Published and Effective June 18, 1934
Amended: March 26, 1971; April 15, 1975; May 03, 1976; November 15, 1977; March 14, 1978; June 20; 1985; August 26, 1986; June 16, 1987; April 16, 1991; June 15, 1995; July 20, 1995; May 23, 1996; April 15, 1997; June 19, 1997; September 16, 1999; April 17, 2001; August 16, 2001; November 13, 2001; February 21, 2002, March 21, 2002; April 15, 2003, June 19, 2003, August 21, 2003, January 5, 2004, April 20, 2004, March 17, 2005, June 16, 2005, September 15, 2005, December 15, 2005, June 15, 2006, July 20, 2006, November 14, 2006, January 18, 2007, July 19, 2007, September 18, 2008, December 18, 2008, April 21, 2009, December 17, 2009 and February 18, 2010
Table of Contents
The Board of Supervisors of Sawyer County in regular session this first day of March, 1971 so amend all portions of the Sawyer County Zoning Ordinance except title and repeal those conflicting portions. This ordinance is adopted pursuant to the authorization of Sections 59.69, 59.692, 59.694, 87.30, 281.31 and 703.27 of the Wisconsin Statutes.
An ordinance regulating and restricting
the location, construction, use of buildings, structures, and the use of land
in the unincorporated portions of
The provisions of this ordinance shall be held to the minimum requirements. Adopted for the promotion and protection of the public health, morals, safety, and the general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted regulations, ordinances, or private covenants, the most restrictive, or that imposing the higher standards shall govern.
Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply when Section 13.48 (13), Wisconsin Statutes, applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Section 30.12 (4) (a), Wisconsin Statutes, applies.
For the purpose of administering and enforcing this ordinance, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word person includes an individual, all partnerships, associations, and bodies politic and corporate; the word used or occupied as applied to any land or building shall be construed to include intended, arranged, or designed to be used or occupied. The word "shall" is mandatory, not permissive. All distances unless otherwise specified shall be measured horizontally.
(1) ACCESSORY STRUCTURE OR USE: A detached subordinate structure or a use
which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related, and which is located on the same lot as the principal structure or use.
(2) ADDITION (Non-conforming Parcel): New construction performed on a building
which increases the outside dimensions of the building. A minimum of 75% of the exterior wall area of the existing building must remain in place as exterior walls after completion of construction activities. Construction activities resulting in less than 75% of existing wall exterior area remaining in place, in total, shall be considered to be new/replacement construction.
AIRPORT: The Hayward Municipal Airport located
in S 24, T 41N, R 9W,
(4) AIRPORT HAZARD: Any structure, object of natural growth, or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.
(5) ALLEY: A narrow service way providing a secondary public means of access to abutting properties.
(6) ANTIQUE CAR: A motor vehicle which has a model year of 1945 or earlier and which has not been altered or modified from the original manufacturer specifications.
ARTERIAL OR MAJOR HIGHWAY:
(8) BACKLOT: A lot without water frontage under any form of ownership.
(9) BOATHOUSES: Any permanent structure designed solely for the purpose of protecting or storing watercraft and related equipment for noncommercial purposes. A gazebo, screened building or similar structure shall not substitute as a boathouse.
(10) BLOCK: A parcel or tract of land bounded on at least one side by a public street and on the other sides by natural or man-made barriers or unplatted land.
(11) BUILDING: Any structure used, designed, or intended for the protection, shelter, or roofed enclosure of persons, animals, or property.
(12) BUILDING, HEIGHT OF: The vertical distance in feet to the peak from average grade.
(13) CAMPGROUND: A privately or municipally owned site designed, designated,
maintained, intended, or used for the purpose of supplying a location for major recreational equipment/vehicles, open to the public for free or paying camping purposes.
(14) CAMPING CABIN: Any structure constructed, placed or used which is not major recreational equipment/vehicles, and advertised or designed for the temporary shelter of visitors, tourists, campers, or campground users, whether mobile or not, and is used strictly for shelter. The use of camping cabins shall meet the requirements of Section 6.610.
(15) CAMPING TRAILER: A canvas or folding structure mounted on wheels and designed for temporary living and housekeeping purposes.
(17) COLLECTOR CAR: A vehicle which is 20 years or older of consecutive years.
(18) COLLECTOR STREET: A minor or local street which serves or is designed to serve the moderate speed movement traffic from streets to major highways and to provide access to individual lots. This type of a street provides for movement within rather than between activity areas.
(19) CONDITIONAL USE: A use which is permitted by this ordinance provided that certain conditions specified in the ordinance are met and that a permit for such use is granted by the Zoning Committee.
(20) CONDOMINIUM: Individually owned dwelling units that have an undivided interest in common elements, such as associated land, that is subject to a condominium declaration established under Chapter 703 of the Wisconsin Statutes.
(22) DEPENDENT RECREATIONAL EQUIPMENT/VEHICLES: A recreational equipment/vehicle which is dependent upon other facilities for toilet and lavatory.
(23) DEVELOPMENT: Any man-made change to improved or unimproved real estate including, but not limited to the construction of buildings, structures or accessory structures; the construction of additions, or substantial alterations to buildings, structures or accessory structures; the placement of mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavating or drilling operations, and the deposition or extraction of earthen materials.
(24) DNR: The Wisconsin Department of Natural Resources.
(25) DRAINAGE SYSTEM: One or more artificial ditches, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
(26) DWELLING: A building designed or used exclusively as the living quarters for one or more families, including manufactured homes which meet the dimensional requirements as originally designed.
(27) DWELLING, MULTI-FAMILY: A dwelling or group of dwellings on one plot containing separate living quarters for two or more families but which may have joint services and/or facilities.
(28) DWELLING UNIT: A building or portion thereof with rooms arranged, designed, used or intended to be used for one family. Guesthouses with kitchen and bathroom facilities; and any accessory structures with a HABITABLE LIVING AREA are considered to be dwelling units. Houseboats and watercraft on land shall not be used as DWELLINGS or DWELLING UNITS.
(29) DWELLING UNIT ENVELOPE: The measurements of the outside of an
existing DWELLING UNIT or STRUCTURE measured at the perimeter of the outside walls or support, including the height measurements from the vertical distance in feet to the peak from average grade. Attached unroofed building elements, such as porches, decks, patios, steps and other similar STRUCTURES are not included in such measurements.
(30) EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose of any designated part of his or her property.
(31) ESSENTIAL SERVICES: Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include surface, underground, or overhead gas, electrical, steam, water, sanitary sewage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewer pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
(32) FAMILY: One or more persons living, sleeping, cooking, and eating on the same premises as a single housekeeping unit.
(33) FARMING, GENERAL: The production of field or truck crops, or the raising of livestock and livestock products for commercial gain.
(34) FLOOD: A general and temporary condition of partial or complete inundation of normal dry land areas caused by the overflow or rise of rivers, streams, or lakes.
(35) FLOOD FRINGE: That portion of the floodplain outside of the floodway, which is covered by flood waters during the regional flood; it is generally associated with standing water rather than rapidly flowing water.
(36) FLOODPLAIN: The land which has been or may be hereafter covered by flood water during the regional flood. The floodplain includes the floodway and the flood fringe as those terms are defined in Chapter NR 116, Wisconsin Administrative Code.
(37) FLOODWAY: The land which has been or may be hereafter covered by flood water during the regional flood. The floodplain includes the floodway and the flood fringe.
(38) FLOWAGE: An impoundment of a river or stream created by a downstream dam or similar man made flow-restricting structure.
(39) FOOTPRINT: The ground surface area of an existing STRUCTURE or building measured at the perimeter of the outside wall or supports. Attached unroofed building elements, such as porches, decks, patios, steps and other similar structures are not included in such measurement. Cantilevered portions of a STRUCTURE or building shall be considered to be part of the footprint.
(40) GARBAGE: Discarded material resulting from the handling, processing,
storage, and consumption of food.
(41) “GARD GAZEBO” PERMIT: A land use permit issued in accordance with s.59.692(1v),Wis Stats.
(42) GAZEBO/SCREENED BUILDING: An accessory structure, typically screened on
all or most sides and used for recreational activities. A gazebo/screened building shall not substitute for a boathouse.
(43) HABITABLE LIVING AREA: The enclosed floor area arranged for living or sleeping. The area can include multiple levels of an existing structure. The area does not include decks, open porches, garages or overhangs.
(44) HOBBIEST CAR: Same as collector car but can have mechanical or sheet metal modifications.
(45) HOME OCCUPATION: A gainful occupation conducted by a member of the family,
within his or her place of residence, where the space used is incidental to residential use and no article is sold or offered for sale except such as produced by such home occupation.
(46) HOSPITAL: Unless otherwise specified the term "hospital" shall be deemed to include sanitarium, sanitorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment, or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment, or other care of human ailments.
(47) IMPERVIOUS SURFACE: Surfaces which prevent or impede normal water infiltration and/or cause runoff to other areas. Includes, but not limited to: (1) all buildings, and structures (area measured at roof gable end and eave lines), (2) stairs, walkways, driveways and parking or other areas, comprised of brick, paver stone, cementitious substances, or any bituminous substance, including asphalt, and (3) any subbase of plastic or any shield which prevents or impedes water penetration. Decks, stairways and walkways with gaps in their surface structure (e.g., wooden decks with open cracks between the deck boards) allowing water to readily pass through the structure are not considered an impervious surface. Any portion of a township road traversing a lot will not be included as part of the impervious surface for calculation purposes.
(48) INTERNAL IMPROVEMENT: Modifications/alterations within a DWELLING UNIT that do not result in the alteration of the DWELLING UNIT envelope. A land use permit is not required for these activities.
(49) KENNEL: A structure used for the harboring of more than three (3) animals, and not numbering more than 25, that are more than six (6) months old in age.
(50) LAND DISTURBING ACTIVITIES: Construction, grading, filling, excavating or other activities which result in the temporary or permanent removal of vegetative cover, increased potential for soil erosion, increased stormwater runoff volumes or velocities, or increased total area of impervious surfaces and/or activities which include but are not limited to construction on steep slopes, development of private boat landings or access roads to the water body, development of paths to the shoreline requiring disturbance of the land to construct, and development of sand beaches not naturally occurring.
(51) LOT: A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this ordinance.
LOT, AREA OF: The contiguous, not separated by
public roadway, of a lot between its front, rear, and side lot lines.
(53) LOT, FRONT: On shoreland lots, the front shall be the area from the shoreline landward. On nonshoreland lots, the front shall be the area from the road or road easement away from the road.
(54) LOT, DEPTH OF: A horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT, WIDTH OF: The width measured at right angles to
its depth at all points along its depth.
(56) LOT LINES: Any line dividing one lot from another.
(57) MAJOR RECREATIONAL EQUIPMENT/VEHICLES: A travel trailer, pickup coach, motor home, camping trailer, tent or park model mobile home which is either dependent and/or self contained.
(58) MINERAL: A naturally occurring element or combination of elements; metallic,
nonmetallic or mineral fuel that occur in the earth, but shall not include soil. Without limitation due to enumeration, the minerals of interest include:
Nonmetallic: stone, sand and gravel, clay talc, asbestos, graphite and marble.
Mineral fuel: petroleum, natural gas, coal, peat and nuclear fuel source materials.
(59) MINERAL EXTRACTION: The excavation or recovery of metallic, nonmetallic, or mineral fuels through processes and techniques such as digging, drilling, strip-mining, quarrying, and underground methods. It shall include the extraction of top soil when such activities are undertaken or proposed to be undertaken as a distinct land use.
(60) MINING, DRILLING, DIGGING, QUARRYING, ETC: All or part of the process involved in the extraction and processing of mineral materials. Such activities shall normally be divided into four distinct phases:
Exploration - onsite, geologic examination from the surface of an area by seismic core, rotary, percussion or other drilling or testing for the purpose of searching for mineral deposits. Exploration includes associated activities such as clearing and preparing sites or constructing roads for drilling.
Prospecting - examination of an area for the purposes of determining the quality and quantity of minerals other than by exploration, but including the obtaining or samples by physical means.
Operation - mineral extraction and/or processing for commercial purposes, including such operations as aggregate or ready mix plants, mixing of asphalt, mining or drilling services, processing of top soil, washing, refining or processing of metallic, nonmetallic, or mineral fuel materials.
Reclamation - process by which an area physically or environmentally affected by mineral extraction activities is rehabilitated to either its original state or to a pre-agreed state of long-term environmental stability.
(61) MITIGATION: The requirement to restore shoreline buffer functions that have been lost or adversely affected through development.
(62) MOBILE HOME: Any structure manufactured or assembled prior to June 15, 1976 and originally designed to be capable of transportation by any motor vehicle upon public highways which does not require substantial onsite fabrication; which is intended for occupancy as a year round residence. Mobile homes shall not be located in any zone district unless located in a mobile home park.
(63) MOBILE HOME PARK: Any plot or plots of ground upon which two or more units, occupied for dwelling or sleeping purposes are located, regardless whether or not a charge is made for such accommodations.
(64) MOTOR HOME: A portable structure constructed as an integral part of a self-propelled vehicle designed and used for temporary living and housekeeping purposes. Including school buses converted and vans.
(65) MULTI-DWELLING DEVELOPMENT: Development, regardless of form of ownership consisting of three or more DWELLING UNITS, condominium, resort, hotel or motel units or other units/structures intended for residential or long or short term rental uses, all of which are to be located on the same LOT.
(66) NAVIGABLE WATER: All natural inland lakes within Sawyer County and all streams, ponds, sloughs, flowages, and other water within the territorial limits of this County which are navigable under the laws of this State. Under Section 281.31 (2) (d), Wisconsin Statutes, notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Section 59.692, Wisconsin Statutes, and Chapter NR 115, Wisconsin Administrative Code, do not apply to lands adjacent to farm ditches if:
(a) Such lands are not adjacent to a natural navigable stream or river;
(b) Those parts of such drainage ditches adjacent to such lands were not navigable before ditching; and
(c) Such lands are maintained in nonstructural use.
(67) NONCONFORMING STRUCTURE: A structure whose dimensions, location or other physical characteristics do not conform to the standards of the current zoning ordinance, although the use of the structure conforms to the requirements of the ordinance.
(68) NONCONFORMING USE: A building, structure, parcel dimensions or use of land existing at the time of enactment of this ordinance which does not conform to the regulations of the district or zone in which it is situated.
(69) ORDINARY HIGHWATER MARK: The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
(70) ORDINARY MAINTENANCE AND REPAIR: Includes replacement of roofing, siding, windows, doors, painting and other general maintenance activities limited to the existing structural envelope. A land use permit is not required for these activities.
(71) PICKUP COACH: A structure designed to be mounted on a truck chassis for use as temporary living and housekeeping purposes.
(72) PRINCIPAL USE: The primary use of a property or structure.
(73) PUBLIC SEWER: A sewer owned and controlled by a public authority.
(74) REFUSE: Combustible and noncombustible rubbish, including but not limited to paper, wood, metal, glass, cloth and products thereof; litter and street rubbish, ashes; and lumber, concrete and other debris resulting from the construction or demolition of structures.
(75) REGIONAL FLOOD: A flood determined to be representative of large floods
known to have generally occurred in
(76) RESORT: A resort is a for-profit business holding a Seller’s Permit and licensed by the Wisconsin Department of Health and Family Services, which provides rental to the public of DWELLING UNITS contained in one or more permanent buildings used primarily for recreational use.
(77) RETAINING WALL: See ‘STRUCTURE’ for definition.
(78) RIP-RAP: Rock or other large aggregate that is placed to protect streambanks, bridge abutments, outflow of drainage structures, or other erodible sites from runoff or wave action.
(79) RUNWAY: A level portion of an airport having a surface specially developed and maintained for the landing and take off of aircraft.
(80) SALVAGEABLE MATERIAL: Inoperable and/or unlicensed vehicles, machinery or equipment, scrap metal or other junk or scrap materials which are of further usefulness mainly as a raw material for reprocessing, or as imperfect stock from which replacement or spare parts can be extracted.
(81) SALVAGE YARD: A solid waste disposal site or facility at which salvageable materials are stored or sold or at which wrecking, dismantling, or demolition of salvageable materials are conducted. Salvage yards do not include operations conducted by scrap metal, paper, fiber or plastic processors, or small storage areas for equipment such as are normally found adjacent to industrial and commercial establishments.
(82) SEASONAL: A dwelling that is constructed uninsulated and it is unsewered.
(83) SELF-CONTAINED RECREATIONAL EQUIPMENT/VEHICLES: A recreational vehicle which can operate independent of connections to sewer, water, and electric systems. Water storage and sewage holding tanks are located within the vehicle.
(84) SHORELANDS: Lands within the following distances from the ordinary highwater
mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
(85) SHORELINE VEGETATION PROTECTION AREA: A strip of land 35 feet wide inland from the ordinary high-water mark of any navigable body of water, including but not limited to: streams, rivers, ponds, flowages and lakes. Term used synonymously with buffer zone, buffer area and buffer strip.
(86) SIGN: A sign is any structure or natural object or part thereof or device attached thereto or printed or represented thereon which is intended to attract attention to any object, product, place, activity, person, institution, organization, or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as or which is in the nature of an announcement, direction, or advertisement.
(87) SLOPE: Degree of deviation of a surface from horizontal, measured as a numerical ratio, as a percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second number is the vertical distance (rise), as 2:1. Percent slope is calculated as rise divided by run. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and a 45-degree slope being a 1:1 slope.
(88) SPECIAL INTEREST VEHICLE: Limited production vehicles that are 19 years and newer of consecutive years that have not been altered or modified from original manufacturers specifications, and because of its historic interest, is being preserved by hobbyists.
(89) STREET: Includes streets, roads, avenues, or lanes.
(90) STRUCTURE: Any construction, excluding fills, or any production or piece of work artificially built or composed of parts joined together in some definite manner having form, shape, and utility. Examples of structures would include, but not be limited to, concrete, flagstone and block patios; concrete slabs, retaining walls etc.
(91) SUBDIVIDER: Any person, firm, corporation, partnership, or association who shall lay out, for the purpose of sale or building development, any subdivision or part thereof as defined herein.
(92) SUBDIVISION: A division of a lot, parcel, or tract of land by the owner thereof or his agent for the purpose of sale or building development.
(93) SUPPORT / PARTS VEHICLE:
(94) TENT: A portable lodge of canvas or strong cloth stretched and supported by poles.
(95) TRAVEL TRAILER: A portable vehicle less than 10 feet wide by 50 feet long designed and used for temporary living and housekeeping purposes.
(96) TREE: Any object of natural growth, except farm crops which are cut at least once a year, and except shrubs, bushes, or plants which do not grow greater than a height of five (5) feet.
(97) UNDER CONSTRUCTION VEHICLES: Any vehicle mechanically road worthy or being restored and licensed (not esthetically pleasing) (outside cosmetic not finished).
(98) UNNECESSARY HARDSHIP: That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing area, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.
(99) USE: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
(100) USE CORRIDOR: Altered area within the SHORELINE VEGETATION PROTECTION AREA to permit pedestrian access to a waterbody. Term used synonymously with view corridor.
(101) VARIANCE: An authorization granted by the Board of Adjustment to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this ordinance.
(102) WETLANDS: Those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
WETLAND DELINEATION: The process of determining the boundary
between non-wetland areas and wetlands.
(104) WETLAND/SHORELAND DISTRICT: The zone district created as part of the shoreland zoning ordinance, comprised of lands that are designated as wetlands on the wetland maps which have been adopted and made a part of this ordinance.
(105) YARD, FRONT: An open unoccupied space on the same lot with the building between the front line of the building and the front line of the lot and extending the full width of the lot.
(106) YARD, REAR: An open unoccupied space on the same lot with the building
between the rear line of the building and the rear line of the lot and extending the full width of the lot.
(107) YARD, SIDE: An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.
(108) YEAR ROUND: A dwelling that is constructed insulated, winterized. It may contain an inside water pressure system and it may be sewered.
(109) ZONING COMMITTEE: The County committee authorized by the County Board under Section 59.69, Wisconsin Statutes, to plan land use and act in all matters pertaining to county planning, zoning, and sanitation.
the purposes of this ordinance, the unincorporated areas of
(1) R-1 Residential One
(2) RR-1 Residential/Recreational One
(3) RR-2 Residential/Recreational Two
(4) A-1 Agricultural One
(5) A-2 Agricultural Two
(6) C-1 Commercial One
(7) I-1 Industrial One
(8) F-1 Forestry One
(9) W-1 Wetland/shoreland One
(10) SP-1 Shoreland Protection One (overlay)
(11) PUD Planned Unit Development
3.21 The maps designated below are hereby adopted and made part of this ordinance.
(1) Detailed Zoning Maps of Sawyer County adopted March 1, 1971, effective March 26, 1971 and revised as dated on each map.
(2) Flood Insurance Rate Maps dated September 14, 1990.
(3) Wisconsin Wetland Inventory Maps stamped "FINAL" on November 6, 1984.
3.22 The location and boundaries of these districts are shown on the Detailed Zoning Maps of Sawyer County, consisting of separate maps of each township, and the Wisconsin Wetland Inventory Maps. These maps, together with all explanatory matter and regulations thereof are an integral part of this ordinance.
3.23 The official copies of the Detailed Zoning Maps of Sawyer County, the Flood
Insurance Rate Maps, and the Wisconsin Wetland Inventory Maps, together with a copy of this ordinance shall be kept at the County Zoning Administrator's office and shall be available for public inspection during office hours. Any changes affecting zone district boundaries or explanatory matter shall be made in accordance with the provisions of Section 59.69, Wisconsin Statutes, and Section 12 of this ordinance.
3.24 District boundaries are normally lot lines, section and quarter section lines, centerlines of roads, highways, railroads, and alleys. Questions regarding exact locations of district boundaries shall be decided by the County Zoning Administrator. Decisions may be reviewed on appeal to the Board of Adjustment as provided in Section 11 of this ordinance.
3.25 For wetland boundaries where an apparent discrepancy exists between the wetland/shoreland district boundary shown on the Wisconsin Inventory Maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the DNR to determine if the wetland/shoreland district boundary as mapped is an error. If DNR staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a land use or building permit in accordance with the regulations applicable to the correct zone district. In order to correct wetland mapping errors shown on the Wisconsin Inventory Maps, the property owner shall be responsible for initiating a wetland/shoreland map amendment within a reasonable period of time.
The use of any land, or water; the size, shape, and placement of lots, the use, size height, type, and location of structures thereon; and the provisions for open spaces shall be in compliance with the regulations set forth on the official Zoning Maps of Sawyer County, State of Wisconsin, and in the text of this Ordinance.
(4) A setback equal to the average setback of existing principal buildings located within
500 feet of a proposed building site and on the same side of the street, shall be permitted where five of these buildings do not conform with the appropriate setback line.
(5) Minor, readily removable structures such as open fences or signs permitted by this
ordinance may be placed within setback lines. Public utility equipment without permanent foundations are also permitted. When deemed necessary by the County Zoning Committee in connection with development such as highway improvement programs, property owners and public utilities may be required to remove, at their own expense and without right of compensation, any structures erected within setback lines.
(6) Private Access Easements. The setback for principal and accessory structures shall
be a minimum of 30 feet from the centerline of a private access easement.
In each quadrant of every road intersection, there shall be designated a visual clearance triangle bounded by the road centerlines and a line connecting them, according to the road classification as follows:
A & A 200 feet
A & B 150 feet
A & C 100 feet
B & B 125 feet
B & C 75 feet
C & C 50 feet
Within this triangle, no object over 2 ½ feet in height above these roads shall be allowed if it obstructs the view across the triangle. Posts and open fences are excluded from this provision. Tree trunks shall be exempt where they are unbranched to a height of ten (10) feet and located a minimum of thirty (30) feet apart.
NOTE: On February 18, 2010 the
Driveway access permits shall be obtained from the appropriate permitting authority.
ACCESS DRIVEWAYS 1)
Access driveways to highways from abutting properties shall comply with the
following requirements. Minimum distance Minimum
distance of Highway frontage access
driveways between access be
located to the driveways for right
of way on the CLASS OF HWY. Class A Highways
Federal Aid Primary Hwys 600
feet Federal Aid Sec. Hwys 500
feet Class B Highways 300
feet Class C Highways a) Without public sewer (All zone districts) 75 feet
75 feet b) With public sewer (R-1, RR-1, RR-2 and C-1 only) 50 feet 50 feet Where there is more than one lot abutting
on Class A and Class B highways between access driveways, a service road of not
less than 50 feet right-of-way shall be provided across the entire frontage of
each lot unless a temporary access permit has been granted with the approval of
the agency having jurisdiction over the highway. Use of access is limited to
the use authorized in the temporary access permit. This permit would be revocable when a
frontage road is provided. 2) The
maximum number and width of access driveways to highways and service roads
shall be as follows: TYPE OF ACCESS MAXIMUM
NUMBER OF MAXIMUM WIDTH
OF DRIVEWAYS ACCESS
DRIVEWAYS Commercial and Industrial Uses 2 35
feet Other Land Uses 1 24
cross-overs in median strip have been provided, access driveways shall be
directly opposite these cross-overs.
Heights of the following structures may exceed ordinance limits for the district in which it is to be located with the approval of the County Zoning Administrator: cooling towers, penthouse stacks, lookout towers, silos, wind mills, water tower spires, radio and television aerials, masts, antenna, and necessary mechanical appurtenances.
1) After adoption of this ordinance, or an amendment thereto, no lot area shall be so reduced that the dimensional and yard requirements required by this ordinance cannot be met. Lots existing and of record, i.e. documented by recording of a metes and bounds description; or a Certified Survey Map; or a recorded platted subdivision, but of substandard size, may be devoted to uses permitted in the district in which it is located. Additions to existing structures and the construction of accessory buildings when a principal structure exists on the premises may be permitted by permit provided all other requirements, regulations, and setbacks can be met. (Amended July 20, 1995)
2) If one or more substandard lots with continuous frontage have the same ownership as of the effective date of this ordinance, the lots involved shall be considered to be an individual parcel for the purposes of this ordinance. All lots which complied with section 4.25 prior to the effective date of this amendment shall be grandfathered in with regard to parcel dimensions.
3) Lots created after adoption of this ordinance and which are not served by public sewer systems shall meet the minimum area requirements of the Sawyer County Private Sewage System Ordinance and the Sawyer County Subdivision Control Ordinance.
4) Parcels of land existing and of record shall meet a minimum lot area of 20,000 square feet with a minimum average lot width of 100 feet. For these lots, the average lot width shall be calculated by measuring the lot width at right angles to its depth at all points along its depth.
shall contain in rectangular form, and extending rearward from the LOT FRONT,
the most restrictive minimum LOT AREA, LOT WIDTH and LOT DEPTH
requirements contained in either Section 4.417 LAKE CLASS DEVELOPMENT
STANDARDS or Section 18.0 DIMENSIONAL REQUIREMENTS.
2) Creation of LOTs in which the LOT DEPTH cannot be met within the first 200
(a) LOT AREA shall be, at a minimum, 150% of the most restrictive minimum requirements of either Section 4.417 LAKE CLASS DEVELOPMENT STANDARDS - (Lot Size) or Section 18.2 Required Lot Area.
(b) A minimum 5,000 square feet buildable area must be created within the lot and documented by Certified Survey Map or plat
1) Any permanent, roofed structure serving as an accessory use if attached to the
principal building, shall be considered a part of the principal building. If such structure is a building and is not attached to the principal building, it shall conform to the setback and other dimensional requirements of the district within which it is located. The construction of accessory buildings on vacant property is prohibited.
2) A single accessory structure may be constructed on that part of a lot divided by a Town road that does not contain the principle structure, provided that:
a) The accessory structure cannot be constructed on that part of the lot containing the principle structure due to the inability to meet minimum setbacks , and
b) The required minimum setbacks can be met at the proposed building site on that part of the lot not containing the principle structure.
4.27 DRAINAGE, SANITATION, AND WATER SUPPLY
1) No principal building shall be erected, structurally altered, or relocated on land
which is not adequately drained at all times by reason of adverse soil conditions, steep slopes, shallow impermeable bedrock, or periodic flooding.
2) No principal building intended for human use or occupancy shall be erected, structurally altered, or relocated on a lot, unless provisions are made for safe and adequate facilities for water supply and disposal of sewage in accordance with the regulations of the Sawyer County Private Sewage System Ordinance and the appropriate requirements of the Wisconsin Administrative Code.
4) Planned unit development shall be served by sewage facilities which meet the requirements of the Sawyer County Private Sewage System Ordinance and the applicable minimum standards of the Wisconsin Administrative Code.
Construction, grading, excavating or similar activities which result in drainage, runoff, erosion or the depositing of materials on to adjacent properties shall not be allowed.
1) No person shall landspread, landfarm, or deposit on lands located in
does not apply to:
(a)Soils originating from a contaminated site within
DNR approved remediation.
(b) The temporary stockpiling of petroleum contaminated soil prior to approved
remediation or disposal. Temporary stockpiling may only be allowed at the site
where the contamination occurred, must remain covered with an impermeable
material, and have adequate diking/ditching around it to prevent run-off from
contaminating native soil.
(c) Landfills and asphalt hot mix plants properly licensed for the disposal or
remediation of petroleum contaminated soils.
2)Any person violating this ordinance shall cease and remove any soil placed in
violation of this ordinance and be responsible for removing native soil which also may
have been contaminated by their actions. A violator shall also be subject to a forfeiture
of no less than $1,000.00, together with the taxable costs in such action, and every day
of violation shall constitute a separate offense.
For lots that abut on nonnavigable wetlands, all buildings and structures shall be setback a minimum of 40 feet from the wetland boundary.
1) Each parking space required shall be at least 200 square feet in area.
2) Residential uses shall be provided with at least one (1) parking space for each dwelling unit.
3) Commercial and industrial uses as listed and permitted in the zone districts shall be provided, except as noted below with one (1) parking space for each 200 square feet of floor area. However, restaurants, taverns, and similar establishments shall be provided with at least one (1) space for each three (3) seats devoted to patron use; motels, tourist cabins, and similar establishments shall be provided with at least one (1) space for each unit; drive-in eating stands offering in-car service shall be provided with at least five (5) spaces for each person employed to serve customers, except hospitals, rest homes, schools, and churches.
4) Public gathering uses shall be provided with at least one (1) space for each five (5) patrons to be accommodated on the premises.
Any commercial or industrial building hereafter erected or placed on a lot shall be provided with sufficient off-street loading and unloading space so that no public streets or alleys need be blocked by such activities. In the Industrial District, such buildings shall be provided with a minimum of 400 square feet of off-street loading and unloading space.
use of the shorelands and pollution of the navigable waters of
For the purpose of promoting the public health, safety, convenience and welfare, this ordinance has been established to:
1) Further the maintenance of safe and healthful conditions and prevent and control water pollution through:
(a) Limiting structures to those areas where soil and geological conditions will provide a safe foundation.
(b) Establishing minimum lot sizes to provide adequate area for private sewage disposal facilities.
(c) Controlling filling and grading to prevent serious soil erosion problems.
2) Protect spawning grounds, fish and aquatic life through:
(a) Preserving wetlands and other fish and aquatic habitat.
(b) Regulating pollution sources.
(c) Controlling shoreline alterations, dredging and lagooning.
3) Control building sites, placement of structures and land uses through:
(a) Separating conflicting land use.
(b) Prohibiting certain uses detrimental to the shoreland area.
(c) Setting minimum lot sizes and widths.
(d) Regulating side yards and building setbacks from waterways.
4) Preserve shore cover and natural beauty through:
(a) Restricting the removal of natural shoreland cover.
(b) Preventing shoreline encroachment by structures.
(c) Controlling shoreland excavation and other earth moving activities.
(d) Regulating the use and placement of boathouses and other structures.
Areas regulated by
this ordinance shall include all the lands, referred to herein as shorelands,
in the unincorporated area of
1) Within one thousand (1,000) feet of the ordinary highwater mark of navigable lakes,
ponds, and flowages. Lakes, ponds, and flowages in Sawyer County shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication "Surface Resources of Sawyer County" or are shown on United States Geological Survey quadrangle maps or other zoning base maps.
2) Within three
hundred (300) feet of the ordinary highwater mark of navigable rivers or
streams, or to the landward side of the floodplain, whichever distance is
greater. Rivers and streams in
3) Determinations of navigability and ordinary highwater mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the DNR for a final determination of navigability or ordinary highwater mark.
4) Under Section 281.31 (2) (d), Wisconsin Statutes, not withstanding any other provision of law or administrative rule promulgated there under, this shoreland zoning ordinance does not apply to lands adjacent to farm drainage ditches if:
(a) Such lands are not adjacent to a natural navigable stream or river.
(b) Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(c) Such lands are maintained in nonstructural agricultural use.
The use of any land or water, the size, shape and placement of lots, the use, type and location of structures on lots, the installation and maintenance of water supply and waste disposal facilities, the filling, grading, lagooning, dredging of any lands, the cutting of shoreland vegetation, the subdivision of lots, shall be in full compliance with the terms of this ordinance and other applicable local, state, or federal regulations; except nonconforming uses under Section 10. Buildings, signs, and other structures shall require a permit unless otherwise expressly excluded by a provision of this ordinance. Property owners, builders, and contractors are responsible for compliance with the terms of this ordinance.
The provisions of this ordinance supersede all the provisions of any County Zoning Ordinance adopted under Section 59.69, Wisconsin Statues, which relate to shorelands. However, where an ordinance adopted under a statute other than Section 59.69, Wisconsin Statutes, is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
1) The shoreland regulations and ordinance shall not require approval or be subject to disapproval by any town or Town Board.
2) If an existing town ordinance relating to shorelands is more restrictive than this ordinance or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions but not otherwise.
3) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants, or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
In their interpretation and application, the provisions of this ordinance shall be held 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 powers granted by Wisconsin Statutes. Where a provision of this ordinance is required by a standard in Chapter NR 115, Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Chapter NR 115 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
The County shall review all land divisions pursuant to Section 236.45, Wisconsin Statutes and the Sawyer County Subdivision Control Ordinance. In such review, the following factors shall be considered:
1) Hazards to the health, safety or welfare of future residents.
2) Property relationship to adjoining areas.
3) Public access to navigable waters, as required by law.
4) Adequate storm drainage facilities.
5) Conformity to state law and administrative code provisions.
The County shall adopt sanitary regulations for the protection of health and the preservation and enhancement of water quality.
1) Where public
water supply systems are not available, private well construction shall be
required to conform to Chapter NR 112, Wisconsin Administrative Code and the
2) Where a public sewage collection and treatment system is not available, design and
construction of private sewage disposal systems shall conform to Chapter Comm 83, Wisconsin Administrative Code and the Sawyer County Private Sewage System Ordinance.
INTRODUCTION: WDNR Administrative Rule NR 115 (3) (b). “Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution.”
1) For lots that abut on navigable waters, all buildings and structures, new dwellings on
vacant lots and replacement dwellings; except piers, boat hoists, and open fences which may require a lesser setback, shall be set back a minimum of 75 feet from the ordinary high-water mark of navigable waters and wetlands adjacent to any navigable water. All setback distances are measured from the overhang or appendage such as a deck, horizontally to the closest point of the ordinary high-water mark. For lots that abut on non-navigable wetlands, all buildings and structures shall be set back a minimum of 40 feet from the wetland boundary. Structures built prior to June 15, 1995 at a setback distance closer than 75’ to a wetland area adjacent to navigable water shall be considered to be conforming to that setback distance. Structures built prior to April 15, 1997 at a setback distance closer than 40’ to a non-navigable wetland shall be considered to be conforming to that setback distance. Navigable wetlands shall be determined by a representative of the Zoning Department. Certification of wetland delineation, if required, is the responsibility of the property owner.
2) Open structures within the shoreland setback area [“GARD GAZEBO” PERMITs].
As required by s.59.692(1v), Wis Stats., the construction or placement of certain structures within the shoreland setback area shall be permitted if the following conditions are met:
(a) The structure that is the subject of the request for a “GARD GAZEBO” PERMIT has no sides, or has open or screened sides. Knee walls of 32 inches or less will be considered open construction.
(b) That part of a structure that is nearest to the water shall be located at least 35 feet landward from the ordinary high-water mark.
(c) The structure shall not be constructed on slopes in excess of 20%.
(d) The total combined floor area of all of the structures within the shoreland setback area of the property will not exceed 200 square feet. Walkways, stairways, and boathouses without decks shall be excluded in calculating this square footage.
(e) The structure shall be visually inconspicuous (earthtones) and shall blend with native or restored vegetation at the site during the growing season.
(f) The eave overhang shall not exceed one foot.
(g) The side yard setback shall be a minimum of 10 feet.
(h) The structure height shall not exceed 12 feet above the existing grade within the structure footprint.
(i) Decks/flooring areas shall not exceed two (2) feet above existing grade.
(j) Roofs of existing structures (i.e., boathouses, nonconforming accessory structures) shall not be converted to decks/seating areas.
(k) Water, gas and sewer utilities shall not be connected to the structure.
(l) Standard erosion and storm-water runoff controls must be implemented.
(m) MITIGATION shall be required and shall meet the requirements of Section
4.419 MITIGATION. Failure to comply with mitigation provisions may cause the
Zoning Office to issue an order for removal or relocation of the structure allowed
by the “GARD GAZEBO” PERMIT.
3) New boathouses shall not be allowed within 75 feet of the ordinary high-water mark
of navigable waters.
4) Fences within 75 feet of the ordinary high-water mark shall meet the following
(a) Open fences may be allowed no closer than 40 feet to the ordinary high-water mark, shall not exceed 6 feet in height and shall not obstruct the adjoining property owner’s view of the water.
(b) A permit is not required to construct a fence.
5) Retaining walls shall not be allowed within 75’ of the ordinary high-water mark of
navigable waters, within 75 feet of navigable wetlands or within 40 feet of non-navigable wetlands.
(a) A need for retaining walls shall not be created by excavation activities.
(b) Existing retaining walls, at their point of replacement/major repair, shall be:
(1) Removed, or
(2) Reduced in height, or
Rebuilt as deemed necessary by the Zoning Department and the
6) One pathway, elevated walkway or stairway will be allowed, plus one additional powered lift if needed, if:
(a) It is located and constructed so as to avoid erosion;
(b) Pathways, walkways and stairways shall not exceed 4 feet in width;
(c) Powered lifts shall not exceed 6 feet in width;
(d) The cumulative square footage of all landings located within 75’ of the ordinary high-water mark of navigable waters shall not exceed 40 square feet. Attached benches, seats, tables, etc. are prohibited.
(e) The length and width dimensions of landings located at each end of a powered
lift shall not exceed the width dimension of the lift. For example, landings at
each end of a 6 feet wide powered lift shall not exceed 6 feet by 6 feet.
(f) Canopies, roofs or enclosures are prohibited.
reserve/access strip (
from the lakeside lot line of parcels adjacent to the public reserve/access strip shall be the greater of 75' from the ordinary high-water mark or 10' from the lot line.
8) Placement of commercial signs.
(a) Signs shall not be located within the SHORELINE VEGETATION PROTECTION AREA.
(b) A Conditional Use Permit is required.
(c) Only one sign is allowed.
(d) Such signs shall:
(1) Not exceed 24 square feet in area.
(2) Not exceed 12 feet in height
(3) Be located on the same premises as the business.
(4) If lighted, be lighted only with down focused lighting.
(5) If lighted, the lights shall be turned off at close of business.
(e) Mitigation may be required. See Section 4.419 MITIGATION for details.
INTRODUCTION: WDNR Administrative Rule NR 115 (3)(c). “The cutting of trees and shrubbery shall be regulated to protect natural beauty, control erosion and reduce the flow of effluents, sediments and nutrients from the shoreland area.”
There shall be a shoreline vegetation protection area on each lot extending 35 feet landward from the ordinary high-water mark. Within this area the removal of trees, shrubs and ground cover, mowing and filling, grading and other land disturbing activities are prohibited with the following exceptions:
activities are in conjunction with a project approved by the
Land and Water Conservation Department or as listed in Section 4.420 RESOURCE MANAGEMENT AND AGRICULTURAL EXEMPTIONS.
2) Establishment of use corridor(s) for each lot by mowing, pruning and selective
removal of trees, stumps and shrubbery. The use corridor(s) shall be more or less perpendicular to the shore, shall not exceed 30 feet in total width in any 100 feet of shoreline and shall be set back at least 10 feet from the side lot line. For lots having less than 100 feet of water frontage, the use corridor(s) width shall be reduced proportionally (e.g., a lot with 70 feet of water frontage would be restricted to a 21 feet wide use corridor(s) [70’ x 0.30 = 21’]). A use corridor(s) shall not be established where the absence of vegetation provides a similar naturally occurring opening.
3) Use corridors for hotels, motels, resorts and campgrounds. Use corridors, at the
discretion of the property owner, may be created either as a single corridor or as multiple corridors, but in no instance shall the total width of the corridors exceed 30% of the frontage of the lot.
protection activities authorized by a State permit or by the
Land and Water Conservation Department are allowed.
5) Removal of dead and diseased trees is allowed. Revegetation of the removal area
6) Removal of noxious vegetation (i.e., poison ivy, poison oak, ragweed) which poses a
threat to health or safety is allowed. Revegetation of the removal area is required.
7) Roadway approaches to State or Federal permitted stream crossings are allowed.
8) Public and private watercraft launching sites are allowed provided they comply with
the following standards:
(a) Construction on slopes steeper than 20% over a 50 foot horizontal distance is prohibited;
(b) An access site on residential property shall not be allowed if an alternative site on the waterway is available to the general public;
(c) Access sites shall be located within the use corridor; and
(d) A State Chapter 30 permit shall be obtained for all construction below the ordinary high-water mark.
9) Land disturbing activities in accordance with Section 4.421 STRUCTURES WITH NONCONFORMING SHORELINE SETBACKS) are permitted.
10) Existing privately owned boat launch sites may be maintained with the use of fill material provided that:
(a) None of the fill material is allowed to migrate below the ordinary high-water
(b) The fill material is immediately seeded/sodded after placement.
(c) The site shall not be used for launching activities until completely vegetated.
INTRODUCTION: Land disturbing activities may require notification, or County, State or Federal permits. Improper land disturbing activities can result in increased shoreline erosion and waterway sedimentation.
FILLING, GRADING, LAGOONING, DREDGING, DITCHING, EXCAVATING
1) General standards. Filling, grading, lagooning, dredging, ditching, or excavating which does not require a permit under Section 4.411(2) may be permitted in the shoreland area provided that:
(a) It is done in a manner designed to minimize erosion, sedimentation and
impairment of fish and wildlife habitat.
(b) Filling, grading, lagooning, dredging, ditching, or excavating in a
wetland/shoreland district meets the requirements of Section 17.9 and of this
(c) All applicable federal, state, and local authority is obtained in addition to a
permit under this ordinance.
(d) Any fill placed in the shoreland area is protected against erosion by the use of
rip-rap, vegetative cover, or a bulkhead.
2) Permit required, except as provided in Section 4.411(3). A land use permit is required:
(a) For any filling or grading of any area within 300 feet of the ordinary high-
water mark of navigable water that exceeds 10,000 square feet in area. Filling and grading shall include all exposed soil regardless of its source. Examples of exposed soil would include, but would not be limited to, soils exposed by any of the following activities: driveways, septic system installation, excavation for building sites and the depositing of spoils, the depositing/hauling in of soils/fill/gravel, placement of topsoil etc.
(b) For any construction or dredging commenced on any artificial waterway,
canal, ditch, lagoon, pond, lake, or similar waterway which is within 300 feet landward of the ordinary high-water mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water.
3) Soil Conservation Practices. Soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for erosion control shall not require a permit under Section 4.411(2) when designed and constructed to Natural Resources Conservation Service technical standards.
4) Permit Conditions. In granting a land use permit under 4.411(2), the Zoning Administrator shall attach the following conditions, where appropriate, in addition to those provisions specified in Section 8.1 and 8.12.
(a) The smallest amount of bare ground shall be exposed for as short a time as
(b) Temporary ground cover, such as mulch or jute netting, shall be used and
permanent vegetative cover shall be established.
(c) Diversion berms or bales, silting basins, terraces, filter fabric fencing, and
other methods shall be used to prevent erosion.
(d) Lagoons shall be constructed to avoid fish trap conditions.
(e) Fill shall be stabilized according to accepted engineering standards.
(f) Filling shall comply with any local floodplain zoning ordinance and shall not
restrict a floodway or destroy the flood storage capacity of a floodplain.
(g) Channels or artificial watercourses shall be constructed with side slopes of two (2) units horizontal distances to one (1) unit vertical or flatter which shall be promptly vegetated, unless bulkheads or rip-rap are provided.
1) All private lake accesses; lake access easements; or outlots; deeded or contractual
accesses for the purpose of lake access shall meet the
2) The access to a navigable waterway for backlot or off shore development shall meet
the minimum lot and parcel size requirements of the Lake Class Development Standards. The lot width shall be measured at right angles at all points along its side lot lines and the minimum required lot area shall exclude any wetlands. A cleared strip, ten (10) feet wide to contain the path that allows access to the lake through the lake access corridor (see Lake Class Development Standards), is the only clearing that is allowed.
3) The number of single family lots, building sites, mobile home park sites, single
family units and single family condominium units or other areas of a condominium designated as units utilizing said access shall be limited to not more than three (3). CAMPGROUND/RV sites located on a backlot are prohibited from utilizing said access.
4) A “Gard Gazebo” shall be the only building (structure) allowed on the lake access
parcel. An area on the landward side of the SHORELINE VEGETATION PROTECTION AREA, not to exceed 500 square feet, may be cleared for the location of this structure.
5) No utilities shall be allowed on the lake access parcel (gas, electricity, water or
6) The creation or use of land for a lake access shall be by conditional use only in the
RR-1 and RR-2 zone districts in accordance with Section 8.0. The Zoning Committee shall consider the size, shape, depth, present and potential use of the lake and the effect of the private access on public rights in navigable waters.
7) Once created, a lake access parcel can never be built upon, unless its use as a lake
access parcel is removed by a conditional use permit.
8) MAJOR RECREATIONAL EQUIPMENT/VEHICLES (i.e., camping equipment)
shall not be placed on the parcel.
9) Shoreline LOTS not having access per this Section or Section 4.413 shall have a dry land access.
Islands and mainland accesses that were in the same ownership as of June 15, 1995, even though substandard in size, and remain in the same ownership after that date, do not have to comply with this section. Same ownership means that both an island and its mainland access must have the same owner. An island with its access may be transferred to a different owner. However, should the island and its access be separated (i.e., different owners) the provisions of this section shall apply.
Islands that are subdivided or developed shall meet the following requirements:
1) The owner or developer of island lots shall provide a private lake access parcel on
the mainland for ingress and egress to the island and for the storage of vehicles and boat trailers. The size of the mainland lake access easement or outlot shall meet the minimum lot and parcel size requirements of the Lake Class Development Standards. The minimum required lot area shall exclude any wetlands. A contiguous buffer area of 25 feet wide along each side lot line running the full depth of the lot shall remain in its natural state. The cutting of vegetation or trees or the construction/placement of buildings within the buffer area is prohibited.
2) The number of single family lots, building sites, single family units, or single family
condominium units utilizing said access shall be limited to two (2).
3) The construction or placement of any structures on the mainland access is
4) The creation or use of mainland land for a lake access for island development shall
be by conditional use only in the RR-1 and RR-2 zone districts in accordance with Section 8.0. The Zoning Committee shall consider the size, shape, depth, present and potential use of and the effect of the mainland lake access on public rights in navigable waters.
1) New Resorts. The development and construction of new resorts shall comply with all
requirements of this ordinance as they pertain to the issue of land use permits for residential dwelling construction. Each dwelling unit within such new resort must meet the minimum lot size, width and depth requirements of the Lake Development Standards.
2) Existing Resorts.
Recognizing the historical and economic significance of resorts in
survival and viability. Except for the items contained below, all resorts must meet the criteria specified elsewhere in this ordinance.
(a) A resort existing at
the time this ordinance is put in effect, but does not meet the minimum
(1) Compliance with 4.414(2)(b) (1)-(4).
(2) The resort owner agrees to provide mitigation to the shoreline in an area between the building and the shoreline for the width of the building (See Section 4.419 MITIGATION.
(b) A resort in existence at the time this ordinance is put in effect shall have its landmass treated in its entirety and be exempt from lot size and frontage requirements of the Lake Class Development Standards. Calculations of landmass for purposes of this section relating to existing resorts shall not include that portion of a resort that has been converted to a condominium type of ownership in which the dwelling units (resort cabins) are privately owned and such unit owner is entitled to the exclusive ownership and possession of that unit. Existing resort regulations shall be based on density and landmass as follows:
(1) The cumulative square footage of all impervious surfaces within 300 feet of the OHWM shall not exceed 15% of the total square footage of the resort land area that is located within 300 feet of the OHWM.
(2) The cumulative square footage of all impervious surfaces more than 300 feet from the OHWM but within the Shoreland District shall not exceed 30% of the total square footage of the resort land area located more than 300 feet from the OHWM but within the Shoreland District.
(3) A conditional use permit shall be required to exceed these impervious surface requirements. An application for a conditional use permit shall be submitted per Section 4.422 IMPERVIOUS SURFACES LIMITATIONS.
(4) All standards for setbacks from septic systems, wells, roadways, side yards, and wetlands apply.
(c) Construction of additional principal buildings within an existing resort shall meet the following density/setback criteria:
(1) All of item 2(a)(1), above.
(2) Be at least 75 feet from the OHWM.
(3) Be at least 20 feet from any other building.
(4) Conditional Use Permit requirements for MULTI-DWELLING DEVELOPMENT shall apply.
(d) An existing resort principal building, any part of which is less than 75 feet from the OHWM, may be expanded by up to 50% of its footprint so long as:
(1) The total footprint, including the existing structure and proposed additions, shall not exceed:
a. 1000 square feet for those structures, any part of which is located less than 40 feet from the ordinary high-water mark, or
b. 1500 square feet for those structures located between 40’ and 75’ from the ordinary high-water mark
(2) The maximum height shall not exceed 26 feet from the lowest grade of the existing building.
(3) It does not cause a violation of item 2(a)(1), above.
(4) The expansion of the footprint shall be landward and does not move the cottage closer to the OHWM.
(5) No portion of the addition will be less than 20 feet from any other principal building.
(6) Expansion of an existing principal building located closer than 20 feet to another principal building. Expansion shall not increase the setback nonconformity to an existing principal building.
(7) The resort owner agrees to provide mitigation to the shoreline in an area between the cottage and the shoreline for the width of the cottage (see Section 4.419 MITIGATION).
(8) Owners of condominium units shall provide a letter of approval signed by an officer of the condominium association stating:
a. That the proposed expansion has the approval of the condominium association, and
b. Who specifically (i.e., either the owner of the condominium unit or the condominium association) shall accept the responsibility for the completion of any required mitigation.
(9) Expansion of an existing principal building with shoreline on two or more sides. Expansion shall not increase the shoreline setback non-conformity.
(e) Any use corridor shall not exceed 30 feet in width and the cumulative width of all use corridors within the resort shall not exceed 30% of the total shoreline frontage except as provided in Section 4.410(3).
1) Any action that results in a change in use of either campgrounds or RV parks as defined in Section 2.0 Definitions (CAMPGROUND), shall not result in the creation of lots/sites/parcels that are substandard in size based on the most restrictive requirements of either the Lakes Classification or the property’s zone district.
2) Any action that results in a change in use of a mobile home park as defined in Section 2.0 Definitions (MOBILE HOME PARK), shall not result in the creation of lots/sites/parcels that are substandard in size based on the most restrictive requirements of either the Lakes Classification or the property’s zone district.
3) Examples of such changes in uses would be, but are not limited to, the conversion of a campground/RV park from sites that are leased, rented or open to the public for nonpermanent use, to sites that are intended to be offered to the public for purchase; the conversion of a mobile home park from sites that are leased, rented or open to the public for nonpermanent use, to sites that are intended to be offered to the public for purchase .
1) After adoption of this section, or an amendment thereto, no lot area shall be so reduced that the dimensional and yard requirements required by this ordinance cannot be met. Parcels of land existing and of record shall meet the minimum requirements of Section 4.25 and lots existing and of records, i.e., documented by recording of a metes and bounds description; or a Certified Survey Map; or a recorded platted subdivision, but of substandard size to the Lake Class Development Standards are hereby conforming to the parcel size requirements but may be nonconforming for dwelling unit construction. The construction of new dwellings or replacement dwellings; additions to existing structures and the construction of accessory buildings when a principal structure exists on the premises may be permitted by permit provided all other requirements, regulations and setbacks can be met. Dwelling(s) construction must meet the minimum setback requirements stated in Table 18.0 DIMENSIONAL REQUIREMENTS, regardless of when the LOT was created.
2) A LOT created prior to the adoption of the Lake Class Development Standards (April
15, 1997), or as later amended, but substandard in size to the Lake Class Development Standards, may have a single family dwelling unit constructed on the LOT provided that all minimum setback requirements can be met and a wastewater treatment system is installed. Additional dwelling units shall be constructed only in accordance with Lake Class Development Standards.
For each Single Family Dwelling Unit
Side Yard Setback for all Structures
30’ corridor within 35’ of the ordinary highwater mark
10’ minimum - 40’ minimum total
30’ corridor within 35’ of the ordinary highwater mark
20’ minimum - 50’ minimum total
30’ corridor within 35’ of the ordinary highwater mark
30’ minimum - 60’ minimum total
Rivers and Streams
30’ corridor within 35’ of the ordinary highwater mark
20’ minimum - 50’ minimum total
30’ corridor within 75’ of the ordinary high-water mark
60’ minimum - 120’ minimum total
*Note: Two family dwelling/duplex. One mobile home park site or three (3) CAMPGROUND/RV sites are considered to be the equivalent of a single family DWELLING UNIT.
The following classification lists identify lakes named in “Surface Water Resources of Sawyer County:” four acres and larger in size published by Wisconsin Department of Natural Resources and appearing by name on the 1:24000 scale topographic maps published by the U.S. Geological Survey, commonly referred to as the U.S.G.S. Quadrangle Maps.
Named lakes less than four acres in size and all unnamed lakes listed in the “Surface Water Resources of Sawyer County”, Wisconsin Department of Natural Resources are considered Class (4) Wilderness Development lakes.
It should be noted that
Development standards for rivers and streams refer to all rivers and
The A-1 (Agricultural One), A-2 (Agricultural Two) and F-1 (Forestry One) Zone Districts supersede the General Development (1), Recreational Development (2), Natural Development (3) and Rivers and Streams Classification Development Standards.
The Township of Spider Lake existing zone district dimensional requirements supersede the General Development (1), Recreational Development (2), Natural Development (3) and Rivers and Streams Classification Development Standards.
Island (S02, T39, R05)
Lac Courte Oreilles
Little Courte Oreilles
Little Round (S36, T41, R08)
Mosquito Brook Flowage
Perch (S35, T40, R05)
Tiger Cat Flowage
**(Includes Lower Twin, Upper Twin and McLaine)
Beaver (S18, T42, R06)
Beaver (S27, T41, R06)
Beaver Creek Spring
Billy Boy Flowage
Camp Four (S06, T42, R06)
Camp Four, East (S11, T41, R07)
Camp Four, West (S11, T41, R07)
Dead Lake Spring
Eddy Creek Spring
Forty-One Creek Spring
Ghost Creek Spring
Green (S14, T40, R08)
Green (S29, T38, R09)
Hay Creek Springs
Horseshoe(S11, T42, R07)
Johnson (S36, T40, R09)
Johnson (S3, T42, R07)
Little Round (S09, T41, R09)
Lost (S17, T40, R07)
Lost (S26, T38, R08)
Lower Dead Lake Spring
Lower Grindstone Spring
Lower Hauer Spring
McClaine (S6, T42N, R6W)
Moss Creek Spring
Mud (S07, T40, R09)
Mud (S16, T39, R05)
Mud (S17, T38, R09)
Mud (S27, T39, R09)
Perch (S25, T42, R06)
Pickerel(S32, T38, R09)
Price Creek Spring
Runzel (Mud) – (S27, T39, R09)
South L. (North)
South L. (South)
Spring (S12, T40, R09)
Spring (S14, T41, R07)
Upper Grindstone Spring
INTRODUCTION: Mitigation is the requirement to restore
(or create) shoreline buffer functions on all waterfront properties that do not
meet Shoreline Vegetation Protection Area requirements (see Section 4.410
SHORELINE VEGETATION PROTECTION AREA).
shall apply only to the
1) Waterfront properties with an existing intact shoreline vegetative protection area.
The application for a land use permit will require property owner certification on a form provided by the Zoning Department and photographic evidence of an intact shoreline vegetative protection area. Photographic evidence may be either digital or film and, if digital, may be transmitted to the Department via electronic means.
2) Waterfront properties without an intact shoreline vegetative protection area. The
application for a land use permit will require a Mitigation Plan and Implementation Schedule to be approved by the Zoning Department prior to the issuance of the land use permit.
3) Mitigation responsibilities for condominiums.
is the responsibility of the condominium association and shall be in accordance
with a mitigation plan approved by the
(b) Once approved, a plan can only be amended with the approval of the SCLWD.
(c) Land Use Permits shall not be issued until a copy of the approved plan has been submitted to the Zoning Department and the president of the association has submitted a letter to the Zoning department stating that the association accepts responsibility for the mitigation.
4) Mitigation responsibilities for mobile home parks with shoreline frontage.
is the responsibility of the owner of the mobile home park and shall be in
accordance with a mitigation plan approved by the
(b) Once approved, a plan can only be amended with the approval of the SCLWD.
(c) Land Use Permits shall not be issued until a copy of the approved plan has been submitted to the Zoning Department.
4.420 RESOURCE MANAGEMENT AND AGRICULTURAL EXEMPTIONS
The following activities are exempted from the provisions of Section 4.410 SHORELINE VEGETATION PROTECTION AREA and Section 4.411 LAND DISTURBING ACTIVITIES LANDWARD OF THE SHORELINE VEGETATION PROTECTION AREA.
1) Fish and wildlife habitat management
activities if included in a
Department of Natural Resources approved management plan.
2) Commercial timber harvest and other forestry activities including land disturbing
activities (such as forestry road building) if:
(a) Such lands are located in a Forestry or Agricultural Zone District;
(b) All cutting practices near lakes and navigable streams must be consistent with shoreland zoning requirements, and
activity complies with appropriate practices specified in Wisconsin’s
Forestry Best Management Practices For Water Quality published by the
Department of Natural Resources or a plan approved by the
3) Agricultural cultivation if:
(a) Such lands are located in an Agricultural Zone District and;
(b) Such activity complies with appropriate practices specified in
Chapter NR 151 RUNOFF MANAGEMENT or a plan approved by the
WDNR Administrative Rule NR 115 (3)(e) addresses nonconforming uses. Alterations or additions are regulated. A conforming structure shall not be converted to a nonconforming structure by use of this section. Dwellings constructed based on an average setback from navigable waters are considered to be conforming to that setback.
(a) Attached uninhabitable structures (i.e., attached garage) may be converted to habitable area with the issue of a land use permit.
(b) Additions/alterations begin at the closest point of construction/alteration to the OHWM (i.e., point where new roof ties into an existing roof etc.).
2) Nonconforming principal structures (includes all dwellings any portion of
which is less than 75 feet from the ordinary high-water mark OHWM of navigable waters).
(a) A nonconforming principal structure any portion of which is less
than 40 feet from the ordinary high-water mark is permitted ORDINARY
MAINTENANCE AND REPAIR and INTERNAL IMPROVEMENT. Expansion is not allowed except by variance.
(1) New basements, additional stories, lofts, lateral expansion or accessory construction outside of the perimeter of existing enclosed dwelling space
are not allowed except by variance.
(2) Replacement of foundation and/or roof support systems is allowed only per 4.421(4) below and shall meet the requirements of Section 4.419 MITIGATION.
(b) A nonconforming principal structure no portion of which is less than
40 feet from the ordinary high-water mark is permitted ORDINARY
MAINTENANCE AND REPAIR and INTERNAL IMPROVEMENT. Replacement of foundation or roof support systems is allowed only per 4.21(4) below and the issue of a land use permit. Such structures may also be expanded provided a land use permit is obtained and:
(1) The existing structure includes at least 500 square feet of enclosed, habitable living space.
(2) Additions are located on the landward side of the structure.
(3) If an addition extends beyond the 75-foot setback, only that portion which is 75 feet or more from the OHWM may extend toward the side yard.
(4) The total footprint, including the existing structure and proposed addition, does not exceed 1500 square feet and the habitable living area does not exceed 3000 square feet, nor violate the impervious surface limitations of Section 4.422. IMPERVIOUS SURFACE LIMITATIONS.
(5) A maximum height of 26 feet from the lowest grade to the highest peak of the building is not exceeded.
(6) Basements may be converted to walkout basements only on the landward side.
(7) Standard erosion and storm water runoff control measures must be implemented.
(8) Mitigation shall meet the requirements of Section 4.419 MITIGATION. details.
(9) Additions of more than 50 square feet shall also require the issue of a Land Use Permit for the purposes of tracking structure square footage.
3) Nonconforming accessory structures. All nonconforming accessory structures are
limited to ORDINARY MAINTENANCE AND REPAIR. Replacement of foundation or roof support systems is allowed only per 4.421(4) below and may require mitigation. See Section 4.419 MITIGATION.
4) Replacement of Foundations and Roof Support Systems.
(a) A land use permit is required for replacement of all structure
foundations (i.e. basements, crawl spaces, piers, posts,
slabs, etc.) and roof support systems (i.e. rafters, trusses, beams,
(b) Exterior walls must remain in place.
(c) Foundation support components:
(1) May be replaced to existing FOOTPRINT dimensions only.
(2) Footings may be extended below the generally accepted frostline of the
(3) Habitable area requiring exterior ingress/egress (i.e., walkouts, doors,
windows etc.) shall not be created.
(d) Roof pitch may be increased for ventilation, snow-load or aesthetic
purposes but may not create additional habitable area.
(e) Mitigation may be required. See Section 4.419 MITIGATION for details.
(f) Standard erosion and storm water runoff control measures must be
5) Nonconforming structures within the shorelands which are damaged or
destroyed by violent wind, ice, vandalism, fire or flood may be reconstructed
(a) Damage which is due to an intentional act of the owner may only be
repaired in conformity with the ordinance.
(b) The owner must establish by competent evidence the specific extent
of damage to a structure and its improvements.
(c) Repair and reconstruction are limited to that part of a structure
and its specific improvements which were actually damaged and similar building materials are employed.
(d) Repair and reconstruction are in compliance with all other provisions of applicable ordinances.
(e) MITIGATION may be required. See Section 4.419 MITIGATION.
(f) A land use permit is required.
(g) Standard erosion and storm water runoff control measures must be
6) Existing nonconforming boathouses. The ORDINARY MAINTENANCE AND
REPAIR of nonconforming boathouses that extend waterward beyond the ordinary high-water mark of any navigable waters shall comply with the requirements of s.30.121, Wisc Stats (Overwater Boathouses).
7) Nonconforming patios, screen porches and similar structures.
(1) Such structures are allowed ORDINARY MAINTENANCE AND
(2) Such structures shall be replaced only by variance.
(3) The open nature of the structure must be maintained. Such
structures shall not be roofed, or enclosed with screened, solid or
similar walls. Existing screen walls may be replaced as ORDINARY
MAINTENANCE AND REPAIR.
(1) Decks may be replaced within the existing footprint.
(2) Roofs shall not be constructed above decks.
(3) Decks shall not be screened or enclosed.
4.422 IMPERVIOUS SURFACE LIMITATIONS
INTRODUCTION: Extensive research shows that shoreland development results in increased quantities and velocities of runoff that may overwhelm infiltration capacity and transport sediment, nutrients and other pollutants directly to surface waters if proper management is not employed.
1) The maximum total area of impervious surfaces shall not exceed fifteen percent
(15%) of a total shoreland lot area within 300’ of the ordinary high-water mark .
2) The limitation on impervious surfaces may be increased to no more than twenty-five
percent (25%) only with a Conditional Use Permit. A conditional use application shall include, at a minimum, the following documentation:
(a) A topographic survey of sufficient scale (not less than 1” = 20’) showing pre-
construction and pre-excavation conditions including slopes/contours, water bodies, wetlands, vegetative cover, drainageways, roadways, buildings and all other impervious surfaces and any unique physical features of the lot.
(b) A site plan of similar scale showing the information required in (a) as proposed post-construction conditions, and shall include all erosion/sedimentation control measures, diversion/containment structures and total calculations of lot area and impervious surfaces.
3) The limitation on impervious surfaces located more than 300 feet from the ordinary
high-water mark may be increased to no more than thirty percent (30%) only with the submission and approval of the Zoning Department of a Rainwater/Snow Run-off Retention Plan containing the same information required in 2(a) and 2(b) for a Conditional Use Permit.
1) New Condominiums – created on vacant property. Includes properties from which existing structures have been removed for the creation of the condominium. All new condominium development of land that is not part of an existing condominium of record shall be in accordance with WiStat.703.27 and shall comply with all requirements of this ordinance as they pertain to the issue of land use permits for residential dwelling construction.
2) New condominiums – created from a
3) Existing Condominiums. Upon adoption of this amendment, (adopted December 18, 2003 - effective January 5, 2004) existing condominiums of record, as indicated by the recording of a condominium plat and condominium declaration, that do not meet the minimum requirements for residential development as stated in this ordinance may expand only to the extent of the existing and proposed units as indicated on the recorded plat. The creation of additional units beyond those indicated on the plat shall be in accordance with 2) above.
4) The alteration of, or the addition to nonconforming condominium units, shall be in accordance with Section 4.421 STRUCTURES WITH NONCONFORMING SHORELINE SETBACKS.
4.51 Definitions. For the purpose of these regulations, certain words or terms used herein are amended into Section 2.0, Definitions of the Sawyer Country Zoning Ordinance.
Airport Zones. All zones established by this section
are shown on the map dated September 11, 1975 entitled, Height Limitation Map
4.53 Height Limitation. Except as otherwise provided in this ordinance, no structure shall be constructed, altered, located, or permitted to remain after such construction, alteration, or location, to a height in excess of the height limit indicated on the Height Limitation Map.
1) Activities. No use may be made of land in any zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, or make it difficult for pilots to distinguish airport lights and others, or result in glare in the eyes of pilots using the airport, or impair visibility, in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.
2) The restrictions contained in this ordinance shall not apply to objects which are less than thirty-five (35) feet in height above ground level at the object site.
4.58 Hazard Marking and Lighting. If the Board of Adjustment grants a variance, the owner of the structure or tree in question shall permit the owner of the airport, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to the flyers the presence of an airport hazard.
4.59 Board of Adjustment.
1) Pursuant to Section 11.0.
2) Variances. Upon appeal in special cases, the Board of Adjustment may, after
investigation and public hearing, grant 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 this ordinance would result in unnecessary hardship, and such relief will do substantial justice and be in accord with the spirit of this ordinance, and does not create a hazard to the safe, normal operation of aircraft.
3) Fee: Submitted variance applications shall be accompanied by a fee to defray the cost of advertising, investigation, and processing. A copy of the current fee schedule shall be posted in the office of the Zoning Administrator.
Towns shall select from the following options, that option that best satisfies a Town’s position on the raising of chickens in nonagricultural zone districts. Each Town shall notify the Zoning Administrator in writing of that Town’s decision by February 15, 2010. Towns not providing written notification will be considered to have selected Option One as their option. Towns may change the selected option by submitting a resolution to the Zoning Administrator. However, the option that is in effect on January 1st of any year shall apply throughout that year.
4.61 OPTION ONE – RAISING CHICKENS IS PROHIBITED.
4.62 OPTION TWO – RAISING CHICKENS IS ALLOWED.
The following requirements are applicable to the raising of chickens, hens only, in all non agricultural zone districts.
1) A permit is not required to raise chickens.
2) No property owner shall:
(a) Keep a rooster.
(b) Keep more than six (6) hens per 20,000 square feet of parcel area, but not to exceed 25 chickens maximum regardless of parcel size.
(c) Keep any fowl (i.e., ducks, geese, guinea hens, turkeys etc.) other than chickens.
(d) Keep chickens inside of a dwelling.
(a) Chickens shall have access to a secure, fully enclosed, well ventilated yet wind/weather proof, roofed structure at all times.
(b) Chickens shall be completely enclosed at all times (i.e., chicken coop, fenced area to include overhead netting etc.) and shall not be allowed to roam free.
(c) The enclosure shall meet the minimum setbacks required of a dwelling. The most restrictive setbacks mandated by 4.417 Lake Class Development Standards or 18.0 Dimensional requirements shall apply.
(d) Residue or waste related to the raising of chicken shall be disposed of so as not to create a health hazard (i.e., composted, applied as fertilizer, buried, transported off of the property etc.).
Note: The following table is provided for information only. A Town may change its option at any time by Town Resolution
Town’s Selected Option
Date of Town Board Decision
January 11, 2010
January 13, 2010
February 9, 2010
January 18, 2010
January 11, 2010
December 29, 2009
January 11, 2010
February 8, 2010
January 12, 2010
December 30, 2009
February 9, 2010