appeal, variance, special exception or conditional use permit petition to the Zoning Board of Adjustment shall be in a form of a written decision titled; Findings of Fact and Conclusions of Law, signed by the Zoning Administrator. Such decision shall state the specific facts and rationale that are the basis for the Board of Adjustment’s decision and shall specify any required conditions of approval; and shall specify the extent of any appeal or variance granted. Decisions regarding appeals shall either affirm, reverse, or modify any order, requirement, interpretation, or determination of the Zoning Administrator. 4. Powers. The Board of Adjustment shall have the following powers: A. Variances. To hear and authorize upon petition in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance will be observed and substantial justice done. Such variance shall not have the effect of permitting in any district a use that is prohibited in that district. B. Appeals. To hear and decide appeals, pursuant to s.59.694, Wis. Stats., where it is alleged that there is an error or errors in any order, requirement, decision or determination made by the Zoning Administrator and/or Zoning Committee. In exercising the above mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination which is the subject of the appeal, and to that end shall have all the powers of the officer from whom the appeal is taken. C. Conditional Use Permits. Issue or deny conditional use permits and establish any conditions for such permits. D. Special Exception Permits. Issue or deny special exception permits within the Shoreland Zoning District and establish any conditions to be placed on those permits. E. Renewable Energy Systems. To grant special exceptions or variances for renewable energy resource systems. If the Board denies an application for a special exception or variance for such a system, the Board shall provide a written statement of the reasons for denying the application. F. Limitations of Power. Nothing herein shall be construed to give or grant to the Board the power or authority to alter or change the ordinances, zoning districts or other official maps of the County, which authority is reserved by the County Board Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 36 5. Conflicts of Interest. A. Defined. Members of the Board of Adjustment shall avoid conflicts of interest. As used here, a conflict of interest shall include, but not necessarily be limited to, the following: 1. Reviewing, deliberating upon, or voting on a petition or application concerning oneself or work on land owned by oneself. 2. Reviewing, deliberating upon, or voting on an application concerning a property located adjacent to or within one thousand (1000) feet of one’s property. 3. Reviewing, deliberating upon, or voting on an application involving a corporation, company, partnership, or any other entity in which the person is a part owner, or has any other relationship where the person may stand to have a financial gain or loss. 4. Reviewing, deliberating upon, or voting on an application, if such action results in a pecuniary benefit to oneself. 5. Reviewing, deliberating upon, or voting on an application concerning one’s spouse, child, stepchild, grandchild, brother, sister, parent, grandparent, member of one’s household, or any other extended family member. 6. Reviewing, deliberating upon, or voting on an application where an employee or employer of the Board member is: a. An applicant or agent for an applicant, or b. Has a direct interest in the outcome. B. Determination. When a conflict of interest exists, the Board member shall do all of the following upon determining that a conflict exists: 1. Declare that a conflict exists at the next meeting of the Board of Adjustment. 2. Cease to participate at the Board meetings pertaining to the matter, until the matter giving rise to the conflict has been decided; and refrain from representing oneself before the Board or Department staff. C. Ex Parte Contact. 1. Members of the Board shall attempt to avoid ex parte contact. As defined here, ex parte refers to communication that occurs outside of a noticed meeting. Members of the Board have a duty to not prejudge a case, and to base their decisions only on the material and facts presented at public meetings and hearings on the case. 2. Despite one’s best efforts it is sometimes not possible to avoid ex parte contact. When that happens the member should publicly report the content and context of the ex parte contact Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 37 in full at the public hearing or meeting on the case prior to the Board making a decision on the issue. 6. Procedure for Hearings. A. Appearances; Adjournments. At the time of the hearing, the applicant or appellant may appear on his own behalf or be represented by his counsel or agent. A recess or adjournment of a hearing, made at a properly noticed hearing, to a time and place certain, is adequate notice to the members and public of a new hearing date. B. Witnesses. The Chairperson, or Acting Chairperson, may compel the attendance of witnesses and may require those wishing to testify to state their names and their interests in the matter before the Board. Testimony may be taken under oath. C. Order of Hearings. Hearings on cases shall normally follow this order: 1. Hearing call to order by the Chairperson 2. Roll Call 3. Notice of Public Hearing (Read by Secretary or Zoning Department representative) 4. Publication (Statement of publication of notice and distribution) 5. Summary of the nature of the petition by the Zoning Department 6. Content of Hearing. a. Hearings shall be conducted with the applicant presenting his or her case first, including any witnesses the applicant wishes to call. After the applicant presents his or her case, anyone else in favor of the applicant’s request shall also be allowed to speak. Then all those opposed to the application shall be allowed to speak. b. The Board may, at its discretion, limit the extent/duration of individual public testimony. c. The applicant has the burden of proof to show that he or she is entitled to a conditional use permit, variance or other relief being sought. d. In more controversial, contested cases, in which parties appear with attorneys, opening and closing statements shall be allowed and limited to ten (10) minutes in duration. e. The applicant or appellant shall be responsible for the presentation of all information supporting the case. 7. Closing of testimony. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 38 8. Restricted to the Board of Adjustment. No public or staff participation unless specifically requested by the Board. The Board shall find and determine the appropriate facts and conclusions of law upon which a decision can be made. The Board may consult with the Zoning Administrator or legal counsel. 9. Decision. The Board shall make an appropriate motion, including findings of fact, conclusions of law, approvals or denials, and conditions or statement of hardship for variances. 10. Adjournment. D. Preliminary Matters. Following the reading of the notice of appeal, petition or application, the Board may hear arguments on the question of jurisdiction or timeliness of the application to the Board and request that briefs be filed on the point. The Board may proceed with the hearing and the taking of testimony in any event and reserve its determination on a jurisdictional question until after the testimony is closed and render a decision on the merits as if it had jurisdiction. The Board may make an immediate determination and close the hearing upon a finding that it lacks jurisdiction. If the Board determines by motion that it lacks jurisdiction, the Secretary shall record the decision as a vote to deny the request. E. Parties Not to Interrupt. Orderly procedure requires that each side shall proceed without interruption by the other; that all arguments and factual presentations shall be addressed to the Board; and that there be no questioning or arguments between individuals. F. Questions and Debate. During the hearing, Board members may ask questions and make appropriate comments pertinent to the case. However, no member shall debate or argue an issue with the applicant. The Chairperson and Board members may direct questions to the applicant or to any person speaking in order to bring out all relevant facts, circumstances and conditions affecting the petition and may call for questions of the Zoning Department staff. G. Additional Evidence. The Board may take a petition under advisement for later consideration and determination, or may defer action, whenever it concludes that additional evidence is needed or further study is required. H. Postponement of Hearing. Cases may be postponed only by prior arrangement with the Chairperson. Postponement/rescheduling of a public hearing due to an applicant’s error in submittal or failing to attend the hearing, in person or by agent, will be charged a rescheduling fee of three hundred fifty dollars ($350). I. Rules of Evidence. The Board shall not be bound by court rules of evidence, but it may exclude irrelevant, immaterial, incompetent, unduly argumentative or repetitious testimony or evidence. J. Chairperson to Rule on Admissibility. The Chairperson shall rule on all questions relating to the admissibility of evidence, however, he/she may be overruled by a majority of the Board present. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 39 K. Interested Persons May Testify. Persons having an interest in the case may attend the hearing and may request an opportunity to testify provided they identify themselves and sign an appearance list of persons attending the hearing with the intent to testify. L. Record of Hearing. 1. All Proceedings at a hearing shall be recorded by the Zoning Department. A Zoning Department designee shall prepare minutes of each meeting and hearing, which shall include a summary of motions, witnesses, appearances, roll calls, votes and all other matters constituting the substance of the proceedings, and which shall be submitted to the Board for review and approval and shall become part of the written record filed in the Zoning Department. 2. Transcripts of recorded proceedings shall not be prepared unless ordered by the circuit court by a writ of certiorari or requested under the Open Records Law. The party requesting a transcript shall be required to pay the cost of preparation in advance. Any party or member of the public may make a record of the proceeding by any means which does not disturb the hearing or others present. 3. The Planning and Zoning Department shall record and maintain permanent minutes of the Board’s proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact; shall keep records of its official actions; shall summarize accurately the testimony of those appearing before the Board and keep a verbatim recording of all hearings; shall record the names of all persons appearing before the Board in person, or by agent or attorney; and shall, subject to the direction of the Board and chairperson, conduct the correspondence of the Board and have published in a local newspaper, public notices of meetings or hearings as required by law and these rules of procedure. Minutes and records shall be a public record. The Zoning Department shall be the custodian of the files of the Board and keep all records. M. Adjustment. When all appeals or applications cannot be disposed of on a day set, the Board may adjourn from day to day or to a day certain, as it may order, and such adjourned day shall be construed as a continuance of the hearing. Notice of such adjournment shall be given to the absent members of the Board. N. Withdrawal of Appeal. An applicant or appellant may withdraw a petition or appeal at any time prior to the decision, but a pending motion to grant or dismiss the appeal shall have precedence over withdrawal. Withdrawal of the appeal shall not entitle the appellant or applicant to remission of the application fee. O. Decision of the Board. 1. If a quorum is present, the Board may take any action by a majority vote of the members present. All decisions of the Board shall be made at a public meeting, by motion made, seconded and passed. If conditions are imposed in the granting of a variance, or conditional use, such conditions shall be included in the motion. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 40 2. All decisions shall be in writing and contain the findings of facts and conclusions of law upon which the decision is based. 3. Within thirty (30) days after the close of the hearing to which a decision relates, written copies of such decision shall be mailed to the applicant and all additional parties invested and held in the Zoning Department, which shall constitute filing the decision in the office of the Board under Sec. 59.694(10) Stats. The approval or granting of petitions or appeals by the Board is deemed to constitute an order to the Zoning Department to issue a zoning permit, upon receipt of a complete application and all required fees. A denial of the application or appeal by the Board is deemed to be an order to deny the permit application. Copies of written decisions authorizing conditional use permits or variances in shoreland/ wetland/ non-metallic mining or floodplain cases shall be mailed to the Wisconsin Department of Natural Resources within ten (10) days of the date such decision is rendered. 4. The decision of the Board shall be deemed as applying to the property rather than to the individual and is valid only for the specific premises in the case and is not transferable to other properties. 5. The Board need not respond to informal requests for advice or moot questions. Any advice, opinion or information given by any Board member, or any other official or employee of the County shall not be binding on the Board. 6. No action of the Board shall set a binding precedent. Each case shall be decided upon its own merits and upon the attendant particular facts and circumstances. P. Re-filings and Re-hearings. 1. No matter that has been previously acted upon by the Board shall be considered upon a new application unless one or more of the following applies: a. The petition does not involve a request for an identical permit or does not allege the same misinterpretation or error. b. The petition does not contain the original request for a specific variance. c. Substantial change in the use of adjacent property has occurred since the previous petition was heard. d. The previous petition was closed without a hearing because the applicant was not present at the time such petition was scheduled for hearing. e. There is a claim that there should be a rehearing based upon newly discovered evidence. A rehearing will only be granted on this basis when all of the following apply: 1. The evidence has come to the moving party’s notice after the initial hearing. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 41 2. The moving party’s failure to discover the evidence earlier did not arise from lack of diligence in seeking to discover it. 3. The evidence is material and not cumulative. 4. The new evidence would probably change the result. Q. Re-openings and Re-hearings. 1. The Board, on its own motion, may not reopen any petition upon which a previous hearing has been held, except in the following circumstances: a. To correct a manifest error or when there is some ambiguity or missing element in the decision that makes it impossible for the Zoning Department to apply the decision(s). In such a situation, the Board may reopen a petition at its next scheduled meeting. b. The Board, at the request of the Zoning Department, may also reopen a petition without regard to time limits if an interpretation of a prior decision is necessary, or if interpretation, modification or enforcement of conditions of a Board decision is necessary. Nothing in this section “a”, should be interpreted as allowing a complete reopening of the case, nor require or presume that the Board of Adjustment should make any substantial change in their decision. There shall be a three hundred fifty dollar ($350) filing fee assessed if the applicant is the party seeking a partial reopening under this section “a”, for purposes of deleting or substantially modifying a condition placed on a Board of Adjustment decision. There shall be no filing fee if the request for reopening is solely at the request of the Zoning Department. In any rehearing or reopening of a Board of Adjustment decision, the criteria for decision shall be the same legal criteria as for the original decision. 2. A petition will be considered as heard and closed at such time as the Board approves or rejects an application or appeal by motion. No request for reconsideration by the applicant shall be considered unless filed within thirty (30) days of the written decision of the Board of Adjustment being mailed to the applicant by the Zoning Department. 3. A simple majority vote shall be sufficient to open for reconsideration a previous decision. If reconsideration is refused to an interested party who has requested a reconsideration, the Board shall enter on the minutes the basis of the request, the reason why it was refused, and the vote of the Board members thereon. If reconsideration is approved, the case will be placed on the agenda for the next regular meeting/hearing and notice given as required for an original hearing upon payment of the re-hearing fee. 4. The Board may utilize the advice and assistance of the County Zoning Staff and may delegate administrative tasks to such staff or to other county employees as authorized by the County Board of Supervisors. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 42 7. Variances. A. Powers and Duties. To hear, upon appeal in specific cases, such petitions for a variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of this Ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed, and the public welfare and safety secured, and substantial justice done. B. Petition. A petition for variance shall be filed by the property owner, or the owner’s agent, using application forms furnished by the Buffalo County Zoning Department. Such petition shall include the following: 1. Proposed use or structure in question, including a site plan showing the preferred arrangement for which the variance is sought. 2. Section(s) of this Ordinance from which a variance is requested. 3. Details as to the narrowness, shallowness, shape, topography, or other characteristics of the land or the physical conditions applying to the building, structure, use or intended use which make it not merely inconvenient but extremely difficult, if not impossible, to comply with the provisions of the Ordinance. 4. A statement which specifically identifies the conditions of the property which are believed by the owner, occupant or agent to be unique to that property, justifying the granting of a variance, and which are not shared by other properties in the same zoning district. 5. A statement that the unnecessary hardship was not caused or created by the applicant nor by any persons still having an interest in the property. 6. A petition for a variance shall be accompanied by a fee established by the County Board of Supervisors. C. Procedure for Hearings. The Board of Adjustment shall hold a public hearing in accordance with s. 59.694, Wis. Stats. and as defined and stipulated in Chapter 6 of this Ordinance. D. Standards for Variances. The Board shall consider the following standards for granting a variance. The burden of proof at all times remains with the applicant to establish that the proposed variance meets the following standards: 1. That there are present actual unique physical conditions of the lot or parcel which are creating the unnecessary hardship in the application of this Ordinance, as distinguished from a mere inconvenience to the owner if the strict letter of the regulations are required. Unnecessary hardship may not be claimed because of conditions which are self-imposed or created by a prior land owner nor by any person still having an interest in the property. When determining whether unnecessary hardship exists, the property as a whole shall be considered rather than a portion of the parcel. For an area variance, unnecessary hardship exists when compliance with the ordinance would unreasonably prevent the owner from Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 43 using the property for a permitted use or would render conformity with such limitations unnecessarily burdensome. 2. That the conditions described in paragraph “1”, are unique or exceptional circumstances applying only or primarily to the property under consideration and are not generally shared by other properties in the area. Limitations are not of such a general or recurrent nature elsewhere in the same zoning district as to suggest or establish the basis for Ordinance changes or amendments, or of having that effect if relied upon as the basis for granting a variance. 3. That in granting the variance there will not be a substantial detriment to neighboring property and the granting of the variance will not be contrary to the purpose of this Ordinance and the public interest. The Board shall consider the proposed variance petition and the cumulative impacts of similar uses on neighboring land owners and the general public. No variance shall have the effect of allowing in any district a use not permitted in that district. 4. The variance must by standard be the minimum necessary to grant relief. 5. A variance granted under this Chapter, and after April 5, 2012, shall be deemed expired if the land use or development so approved has not obviously and substantially commenced within two years of the date on which the variance was granted. 6. A variance granted under this Chapter runs with the land . 8. Appeals. A. General Provisions. 1. Where there is alleged to be an error in any order, requirement, decision, or determination made by the Zoning Administrator and/or Zoning Committee an appeal may be taken to the Board of Adjustment by any person aggrieved, or by any officer, department, board, or bureau of the municipality affected by the Zoning Department’s decision. 2. Such appeals shall be filed by application with the Zoning Department within thirty (30) days after the date of written notice of the decision or order appealed from was sent by first class mail to the aggrieved party, or, if such notice was not sent to the aggrieved party, within thirty (30) days after the party first knew of, or had reason to know of, or should have known of, the order or decision. The applicable fee must be filed within this same time period as well. 3. The appeal petition shall be submitted on the appropriate application provided by the Zoning Department. a. The application shall specify the grounds for the appeal and any additional information as may be required by the Board or the Department. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 44 b. The application is to be submitted to the Zoning Department accompanied by the fee established by the Board of Adjustment. c. Failure of the appellant to supply the information required by the appeal application, within thirty (30) days after filing an appeal application, may be considered by the Board as a failure to comply with application and appeal procedure and the case may be dismissed for failure of timely filing. Any communications, except on prescribed forms, purporting to be an appeal shall be deemed a mere notice of intention to file and shall not be deemed a filing to comply with requirements of timely filing. 4. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the Board of Adjustment, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a court of record or application and notice to the officer from whom the appeal is taken and on due cause shown. 5. The Buffalo County Zoning Department shall forthwith transmit to the Board of Adjustment the appeal and all documents constituting the record upon which the action appeal is taken and on due cause shown. 6. The Board of Adjustment decision of the appeal shall be rendered in writing within ninty (90) days after the public hearing. Such decision shall state the specific facts which are the basis for the Board’s decision. The decision shall either affirm, reverse, vary, or modify the order, requirement, decision or determination appealed from. The Board may also dismiss the appeal for lack of jurisdiction. 9. Conditional Use Permits. A. Applicability. A conditional use permit shall be required for the establishment of each use permitted as a conditional use. Expansion of a use permitted as a conditional use shall also require a conditional use permit, except that the minor expansion of a building housing a use permitted as a conditional use which would not increase the scale or intensity of that use shall only require a zoning permit. B. Application. An application for a conditional use permit shall be submitted to the Zoning Administrator or his agent upon forms furnished by the Buffalo County Zoning Department. The application shall contain the following information: 1. All the information required for a zoning permit listed in Chapter 4 of this ordinance. 2. Upon request by the Zoning Administrator, such additional information as may be required by the Zoning Administrator so that the Board of Adjustment can determine whether or not the proposed use at the proposed location will not be contrary to the public interest and will not be detrimental or injurious to public health, safety, welfare or the character of the surrounding area. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 45 3. Where the proposed use involves human occupancy, satisfactory evidence that a safe and adequate supply of water and approved wastewater treatment facilities will be provided, in accordance with the requirements of the Buffalo County Sanitary Ordinance. 4. The Board of the Town within which a Conditional Use Permit is sought and applied for is required to review and provide testimony on approval or denial of the application. Applicants are required to present their development plans, proposed land use, to the Town Board for review. The applicant will present the Towns Acknowledgement Form for the Town Chairs signature, indicating that the Town either supports, opposes or has no comment concerning the petition. The Zoning Department will not place the petition on the Board of Adjustment agenda until the Towns Acknowledgement Form has been returned to the Department bearing the required signature. 5. All conditional use permit applications shall be accompanied by a fee established by the County Board of Supervisors. 6. No application shall be accepted by the Zoning Administrator until deemed complete as judged by the Zoning Administrator and until all fees established by Buffalo County have been paid in full. C. Public Hearing. A public hearing shall be held by the Board of Adjustment after a public notice has been given as provided in s.685. At the public hearing, any party may appear in person or be represented by an agent. D. Determination. Following review, investigation, and public hearing, the Board of Adjustment shall render a decision in writing. 1. If the application is approved, such decision shall include an accurate and complete description of the use as permitted, including all the conditions attached thereto. 2. If the application is denied, the reasons for denial shall be stated. E. Basis of Approval. 1. The Board of Adjustment shall review each conditional use permit application for compliance with all requirements applicable to that specific use and to all other relevant provisions of this Ordinance. In approving conditional uses, the Board of Adjustment also shall determine that the proposed use at the proposed location will not be contrary to the public interest and will not be detrimental or injurious to the public health, safety or general welfare of the residents of surrounding lands. 2. To aid in the review of the proposed project under the above criteria, the Board of Adjustment shall take into consideration such of the following factors or additional factors as are deemed by it to be relevant to its decision making process with respect to the project in question. Consideration should include the effect of the proposed development or use from both an individual and a cumulative perspective: Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 46 a. Whether the proposed project will adversely affect property in the area in that the use will substantially impair or diminish the use, value, or enjoyment of existing or future permitted uses in the area. b. The physical size of the site in relation to the proposed use and whether the proposed use is similar to other uses in the area. c. Whether the proposed use is consistent with adopted Buffalo County Ordinances and State Statutes. d. The location of the site in relation to traffic patterns and existing or future streets or roads giving access to the proposed use, whether the proposed project adversely impacts existing traffic flow and congestion. e. Provisions for an approved Private Onsite Waste Treatment System (POWTS). f. Provisions for a potable water supply. g. Provisions for solid waste disposal. h. Whether the proposed use creates noise, light, odor, or dust. i. Provisions for safe vehicular and pedestrian access including the ability of emergency services to access the site. j. Provisions for the prevention and control of water pollution including sedimentation and the potential impacts to floodplains and wetlands. k. Recommendation of the applicable Town Board as indicated in the Towns Acknowledgement Form. l. Provisions for proper stormwater and erosion control measures. m. Whether proposed use/buildings are compatible with existing land uses, including adjacent properties. n. Whether the proposed project creates excessive exterior lighting glare or spillover onto neighboring properties. o. Whether the proposed use leads to a change in the natural character of the area through the removal of natural vegetation or alteration of the topography. p. Whether the proposed use would adversely affect the natural beauty of the area, in that such use will not harm the essential character of the area such that the use will substantially impair or diminish the use, value, or enjoyment of existing or future permitted uses in the area. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 47 q. Existing environmental factors including, but not limited to: topography, drainage, water quantity and quality, air quality, soil types, soil erosion, steep slopes, and vegetative cover. r. Whether the proposed use would adversely affect any historic or archeological sites. s. The relationship of the proposed use with the public interest and the purpose and intent of this ordinance. 3. The applicant’s failure to satisfy the criteria listed in paragraph one (1) and two (2) above or any other applicable requirement in this Ordinance may be deemed grounds to deny the conditional use permit. At all times the burden of proof to demonstrate satisfaction of these criteria remains with the applicant. 4. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this Ordinance and all other governing ordinances, statutes and regulations, and those conditions imposed by the Board of Adjustment, the Board shall grant the conditional use permit. Any condition imposed must be related to the purpose of the Ordinance and be based on substantial evidence. 5. The applicant must demonstrate that the application specifics, and all requirements and conditions established by the County relating to the conditional use, are or shall be satisfied, both of which must be supported by substantial evidence. 6. The Board of Adjustment’s decision to approve or deny a conditional use permit application must be supported by substantial evidence. 7. Applications for Conditional Use Permits in the Agricultural Natural Resource-40 District shall comply with any restrictions of limitations contained in Wis. Stats. Chapter 91. F. Conditions and Restrictions. The Board of Adjustment may in approving an application for a conditional use permit, impose such restrictions and conditions that it determines are required to prevent or minimize adverse effects from the proposed use or development of other properties in the area and on the general health, safety, and welfare of the county. Such conditions may include financial sureties. The Board of Adjustment may limit the use of land to one specific use permitted in the zoning district for which the conditional use permit is sought. The Board of Adjustment may grant the application with or without conditions that it deems necessary in furthering the purpose of this Ordinance, or grant the application in part, with or without conditions, and deny it in part. Conditions may include; duration, property ownership, hours of operation, parking requirements, increased setbacks, increased area or yard requirements, limit to animal units, vegetative screening, site stabilization or rehabilitation. The Board of Adjustment may also require that any permits or license required for the proposed land use from any other governmental entity or agency be submitted to the Zoning Department before the conditional use permit can be issued. G. Expiration. Except as otherwise stated in the Zoning Ordinance, all conditional use permits shall expire twelve (12) months from the date of issuance where no action has commenced to Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 48 establish the authorized use or twenty-four (24) months from issuance if the authorized use is not substantially completed or in operation. If a time limit has been imposed as a condition for the permit, the permit shall expire at the end of the time limit. H. Notification. Pursuant to s. 91.75 (5), Wis. Stats., the Buffalo County Zoning Department shall notify the Wisconsin Department of Agriculture, Trade and Consumer Protection of all conditional uses approved in the Agriculture/Natural Resource–40 Zoning District. I. Termination. If the use of land or a structure under a conditional use permit is not maintained in a manner consistent with and in compliance with the terms and conditions of the permit and of this Ordinance, the conditional use permit may be terminated by action of the Board of Adjustment. In the event that a conditional use of property ceases for a period of twelve (12) months in succession, the conditional use permit shall automatically terminate and all future use of the land or structure in question which is in the form of a conditional use shall require the issuance of a new conditional use permit. J. Appeal. Persons aggrieved by conditional use permit decisions issued by the Board of Adjustment may, within thirty (30) days of the filing of each such decision in the office of the zoning administrator, file a certiori review action with the Buffalo County Circuit Court. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 49 CHAPTER 7 ZONING DISTRICTS 1. Zoning Districts. For the purpose of this Ordinance, the unincorporated areas of Buffalo County are divided into the following zoning districts: A. AGRICULTURE/NATURAL RESOURCE – 40 (ANR- 40) . 1. Purpose and Intent. The Agriculture/Natural Resource – 40 District is established with the intention of promoting the preservation of farmland, a goal established in the Buffalo County Comprehensive Land Use Plan. The purpose of the ANR-40 District is to protect and preserve the historic use of prime soils for agricultural production and raising livestock, with other soil types and steeper slopes protected for natural resource production and harvesting uses such as commercial logging and silviculture. The ANR-40 District establishes policies intended to ensure the long-term stability, productivity, and sustainability of agricultural and natural resource lands and land uses, including supporting industries. It is the intent of the ANR-40 zoning district to strictly limit the intrusion of non- agricultural uses and development which can conflict with traditional and contemporary farming operations and practices. Non-farm residents and other uses of land in this district may be subject to inconvenience and/or discomfort arising from normal and accepted agricultural practices and operations including, but not limited to; noise, odor, dust, operation of machinery, storage and dispersal of manure and the application of; fertilizers, herbicides, soil amendments and pesticides. Owners of property, residents and other uses of property should be prepared to accept such farming practices which may generate inconvenience, discomfort and possible injury from normal farming operations, and are hereby officially noticed that the Right to Farm Law (WI Statutes 823.08) may bar them from obtaining legal judgment against such normal farming/agricultural operations. The maximum non-farm dwelling density allowed in the ANR-40 District is established at one (1) dwelling per forty (40) acres of land owned under a single deed. It is intended that this district will be certified by the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) as a Farmland Preservation District to permit eligible landowners to receive tax credits under Subchapter IX of Chapter 71, Wis. Stats. A non-farm dwelling shall have a minimum setback of five hundred (500) feet from any existing feedlot, manure storage structure or livestock confinement structure with a capacity of fifty (50) animal units or more. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 50 a. Permitted Uses: 1. Agricultural uses conducted for the purpose of producing an income or livelihood: a. Agronomic crop or forage production b. Apiculture c. Aquaculture and/or fish hatcheries d. Dairying e. Enrolling land in a Federal agricultural commodity payment program or State agricultural conservation program f. Fallow land g. Floriculture h. Farm Dwellings i. Grazing j. Hatcheries k. Horticultural crop production l. Nursery, sod and Christmas tree production m. Raising livestock n. Silviculture o. Viticulture 2. Farm Accessory uses a. A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. b. Home Occupations as described in Chapter 9 of this Ordinance. c. Roadside Stands, temporary seasonal roadside sales of agriculture products primarily produced on the premises. d. Tourist Rooming House, compliant with s. 91.01(1)(d). 3. One (1) additional farm dwelling is permitted in the ANR-40 district per base farm tract. 4. Public Utilities, compliant with s. 91.44 (1)(f). 5. Pre-existing dwellings. a. Pre-existing dwellings established prior to December 31, 2013 located in areas subject to zoning under this chapter may be continued in residential use. Such pre-existing dwellings may be structurally altered and repaired, replaced, or rebuilt if destroyed but are subject to setback, height and other dimensional requirements. If a pre-existing dwelling is removed, destroyed, or not occupied for a period of twelve (12) consecutive months, it cannot be replaced or re- occupied and all future use of the property must conform to the provisions of this chapter. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 51 6. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the requirements as described in Chapter 9 of this ordinance. 7. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted nonmetallic mine, duration not to exceed one hundred twenty 120 days and meet State Statutes 91.46(6). 8. Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place, or that are authorized to be located in a specific place under a state or federal law. 9. Undeveloped natural resource and open space areas, and associated conservation practices. a. Hunting, fishing, trapping, and consumption of naturally replenishing resources. b. Conditional Uses: 1. Agriculture related uses. All uses listed below shall maintain a minimum setback of two hundred fifty (250) feet from any residential district or residential lot: a. Animal hospitals that primarily service livestock. b. Animal slaughtering and/or butchering establishments. c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed directly to farms. d. Facilities primarily engaged in the sale and servicing of farm vehicles or other farm equipment. e. Facilities primarily engaged in providing agronomic or veterinary services to farms. f. Food processing plants that process raw agricultural commodities received from farms g. Grain warehouses, potato warehouses, or other warehouses that store raw agricultural commodities received from farms. h. Mills or rendering plants that process raw agricultural commodities or agricultural by-products received directly from farms, or supply animal feed directly to farms. 2. Airports, air strips, or landing fields, compliant with s. 91.46 (4). 3. Bed and Breakfast Establishments that meet s 91.01(1). Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 52 4. Blacksmiths meeting the requirements of State Statutes 91.01(1). 5. Captive Wildlife Operations limited to cervids, game birds, ratites (ostrich, rhea, emu), camelids (llamas, alpacas), and farm raised fish. 6. Churches/Religious Institutions/Cemeteries meeting the requirements of State Statutes 91.46(5). 7. Commercial grain drying operation. 8. Commercial outdoor recreation areas including, but not limited to: a. Campgrounds with twenty (20) sites or less, compliant with s. 91.46 (5). b. Fairgrounds provided they are public use and meet State Statutes 91.46 (5). c. Golf courses provided they are public use and meet State Statutes 91.46 (5). d. Riding arena, compliant with s. 91.01 (1). e. Skeet and trap shooting range that meet s. 91.46 (5). 9. Communication Towers over one hundred (100) feet in height, including all ancillary equipment, shall meet State Statutes 91.46 (4). 10. Concrete or Asphalt Plant operated in conjunction with a permitted nonmetallic mine exceeding 120 days duration and meets State Statutes 91.46 (6). 11. Fur Farms provided they meet all of the requirements as described in Chapter 9 of this Ordinance. 12. Home Businesses that meet s. 91.01 (1). 13. Home or Farm Based Businesses that is owned and operated by a resident occupant that meets s. 91.01 (1). 14. Kennels – commercial kennels must meet s. 91.01 (1) and all of the requirements as described in Chapter 9 of this Ordinance. 15. Land Alteration over one (1) acre for non-agricultural purposes. 16. Livestock Confinement Structure or area intended to house or to expand over two hundred fifty (250) animal units. 17. Municipal buildings for the maintenance of roads and storage of equipment and materials meeting the requirements of State Statutes 91.46(5). 18. Non-Farm Dwellings. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 53 a. An Administrative Conditional Use Permit may be granted for up to one (1) non-farm dwelling for every forty (40) acres of land included in the Base Farm Tract (BFT). A maximum of four (4) non-farm dwellings are allowed per BFT. In addition, the ratio of all “non-farm dwelling acreage” to “farm acreage” on the BFT may not exceed one (1) to twenty (20). For example, if the BFT is 200 acres the total amount of the BFT acreage that can be converted to non- farm dwelling acreage is 9.5 acres. This is calculated by taking the total acreage in a BTF and dividing it by 21 (one unit of nonfarm + 20 units of farm acres) with the resulting answer being the maximum amount of acreage of the BFT that can be converted to a non-farm dwelling acreage. Non-farm dwelling acreage shall be determined by the County based on the use of the property. Two-family dwellings/duplexes are allowed but will count as two (2) residences. Existing non-farm dwellings at the time of adoption of this chapter are counted against the number of non-farm dwellings allowed. A farm dwelling located on a BFT shall constitute one of the five (5) total dwellings allowed on a BFT. Once the housing density for the BFT is met, it will be required that the remaining acreage in the BFT be subject to a deed restriction prohibiting any additional dwellings or non-agricultural development. In addition, the approval of an Administrative Conditional Use Permit to establish a non-farm dwelling may be subject (based on the size of the lot) to recording of a deed restriction that shall apply to the dwelling and to the balance of acreage on the lot on which the dwelling is located. The deed restriction shall prohibit any additional dwellings or non-agricultural development on the remainder of the lot ensuring “farm acreage” is maintained. 1. A parcel for a non-farm dwelling authorized by an Administrative Conditional Use Permit shall not do any of the following: a. Convert prime farmland from agricultural use or convert land previously used as cropland, other than woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a non- farm dwelling and related lot. b. Significantly impair or limit the current or future agricultural use of other protected farmland. 2. Calculation. The allowable number of non-farm residential lots shall be calculated by dividing the size of the BFT in acres by the maximum residential density of the district. (Example: ninety-two {92} acre lot in the Agriculture/Natural Resource-40 district results in ninety-two divided by forty equals two point three {92/40 = 2.3 lots}.) Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 54 3. Rounding. Any fractional lot resulting from the calculation in eighteen {18} (a) two {2} which is at least point seventy-five (.75) shall be rounded up to the next whole number. 4. Minimum lot size. No lot or building site shall be created which does not meet the minimum lot area requirements of this Ordinance. 19. Nonprofit and/or charitable organizations related to agriculture meeting the requirements of State Statutes 91.46(5). 20. Public wayside or roadside park meeting the requirements of State Statutes 91.46(5). 21. Sanitary landfill meeting the requirements of State Statutes 91.46(5). 22. Schools/Colleges/Universities meeting the requirements of State Statutes 91.46(5). 23. Winery/Brewery/Other related use provided the product is made on site. 24. Transportation, communications, pipeline, electric transmission, utility, or drainage use. A transportation, communications, pipeline, electric transmission, utility, or drainage use qualifies for the purposes of sub-section B. 7. if the Department determines that all of the following apply: a. The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district. b. The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law. c. The use is reasonably designed to minimize conversion of land, at and around the site of the use, from agricultural use or open space use. d. The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. e. Construction damage land remaining in agricultural use is minimized and repaired, to the extent feasible. c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. d. Standards for Rezoning land out of the Agriculture/Natural Resource-40 District. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 55 1. The Department of Agriculture, Trade and Consumer Protection shall be notified of all rezoning out of the farmland preservation district by March 1 of each year. 2. Decisions on petitions for rezoning areas within the ANR-40 Zoning District shall be based on the following findings: a. The land is better suited for a use not permitted in the ANR-40 Zoning District. b. The rezoning is consistent with the Buffalo County Comprehensive Land Use Plan. c. The rezoning is substantially consistent with the county certified Farmland Preservation Plan. d. The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. e. Adequate public facilities to serve the proposed development are present or will be provided. f. The proposed development will not cause unreasonable air and water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas. g. The need of the proposed development in an agricultural area. h. The availability of alternate locations. i. The productivity of the agricultural land involved. B. AGRICULTURE/NATURAL RESOURCE – 20 (ANR- 20). 1. Purpose and Intent. The Agriculture/Natural Resource-20 District is established with the intention of promoting the preservation of farmland, a goal established in the Buffalo County Comprehensive Land Use Plan. The purpose of the ANR-20 District is to protect and preserve the historic use of prime soils for agricultural production and raising livestock, with other soil types and steeper slopes protected for natural resource production and harvesting uses such as commercial logging and silviculture. The ANR- 20 District establishes policies intended to ensure the long-term stability, productivity, and sustainability of agricultural and natural resource lands and land uses including supporting industries. It is the intent of the ANR-20 zoning district to strictly limit the intrusion of non- agricultural uses and development which can conflict with traditional and contemporary farming operations and practices. Non-farm residents and other users of land in this district may be subject to inconvenience and/or discomfort arising from normal and accepted agricultural practices and operations including but not limited to; noise, odor, Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 56 dust, operation of machinery, storage and dispersal of manure and the application of; fertilizers, herbicides, soil amendments and pesticides. Owners of property, residents and other users of property should be prepared to accept such farming practices which may generate inconvenience, discomfort and possible injury from normal farming operations, and are hereby officially noticed that the Right to Farm Law (WI Statutes 823.08) may bar them from obtaining legal judgment against such normal farming/agricultural operations. The maximum non-farm dwelling density allowed in the ANR-20 District is established at one (1) dwelling per twenty (20) acres of land owned under a single deed. A non-farm dwelling shall have a minimum setback of two hundred fifty (250) feet from any existing feedlot, manure storage structure or livestock confinement structure with a capacity of fifty (50) animal units or more. a. Permitted Uses: 1. Accessory Dwelling meeting all of the requirements as described in Chapter 9 of this Ordinance. 2. Accessory uses a. A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. b. Home Occupations, as defined in Chapter 9 of this Ordinance. c. Home Business, as defined in Chapter 9 of this Ordinance. d. Roadside Stands, temporary seasonal roadside sales of agricultural products primarily produced on the premises. e. Tourist Rooming House. 3. Agricultural uses conducted for the purpose of producing an income or livelihood: a. Agronomic crop production b. Apiculture c. Aquaculture and/or fish hatcheries d. Dairying e. Fallow land f. Floriculture g. Grazing h. Greenhouses i. Hatcheries j. Horticulture crop production k. Nursery, sod, and Christmas tree production l. Raising livestock m. Silviculture Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 57 n. Viticulture. 4. One (1) additional dwelling unit either a manufactured or modular dwelling for a parent or child of a farm owner, or for persons earning a substantial part of their livelihood on the farm. The additional dwelling must meet all applicable setback, lot size and spacing requirements in the event it is sold in the future. 5. Public utilities 6. Recreational Dwelling meeting all of the requirements as described in Chapter 9 of this Ordinance. 7. Single Family Dwelling 8. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted nonmetallic mine, duration, not to exceed one hundred twenty 120 days meeting all of the requirements as described in Chapter 9 of this Ordinance. 9. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the requirements as described in Chapter 9 of this Ordinance. 10. Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place, or that are authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use. 11. Undeveloped natural resource and open space areas, and associated conservation practices. a. Hunting, fishing, trapping, and consumption of naturally replenishing resources. b. Conditional Uses: 1. Agriculture related uses, all uses listed below shall maintain a minimum setback of three hundred (300) feet from any residential district or residential lot. a. Animal hospitals that primarily service livestock. b. Animal slaughtering and/or butchering establishments. c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed directly to farms. d. Facilities primarily engaged in the sale and servicing of farm vehicles or other farm equipment. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 58 e. Facilities primarily engaged in providing agronomic or veterinary services to farms. f. Mills or rendering plants that process raw agricultural commodities or agricultural by-products received directly from farms, or supply animal feed directly to farms. g. Food processing plants that process raw agricultural commodities received from farms. h. Grain warehouses, potato warehouses, or other warehouses that store raw agricultural commodities received from farms. 2. Airports, air strips, or landing fields. 3. Arboretums. 4. Assisted living facilities. 5. Bed and Breakfast Establishment meeting all of the requirements as described in Chapter 9 of this Ordinance. 6. Blacksmiths. 7. Campgrounds with twenty (20) sites or less. Additional sites may be allowed per Board of Adjustment variance. 8. Captive Wildlife Operations meeting all of the requirements as described in Chapter 9 of this Ordinance. 9. Cemeteries and/or memorial gardens. 10. Commercial grain drying operation. 11. Commercial Outdoor Entertainment/Recreation meeting all of the requirements as described in Chapter 9 of this Ordinance. 12. Commercial Riding Stables meeting all of the requirements as described in Chapter 9 of this Ordinance. 13. Communication Towers over one hundred (100) feet in height, including all ancillary equipment. 14. Community centers. 15. Convention centers, exhibition halls, and/or similar facilities. 16. Driving ranges. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 59 17. Fur Farms meeting all of the requirements as described in Chapter 9 of this Ordinance. 18. Game farms meeting ATCP standards. 19. Golf courses. 20. Government uses and facilities. 21. Health care facilities. 22. Home or Farm Based Businesses that are owned and operated by a resident occupant which is secondary to the use of the premises, provided that the criteria in Chapter 9 of this Ordinance are met. 23. Kennels meeting all of the requirements as described in Chapter 9 of this ordinance. 24. Land alteration over one (1) acre for non-agricultural purposes. 25. Libraries. 26. Livestock confinement structure or area intended to house or to expand over two hundred fifty (250) animal units. 27. Mini Warehouse Storage Facility. 28. Museums. 29. Nonprofit, and/or charitable organizations and facilities. 30. Parks. 31. Penal/correctional institutions. 32. Permanent sawmills meeting all of the requirements as described in Chapter 9 of this Ordinance. 33. Playgrounds. 34. Public safety facilities (fire station, police station, emergency shelter, etc.). 35. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area. 36. Public wayside or roadside park. 37. Religious institutions. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 60 38. Sanitary landfill. 39. Schools (K-12). 40. Skating parks. 41. Skiing and/or snowboarding facilities. 42. Small Arms Firing Range (including skeet and trap shooting ranges) meeting all of the requirements as described in Chapter 9 of this Ordinance. 43. Sport fields/courts. 44. Swimming pools. 45. Winery/Brewery/Other related use provided the product is made on site. c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. C. AGRICULTURE/NATURAL RESOURCE – 10 (ANR-10). 1. Purpose and Intent. The Agriculture/Natural Resource -10 District is established with the intention of promoting the preservation of farmland, a goal established in the Buffalo County Comprehensive Land Use Plan. The purpose of the ANR-10 District is to protect and preserve the historic use of prime soils for agricultural production and raising livestock, with other soil types and steeper slopes protected for natural resource production and harvesting uses such as commercial logging and silviculture. The ANR- 10 District establishes policies intended to ensure the long term stability, productivity, and sustainability of agricultural and natural resource lands and land uses including supporting industries. It is the intent of the ANR-10 zoning district to limit the intrusion of non-agricultural uses and development which can conflict with traditional and contemporary farming operations and practices. Non-farm residents and other users of land in this district may be subject to inconvenience and/or discomfort arising from normal and accepted agricultural practices and operations including but not limited to; noise, odor, dust, operation of machinery, storage and dispersal of manure and the application of; fertilizers, herbicides, soil amendments and pesticides. Owners of property, residents and other users of property should be prepared to accept such farming practices which may generate inconvenience, discomfort and possible injury from normal farming operations, and are hereby officially noticed that the Right to Farm Law (WI Statutes 823.08) may bar them from obtaining legal judgment against such normal farming/agricultural operations. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 61 The maximum non-farm dwelling density allowed in the ANR-10 District is established at one (1) dwelling per ten (10) acres of land owned under a single deed. A non-farm dwelling shall have a minimum setback of two hundred fifty (250) feet from any existing feedlot, manure storage structure or livestock confinement structure with a capacity of fifty (50) animal units or more. a. Permitted Uses: 1. Accessory Dwelling meeting all of the requirements as described in Chapter 9 of this Ordinance. 2. Accessory uses: a. A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. b. Home Occupations, as defined in Chapter 9 of this Ordinance. c. Home Business, as defined in Chapter 9 of this Ordinance. d. Roadside Stands, temporary seasonal roadside sales of agriculture products primarily produced on the premises. e. Tourist Rooming House. 3. Agricultural uses conducted for the purpose of producing an income or livelihood: a. Agronomic crop production b. Apiculture c. Aquaculture and/or fish hatcheries d. Dairying e. Fallow land f. Floriculture g. Grazing h. Greenhouses i. Hatcheries j. Horticultural crop production k. Nursery, sod, and Christmas tree production l. Raising livestock m. Silviculture n. Viticulture 4. One (1) additional dwelling unit either a manufactured or modular dwelling for a parent or child of a farm owner or for persons earning a substantial part of their livelihood on the farm. The additional dwelling must meet all applicable setback, lot size and spacing requirements in the event it is sold in the future. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 62 5. Public utilities. 6. Recreational Dwelling meeting all of the requirements as described in Chapter 9 of this ordinance. 7. Single Family Dwelling. 8. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted nonmetallic mine, duration not to exceed one hundred twenty (120) days meeting all of the requirements as described in Chapter 9 of this Ordinance. 9. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the requirements as described in Chapter 9 of this Ordinance. 10. Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place, or that are authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use. 11. Undeveloped natural resource and open space areas, and associated conservation practices. a. Hunting, fishing, trapping, and consumption of naturally replenishing resources. b. Conditional Uses: 1. Agriculture related uses, all uses listed below shall maintain a minimum setback of four hundred (400) feet from any residential district or residential lot. a. Animal hospitals that primarily service livestock. b. Animal slaughtering and/or butchering establishments. c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed directly to farms d. Facilities primarily engaged in sale and servicing of farm vehicles or other farm equipment. e. Facilities primarily engaged in providing agronomic or veterinary services to farms. f. Food processing plants that process raw agricultural commodities received from farms. g. Grain warehouses, potato warehouses, or other warehouses that store raw agricultural commodities received from farms. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 63 h. Mills or rendering plants that process raw agricultural commodities or agricultural by-products received directly from farms, or supply animal feed directly to farms 2. Airports, air strips, or landing fields. 3. Arboretums. 4. Assisted living facilities. 5. Bed and Breakfast Establishment meeting all of the requirements as described in Chapter 9 of this Ordinance. 6. Blacksmiths. 7. Campground with twenty (20) sites of less. Additional sites may be allowed per Board of Adjustment variance. 8. Captive Wildlife Operations meeting all of the requirements as described in Chapter 9 of this Ordinance. 9. Cemeteries and/or memorial gardens. 10. Commercial grain drying operation. 11. Commercial Outdoor Entertainment/Recreation meeting all of the requirements as described in Chapter 9 of this Ordinance. 12. Commercial Riding Stables meeting all of the requirements as described in Chapter 9 of this Ordinance. 13. Communication Towers over one hundred (100) feet in height, including all ancillary equipment. 14. Community centers. 15. Convention centers, exhibition halls, and/or similar facilities. 16. Driving ranges. 17. Fur Farms meeting all of the requirements as described in Chapter 9 of this Ordinance. 18. Game farms meeting ATCP standards. 19. Golf courses. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 64 20. Government uses and facilities. 21. Health care facilities. 22. Home or Farm Based Business that are owned and operated by a resident occupant which is secondary to the use of the premises, provided that the criteria in Chapter 9 of this Ordinance are met. 23. Kennels meeting all of the requirements as described in Chapter 9 of this Ordinance. 24. Land alteration over one acre for non-agricultural purposes. 25. Libraries. 26. Livestock confinement structure or area intended to house or to expand over two hundred fifty (250) animal units. 27. Mini Warehouse Storage Facility. 28. Museums. 29. Nonprofit, and/or charitable organizations and facilities. 30. Parks. 31. Penal / correctional institutions. 32. Permanent Sawmills meeting all of the requirements as described in Chapter 9 of this Ordinance. 33. Playgrounds. 34. Public safety facilities (fire station, police station, emergency shelter, etc.). 35. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area. 36. Public wayside or roadside park. 37. Religious institutions. 38. Sanitary landfill. 39. Schools (K-12). 40. Skating parks. 41. Skiing and/or snowboarding facilities. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 65 42. Small Arms Firing Range (including skeet and trap shooting ranges) meeting all of the requirements as described in Chapter 9 of this Ordinance. 43. Sports fields/courts. 44. Swimming pools. 45. Winery/Brewery/Other related use provided the product is made on site. c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. D. AGRICULTURE/NATURAL RESOURCE – 5 (ANR- 5). 1. Purpose and Intent. The Agriculture/Natural Resource -5 District is established to allow a higher density of development on lands which will have a limited potential for impact on agricultural or natural resource production. It is also intended that the district promote the preservation of farmland, a goal established in the Buffalo County Comprehensive Land Use Plan. The purpose of the ANR- 5 District is to protect and preserve the historic use of prime soils for agricultural production and raising livestock, with other soil types and steeper slopes protected for natural resource production and harvesting uses such as commercial logging and silviculture. The ANR- 5 District establishes policies intended to ensure the long term stability, productivity, and sustainability of agricultural and natural resource lands and land uses including supporting industries. It is the intent of the ANR- 5 zoning district to moderately limit the intrusion of non- agricultural uses and development which can conflict with traditional and contemporary farming operations and practices. Non-farm residents and other users of land in this district may be subject to inconvenience and/or discomfort arising from normal and accepted agricultural practices and operations including but not limited to; noise, odor, dust, operation of machinery, storage and dispersal of manure and the application of; fertilizers, herbicides, soil amendments and pesticides. Owners of property, residents and other users of property should be prepared to accept such farming practices which may generate inconvenience, discomfort and possible injury from normal farming operations, and are hereby officially noticed that the Right to Farm Law (WI Statutes 823.08) may bar them from obtaining legal judgment against such normal farming/agricultural operations. The maximum non-farm dwelling density allowed in the ANR-5 District is established at one (1) dwelling per five (5) acres of land owned under a single deed. A non-farm dwelling shall have a minimum setback of two hundred fifty (250) feet from any existing feedlot, manure storage structure or livestock confinement structure with a capacity of fifty (50) animal units or more. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 66 a. Permitted Uses: 1. Accessory Dwelling meeting all of the requirements as described in Chapter 9 of this Ordinance. 2. Accessory uses: a. A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. b. Home Occupations, as defined in Chapter 9 of this Ordinance. c. Home Business, as defined in Chapter 9 of this Ordinance. d. Roadside Stands, temporary seasonal roadside sales of agriculture products primarily produced on the premises. e. Tourist Rooming House. 3. Agricultural uses conducted for the purpose of producing an income or livelihood: a. Agronomic crop production b. Apiculture c. Aquaculture and/or fish hatcheries d. Dairying e. Fallow land f. Floriculture g. Grazing h. Greenhouses i. Hatcheries j. Horticultural crop production k. Nursery, sod, and Christmas tree production l. Raising livestock m. Silviculture n. Viticulture 4. One additional dwelling unit either a manufactured or modular dwelling for a parent or child of a farm owner, or for persons earning a substantial part of their livelihood on the farm. The additional dwelling must meet all applicable setback, lot size and spacing requirements in the event it is sold in the future. 5. Public utilities. 6. Recreational Dwelling meeting all of the requirements as described in Chapter 9 of this Ordinance. 7. Single Family Dwelling, duplexes. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 67 8. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted nonmetallic mine, duration not to exceed one hundred twenty (120) days meeting all of the requirements as described in Chapter 9 of this Ordinance. 9. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the requirements as described in Chapter 9 of this Ordinance. 10. Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place, or that are authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use. 11. Undeveloped natural resource and open space areas, and associated conservation practices. a. Hunting, fishing, trapping, and consumption of naturally replenishing resources. b. Conditional Uses: 1. Agricultural related uses, all uses listed below shall maintain a minimum setback of five hundred (500) feet from any residential district or residential lot. a. Animal hospitals that primarily service livestock. b. Animal slaughtering and/or butchering establishments. c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed directly to farms. d. Facilities primarily engaged in sale and servicing of farm vehicles or other farm equipment. e. Facilities primarily engaged in providing agronomic or veterinary services to farms. f. Food processing plants that process raw agricultural commodities received from farms. g. Grain warehouses, potato warehouses, or other warehouses that store raw agricultural commodities received from farms. h. Mills or rendering plants that process raw agricultural commodities or agricultural by-products received directly from farms, or supply animal feed directly to farms. 2. Airports, air strips, or landing fields. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 68 3. Arboretums. 4. Assisted living facilities. 5. Bed and Breakfast Establishment meeting all of the requirements as described in Chapter 9 of this Ordinance. 6. Blacksmiths. 7. Campgrounds with twenty (20) sites or less. Additional sites may be allowed per Board of Adjustment variance. 8. Captive Wildlife Operations meeting all of the requirements as described in Chapter 9 of this Ordinance. 9. Cemeteries and/or memorial gardens. 10. Commercial grain drying operation. 11. Commercial Outdoor Entertainment/Recreation meeting all of the requirements as described in Chapter 9 of this Ordinance. 12. Communication Towers over one hundred (100) feet in height, including all ancillary equipment. 13. Community centers. 14. Convention centers, exhibition halls, and/or similar facilities. 15. Driving ranges. 16. Fur Farms meeting all of the requirements as described in Chapter 9 of this Ordinance. 17. Game farms meeting ATCP standards. 18. Golf courses. 19. Government uses and facilities. 20. Health care facilities. 21. Home or Farm Based Businesses that are owned and operated by a resident occupant which is secondary to the use of the premises, provided that the criteria in Chapter 9 of this Ordinance are met. 22. Kennels meeting all of the requirements as described in Chapter 9 of this Ordinance. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 69 23. Land alteration over one acre for non-agricultural purposes. 24. Libraries. 25. Livestock confinement structure or area intended to house or to expand over two hundred fifty (250) animal units. 26. Mini Warehouse Storage Facility. 27. Museums. 28. Nonprofit, and/or charitable organizations and facilities. 29. Parks. 30. Penal/correctional institutions. 31. Permanent Sawmills meeting all of the requirements as described in Chapter 9 of this Ordinance. 32. Playgrounds. 33. Public safety facilities (fire station, police station, emergency shelter, etc.). 34. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area. 35. Public wayside or roadside park. 36. Religious institutions. 37. Sanitary landfill. 38. Schools (K-12). 39. Skating parks. 40. Skiing and/or snowboarding facilities. 41. Small Arms Firing Range (including skeet and trap shooting ranges) meeting all of the requirements as described in Chapter 9 of this Ordinance. 42. Sport fields/courts. 43. Swimming pools. 44. Winery/Brewery/Other related use provided the product is made on site. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 70 c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. E. AGRICULTURE/NATURAL RESOURCE TRANSITION – 5 (ANRT- 5). 1. Purpose and Intent. The Agriculture/Natural Resource Transition -5 District is intended to allow a higher density of development on lands transitioning from agriculture. The ANRT-5 District is established as a transitional district recognizing areas that are transitioning from agricultural to more residential uses. To encourage the transition a limit on animal units within any single structure or combination of structures is limited. A new feedlot or animal confinement structure or combination of structures, located on the same lot or combination of contiguous lots, shall contain or confine no more than twenty-five (25) animal units. An existing feedlot or confinement structure/operation shall not expand to over twenty-five (25) animal units. Non-farm residents and other users of land in this district may be subject to inconvenience and/or discomfort arising from normal and accepted agricultural practices and operations including but not limited to; noise, odor, dust, operation of machinery, storage and dispersal of manure and the application of; fertilizers, herbicides, soil amendments and pesticides. Owners of property, residents and other users of property should be prepared to accept such farming practices which may generate inconvenience, discomfort and possible injury from normal farming operations, and are hereby officially noticed that the Right to Farm Law (WI Statutes 823.08) may bar them from obtaining legal judgment against such normal farming/agricultural operations. The maximum non-farm dwelling density allowed in the ANRT-5 District is established at one (1) dwelling per five (5) acres of land owned under a single deed. A non-farm dwelling shall have a minimum setback of two hundred fifty (250) feet from any existing feedlot, manure storage structure or livestock confinement structure with a capacity of twenty-five (25) animal units or more. a. Permitted Uses: 1. Accessory Dwelling meeting all of the requirements as described in Chapter 9 of this Ordinance. 2. Accessory uses: a. A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. b. Home Occupations, as defined in Chapter 9 of this Ordinance. c. Home Business, as defined in Chapter 9 of this Ordinance. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 71 d. Roadside Stands, temporary seasonal roadside sales of agriculture products primarily produced on the premises. e. Tourist Rooming House. 3. Agricultural uses conducted for the purpose of producing an income or livelihood: a. Agronomic crop production b. Apiculture c. Aquaculture and/or fish hatcheries d. Dairying e. Fallow land f. Floriculture g. Grazing h. Greenhouses i. Hatcheries j. Horticultural crop production k. Nursery, sod, and Christmas tree production l. Raising livestock m. Silviculture n. Viticulture 4. One (1) additional dwelling unit either a manufactured or modular dwelling for a parent or child of a farm owner, or for persons earning a substantial part of their livelihood on the farm. The additional dwelling must meet all applicable setback, lot size and spacing requirements in the event it is sold in the future. 5. Public utilities. 6. Recreational Dwelling meeting all of the requirements as described in Chapter 9 of this Ordinance. 7. Single Family Dwelling, duplexes. 8. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted nonmetallic mine, duration not to exceed one hundred twenty (120) days meeting all of the requirements as described in Chapter 9 of this Ordinance. 9. Temporary Sawmills, duration not to exceed ninety (90) days meeting all of the requirements as described in Chapter 9 of this Ordinance. 10. Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specific place, or that are authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use. 11. Undeveloped natural resource and open space areas, and associated conservation practices. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 72 a. Hunting, fishing, trapping, and consumption of naturally replenishing resources. b. Conditional Uses: 1. Agricultural related uses, all uses listed below shall maintain a minimum setback of five hundred (500) feet from any residential district or residential lot. a. Animal hospitals that primarily service livestock. b. Animal slaughtering and/or butchering establishments. c. Facilities that provide farm inputs such as fertilizer, pesticides, seed, or feed directly to farms. d. Facilities primarily engaged in sale and servicing of farm vehicles or other farm equipment. e. Facilities primarily engaged in providing agronomic or veterinary services to farms. f. Food processing plants that process raw agricultural commodities received from farms. g. Grain warehouses, potato warehouses, or other warehouses that store raw agricultural commodities received from farms. h. Mills or rendering plants that process raw agricultural commodities or agricultural by-products received directly from farms, or supply animal feed directly to farms. 2. Airports, air strips, or landing fields. 3. Arboretums. 4. Assisted living facilities. 5. Bed and Breakfast Establishment meeting all of the requirements as described in Chapter 9 of this Ordinance. 6. Blacksmiths. 7. Campgrounds with twenty (20) sites or less. Additional sites may be allowed per Board of Adjustment variance. 8. Captive Wildlife Operations meeting all of the requirements as described in Chapter 9 of this Ordinance. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 73 9. Cemeteries and/or memorial gardens. 10. Commercial grain drying operation. 11. Commercial Outdoor Entertainment/Recreation meeting all of the requirements as described in Chapter 9 of this Ordinance. 12. Communication Towers over one hundred (100) feet in height, including all ancillary equipment. 13. Community centers. 14. Convention centers, exhibition halls, and/or similar facilities. 15. Driving ranges. 16. Fur Farms meeting all of the requirements as described in Chapter 9 of this Ordinance. 17. Game farms meeting ATCP standards. 18. Golf courses. 19. Government uses and facilities. 20. Health care facilities. 21. Home or Farm Based Businesses that are owned and operated by a resident occupant which is secondary to the use of the premises, provided that the criteria in Chapter 9 of this Ordinance are met. 22. Kennels meeting all of the requirements as described in Chapter 9 of this Ordinance. 23. Land alteration over one acre for non-agricultural purposes. 24. Libraries. 25. Livestock confinement structure or area intended to house or to expand over two hundred fifty (250) animal units. 26. Mini Warehouse Storage Facility. 27. Museums. 28. Nonprofit, and/or charitable organizations and facilities. 29. Parks. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 74 30. Penal / correctional institutions. 31. Permanent Sawmills meeting all of the requirements as described in Chapter 9 of this Ordinance. 32. Playgrounds. 33. Public safety facilities (fire station, police station, emergency shelter, etc.). 34. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area. 35. Public wayside or roadside park. 36. Religious institutions. 37. Sanitary landfill. 38. Schools (K-12). 39. Skating parks. 40. Skiing and/or snowboarding facilities. 41. Small Arms Firing Range (including skeet and trap shooting ranges) meeting all of the requirements as described in Chapter 9 of this Ordinance. 42. Sport fields/courts. 43. Swimming pools. 44. Winery/Brewery/Other related use provided the products is made on site. c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. F. RESIDENTIAL (R) 1. Purpose and Intent. The Residential District is created to establish and protect the essential characteristics of areas within which predominantly high density residential development not served by public sewer and water facilities should occur, along with certain community and recreational uses to serve the residents of the district. A minimum lot size of one (1) acre is established for areas of the district not served by public sewer facilities provided the lot has adequate soils and area for two (2) waste treatment systems. Additionally, this district can be utilized in areas served by public sewer facilities in which case a minimum lot size of point twenty-five (.25) acres is required. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 75 a. Permitted Uses: 1. Accessory buildings. 2. Home Occupations meeting requirements in Chapter 9 of this Ordinance. 3. Household pets. 4. Public utilities. 5. Single-Family Dwellings, duplexes. b. Conditional Uses: 1. Bed and Breakfast Establishment meeting all of the requirements as described in Chapter 9 of this Ordinance 2. Communication Towers over thirty-five (35) feet. 3. Community centers. 4. Condominiums or apartment buildings. 5. Halfway houses or group homes. 6. Home Businesses meeting requirement in Chapter 9 of this Ordinance. 7. Libraries. 8. Manufactured Home Communities meeting requirement in Chapter 9 of this Ordinance 9. Multi-family dwellings. 10. Parks. 11. Playgrounds. 12. Public safety facilities (fire station, police station, emergency shelter, etc.). 13. Religious institutions. c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 76 G. CONSERVATION (CONS). 1. Purpose and Intent. The Conservation District primarily consists of County, State, and Federally owned lands established to protect and preserve the natural state of certain areas such as low-land swamps, marshes, wetlands, stream beds, slopes, bluffs, wooded areas, water areas and other areas of aesthetic value for the benefit of this and future generations. Development of these areas is discouraged but not prohibited unless federal, state or local ordinances that prohibit development regulate the areas. a. Permitted Uses: 1. Arboretums. 2. Cemeteries. 3. Churches. 4. Conservation structures. 5. Dugout ponds and level ditches. 6. Fire control structures. 7. Flood overflow and movement of water. 8. Forest preserves, forestry and the production of forest products. 9. Forestry and game management. 10. Grazing. 11. Hiking trails. 12. Hunting, fishing, and/or wildlife preserve; or other historic/scientific areas. 13. Navigation. 14. Parks. 15. Passive recreation (hiking, picnicking, bird watching, community gardening, etc.). 16. Public utilities. 17. Public properties. 18. Town, County, State, Federal facilities. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 77 19. Water-related recreational uses (fishing, boating, swimming, wading, beaches, etc.). 20. Wild crop harvesting, including marsh hay, moss, ferns, wild rice, berries, fruit, nuts, and seeds. 21. Winter-related recreational uses (ice skating, sledding, skiing, snowboarding, etc.). b. Conditional Uses: All of the uses listed below, as well as any structures accompanying otherwise permitted uses, shall require a conditional use permit. 1. Archery ranges. 2. Bath houses. 3. Camps. 4. Campgrounds. 5. Conservation organizations. 6. Conservatories. 7. Dams, flowages and hydroelectric power. 8. Government operated mines, quarries and gravel pits. 9. Equine-related activities (riding academy, polo field, etc.). 10. Major utilities. 11. Nature centers. 12. Playgrounds. 13. Small Arms Firing Ranges. 14. Zoological and botanical gardens. c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. H. COMMERCIAL (C). 1. Purpose and Intent. The Commercial District is created to establish and protect locations in which a wide variety of compatible commercial uses can be located. Within this district, residential development and heavy manufacturing uses are not permitted in the interest of furthering the livelihood of the permitted retail commercial uses and protecting uses from the effects of incompatibility. A minimum lot size of one (1) acre is established for areas of the district not served by public sewer facilities provided the lot has adequate soils and area for two (2) waste treatment systems. In areas served by public sewer facilities a minimum lot size of point twenty-five (.25) acres is required. a. Permitted Uses: 1. Accessory Dwelling. 2. Appliances, computers, or electronics-sales and/or services. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 78 3. Automotive sales less than twenty (20) vehicles. 4. Artistic/creative schools, studios, and/or shops (dance, music, photography, etc.). 5. Building or yard – sales and/or services for development, maintenance, or improvement. 6. Clothing, footwear, or personal accessories – sales and/or services. 7. Collectibles – sales and/or services (antiques, books, music, models, etc.). 8. Communication enterprises (newspaper office, radio station, etc.). 9. Day-care facilities or pre-schools. 10. Financial institutions or services (banks, credit unions, financial planners, etc.). 11. Fitness or sports – sales and/or services (fitness center, yoga, martial arts, sporting goods, bicycle shop, etc.). 12. Florist and/or gift shops. 13. Food and drink – sales, packaged, without alcohol (convenience store, market, deli, coffee shop, etc.). 14. Food and drink – sales prepared, with alcohol (restaurant, caterer, tavern, etc.). 15. Furniture or interior accessories – sales and/or services. 16. General retail sales. 17. Health care sales and/or services (clinics, optometrists, dentists, pharmacies, etc.). 18. Indoor maintenance. 19. Internet cafés. 20. Laundromats, dry cleaning. 21. Lodges, meeting halls, offices of labor organizations, or similar facilities. 22. Mini-Warehouse Storage Facilities meeting the requirements in Chapter 9 of this Ordinance. 23. Motor vehicle sales and/or services without fuel storage tanks. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 79 24. Office support and/or supplies. 25. Outfitters, Guiding Services with or without lodging. 26. Personal grooming or therapeutic body work—sales and/or services (salon, spa, etc.). 27. Pet shops. 28. Professional offices (attorney, realtor, insurance agent, etc.). 29. Public and private parking. 30. Public utilities. 31. Retail sales. 32. Restaurants, but not including drive-in restaurants. 33. Theater (indoor only). 34. Travel bureau services. 35. Veterinary services, without outside runs. b. Conditional Uses: 1. Automotive service station, convenience store (with or without fuel sales). 2. Automotive repair service. 3. Automotive sales over twenty (20) vehicles and service. 4. Bottled gas storage and distribution. 5. Campgrounds. 6. Construction and/or contracting businesses, or lumber yards. 7. Cultural facilities (library, museum, indoor theater, community center, etc.). 8. Department stores. 9. Drive-Ins serving food or beverages for consumption outside the structure. 10. Food and drink—sales, packaged, with alcohol (convenience store, market, deli, coffee shop etc.). Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 80 11. Full veterinarian services, outside runs. 12. Funeral homes and/or crematories, provided all principal structures and uses are not less than twenty-five (25) feet from any lot line. 13. Greenhouses or similar growing facilities. 14. Lodging facilities (hotel, motel, etc.). 15. Motor vehicle fuel sales and/or services, provided all fuel pumps are not less than 30 feet from any side or rear lot line and twenty (20) feet from any existing or proposed road right-of-way line. 16. Outdoor theaters. 17. Parks and playgrounds. 18. Printing, lithograph, photo engraving, etc. 19. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area. 20. Recreation-private indoor (small arms firing range, bowling alley, dance hall, arcade, etc.). 21. Recreation-private outdoor (driving range, miniature golf, etc.). 22. Tattoo and/or piercing establishments. 23. Wine, liquor, and/or fermented malt beverage—production. c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. I. INDUSTRIAL (I). 1. Purpose and Intent. The purpose of the district is to accommodate a heavy volume of traffic, the potential need for rail access to lots and the presence of noise and other factors which could pose a nuisance in other districts. The intensity and use of land as permitted in this district is intended to facilitate the total range of industrial uses. The district is also designed to accommodate warehouse and limited commercial uses. A minimum lot size of one (1) acre is established for areas of the district not served by public sewer facilities provided the lot has adequate soils and area for two (2) waste treatment systems. In areas served by public sewer facilities a minimum lot size of point twenty-five (.25) acres is required. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 81 a. Permitted Uses: 1. Accessory Dwelling. 2. Blacksmiths. 3. Building material sales, lumberyard. 4. Commercial radio or television transmitting antenna towers or other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages. 5. Contractor and/or construction offices, shops, and/or yards (building, cement, electrical, heating, ventilating and air conditioning, masonry, lumber, painting, plumbing, refrigeration, roofing, etc.). 6. Distribution businesses. 7. Emergency services or shelters. 8. Feed mills. 9. Industry, light. 10. Machinery rental, sales, and/or services. 11. Machine shops, metal products manufacture, and/or tool and die shops. 12. Manufacturing, assembling, fabricating, packaging, processing, repairing, servicing, cleaning, storing, refining, distilling, condensing, bottling, baking, canning, preserving, or testing any legal food, beverage, material, organic substance, device, component, or consumer good. 13. Meeting halls and/or offices of labor organizations. 14. Monument stone cutting. 15. Motor vehicle services and sales. 16. Pattern shops. 17. Plating operations (electroplating, chrome plating, gilding, galvanizing, etc.). 18. Printing, binding, fulfillment, and/or lithography facilities. 19. Professional or business offices. 20. Propane distribution site. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 82 21. Public safety facilities (fire station, police station, emergency shelter, etc.). 22. Public utilities. 23. Road test facilities. 24. Sign painting. 25. Slaughterhouses. 26. Soldering and/or welding shops. 27. Temporary Concrete or Asphalt Plant operated in conjunction with a permitted nonmetallic mine, duration, not to exceed one hundred twenty 120 days meeting all of the requirements as described in Chapter 9 of this Ordinance. 28. Trade schools and/or training facilities. 29. Truck terminals and freight houses. 30. Warehousing/distribution. 31. Warehouses, lockers, or cold storage facilities. 32. Wine, liquor, and/or fermented malt beverage—production. b. Conditional Uses: 1. Airports, air strips, or landing fields, provided the site is not less than 20 acres. 2. Animal hospitals. 3. Bottling plant. 4. Clothing manufacture. 5. Concrete or Asphalt Plants meeting the requirements in Chapter 9 of this Ordinance. 6. Crematories. 7. Data Centers 8. Dry-cleaning plants and/or laundries. 9. Enameling. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 83 10. Industry, heavy. 11. Industrial sand mining. 12. Machine shop, welding, metal fabrication, processing and welding. 13. Manufacturing, assembling, fabricating, packaging, processing, repairing, servicing, cleaning, storing, refining, distilling, condensing, bottling, baking, canning, preserving, or testing any legal chemical or fuel product. 14. Non-metallic mining for construction aggregate and or industrial silica sand meeting the requirements of State Statutes 91.46(6) and the requirements of Chapter 20 of this Ordinance. 15. Paper and wood product manufacturing and storage. 16. Paving batch plant for cement, asphalt and related materials. 17. Penal/correctional institutions. 18. Public utilities requiring structures exceeding one hundred (100) sq. ft. in area. 19. Recreational facilities, indoor (small arms firing ranges, skating rinks, swimming pools, athletic courts, etc.). 20. Rendering plant. 21. Research laboratories. 22. Salvage Operations meeting the requirements in Chapter 9 of this Ordinance. 23. Sawmills meeting the requirements in Chapter 9 of this Ordinance. 24. Stockyards. 25. Transportation terminals for passengers and/or freight (bus, heliport, tax, rail, etc.). 26. Uses generating more than two hundred (200) vehicle trips per day. 27. Waste storage, treatment, or recycling facilities. 28. Water filtration plants. 29. Waste disposal facilities. c. Prohibited Uses: 1. Any use not specifically listed as a permitted or conditional use. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 85 CHAPTER 8 ZONING DISTRICT REQUIREMENTS & ZONING MAPS 1. Zoning District Requirements Table. Zoning Districts Min. Lot Area (acres) Min. Lot Width-Road Frontage Maximum Non- Farm Dwelling Density per A/NR District Side Yard Setback, Minimum Rear Yard Setback, Minimum Agriculture/Natural Resource – 40 (ANR-40) 2 100 Feet 1 per 40 Acres owned maximum of 4 total 20 Feet 40 Feet Agriculture/Natural Resource – 20 (ANR-20) 2 100 Feet 1 per 20 Acres owned 20 Feet 40 Feet Agriculture/Natural Resource – 10 (ANR-10) 2 100 Feet 1 per 10 Acres owned 20 Feet 40 Feet Agriculture/Natural Resource – 5 (ANR-5) 2 75 Feet 1 per 5 Acres owned 10 Feet 20 Feet Agriculture/Natural Resource Transition – 5 (ANRT-5) 2 75 Feet 1 per 5 Acres owned 10 Feet 20 Feet Residential (R) 1 acre, .25 acres if served by public sewer 75 Feet 50 Feet- Sewered NA 10 Feet 10 Feet Commercial (C) 1 acre, .25 acres if served by public sewer 75 Feet 50 Feet- Sewered NA 10 Feet 20 feet from Residential lot 10 Feet 40 feet from Residential lot Industrial (I) 1 acre, .25 acres if served by public sewer 100 Feet NA 20 Feet 40 feet from Residential lot 20 Feet 40 feet from Residential lot Conservation (CONS) 1 100 Feet NA 10 Feet 10 Feet Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 86 2. Density. One (1) single family dwelling or duplex is permitted per lot, with the exception of dwellings located in a manufactured home community. Lots containing uses other than single family dwellings or duplexes shall not contain more than one principal use and its related principal and accessory structures. 3. Setbacks. A. Structure Setback Requirements. In all Agricultural, Commercial and Industrial Zoning Districts all structures are required to be setback, a minimum, the height of the structure or the setback distance listed in the table above, whichever is greater, from the property lines and from all State, County and Town Highways. B. Measurement. All distances are measured along a horizontal plane from the applicable property line to a foundation or building wall edge of a structure. Setback distances are not measured by following the topography of the land and are the shortest distance between the lot line and the structure. C. Front Yard Setback. The front yard setback shall be the minimum setback required from the adjoining public road, not excluding 3.A above. D. Structure and Use Location. Where a structure or use is proposed to be located or constructed across a property line, or within the required minimum setback, or on a contiguous lot, the two parcels must be replated by certified survey map prior to any permits being issued. 4. Lot Requirements. A. Lot Width/Road Frontage. All lots or parcels upon which a dwelling, commercial or industrial building is to be constructed shall abut upon a public road, street or highway. No lot shall hereafter be so reduced or created so that it does not meet the minimum lot width/road frontage and area requirements of this Ordinance. If access is via a private road, it shall serve no more than four (4) dwellings. If a private road already serves four (4) dwellings, no zoning permits shall be granted for an additional dwelling or dwellings until the private road has been converted to a public road pursuant to procedures set forth in Wisconsin Statutes. A private road shall not serve a multifamily dwelling, a commercial building, or an industrial building. B. Minimum Lot Area. The minimum lot area shall exclude road right-of-ways and calculation of such shall be made as if that portion of the lot was not legally a portion of the description. Only where lot lines end at the right of way of an adjoining highway shall the entire lot be included in the lot area calculation. C. Lot Depth. The depth of a lot shall not exceed six (6) times the width. The depth to width ratio may be increased if approved by the Zoning Administrator (or BOA). The applicant must demonstrate the necessity for a greater depth to width ratio due to topographic or site specific conditions that make it impractical to meet the depth to width ratio requirements. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 87 D. Dimensional Standards. Buffalo County Floodplain, Shoreland, Wetland, and Subdivision Ordinances may prescribe different minimum dimensional standards that this Ordinance. In the event of conflict between a dimensional standard in this Ordinance and a similar requirement in another Buffalo County Ordinance, the more restrictive dimensional standard shall control. No dimensional standard shall be reduced so as to make it less than the minimum required by this Ordinance. If an existing dimension is less than the minimum required, it shall not be further reduced. 5. Lots of Record. Lots created prior to the effective date of this Ordinance shall be deemed a Lot of Record and shall be considered legally buildable even though the lot may not meet the minimum lot area and lot width requirements, provided that the lot is in separate ownership from abutting land, and further provided that the lot is developed with a use that is permitted, and structures meet the minimum setback requirements of the zoning district in which it is located. A. Evidence. Lots of record must be of record in at least one of the following forms to establish the date of the creation of the lot. 1. A recorded land deed, plat, or certified survey map, on file with the Buffalo County Register of Deeds that predated the effective date of this Ordinance, showing the lot in its present form. 2. A deed or land contract on file with the Buffalo County Register of Deeds which predates the effective date of this Ordinance. B. Lot Area Minimum. Minimum lot size for a Lot of Record shall be 20,000 square feet for lots without public sewer, and 10,000 square feet for lots with public sewer. A lot of record which qualifies as a building site may be enlarged through acquisition of adjacent property, but need not comply with the lot area provision of Ch. 8.1. Any lot so enlarged shall not thereafter be reduced below the minimum lot size required in the applicable zoning district. 6. Determination of Uses Not Listed. In any Zoning District, wherever a use is not specifically permitted or denied, the use shall be considered to be prohibited. In such a case, the Zoning Committee, on its own initiative or upon the request of a specific property owner, may conduct an evaluation to determine which zoning district, if any, is most appropriate for the use contemplated or proposed and which, if any, performance standards are appropriate to govern said use. 7. Maximum Residential Density Calculations in the Agriculture/Natural Resource – 20, 10, and 5 Zoning Districts. A. Allowable non-farm dwelling / residential lot density. Allowable residential lot density for property under the same ownership shall be kept on file in the Zoning Office. The number of permitted non-farm dwellings shall be noted on the official density map. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 88 B. Applicability. Maximum non-farm dwelling / residential lot density shall apply to the creation of residential lots in the Agriculture/Natural Resource – 20, 10, and 5 Zoning Districts. C. Number of non-farm dwellings / residential lots. Parcels existing on the effective date of this Ordinance shall not be divided into a number of residential lots which exceeds the allowable number for the Agriculture/Natural Resource – 20, 10, and 5 Zoning Districts. 1. Calculation. The allowable number of residential lots shall be calculated by dividing the size of the tract in acres by the maximum residential density of the District. (Example: A forty-six {46} acre lot in the ANR-10 district results in; forty-six divided by ten equals four point six, 46/10 = 4.6 lots.) 2. Rounding. Any fractional lot number, resulting from the calculation in 7.C.1., which is at least point seventy-five (.75) shall be rounded up to the next whole number. 3. Existing dwelling units. Any dwelling unit, which exists on the effective date of this Ordinance, and is located on a tract of land to be subdivided, shall not count against the maximum residential lot density allowed. 4. Minimum lot size. No lot, parcel or building site shall be created which does not meet the minimum lot area requirements of this Ordinance. D. Transfer of allowable density. The transfer of allowable density from one lot to a contiguous lot under the same ownership is permitted. Such transfer may also be across a public highway to a lot under the same ownership which has opposite frontage. E. All lots to contain allowance for residential use. No lot shall be created which does not carry with it the allowance for at least one (1) dwelling unit under the maximum density calculation unless such lot is permanently deed restricted to nonresidential use. 8. Zoning Maps. A. Zoning districts shall be bounded and defined as shown on the zoning maps prepared by each Town, and approved of by the County Board of Supervisors. The zoning maps shall be entitled, Buffalo County Zoning Districts Map(s), on file in the Buffalo County Zoning Department. B. Interpretation of Zoning District Boundaries. The following rules shall be used to determine the precise location of zoning district boundaries shown on the Buffalo County Zoning Districts Map: 1. Boundaries shown as following or approximately following the limits of any municipal corporation shall be construed as following such limits. 2. Boundaries shown as following or approximately following highways shall be construed as following the centerlines of such highways; in the event of a change in the location of Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 89 such highways, the zoning district boundary shall be construed as moving with the centerline. 3. Boundaries shown as following or approximately following platted lot lines or other property lines as shown on the Buffalo County Real Property Listing Tax Maps shall be construed as following such lines. 4. Boundaries shown as following or approximately 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. 5. Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed in paragraphs one (1) through four (4), shall be construed to be parallel to such features and at such distances therefrom as are shown on the Buffalo County Zoning Districts Map. In the event such boundaries are not parallel or approximately parallel to any of the features listed in paragraphs (1) through (4) the interpretation of district boundaries by the Zoning Administrator shall be conclusive. C. Zoning Map Finalization. To accommodate final revisions to Town Zoning District Maps, the Zoning Administrator may make edits to Town Maps upon the written or verbal request made by a Town Chair or by means or a statement from a Town Board. Town Map revisions will be accommodated as stated above, for a period of ninety (90) days from the date of the adoption of this Ordinance. 9. Structure Height Requirements A. Height Limitations. Except as provided in subs. B, no building, structure or sign shall exceed 35 feet in height, ‘height’ as determined in the ‘Structure Height’ definition. Accessory structures in the Residential zoning district may not exceed 24 feet in height. Processing structures for permitted nonmetallic mines may not exceed 75 feet in height. B. Exemptions. The following are exempt from the height requirements of this Chapter. 1. Architectural projections such as; spires, belfries, domes, chimneys, church steeples and cupolas provided that cupolas do not exceed 100 square feet in floor area and are not higher than 10 feet above the adjacent roof ridge, and contain no living quarters. 2. Agricultural Structures such as; silos, barns, and grain storage structures are exempt provided the setback requirements in Section 3, A of this Chapter is met. 3. Special Structures such as; grain elevators, observation towers in recreational area, communication towers, electric transmission poles and towers, and smoke stacks. The height of each such structures shall not exceed the distance of the structure from the nearest lot line. 4. Public or semi-public facilities such as schools, churches, monuments, libraries and government buildings may be granted a variance by the Board of Adjustments to a height Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 90 of 75 feet provided that all required setbacks are increased by not less than one foot for each foot the structure exceeds 35 feet in height. 5. Industrial buildings may be granted a variance by the Board of Adjustments to a height of 75 feet provided the setback requirements in Section 3, A of this Chapter is met. CHAPTER 9 SPECIFIC USES 1. Purpose. The purpose of these requirements is to minimize potential negative impacts from certain specified uses and to promote compatibility between those uses and surrounding uses. 2. Applicability. In addition to complying with other regulations established in this ordinance, these requirements must be met for each specific use as a condition of a zoning permit application approval. 3. Accessory Dwellings. Accessory Dwellings are permitted in the Commercial and Industrial zoning districts, in the ANR 20, 10 & 5 zoning districts, and in the Residential zoning district. A. Standards. The following minimum standards shall apply to accessory dwellings in the Commercial and Industrial zoning districts. 1. Accessory dwellings are only permitted in conjunction with an active and operating business establishment. 2. Occupants of accessory dwellings shall be the owner of the business establishment or an employee thereof. 3. There shall be no more than one accessory dwelling on a lot. 4. The accessory dwelling may be either attached or detached. 5. The setbacks and minimum lot size for an accessory dwelling shall be the required setbacks and minimum lot sizes for structures in those zoning districts. 6. Accessory dwellings shall meet all other provisions and requirements of this Ordinance. 7. Accessory dwellings shall not be a mobile home. 8. Accessory dwellings shall require a zoning permit and shall be in compliance with the Sanitary Ordinance of Buffalo County. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 91 B. Standards. The following minimum standards shall apply to accessory dwellings in the ANR 20, 10, & 5 zoning districts and the Residential zoning district. 1. The area of the accessory dwelling shall be no greater than one half the square footage of the principal dwelling, or exceed 1,000 square feet in area. 2. Accessory dwellings shall not be rented or leased. 3. The owner of the lot/parcel shall occupy the principal dwelling on the property. 4. Accessory dwellings shall be located a minimum of 100 feet from adjacent neighboring dwellings. 5. Accessory dwellings shall not be split off from the parcel of the principal dwelling. 6. The accessory dwelling shall be detached from the principal dwelling. 7. Accessory dwellings shall require a zoning permit and shall comply with the sanitary ordinance of Buffalo County. 4. Bed and Breakfast Establishments. A Bed and Breakfast Establishment is a conditional use in all ANR zoning districts and in the Residential zoning district. A. Standards. The following minimum standards are applicable to bed and breakfast establishments. 1. No premises shall be utilized for a bed and breakfast unless there are at least two (2) exits to the outdoors from such premises. 2. The dwelling in which the bed and breakfast takes place shall be the principal dwelling of the owner or operator and said owner or operator shall live on the premises when the bed and breakfast is active as required under the Wisconsin Administrative Code. 3. The Conditional Use Permit shall not be transferable to another owner. 4. The maximum stay for any occupants of a bed and breakfast establishment shall be thirty- one (31) consecutive days. 5. All such facilities shall be required to obtain a licenses to serve liquor, if applicable. 6. There shall be no more than six (6) rooms available for rent to transient guests. 7. All lot size and other dimensional requirements for single-family dwellings shall be met. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 92 8. No more than one (1) on premise sign shall be permitted and shall not exceed twelve (12) square feet in area. 9. A bed and breakfast shall be located a minimum of one thousand (1,000) feet from any livestock feedlot, one thousand (1,000) feet from any animal waste storage structure and five hundred (500) feet from any structure used for permanent enclosure of livestock, other than that of the bed and breakfast owner. 10. The owner or his agent shall apply for and be issued a zoning permit allowing the operation of a bed and breakfast. 11. The bed and breakfast shall be serviced by a private on-site wastewater treatment system that is in compliance with all requirements of the Buffalo County Sanitary Ordinance. 12. The number of vehicles allowed on site is limited to the number of bedrooms. On-street parking is prohibited. No recreational vehicles or camping units may be used for living or sleeping purposes in conjunction with a bed and breakfast. 13. The owner/occupant shall abide by all regulations and requirements of the Buffalo County Health Department. 14. Each area and room designated or used for sleeping shall have at least one (1) means of exit to the exterior, by door or egress window. If a room does not meet these qualifications, a sign shall be posted notifying occupants that the room shall not be used for sleeping due to lack of safe egress. Basement areas designed or used for sleeping shall have at least two (2) exits to the exterior, by door or egress window. If a basement does not meet these qualifications, a sign shall be posted notifying occupants that the room shall not be used for sleeping due to lack of safe egress. 15. Shall have functional smoke detectors, carbon monoxide detector, and fire extinguisher in accordance with the requirements of Chapter SPS 362 of the Wisconsin Administrative Code. 16. Shall have proof of insurance against claims of personal injury and property damage for a bed and breakfast, commercial rental operation. 17. A bed and breakfast establishment that; generates excessive noise complaints, where excessive response is required from law enforcement, has poor property care and maintenance, is noncompliant with ATCP 73 or has other issues that may be deemed a nuisance to neighboring properties, will have its zoning permit revoked. 18. One (1) or two (2) family dwellings (cottages, cabins, homes) built after June 1, 1980 are required to meet the Uniform Dwelling Code standards. You may be required to provide a Building Inspection Report to the Zoning Department as part of the application process. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 93 5. Campgrounds. A. Permitting Requirements. Campgrounds with twenty (20) campsites or less shall require the issuance of a conditional use permit. Campgrounds with over twenty (20) campsites shall require the issuance of a variance by the Board of Adjustment. In considering such petitions, the Board shall evaluate the proposed campground location or expansion and shall consider such evidence bearing upon the general purpose and intent of this Ordinance to promote the public health, safety, and general welfare and the privacy and property values of neighboring lands so far as it is consistent with the public interest. B. Campground Requirements. 1. Campground Plan. All applicants for new campgrounds and expansions of existing campgrounds shall submit a site plan to the Zoning Department. The site plan shall be drawn to scale and include the following information: a. All utilities such as, but not limited to, stormwater, sanitary, electrical, cable, telephone and water. b. Locations of all proposed buildings and other structures incidental to the campground operation, such as, but not limited to, well houses, laundry facilities, shelters, sanitary facilities, office and storage buildings. c. Interior roadways, adjacent or abutting roads, access points, and parking areas within the campground. d. All campsite boundaries and the designated location of camping units. e. All private roadways and/or right-of-ways including appropriate setbacks. f. All natural features including any wetlands, navigable waters, drainage patterns and floodplain boundaries. g. Proposed types of landscape plantings and proposed recreation areas. C. Campground Standards. 1. The minimum campground size in area is ten (10) acres. 2. The maximum number of campsites is ten (10) per acre. 3. The minimum area of a campsite is two thousand (2,000) square feet. 4. There shall be two (2) off-street parking spaces for each campsite. 5. All campsites shall maintain a minimum setback of fifty (50) feet from all property line boundaries. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 94 6. All campsites shall be located on well drained soils or graded to prevent the accumulation of stormwater. 7. Campsites shall not be located in the floodplain. 8. Exposed ground surfaces in parking areas shall be paved or covered with gravel or other solid material to prevent soil erosion. 9. Access to campgrounds shall be designed to minimize congestion and hazards at entrances and exits, all roads within the campground shall be graded and maintained to provide drainage. 10. Campgrounds shall be screened by means of a vegetative buffer or fence along all perimeter property lines. This requirement may be waived by the Board of Adjustment if existing vegetation is deemed adequate. 11. Porches, lean-tos or additions shall not be constructed onto or immediately adjacent to a camping unit. Canvas screen rooms or awnings shall be allowed. 12. Mobile homes and manufactured homes are not allowed in campgrounds. 13. A faucet supplying water which is under pressure and which is safe for human consumption shall be located not more than four hundred (400) feet from any individual campsite and not within fifty (50) feet of a sanitary station. 14. Campgrounds shall be kept free of camper generated litter, rubbish and other flammable materials. 15. Each campsite shall have a designated location designed for outdoor cooking and or campfires and fires shall not be allowed outside the designated area. 16. Campgrounds shall be served by an approved and adequately sized private on-site wastewater treatment system. 17. Exterior faucet facilities shall be designed and constructed to capture and drain excess water. 18. All refuse containers shall be fly and rodent proof, water tight and sufficient to serve the needs of all campground users. 19. Campgrounds shall have a suitable building(s) for housing lavatories, showers, sinks, etc. The building shall not be located closer than thirty (30) feet to any campsite and shall be adequately lighted, screened and ventilated. Floors shall be constructed of concrete, tile or similar impervious surface and drained by means of a floor drain. 20. All building, plumbing, electrical and other work at a campground authorized under this Ordinance shall be in accordance with the provisions and regulations of the WI State Codes. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 95 21. Every campground shall have an office or place of registration where a recording of all campground users is maintained. The recording shall include the names, addresses, dates of arrival and departure, license numbers of all vehicles and the States issuing such licenses. 22. Campgrounds shall be maintained in an orderly and sanitary condition. 23. The maximum continuous stay in a campground is six (6) continuous months. After six (6) months, the campground user and camping unit must vacate the campground for a minimum of two (2) months. The intent of this provision is to ensure that campsites do not become permanent residences. 24. All campsites shall be clearly numbered to aide in the locating of sites by emergency response vehicles and technicians. 25. All campground structures shall require a zoning permit before construction. 26. Campgrounds shall comply with Wis. Stats. Chapter DNR 178 and shall comply with all performance standards and licensing requirements of the Buffalo County Health Department. 6. Campground, Special Event. A. A special event campground over one hundred fifty (150) campsites in size shall require a conditional use permit. B. The permit application shall contain all required information as defined in ATCP 79.26. C. All campsites within the special event campground shall remain a minimum of one hundred (100) feet from all property lines. D. All campsites shall have a minimum of eight hundred (800) square feet in area. E. Portable toilets shall be supplied at a minimum of one toilet for every fifty (50) campground users. 7. Captive Wildlife Operations. A. Standards. 1. All new captive wildlife operations, or expansion of existing operations, shall require the issuance of a conditional use permit that shall expire and require renewal every five (5) years. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 96 2. Confinement areas shall be located a minimum of fifty (50) feet from all property lines and a minimum of two hundred fifty (250) feet from a dwelling or a residential district. 3. Operations shall abide by all requirements of Wis. Stats. Chapter 169 and NR15 pertaining to captive wildlife. 4. Captive wildlife shall be held under sanitary conditions, receive humane treatment, and receive adequate care, housing and food. 5. Applicants shall obtain from the DNR a Captive Wild Animal Farm License and abide by DNR wildlife pen specifications. 6. Operations shall abide by Chapter ATCP 10 and Wis. Stats. Chapter 95, Animal Health. 7. Captive cervid operations shall obtain licensure from DATCP. 8. Captive cervid operations shall obtain a Deer Farm Fence Certificate from the DNR. 9. Captive cervid operations shall maintain two (2) perimeter containment fences with a minimum height of eight (8) feet and with a minimum separation distance of eight (8) feet. 10. Owners of captive cervid operations shall be registered by DATCP as a Farm Raised Deer Keeper. 8. Commercial Outdoor Entertainment/Recreation. A. Standards. The following minimum standards are applicable to commercial outdoor entertainment/recreation facilities. 1. All outdoor entertainment areas, including all structures such as buildings and fencing, different activity areas, sanitary and waste disposal facilities, means of access, and screening shall be clearly indicated on a site plan included with the application for a conditional use permit. 2. No outdoor entertainment area shall be open later than 10:00 p.m. unless modified as part of a conditional use petition. 3. If alcoholic beverages will be served in the outdoor entertainment area, proof that an applicable liquor license covering that area must be submitted to the Zoning Administrator prior to the issuance of a zoning permit. 4. Provisions for safe, ample parking shall be specified in the conditional use permit application. The location of the outdoor entertainment area shall not reduce the number of parking spaces below the minimum number of spaces required by this Ordinance, for all principal and accessory uses combined. Buffalo County Zoning Ordinance Revision – Adopted 7/23/2018 97 5. Race track facilities shall be located a minimum of two thousand (2,000) feet from any residential zoning district and five hundred (500) feet from any dwelling. 6. All outdoor entertainment areas shall be physically separated from vehicle circulation areas by a fence, raised curb, planters, or other barrier. 7. Amplification devices may be placed within or directed toward the outdoor entertainment area for the purposes of playing music or spoken words, subject to the following standards: a. No amplified music may be played between the hours of 10:00 p.m. and 10:00 a.m. b. Amplification devices and live music staging areas shall be located within fifty (50) feet of the principal structure and shall be a minimum of fifty (50) feet from any property lines. c. Except for occasional events not occurring more than three times

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Source: Buffalo County website. First collected Oct 14, 2026.