SUBTITLE I. ZONING REGULATIONS 18.01 Purpose, Intent and Nature Of
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Title 18 ZONING Chapters: SUBTITLE I. ZONING REGULATIONS 18.01 Purpose, Intent and Nature of the Zoning Code 18.02 Rules and Definitions 18.03 General Provisions 18.04 A-l Exclusive Agricultural District 18.05 A-2 Agriculture-Residential District 18.06 A-R Floating Agricultural-Residential District 18.07 R-H Rural Homes District 18.08 R-l-L Single-family Residential District, Large Lot 18.09 R-l-M Single-family Residential District 18.10 R-2 Two-family Residential District 18.11 R-3 Multiple-family Residential District 18.12 C-l Neighborhood Business District 18.13 C-2 General Business District 18.14 C-3 Highway Business District 18.15 I-l Nonsewered Industrial District 18.16 I-2 Sewered Industrial District 18.17 F-l Exclusive Forestry District 18.18 F-2 Forestry District 18.20 Floodplain Overlay District 18.21 Conditional Uses 18.22 Highway Access and Setbacks 18.23 Home Occupations, Home Businesses and Cottage Industries 18.24 Nonconforming Uses, Structures and Lots 18.25 On-site Parking and Loading 18.26 Sign Regulations 18.27 Planned Unit Developments 18.28 Mining 18.29 Mobile Home Parks 18.30 Modifications, Exceptions and Special Requirements (Ord. 161-18, Sec. 13, 2017; Ord. 160-23, Sec. 11, 2017; Ord.141-03, Sec.1, 1997) 544 9/19/17 Chapters: (Continued) 18.31 Administration 18.32 A-P Agricultural Preservation District 18.33 A-3 Agricultural District 18.34 Nonmetallic Mining Overlay District 18.50 Telecommunications Facilities 18.55 Wellhead Protection (Ord. 155-19, Sec. 6, 2011; Ord. 156-8, Sec.11) SUBTITLE II. AIRPORT ZONING Chapters: 18.60 Airport Zoning SUBTITLE III. SUBDIVISION CONTROL Chapters: 18.76 Introduction 18.77 General Provisions 18.78 Procedures 18.79 Preliminary Plat 18.80 Final Plat 18.81 Certified Survey Map 18.82 Design Standards 18.83 Required Improvements 18.84 Subdivision Improvement Guarantees 18.85 Fees SUBTITLE IV. NONMETALLIC MINING RECLAMATION CODE Chapters: 18.90 Introduction 18.91 Permits 18.92 Reclamation Standards 18.93 Public Notice and Right of Hearings 18.94 Permit Decisions and Appeal Process 18.95 Fees 18.96 Financial Assurance 18.97 Administration and Enforcement 545 5/15/12 SUBTITLE I. ZONING REGULATIONS Chapter 18.01 PURPOSE, INTENT AND NATURE OF THE ZONING CODE Sections: 18.01.001 Authority. 18.01.010 Purpose. 18.01.020 Jurisdiction. 18.01.030 Relation to the land use plan. 18.01.040 Nature of the Zoning Code. 18.01.001 Authority. Pursuant to Wis. Stat. §§ 59.69, 59,692, 59.694, and 87.30, and the authority vested in the county under those provisions, the county hereby adopts the following Zoning Code. (Ord. 149-07, Sec. 1, 2005; Ord.141-03, Sec.1, 1997; Ord. 126-16 Sec.3(part), 1982). 18.01.010 Purpose. It shall be the purpose of this subtitle, through the regulation of the use of lands and structures, through the establishment of physical standards, through the creation of separate zoning districts and through the mechanisms provided herein for enforcement and administration to: A. Promote the public health, safety, comfort, convenience and general welfare of the citizens of Eau Claire County; B. To protect and conserve the natural resources of the county, including agricultural lands, forest, wetlands, surface and groundwater, by conserving the most appropriate use of land; C. To protect and conserve the social character and economic stability and preserve property values; D. To prevent the overcrowding of land and undue congestion of population; E. To provide adequate light, air and convenient access to property by regulating the use of land and buildings and the bulk of structures in relationship to surrounding properties; F. To facilitate adequate and economic provisions of services such as roads, water and sewer, schools, and police and fire protection; G. To encourage the use of land and buildings which are compatible with nearby existing and planned land uses, and to prohibit and control existing land uses deemed incompatible with nearby land uses; H. To prevent harm to persons and property by flood, fire, explosion, toxic fumes or other hazards. (Ord. 154-2, Sec. 41, 2010; Ord. 126-16 Sec.3(part), 1982). 546 5/4/10 18.01.020 Jurisdiction. A. The jurisdiction of this subtitle 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. § 59.69. B. Title 20, Shoreland Protection Overlay District and Chapter 18.20, Floodplain Overlay District are mandated by Wis. Stat. §§ 59.692, 87.30, and 281.31 and are effective in all towns. (Ord.160-23, Sec. 9, 2017; Ord.141-03, Sec.1, 1997; Ord.141-03, Sec.1, 1997; Ord. 126- 16 Sec.3(part), 1982). 18.01.030 Relation to the land use plan. It is the policy of the county that the enactment, amendment and administration of this subtitle shall be accomplished with due consideration of the purposes and goals of the County Land Use Plan adopted on January 16, 1979, as amended from time to time, and other land use plans adopted by the county, such as a farmland preservation plan. The board recognizes that the Land Use Plan and its amendments is a guide for the future development of the county and is the basis for the enactment of this subtitle. (Ord. 126-16 Sec.3(part), 1982). 18.01.040 Nature of the Zoning Code. The Zoning Code shall consist of original official zoning maps and current official zoning maps designating various use districts in conjunction with this subtitle, the combination of which shall control the uses of land, the height and bulk of structures and dimensions of lots or building sites and yards, the location and size of signs and the number and location of off-street parking and loading facilities. A. Original Official Zoning Maps. Each of the initial town zoning district maps shall be entitled the "Town of _____________________, Original Official Zoning Map," and dated. Each map shall be signed and dated by the town chair and the chair of the committee. The original official zoning map shall be kept in the department, and shall not be changed. Such maps shall be used for reference purposes only when there is a need to determine the original applicable zoning. B. Current Official Zoning Maps. One or more sets of zoning maps entitled "current official zoning maps," shall be made available for public reference in the department. All amendments to the district boundaries shall be placed upon such maps by the department promptly after each amendment has been adopted by the board. (Ord. 126-16 Sec.3(part), 1982). 547 1/17/17 Chapter 18.02 RULES AND DEFINITIONS Sections: 18.02.010 Rules of general construction. 18.02.020 Definitions. 18.02.010 Rules of general construction. The following rules of construction shall be applied in this subtitle: A. All measured distances shall be to the nearest integral foot or meter and increments of one-half or more of a foot or meter shall cause the next highest foot or meter to be applied. B. As to the herein contained words, the following construction shall apply. The term "structure" shall include any part thereof; the phrase "use for" shall include "arrange for"; the word "lot" shall include the words "parcel," "plot," "site," "zoning lot," and "tract," unless the context clearly dictates otherwise. (Ord. 126-16 Sec.3(part), 1982). 18.02.020 Definitions. A. The following definitions shall apply in this title unless the context dictates otherwise: 1. "A zones" means those areas shown on the official floodplain zoning map as inundated by the regional flood. These areas may be numbered or unnumbered A Zones. A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area 2. "Adult cabaret" means a nightclub, bar, theater, restaurant or similar establishment which frequently features live performances by topless or bottomless dancers, go- go dancers, exotic dancers, strippers or similar entertainers where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas or which regularly feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas” (as defined herein)for observation by patrons. An adult cabaret does not include theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.. 3. "Adult book store" means an establishment having as a predominant portion of its stock in trade, books, magazines and other periodicals or video cassettes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein). 548 1/20/09 4. "Adult motion picture theater" means an enclosed building which is significantly or substantially used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. 5. “Agricultural-related business” means a business or activity that is consistent with or secondary to the primary agricultural use of the property or that is an integral support service of agriculture as provided in Wis.