The Docket · Government Meeting · DKT-2026-002859

On the agenda: Hudson Special Community Development Committee Work Session — CoLocation (Jul 11)

Past ⚠ Agenda Watch Hudson, Wisconsin · Thursday, July 11, 2024 — 2 years ago

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The published agenda for the July 11, 2024 meeting contains: "CoLocation". The meeting has passed. The agenda stays here as a permanent public record.

WhenThursday, July 11, 2024
Check the agenda document for the meeting time.

WhereHudson, Wisconsin

BodySpecial Community Development Committee Work Session

Money$20,000 was at stake

On the record“CoLocation”

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Community Development Committee Agenda
July 11, 2024 5:00 PM
St. Croix County Government Center - Room 1284
Government Center - 1101 Carmichael Road, Hudson, Wisconsin

Call to Order
Roll Call
Business
1.

Discussion of amendments to St. Croix County Code of Ordinances Chapter 15.

Date of Next Meeting
1.

Date of Next Meeting - July 23, 2024 1:00 PM

Adjournment
Reasonable efforts will be made to provide special accommodations for access to public meetings. To request a special
accommodation, please contact the County Clerk’s Office at (715) 386-4600 at least two business days prior to the time of the
meeting. Please see the County's website for available digital options to access the meeting.

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Discussion of amendments to St. Croix County Code of Ordinances Chapter
15.

Cover Memo
To:
From:
Date:
Agenda Item:

Community Development Committee
Ken Witt, County Administrator
Jason Kjeseth, Community Development Director
July 11, 2024
Discussion of amendments to St. Croix County Code of Ordinances Chapter 15.

Background Information:
The Committee is going to be discussing potential amendments to Chapter 15-General Zoning Ordinance. This work
session will start with Section 15.325 Conservation Design Development on page 46 of the ordinance. This is the second
work session on these amendments and any changes to the ordinance will require a separate public hearing and County
Board Approval.

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CHAPTER 15 ZONING ...........................................................................................................................................4143
EXECUTIVE SUMMARY......................................................................................................................................4143
Planning in St. Croix County ..........................................................................................................................4143
How to Read this Document..........................................................................................................................4143
Determining the Regulations for a Specific Site...............................................................................................5144
Determining Which Procedures Apply.............................................................................................................6145
INTRODUCTION...............................................................................................................................................6145
15.100 Title .................................................................................................................................................7146
15.105 Purpose ............................................................................................................................................7146
15.110 Authority ..........................................................................................................................................7146
15.115 Applicability ......................................................................................................................................7146
15.120 Consistency with Comprehensive Plan.................................................................................................8147
15.121 to 15.199 Reserved. ..........................................................................................................................8147
ZONING DISTRICTS .........................................................................................................................................8147
15.200 General Provisions.............................................................................................................................8147
15.205 Districts Established ..........................................................................................................................9148
15.210 Zoning Map ......................................................................................................................................9148
15.220 AG-1 Agricultural District....................................................................................................................9148
15.221 AG-2 Agricultural District ..................................................................................................................11150
15.230 R-1 Residential District.....................................................................................................................13152
15.231 R-2 Residential District.....................................................................................................................15154
15.232 R-3 Residential District.....................................................................................................................19158
15.240 C-1 Commercial District....................................................................................................................23161
15.241 C-2 Commercial District....................................................................................................................24162
15.242 C-3 Commercial District....................................................................................................................26163
15.250 I-1 Industrial District........................................................................................................................27165
15.251 I-2 Industrial District........................................................................................................................29166
15.252 NMO Nonmetallic Mining Overlay ......................................................................................................31168
15.275 CON Conservancy District.................................................................................................................31169
15.285 Use Table .......................................................................................................................................31169
15.286 to 15.299 Reserved. ........................................................................................................................39177
USE REGULATIONS ........................................................................................................................................39177
15.300 General Provisions ...........................................................................................................................40177
15.305 Accessory Structures & Uses ............................................................................................................40178
15.310 Adult Establishments .......................................................................................................................41179
15.315 Agricultural Entertainment and Farm Exhibitions ................................................................................42180
15.320 Airstrips ..........................................................................................................................................44181
15.322 Campgrounds..................................................................................................................................45182
15.325 Conservation Design Development....................................................................................................46184
15.330 Contractor Storage Yards .................................................................................................................48186
15.335 Chickens and Ducks.........................................................................................................................49186
15.340 Fences and Walls.............................................................................................................................49187
15.345 Home Occupations ..........................................................................................................................50187
15.350 Housing ..........................................................................................................................................53190
15.352 Salvage Operations..........................................................................................................................54191
15.353 Junk ...............................................................................................................................................55192
15.355 Kennels, Commercial .......................................................................................................................57194
15.360 Livestock Facilities ...........................................................................................................................58195
15.365 Mobile Tower Siting .........................................................................................................................60197
15.370 Nonmetallic Mining ..........................................................................................................................63200
15.371 Private One-Room Schoolhouse ........................................................................................................64201
15.373 Roadside Stands..............................................................................................................................64201
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15.375 Short-Term Rentals .........................................................................................................................65201
15.380 Signs ..............................................................................................................................................65202
15.381 Skiing Facilities................................................................................................................................78215
15.385 Solar Energy Systems (SES) .............................................................................................................79216
15.390 Temporary Structures and Uses........................................................................................................80217
15.395 Wind Energy Systems ......................................................................................................................81218
15.396 To 15.399 Reserved.........................................................................................................................90227
DEVELOPMENT STANDARDS ...........................................................................................................................90227
15.400 General Provisions ...........................................................................................................................91227
15.405 Access Management & Driveways .....................................................................................................92228
15.410 Building Height ..............................................................................................................................100237
15.415 Grading and Land Disturbance........................................................................................................101238
15.420 Screening, Landscaping & Tree Preservation....................................................................................102239
15.425 Lot Development ...........................................................................................................................108245
15.430 Parking and Loading ......................................................................................................................110247
15.431 To 15.499 Reserved.......................................................................................................................118255
PROCEDURES...............................................................................................................................................118255
15.500 General Provisions .........................................................................................................................118255
15.505 General Procedural Requirements & Authority..................................................................................119256
15.510 Pre-application ..............................................................................................................................120257
15.515 Completeness Review ....................................................................................................................121258
15.520 Notice Provisions ...........................................................................................................................121258
15.525 Public Hearings..............................................................................................................................122259
15.530 Town Recommendation..................................................................................................................122259
15.535 Specific Processes..........................................................................................................................122259
15.540 Text Amendments .........................................................................................................................122259
15.545 Rezonings .....................................................................................................................................125262
15.550 Conditional Use Permits .................................................................................................................127264
15.555 Land Use Permits...........................................................................................................................130267
15.560 Appeals.........................................................................................................................................131268
15.570 Variances ......................................................................................................................................132269
15.571 To 15.574 Reserved.......................................................................................................................134271
SUBMITTAL REQUIREMENTS.........................................................................................................................134271
15.575 General Provisions .........................................................................................................................134271
15.580 Technical Plans or Studies ..............................................................................................................134271
15.585 Digital applications.........................................................................................................................135272
15.590 Submittal Requirements and Application Checklists ..........................................................................135272
15.595 Fees .............................................................................................................................................140277
15.596 To 15.599 Reserved.......................................................................................................................140278
NONCONFORMITIES & VESTED RIGHTS ........................................................................................................141278
15.600 General Provisions .........................................................................................................................141278
15.605 Nonconforming uses ......................................................................................................................142279
15.610 Nonconforming Lots.......................................................................................................................143280
15.615 Nonconforming Structures..............................................................................................................143280
15.620 Nonconforming Site Improvements .................................................................................................143281
15.625 Applications and Projects in Progress ..............................................................................................144281
15.626 To 15.699 Reserved.......................................................................................................................144282
AGENCIES....................................................................................................................................................144282
15.700 General Provisions .........................................................................................................................145282
15.705 Zoning Land Use Administrator .......................................................................................................145282
15.710 Community Development Committee (CDC).....................................................................................145282
15.715 Board of Adjustment ......................................................................................................................145283
15.716 To 15.749 Reserved.......................................................................................................................146283
ENFORCEMENT ............................................................................................................................................146283
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15.750 General Provisions .........................................................................................................................146283
15.755 Violations ......................................................................................................................................146284
15.760 Penalties .......................................................................................................................................148285
15.765 Enforcement Procedures ................................................................................................................148285
15.770 Revocation of Permit or Approval ....................................................................................................149286
15.771 To 15.799 Reserved.......................................................................................................................149287
DEFINITIONS & RULES OF INTERPRETATION ................................................................................................149287
15.800 General Rules of Interpretation.......................................................................................................150287
15.805 Definitions.....................................................................................................................................150287
15.807 Acronyms......................................................................................................................................198335
15.810 Interpretation of Zoning Map..........................................................................................................199336
15.815 Conflicting Rules............................................................................................................................200337
15.816 To 15.899 Reserved.......................................................................................................................200337
15.900 LEGAL PROVISIONS...........................................................................................................................200338
15.900 Relationship to Other Provisions of the County Code ........................................................................200338
15.905 Zoning of Towns............................................................................................................................201338
15.910 Private Restrictions ........................................................................................................................201338
15.915 Severability ...................................................................................................................................201338
15.920 Repeal of existing ordinance...........................................................................................................201338
15.925 Effective Date................................................................................................................................201339
15.926 to 15.999 Reserved........................................................................................................................201339

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CHAPTER 15 ZONING
Contents:
Executive Summary
Introduction
Zoning Districts
Use Regulations
Development Standards
Procedures
Submittal Requirements
Nonconformities & Vested Rights
Agencies
Enforcement
Definitions & Rules of Interpretation
15.900 Legal Provisions

EXECUTIVE SUMMARY
The St. Croix County Zoning Code establishes standards and procedures for new development or redevelopment in the
County. The Zoning Code is not designed to be read from cover to cover. Instead, it is organized so readers may look up
only the parts they need. The list of subchapters in “How to Read this Document” shows the main topics and overall
organization of the Zoning Code. Later portions of this Executive Summary explain different ways to use the Zoning Code
to answer frequently asked questions.

Planning in St. Croix County
The major purpose of the Zoning Code is to implement the County’s long-term planning policies. These are found in its
comprehensive plan, the St. Croix County 202412-20435 Comprehensive Plan. As part of the comprehensive plan, the land
use chapter and Generalized Future Local Land Use map (vol. 1-11) establishes long-term policies for land use. The Zoning
Code establishes development and land use metrics that implement the comprehensive plan, and zoning districts that align
with the Generalized Future Local Land Use map. The Zoning Code provides clear rules about what is expected of
applicants in order to gain approval to develop land in the County. The County Board finds and determines this ordinance
is in substantial conformance with said Comprehensive Plan.
Effective on: 12/1/2019

How to Read this Document
The Zoning Code is not designed to be read from cover to cover. The code is written in a way that allows readers to quickly
find information that is of interest to their property or neighborhood. Purpose statements are included to assist readers in
understanding the intent of a regulation. In addition, the numbering conventions are consistent with the rest of the County
Code of Ordinances to maintain consistency.
How the Document is Organized
The Zoning Code is divided into 11 subchapters. These are structured so that the most frequently used information appears
first, with the definitions and technical information (such as submittal requirements) appearing later.
1.

The first subchapter, called Introduction, contains some basic information on the purpose of the Zoning Code. It
sets the stage for the remainder of the document.

The Zoning Districts establish the uses permitted in each district, conditional uses, and prohibited uses. They also
state which uses are allowed in limited situations, known as “conditional use,” and which are prohibited. Development
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standards for each zoning district are also included. These standards include metrics for residential density, height,
setbacks, open space, landscaping, design standards, and civic space. The districts indicate which composite building
and design standards apply. A Table showing the permitted and conditional uses in all districts is presented in §
15.285.
3.

The Use Regulations contain requirements for specific uses and development types that apply in all zoning districts.
Examples include accessory uses, home occupations, and signs. These uses may or may not be permitted as of right
or as a conditional use, depending on how they are listed in the applicable zoning district. The standards are designed
to address particular issues that are raised by the particular use - such as state or federal legal requirements, impact
on surrounding neighborhoods, or development allowances or incentives.

The Development Standards consolidate the development metrics that apply to all development and land uses in
the County’s zoning jurisdiction. This includes standards for site improvements such as access, parking, landscaping,
grading, and building height. It includes general standards for blocks and lots that determine how lots, blocks, and
setbacks are measured. Similarly, the building design and height standards establish standards and rules of
interpretation that guide the zoning districts standards.

The Procedures tell the applicant how projects are entitled. This subchapter provides information on the County’s
administrative framework and procedural workflows. Sections 15.500 through 15.530 provide general information
about the application process, public hearings, and notification. Sections 15.535 through 15.555 describe the
procedures for zoning approval, including rezonings, conditional uses, land use permits, appeals, and variances.
Processes to appeal and request variances from the Board of Adjustment are set out in section 15.560 and 15.570.

The Submittal Requirements provide a checklist of the information that applicants need to have a complete
application that the County can process. It also establishes fees.

The Nonconformities subchapter addresses situations where a use or building has been legally established before
new regulations that would otherwise not allow them. Under Wisconsin law, these uses are grandfathered, but may
have standards that dictate whether and how they can expand or continue. This subchapter also addresses the
grandfathering of building permits that are in process when the Zoning Code, or changes to the Zoning Code, are
adopted.

The Agencies subchapter establishes, or references state statutes relating to, the agencies involved in administering
the Zoning Code. These include the Community Development Committee, Zoning Land Use Administrator and Board
of Adjustment. The County Board of Supervisors is the County’s legislative body and adopts amendments to this
Chapter (including rezonings).

The Enforcement subchapter establishes procedures to enforce the Zoning Code, including penalties for violations.

10. The Definitions & Rules of Interpretation provide the Zoning Code’s “glossary.” It defines terms and phrases
used in the Zoning Code, the uses listed in the zoning districts, and acronyms. It also establishes rules of
interpretation, including rules for determining the location of zoning district boundaries.
11. The Legal Provisions include legal language such as the severability clause, how to apply standards that differ
from each other, and the effective date.
Purpose Statements
Many sections include an italicized summary or a purpose statement. These summaries are aids in explaining and
interpreting this Code. They are not separate standards. They will not be used to deny or condition development, but they
may be used to explain how the standards are applied. They may also include legislative findings, which provide facts that
support Code requirements.
Effective on: 11/11/2022

Determining the Regulations for a Specific Site
To determine the regulations of the Zoning Code applicable to a site, the user must first find the site on the “Official Zoning
Map.” The map will show the zoning district that is applied to the site. The official Zoning Map is maintained online through
the County’s Geographic Information Systems website.

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The reader should then look up all the relevant regulations. Start with the zoning districts and development standards. The
zoning districts state whether a use is allowed by right, allowed as a conditional use, or prohibited. The dimensional
standards in each district include the setback, building height and related standards that apply to the uses that are allowed.
In addition, readers should consult the Use Regulations to see if additional requirements apply to the use they are
contemplating.
Figure ES.1
St. Croix County Zoning Map

Screenshot of St. Croix County Zoning Map. Click here for a current version of the Zoning Map
Effective on: 12/1/2019

Determining Which Procedures Apply
Each section of the Procedures subchapter includes a process workflow. This starts with a subsection entitled “Applicability.”
This subsection describes the situations where a particular process is needed. If the section applies, the reader should then
consult the following subsections, which describe how an application is initiated, how an application is processed, the criteria
for review, and cross-references to other parts of the Zoning Code. In addition, most sections have a subsection entitled
“Scope of Approval” which describes the rights granted to an applicant by the issuance of approval of the permit. Keep in
mind that not all permits entitle an applicant to begin construction. In fact, most simply allow an applicant to proceed to
the next step in the approval process.
Effective on: 12/1/2019

INTRODUCTION
Contents:
15.100 Title
15.105 Purpose
15.110 Authority
15.115 Applicability
15.120 Consistency with Comprehensive Plan
15.121 to 15.199 Reserved.

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15.100 Title
This Chapter shall be cited as the "St. Croix County Zoning Code," and is referred to in this Chapter as "this Chapter" or
"this Code."
Effective on: 12/1/2019

15.105 Purpose
This Chapter is adopted to:

•

implement the St. Croix County Comprehensive Plan; and

•

promote the public health, safety, convenience and general welfare;

•

encourage planned and orderly land use development;

•

protect property values and the property tax base;

•

permit the careful planning and efficient maintenance of highway systems;

•

ensure adequate highway, utility, health, educational and recreational facilities;

•

recognize the needs of agriculture, forestry, industry and business in future growth;

•

encourage uses of land and other natural resources which are in accordance with their character and adaptability;

•

provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems;

•

encourage the protection of groundwater resources;

•

preserve wetlands;

•

conserve soil, water and forest resources;

•

protect the beauty and amenities of landscape and man-made developments;

•

provide healthy surroundings for family life;

•

to promote the efficient and economical use of public funds;

•

incorporate any master plan adopted under Wis. Stat. § 62.23(2) or (3) and the official map of any city or village in
the county adopted under Wis. Stat. § 62.23(6).

[Reference: Wis. Stat. §§ 59.69(1), 66.1001]
Effective on: 12/1/2019

15.110 Authority
This Chapter is adopted under the authority of Wis. Stat. §§ 59.69 to 59.698, 66.1001 to 66.1037; and additional authority
cited in specific sections of this Chapter.
Effective on: 12/1/2019

15.115 Applicability
1.

Generally. The following shall comply with this Chapter:
a.

The use of any land or water,

the size, shape and placement of lots,

the use, size and locations of structures on lots,

the installation and maintenance of water supply and waste disposal facilities,
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the filling, grading, lagooning and dredging and any land, and
f.

the cutting of shoreland vegetation, and

g.f. the subdivision of lots.
2.

Governmental Units
a.

Unless specifically exempted by law, all cities, villages, towns and counties shall comply with this Chapter and
obtain all necessary permits.

State agencies shall comply with this Chapter if Wis. Stat. § 13.48(13) applies.

Statutory Exemptions. This Chapter does not apply to any use, development, building or activity that is exempt
from this Chapter by state or federal law. This section supersedes any other section of this Chapter to the extent of
any inconsistency.

Effective on: 12/1/2019

15.120 Consistency with Comprehensive Plan
The County finds and determines that this Chapter is consistent with the St. Croix County Comprehensive Plan.
Effective on: 12/1/2019

15.121 to 15.199 Reserved.
Effective on: 12/1/2019

ZONING DISTRICTS
Contents:
15.200 General Provisions
15.205 Districts Established
15.210 Zoning Map
15.220 AG-1 Agricultural District
15.221 AG-2 Agricultural District
15.230 R-1 Residential District
15.231 R-2 Residential District
15.232 R-3 Residential District
15.240 C-1 Commercial District
15.241 C-2 Commercial District
15.242 C-3 Commercial District
15.250 I-1 Industrial District
15.251 I-2 Industrial District
15.252 NMO Nonmetallic Mining Overlay
15.275 CON Conservancy District
15.285 Use Table
15.286 to 15.299 Reserved.

15.200 General Provisions
1.

This Subchapter establishes the Zoning Districts, along with the use and dimensional standards for property within
each district. [⇔ § 15.285 establishes the uses allowed within each district]

2.1. This Subchapter applies to those towns which approve its application.
Effective on: 12/1/2019

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15.205 Districts Established
1.

This subchapter divides the area to which it applies into districts. Each district has its own rules on use, yard space,
lot size and building height.

The zoning districts are categorized as bBase and, oOverlay, and Planned districts, as follows:
Table 15.205.1 District Categories
District Category

Description

Districts (Symbol)

Base

Districts that establish uniform use, dimensional and
design standards.

Agricultural (AG-1)
Agricultural (AG-2)
Residential (R-1)
Residential (R-2)
Residential (R-3)
Commercial (C-1)
Commercial (C-2)
Commercial (C-3)
Industrial (I-1)
Industrial (I-2)
Conservancy (CON)

Overlay

A zoning district that is superimposed on one or more
Shoreland Overlay (SO)
other zoning districts and imposes additional restrictions on Lower St. Croix Riverway Overlay (SCR)
the underlying bBase or Planned districts.
Floodplain Overlay (FO)
Non-Metallic Mining Overlay (NMO)

Effective on: 11/11/2022

15.210 Zoning Map
1.

The locations of the zoning districts are shown on the St. Croix County Official Zoning Map (the “Zoning Map”).

The Zoning Map is available online through the St. Croix County website and in the Zoning Administrator's
office. Refer to § 15.810.

Effective on: 12/1/2019

15.220 AG-1 Agricultural District
Purpose: The purpose of the AG-1 District - is to preserve productive agricultural lands, protect existing farm and forestry
operations from encroachment by incompatible uses, promote further investments in farming and maintain farmer eligibility
for incentive programs. The AG-1 District meets the criteria for certification as a Farmland Preservation Zoning District under
Wis. Stat. §91.38.

• Provides for a wide range of traditional agricultural and agricultural accessory uses at various scales and

accommodates all activities typically associated with the primary production and harvesting of crops, livestock, animal
products or plant materials, recognizing that those uses may involve noise, dust, odor, use of heavy equipment and
chemicals, and long hours of operation.

•

Conditionally allows for incidental processing, packaging, storage, transportation, distribution and other activities
intended to add value to agricultural products produced on premises or to ready those products for market, given the
potential that they may pose for conflicts with agricultural uses due to volumes or speed of vehicular traffic, or in light
of existing residential density, proximity to incompatible uses, environmental impacts or degradation of or loss of
agriculturally productive lands.

•

Allows other incidental activities, compatible with agricultural uses as a supplement to family income and supportive
of the agricultural community.

•

Provides additional economic opportunities for property owners that are generally compatible with agricultural uses,
such as the establishment of new small-scale farming operations.

•

Locates new farm residences in a manner that will minimize impacts on roads, soils and existing agricultural land
uses.
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•
•
•
•
•

Preserves remnant parcels of productive agricultural land following development of adjoining properties.

•
•

Paces and shapes urban growth.

Preserves land for production of food and fiber.
Preserves productive farms by preventing land use conflicts between incompatible users.
Maintains a viable agricultural land base to support agricultural processing and service industries.
Reduces costs associated with the provision of governmental services to non-agricultural parcels scattered among
agricultural lands.
Meets the criteria for certification of this district as a Farmland Preservation Zoning District under Wis. Stat. § 91.38.

The AG-1 District is intended to apply to productive farm operation lands, including lands that have historically exhibited
good crop yields or are capable of such yields; lands which have been demonstrated to be productive for dairying,
livestock raising and grazing; or other lands that are integral parts of such farm operations; land used for the production
of specialty crops such as sod, fruits and vegetables; lands which are capable of productive use through economically
feasible improvements such as irrigation; and lands consisting of undeveloped natural resource and open space areas.
1.

Permitted and Conditional Uses.
a.

Refer to § 15.285.

Minor subdivisions resulting in the creation of 4 or less lots over a 5-year period are permitted.

Lot Size and Land Division.
a.

Land zoned AG-1 has a maximum density of one principal dwelling per 40 acres or full quarter-quarter (1/41/4) section.

Land divisions resulting in new lots smaller than 35 acres are permitted through the Minor Subdivision process,
limited to the creation of 4 or less lots over a 5-year period.

3.2. Dimensional Standards.
Table 15.220.1 AG-1 Dimensional Standards
1

Lot area (min)

3 acres

Density (max)

1 principal dwelling per 40 acres or quarter-quarter (¼ - ¼) section

Height (max)

2 ½ stories / 35 feet (whichever is less)
No height limit applies to agricultural accessory uses such as silos, bins, barns and seed storage facilities

Street setback (min)

50'

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure, 100' structure that houses animals

Rear setback (min)

25’ for principal building
5’ accessory structure, 100' structure that houses animals

Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres
An “accessory structure” is a structure that is detached from all other structures by at least 10’, measured from the edge of each roof overhang.
Accessory structures that do not meet this standard or are attached to the principal building are considered part of the principal building and are
subject to all dimensional standards applicable to the principal building.
The Community Development Department shall determine allowable farm divisions to ensure that farms existing as of the effective date of this section
are not divided so as to create in excess of the allowable number of lots per quarter-quarter (1/4 - 1/4). Remaining acreage of a farm not
constituting a full quarter-quarter (1/4 - 1/4) shall be divided by 40, with the resulting quotient used to determine the number of additional residential
units allowed (fractions are rounded down to whole numbers).

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Figure 15.220.1 AG-1 Dimensional Standards

4. Restriction on Rezoning. No land in the AG-1 District shall be rezoned except in accordance with § 15.545 and Wis.
Stat. § 91.48.
Effective on: 11/11/2022

15.221 AG-2 Agricultural District
Purpose: The purpose of the AG-2 District: is to preserve productive agricultural lands, protect existing farm and forestry
operations from encroachment by incompatible uses, promote further investments in farming and maintain farmer eligibility
for incentive programs. The AG-1 District meets the criteria for certification as a Farmland Preservation Zoning District under
Wis. Stat. §91.38.

•

Provide for a wide range of agricultural, agricultural accessory and agriculture- related uses, at various scales of
operation while providing for the minimum lot area necessary to accommodate such uses.

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Accommodate uses which are commercial or industrial in nature; are associated with agricultural production; and
require a rural location due to extensive land area needs or proximity to agricultural resources and which do not
require urban services.

•

Meets the criteria for certification of this district as a Farmland Preservation Zoning District under Wis. Stat. § 91.38.

In appearance and operation, tThe permitted uses in the AG-2 District are often indistinguishable from an active farm
operation. Conditional uses in this District are clearly commercial or industrial in nature and may involve facilities or
processes that require a remote location distant from incompatible uses, proximity to agricultural products or suppliers
and/or access to utility services or major transportation infrastructure.
Examples of uses in the AG-2 District include, but are not limited to, agricultural support services, value-added or related
businesses such as implement dealers, veterinary clinics, farm machinery repair shops, agricultural sales facilities,
marketing, storage and distribution centers, plant and tree nurseries and facilities for the processing of natural agricultural
products or by-products, including fruits, vegetables, silage or animal proteins. Those activities are characterized by: (1)
Wholesale or retail sales and outdoor storage/display of agriculture-related equipment, inputs and products; (2) The use of
parking areas, outdoor lighting and signage appropriate to the scale of the use; (3) Small, medium or large utilitarian
structures, facilities or workshops, appropriate to the scale of the use; (4) Low to moderate traffic volumes; and (5) Noises,
odor, dust or other potential nuisances associated with agriculture-related production or processing.
1.

Permitted and Conditional Uses. Refer to Sec. 15.285.

Lot Size and Land Division.
a.

Land zoned AG-2 has a maximum density of one principal dwelling per 20 acres or one-half of a quarter-quarter
(1/4-1/4) section.

Land divisions resulting in new lots smaller than 35 acres are permitted through the Minor Subdivision process,
limited to the creation of 4 or less lots over a 5-year period.

3.2. Dimensional Standards.
Table 15.221.1 AG-2 Dimensional Standards
1

Lot area (min)

3 acres

Density (max)

2 principal dwellings per 40 acres or quarter-quarter (¼ - ¼) section

Height (max)

2 ½ stories / 3 45 feet (whichever is less)
No height limit applies to agricultural accessory uses such as silos, bins, barns and seed storage facilities

Street setback (min)

50'

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure, 100' structure that houses animals

Rear setback (min)

25’ for principal building
5’ accessory structure, 100' structure that houses animals

Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres
An “accessory structure” is a structure that is detached from all other structures by at least 10’, measured from the edge of each roof overhang.
Accessory structures that do not meet this standard or are attached to the principal building are considered part of the principal building and are
subject to all dimensional standards applicable to the principal building.
The Community Development Department shall determine allowable farm divisions to ensure that farms existing as of the effective date of this section
are not divided so as to create in excess of the allowable number of lots per quarter-quarter (1/4 - 1/4). Remaining acreage of a farm not
constituting a full quarter-quarter (1/4 - 1/4) shall be divided by 20, with the resulting quotient used to determine the number of additional residential
units allowed (fractions are rounded down to whole numbers).

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Figure 15.221.1 AG-2 Dimensional Standards

4. Restriction on Rezoning. No land in the AG-2 District shall be rezoned except in accordance with § 15.545 and Wis.
Stat. § 91.48
Effective on: 11/11/2022

15.230 R-1 Residential District
Purpose: The R-1 district establishes areas within which agricultural uses, commercial uses serving agriculture and limited
residential uses with a rural character are located. The R-1 District includes areas in or adjacent to agricultural uses, and
that may retain an agricultural character. However, exclusive agricultural use (i.e. AG-1 or AG-2) on an area-wide basis is
not warranted due to the existence of residential uses, demonstrated or expected ability of farm and selected nonfarm uses
to exist in close proximity without undue conflict, the need to buffer agricultural and urban-residential uses, and related
factors.
1.

Permitted and Conditional Uses
a.

Refer to Sec. 15.285.

Minor Subdivisions resulting in the creation of 4 or less lots are permitted

Density and Lots
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Maximum residential density. Parcels of land existing on the effective date of this chapter shall not be divided
into more than 4 lots per 40 acres (or portion thereof).
1.

Calculation. The allowable number of residential lots shall be calculated by dividing the size of the parcel
by 10. (Example: A parcel of 35 acres results in 35 ÷ 10 = 3.5 lots.)

Rounding. Any fractional lot resulting from the calculation in 2.a.1 which is at least .75 shall be rounded
up to the next whole number.

Existing Residences. Any residence which exists on the parcel of land to be divided shall count against the
maximum residential density allowed.

Transfers. Within the parcel established on the effective date of this Chapter, the transfer of density, under
the same ownership, is permitted. Such transfer may cross a public or private road to a parcel which has
opposite frontage.

5. Exception for existing lots. Parcels less than 17.5 acres existing on the effective date of this ordinance may
be divided into two residential lots subject to the requirements of this ordinance and Chapter 13 St. Croix County
Land Division Ordinance.
b.

Lots less than 17.5 acres created after the effective date of this ordinance are not eligible to be divided into two
residential lots while zoned R1.

No lot shall be created which does not carry with it the allowance for at least one dwelling unit unless identified
on the Certified Survey Map as an outlot that may not be improved for residential use.

d.a. The number of potential lots that may be created from an existing parcel while it is zoned R-1 will be calculated
by the Zoning Land Use Administrator whenever a land division is proposed. The allowable number of parcels
shall be calculated by dividing the size of the parcel at adoption of this ordinance by 10. (Example: 35 acre
parcel/10=3.5 which rounds up to 4 lots)
3. All land divisions are subject to the requirements of this ordinance and shall meet Chapter 13 - St. Croix
County Land
Division Ordinance.
4. Dimensional Standards.
Table 15.230.1 R-1 Dimensional Standards
Standard Design
1

Lot area (min)

1.5 acre minimum

Density (max)

1 principal dwelling per 10 acres

Height (max)

Principal Building:
2 ½ stories / 35 feet (whichever is less)
Additional 1’ allowed per 1’ additional setback from all property lines (up to 1 additional
story/10’)
Accessory Structure:
25 feet, plus additional 1' allowed per 1' additional setback from all property lines, not
to exceed five additional feet in height
No height limit applies to agricultural accessory uses such as silos, bins, barns and seed
storage facilities

Street setback (min)

50'

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure,100' structure housing animals

Rear setback (min)

25’ for principal building
5’ accessory structure, 100' structure housing animals

7
Open Space (min)
-Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable.
An “accessory structure” is a structure that is detached from all other structures by at least 10’, measured from the edge of each roof overhang.
Accessory structures that do not meet this standard or are attached to the principal building are considered part of the principal building and are
subject to all dimensional standards applicable to the principal building.

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Figure 15.230.1 R-1 Dimensional Standards

Effective on: 11/11/2022

15.231 R-2 Residential District
Purpose: The R-2 district provides for limited residential uses with a rural character. The R-2 district and provides for higher
residential density than R-1. , buffering the County’s agricultural base and complementary residential development from
residential neighborhoods and commercial areas. This district restricts agricultural uses to lower-intensity operations
consistent with residential neighborhoods, and to prevents large-scale or noxious agricultural processing uses.
1.

Permitted and Conditional Uses
a.

Refer to Sec. 15.285.

Dimensional Standards.
Table 15.231.1 R-2 Dimensional Standards
Standard Design

Conservation Design

Lot area (min)

1.5 acres

Density (max)

See Subdivision Ordinance Add Link

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Table 15.231.1 R-2 Dimensional Standards

Height (max)

Principal Building:
2 ½ stories / 35 feet (whichever is less)
Additional 1’ allowed per 1’ additional setback from all property lines (up to 1 additional story/10’)
Accessory Structure:
25 feet, plus additional 1' allowed per 1' additional setback from all property lines, not to exceed five additional
feet in height
No height limit applies to agricultural accessory uses such as silos, bins, barns and seed storage facilities

Street setback (min)

50'

25'

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure

10’ for principal building
5’ accessory structure

Rear setback (min)

25’ for principal building
5’ accessory structure

10’ for principal building
5’ accessory structure

7
Open Space (min)
-4065% of gross site area
Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable.
An “accessory structure” is a structure that is detached from all other structures by at least 10’, measured from the edge of each roof overhang.
Accessory structures that do not meet this standard or are attached to the principal building are considered part of the principal building and are
subject to all dimensional standards applicable to the principal building.

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Figure 15.231.1 R-2 Dimensional Standards

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Page 18
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Effective on: 11/11/2022

15.232 R-3 Residential District
Purpose: The R-3 district accommodates and protects the essential characteristics of areas with a predominantly low-density
residential character, along with community and recreational uses that serve the district’s residents. The R-3 district allows
limited multi-family appropriate for rural areas and requires extension of municipal water and wastewater treatment or a
common septic or community wastewater treatment system. Lower-density multi-family uses are allowed depending on site
characteristics and town/county plans.
1.

Permitted and Conditional Uses
a.

Refer to Sec. 15.285.

Dimensional Standards.

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Table 15.232.1 R-3 Dimensional Standards
Standard Design

Conservation Design

Lot area (min)

Sewered lots: 14,520 sf (1/3 acre)

Density (max)

3 principal dwelling units per acre
Maximum 8 attached dwellings per building

4.5 principal dwelling units per acre
Maximum 8 attached dwellings per building

Height (max)

Principal Building:
2 ½ stories / 35 feet (whichever is less)
Additional 1’ allowed per 1’ additional setback from all property lines (up to 1 additional story/10’)
Accessory Structure:
25 feet, plus additional 1' allowed per 1' additional setback from all property lines, not to exceed five additional
feet in height

Street setback (min)

25'

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure

10’ for principal building
5’ accessory structure

Rear setback (min)

25’ for principal building
5’ accessory structure

10’ for principal building
5’ accessory structure

Open Space (min)

5040% of gross site area

Landscaping / Civic
Space (min)

10% of lot area

1
2

Notes: “min" = minimum required | “max” = maximum allowed | “DU" = dwelling unit | “ac” = gross acres | -- = not applicable.
An “accessory structure” is a structure that is detached from all other structures by at least 10’, measured from the edge of each roof overhang.
Accessory structures that do not meet this standard or are attached to the principal building are considered part of the principal building and are
subject to all dimensional standards applicable to the principal building.

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Figure 15.232.1 R-3 Dimensional Standards

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Page 22
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Effective on: 11/11/2022

15.240 C-1 Commercial District
Purpose: The C-1 district is established for commercial uses in areas that serve the County’s agricultural businesses and
rural communities. This district accommodates commercial and other non-residential uses while protecting surrounding
properties from excessive noise, traffic, drainage, or other potential nuisance factors. Landscaping, parking, and paving
standards appropriate for rural areas are established in the Development Standards subchapter to protect surrounding
development, minimize stormwater runoff, and mitigate aesthetic impacts consistent with a rural environment.
1.

Permitted and Conditional Uses. Refer to § 15.285.

Dimensional Standards.
Table 15.240.1 C-1 Dimensional Standards

Lot area (min)

1.5 acres

Density (max)

Height (max)

2 ½ stories / 35 feet (whichever is greater)

Street setback (min)

50'

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Table 15.240.1 C-1 Dimensional Standards
5

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure

Rear setback (min)

25’ for principal building
5’ accessory structure

Residential setback (min) 50’ principal building and 20’ for accessory structure abutting residential zoning district or use

Landscaping / Civic
Space (min)

5% of lot area, may be used for stormwater collection area.

Figure 15.240.1 C-1 Dimensional Standards

Effective on: 11/11/2022

15.241 C-2 Commercial District

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Purpose: The C-2 district provides for rural and agricultural tourism and entertainment uses such as wedding barns,
agritourism activities with sales of off-site products, outdoor recreation, and related activities. This district accommodates
those uses while protecting surrounding properties from excessive noise, traffic, drainage, or other potential nuisance
factors.
1.

Permitted and Conditional Uses. Agricultural Entertainment and Agritainment, consistent with the Use
Regulations.

Dimensional Standards. Agricultural Entertainment and Agritainment, consistent with the Use Regulations.
Table 15.241.1 C-2 Dimensional Standards

Lot area (min)

3 acres

Density (max)

Height (max)

2 ½ stories / 35 feet (whichever is greater)

Street setback (min)

50'

Side setback (min)

10’ any side / 25’ aggregate for principal structure
5’ accessory structure

Rear setback (min)

25’ for principal structure
5’ accessory structure

Residential setback (min) 50’ principal building and 20’ for accessory structure abutting residential zoning district or use

Landscaping / Civic
Space (min)

5% of lot area, may be used for stormwater collection.

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Figure 15.241.1 C-2 Dimensional Standards

Effective on: 11/11/2022

15.242 C-3 Commercial District
Purpose: The C-3 district is established to provide for commercial uses in corridors and centers that are accessible to
residential neighborhoods or other businesses. This district accommodates commercial and other non-residential uses while
protecting surrounding properties from excessive noise, traffic, drainage, or other potential nuisance factors. Landscaping,
parking, and paving standards are established in the Development Standards subchapter to protect surrounding
development, minimize stormwater runoff, and mitigate aesthetic impacts consistent with development in and abutting
corridors and centers.
1.

Permitted and Conditional Uses. Refer to § 15.285.

Dimensional Standards.
Table 15.242.1 C-3 Dimensional Standards

Lot area (min)

1.5 acres

Density (max)

Height (max)

2 ½ stories / 35 feet (whichever is greater)

Street setback (min)

50'

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Table 15.242.1 C-3 Dimensional Standards
5

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure

Rear setback (min)

25’ for principal building
5’ accessory structure

Residential setback (min) 50’ principal building and 20’ for accessory structure abutting residential zoning district or use

Landscaping / Civic
Space (min)

105% of lot area

Figure 15.242.1 C-3 Dimensional Standards

Effective on: 11/11/2022

15.250 I-1 Industrial District

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Purpose: The I-1 District provides for development of light industrial uses in an industrial park setting, or for employment
or production type uses that are fully enclosed and have low intensity and environmental, noise, vibration, or related
impacts. These uses may include amenities and open space that serve employees, including limited and internalized retail
and service uses.
1.

Permitted and Conditional Uses. Refer to § 15.285.

Dimensional Standards.
Table 15.250.1 I-1 Dimensional Standards

Lot area (min)

1.5 acres

Density (max)

Height (max)

2 ½ stories / 35 feet (whichever is greater)

Street setback (min)

50 feet

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure

Rear setback (min)

25’ for principal building
5’ accessory structure

Residential setback (min) 50’ principal building and 20’ for accessory structure abutting residential zoning district or use

Landscaping / Civic
Space (min)

15% of lot area

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Figure 15.250.1 I-1 Dimensional Standards

Effective on: 11/11/2022

15.251 I-2 Industrial District
Purpose: The I-2 district is created to accommodate production, processing, assembly, warehousing and distribution uses
with related outdoor storage needs. These uses potentially create impacts relating to noise, dust, vibration, air and water
quality, and traffic and should be located apart from residential neighborhoods and public gathering areas.
The Heavy Industrial district requires sufficient space in appropriate locations for industrial uses while protecting
surrounding properties from excessive noise, traffic, drainage, or other potential nuisance factors and air, water or thermal
pollution or any other environmental degradation.
The district also protects locations where a variety of compatible industrial uses are located. Residential and institutional
uses that are not compatible with the permitted industrial uses and would impede the development of industrially zoned
lands for industrial purposes are prohibited.
1.

Permitted and Conditional Uses. Refer to § 15.285.

Dimensional Standards.

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Table 15.251.1 I-2 Dimensional Standards
1

Lot area (min)

1.5 acres

Density (max)

Height (max)

2 ½ stories / 35 feet (whichever is greater)

Street setback (min)

50 feet

Side setback (min)

10’ any side / 25’ aggregate for principal building
5’ accessory structure

Rear setback (min)

25’ for principal building
5’ accessory structure

Residential setback (min) 100’ for principal building and 20’ for accessory structure abutting residential zoning district or use

Landscaping / Civic
Space (min)

15% of lot area

Figure 15.251.1 I-2 Dimensional Standards

Effective on: 11/11/2022

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15.252 NMO Nonmetallic Mining Overlay
Purpose: The Nonmetallic Mining Overlay provides for the site location of new and expansion of existing heavy
industrial non-metallic mining sites. Nonmetallic mining is an important industry that contributes to the County's economic
well-being. However, heavy industrial mining operations, if not properly sited and regulated, can create short-term and
long-term damage to the physical environment and tax base. The NMO allows the County to permit the expansion of
existing heavy industrial mining sites, engage in case-by-case review of proposals for new heavy industrial mining sites,
and regulate heavy industrial mining to minimize or prevent damage to the public and to restore mining sites to a useful
and stable condition after mining ceases.
1.

Permitted and Conditional Uses. The following uses are allowed:
a.

Heavy Industrial Mining operations, subject to an approved reclamation plan and any conditions of approval of
an NMO district, and consistent with Chapter 14 of the County Code, all applicable state and federal regulations,
and any conditions of a permit or reclamation plan approved by the County and the State of Wisconsin; and

Permitted and conditional uses allowed in the base district, subject to their applicable requirements and approval
processes.

Dimensional Standards.
a.

The nonmetallic mining site must comply with any buffer zone, setback, height, or area of operations standards
required by Chapter 14 of the County Code, any state or federal statute, and any condition of a state or County
permit.

Any land use subject to a reclamation plan shall comply with the base district requirements, any condition of
rezoning to an NMO district, and any State or County-approved reclamation plan in effect when the use is
established.

Effective on: 11/11/2022

15.275 CON Conservancy District
Purpose: The Conservancy District preserves and perpetuates in an open state areas such as lowland swamps, marshes
and wetlands, floodplains and stream beds, slopes, bluffs, wooded areas, native or restored prairie, parks, recreation areas,
wildlife habitat and other areas of aesthetic value which, because of their unique physical features, are deemed desirable
to be retained for the benefit of this and future generations. The Conservancy District regulations:

•
•

preserve and perpetuate open space land and water areas consistent with the intent and purpose of this chapter, and

Permitted and Conditional Uses. Refer to Sec. 15.285.

Dimensional Standards.

protect the community and the County from costs and consequences that are incurred when unsuitable development
occurs in those areas which, because of their unique physical features, are deemed desirable to be retained for the
benefit of this and future generations.

Table 15.275.1 Conservancy District Dimensional Standards
1

Impervious surface
coverage (max)

10%

2
Street setback (min)
50 feet
Notes: “min" = minimum required | “max” = maximum allowed.
Impervious surface coverage is calculated by dividing the surface area of existing and proposed impervious surfaces on the lot or parcel by the total
area of the lot or parcel and multiplying the result by 100. Impervious calculations do not include any area within the Right-of-Way (ROW).
Effective on: 11/11/2022

15.285 Use Table

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Use Categories. The Use Table (see Table 15.285.2) establishes uses permitted within each zoning district, and
how they are permitted. The uses permitted in each of the Zoning Districts established in this Chapter are defined
as follows:
Table 15.285.1 Use Categories

Permitted by Right

Uses in the Use Table identified by "P" in any column are permitted subject to district regulations, any
conditions of rezoning, and the conditions specified in the Use Regulations or Development Standards or
elsewhere in this Chapter. Any by-right, conditional or accessory use permitted in any district must comply
with the requirements of the district in which it is located unless the Board of Adjustment approves a variance
from those requirements.

Land Use Permit

The use is permitted if a land use permit is issued (see § 15.555).

Conditional Use

Conditional Uses are uses that are allowed only after the County Board of Adjustment reviews the proposed
use, holds a public hearing and decides whether to approve the use, based upon the application of standards
found in this subchapter or in § 15.550. Conditional uses are also subject to any conditions and limitations
specified in the Use Regulations or imposed as a condition of rezoning conditional use permit approval. See
Submittal Requirements for application information.

Accessory

Uses in the Use Table identified with an “A” are permitted only as an accessory use to another use that is
permitted as a by right or conditional use in the applicable district.

Use Regulations

Permission, standards and location determined by Use Regulations

Not Permitted

Uses in the Use Table identified by a blank cell are not permitted in that particular district.

Not Listed

Not permitted unless the use is approved as provided in subsection 3 below.

Additional Regulations Apply. The fact that a use is shown as a permitted use does not always mean that the
project may proceed. The Chapter 12 Sanitary, Chapter 13 Land Division, or other sections of this code may result
in a permitted use not being allowed to proceed, depending upon the manner in which those provisions apply.

Uses Not Listed
a.

The Zoning Land Use Administrator may determine that an unlisted use is permitted by right or as a conditional
use if sufficiently similar in nature and impact to a permitted use or a conditional use. The Zoning Land Use
Administrator may require the applicant to provide justification on how the proposed use is similar to one of the
uses listed in the use table. refer to any of the following factors as guidance in making this determination:

Whether the use has similar visual, traffic, environmental and similar impacts as an expressly listed use. The
Zoning Administrator may refer to empirical studies or generally accepted planning or engineering sources in
making this determination.

Whether the use is within the same industry classification as another permitted use. In making this
determination, the Administrator may refer to the most recent edition of the North American Industry
Classification System (NAICS) Manual, 2022. If the use is not defined in the NAICS, the Administrator may refer
to the American Planning Association, Land-Based Classification Standards LBCS Tables (April 1, 2001).

The burden is on the applicant to establish that the use is similar to the expressly listed use. The applicant
shall submit all proofs or verification that show that the proposed use is similar to another permitted or
conditional use and could be allowed.

The Zoning Administrator shall initially determine if a proposed use is similar to another permitted or conditional
use in the district and could be allowed.

If the Zoning Administrator determines that the proposed use is deemed sufficiently similar in nature and
impact to a permitted use or a conditional use, the applicant shall apply for a conditional use permit to the
Board of Adjustment.

e.a. If the Zoning Administrator determines that the proposed use does not meet the standards listed in subsection
a above, the proposed use shall be denied and the applicant notified in writing. The determination may be
appealed to the Board of Adjustment as an appeal of an administrative decision.
4.

Preemption. Uses regulated by the State of Wisconsin and exempt from local control are permitted subject to state
regulations.

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15.285.2 Use Table
Use Category

AG2

AG-1

R-1

R-2

R-3

C-1

C-2

C-3

I-1

I-2

CON

AGRICULTURE
Agriculture, Aquaculture

Agriculture, Beekeeping

Agriculture, Crop or Forage Production

Agriculture, Enrolled Land

Agriculture, Farm-Based Biopower Facility

A/C

Agriculture, Farm-Based Manure Processing
Facility

A/C

Agriculture, Floriculture

Agriculture, Forest Management

Agriculture, Fur Farm

Agriculture, Keeping Livestock

Agriculture, Sod or Christmas Tree
Production

Agriculture, Wholesale Nursery

Agricultural Resource Production

P
C

Animal Production, Other

Community Garden

Community Supported Agriculture (CSA)

Crop/Limited Agriculture

Grazing

Greenhouse

Harvesting of Wild Crops

Livestock Facility (< 200 animal units) (§
15.360; L where required
by Table 15.360.1)*

Livestock Facility (200-499 animal units) (§
15.360; L where required
by Table 15.360.1)*

Livestock Facility (> 500 animal units) (§
15.360; L where required
by Table 15.360.1)*

L/C

Manure Storage

Pick-Your-Own Operations

Raising of Chickens and Ducks*

P
P

A
P

C
P
A

Raising of Waterfowl, Fowl, and Fish

Stock Yard or Livestock Auction Facility

NATURAL RESOURCES

AG-1

AG-2

R-1

Filling, Draining, or Dredging of Wetlands

Undeveloped Natural Resources and Open
Space Land Use

RESIDENTIAL

AG-1

AG-2

R-1

R-2

R-3

C-1

R-2

R-3

C-2
P

C-1

C-2

C-3

I-1

I-2

CON

C-3

I-1

I-2

CON

Residences

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15.285.2 Use Table
Use Category

AG2

AG-1

Dwelling, Single-Family

R-1
P

R-2
P

R-3

C-1

C-2

C-3

I-1

I-2

CON

I-1

I-2

CON

Caretaker Unit

Conservation Design Development (§
15.325)*

Manufactured Home

Mobile Home Park

Community Living Arrangement (9-15
persons) (Wis. Stat. § 59.69(15))

Community Living Arrangement (> 15
persons) (Wis. Stat. § 59.69(15))

Dwelling, Rental or Secondary Farm
Dwelling, Two-Family
Farm Residence, Single-Family, Manufactured
P
and Modular

P
P

Mobile Home
Modular Home
Multifamily Dwelling
Temporary Residence (§ 15.390)*

P
L

Group Living

Foster Home / Adult Family Home (Wis. Stat.

§ 59.69(15)(bm), (br)2)

Life Care or Continuing Care Service

Retirement Housing Service

Skilled-Nursing Service (above intermediate

level nursing care)

LODGING

AG-1

AG-2

R-1

R-2

R-3

C-1

C-2

Boarding House
Bed and Breakfast (subject to Wis. Stat.

§ 97.01(1g) or 97.625(1p) as determined by
DATCP)

Campground, Private (§ 15.322)

Campground, Public (§ 15.322)

R-2

R-3

C
C

C
L

Hotel or Motel
Short-Term Rental (§ 15.375)*

ART, ENTERTAINMENT, & RECREATION

C
P

AG-1

AG-2

Adult Establishment (§ 15.310)*

R-1

C-1

C-2

C-3
L

Agricultural Entertainment (< 105 days) (§
15.315 L if > 100 persons during 24 hour
period)*

Agricultural Entertainment (> 105 days) (§
15.315; L if > 100 persons during 24 hour
period)*

A/C

Agricultural Entertainment (< 30 days)
(§ 15.315; L if > 100 persons during 24 hour
period)*

Agricultural Entertainment (> 30 days)
(§ 15.315; L if > 100 persons during 24 hour
period)*

Amusement or Theme Park

C-3
P

I-1
L

I-2

CON

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15.285.2 Use Table
Use Category

AG2

AG-1

Drive-In Theater

R-1

R-2

R-3

C-1

C-2

C
A

Farm Exhibition (> 5 days)
(§ 15.315; L if > 100 persons during 24 hour A/C
period)*

A/C

Game Arcade

I-2

CON

Golf Course
C

C
P

Indoor Recreational Facility

C
P

Miniature Golf

Museum

Outdoor Entertainment Facility

Outdoor Recreational Facility

C
C

Racetrack

C
C

Skiing Facilities *

Stadium, Arena, or Conference Center

C
C

Theater, Movie, or Performing Arts
Wedding Venue

I-1

Farm Exhibition (< 5 days)
(§ 15.315; L if > 100 persons during 24 hour A
period)*

Hiking, Biking, and Bridle Trails

C-3

Zoos, Botanical Gardens, Arboreta, and
similar uses

COMMERCIAL/MIXED USE

AG-1

AG-2

R-1

R-2

R-3

C-1

C-2

C-3

I-1

I-2

CON

Animal Services
Game Management

P P

Kennel, Commercial (§ 15.355)*

A/C

Stable, Commercial

A/C

Veterinary Clinic

Automotive
Automotive Parts, Accessories, and Tire
Stores

Automotive Service, Repair, and Towing

Car Wash

Dealerships (Motor, Off-Road, Watercraft,
and Implements)

Vehicle Service Station/(Charging Station)

Truck Service, Repair, and Towing

Day Care
Child Care Home, Family (< 8 children)

Child Care Center (Wis.Stat. § 48.65)

Group Day Care

Financial Services
Financial or Investment Institution

Food & Beverage Sales/Service
Bar or Tavern

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15.285.2 Use Table
Use Category

AG2

AG-1

R-1

R-2

R-3

C-1

C-2

C-3

Grocery Store

Liquor Store

Restaurant

Roadside Stand*

Sales - Processed or Preserved Agricultural
Products and Produce

I-1

I-2

CON

Mixed Uses
Vertical Mixed Use (retail or office withon
ground floor, residential on upper floors)

Office, Business & Professional
Postal, Courier, orand Messenger Service

Office

Plant or Livestock Genetic Laboratory

Postal Service

Personal/Business Services
Barber or Beauty Shop

Business Support Services

Funeral Home

Indoor Maintenance and Repair of Goods and
Equipment

Laundry

Retail Sales

Contractor Sales and Service

Convenience Store

Drug Store/Pharmacy

Garden Center
Landscape Supply and Contracting Business
(Plant or Tree Nursery)

Notion, Variety, or Gift Shop

Retail Sales and Service (< 10002500 sf)

Retail Sales and Service (> 2500 sf)
Riding Supply

C
A/C

A/C

Miscellaneous Commercial
Agricultural Supply
Business Conducted By Owner/Operator of
Farm*

A/C

Farm-Related Exhibition, Sale, or Event (5
days or less)(§ 15.315)*

Farm-Related Exhibition, Sale, or Event
(more than 5 days)(§ 15.315)*

Home Occupation, Major (§ 15.345)*

A/C

Home Occupation, Minor (§ 15.345)*

Motion Picture or Sound Recording
Sale or Storage of Agricultural Byproducts
Salvage Operation (§ 15.352)

P
C

L
C

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15.285.2 Use Table
Use Category
INFRASTRUCTURE

AG-1

AG2

R-1

R-2

R-3

C-1

C-2

C-3

I-1

I-2

CON

AG-1

AG-2

R-1

R-2

R-3

C-1

C-2

C-3

I-1

I-2

CON

Transportation/Parking
Airstrip (§ 15.320)*

Freight Terminal
Parking Facility

Taxi and Limousine Service

Transit System

Utilities
Air Conditioning and Steam Supply

Biopower Facility

Dam

Electric Generating Facility (Large Scale)

Electric Generating Facility (Small Scale)

Flowage Area
Irrigation and Industrial Water Supply

C
P

Power Plant
Large Solar Collector / Solar Energy
System ( § 15.385)*

C
C

Small Solar Collector / Solar Energy System (
P
§ 15.385)*

Utility, Major

Utility, Minor

Large Wind Energy System (§ 15.395)*

Small Wind Energy System (§ 15.395)*

Wired Communication/Cable Facility*
Battery Storage Facility

Communications Uses
Radio and Television Broadcasting Studio
Mobile Support Structures And Facilities (§
15.365; may require L)*

P
U

Waste-Related
Hazardous Waste Collection, Treatment, and
Disposal

Septic Tank and Related Services*

Solid Waste Collection, Treatment, and
Disposal

Solid Waste Processing or Transferring

PUBLIC, CIVIC, & INSTITUTIONAL

AG-1

AG-2

R-1

R-2

R-3

C-1

C-2

C-3

I-1

I-2

CON

Assembly
Governmental, Institutional, or Nonprofit
Community Use

Club or Lodge

Religious Institution

C
P

P
P

Civic and Open Space
Cemetery

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15.285.2 Use Table
Use Category

AG2

AG-1

R-1

R-2

R-3

C-1

C-2

C-3

I-1

I-2

CON

Burial Plot under Wis. Stat 157

Historic or Natural Resource

Open Space

Park
Educational Services
Personal Instruction Services
Private One-Room Schoolhouse

P
C

School (public or private)

Technical or Trade School

Public Administration / Institutional
Library

Correctional or Military Institution

Hospital

Medical Clinic

Public Safety

Social Services and Non-Profit Organizations
Child and Youth Services

Elderly and Disabled Services

Family Services (food, emergency, etc.)

INDUSTRIAL/PRODUCTION

AG-1

AG-2

R-1

R-2

R-3

C-1

C-2

C-3

I-1

I-2

CON

Manufacturing & Employment
Agricultural Products Processing

Asphalt Plant

Brewery or Distillery

Building Construction Services
Composting, Commercial

Forest Products Processing

Heavy Construction Services

C
P

Industry, Heavy

Industry, Light

Manure Processing Facility

Recycling Facility

Renewable Fuel Manufacturing

C
A

C
C

Slaughterhouse
Winery

C
A

Mining & Natural Resource Extraction
Heavy Industrial Mining (if located within the
NMO District 15.252)

Metal Extraction

Nonmetallic Mining, (§ 15.370)*

Temporary Nonmetallic Mining (§ 15.370)

Warehousing, Storage & Distribution

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15.285.2 Use Table
Use Category

AG2

AG-1

Contractor Storage Yard (§ 15.330)*

R-1
C

R-2

R-3

C-2

C-3
L

I-2
L

Warehouse (Greater than 20,000 sf)

Warehouse (Less than 20,000 sf)

Wholesaling

Propane Storage and Distribution
Seasonal Storage

I-1
L

Dead Stock Hauling Service

C-1

Self Storage Facility

CON

Wrecking and Demolition Service

R-2

R-3

C-1

C-2

C-3

Accessory Structures & Uses*

MISCELLANEOUS
A

AG-1

AG-2
A

R-1

Portable Storage Unit

Outdoor Junk Storage (§ 15.353)*

Minor Subdivisions

Major Subdivisions

I-1

I-2

CON
A

Notes:
P = Permitted | L = Land Use Permit required | C = Conditional | * = Use Regulations apply | U = approval determined by Use
Regulations A = Accessory Use
Effective on: 11/11/2022

15.286 to 15.299 Reserved.

USE REGULATIONS
Contents:
15.300 General Provisions
15.305 Accessory Structures & Uses
15.310 Adult Establishments
15.315 Agricultural Entertainment and Agritourism Uses
15.320 Airstrips
15.322 Campgrounds
15.325 Conservation Design Development
15.330 Contractor Storage Yards
15.335 Chickens and Ducks
15.340 Fences and Walls
15.345 Home Occupations
15.350 Housing
15.352 Salvage Operations
15.353 Junk
15.355 Kennels, Commercial
15.360 Livestock Facilities
15.365 Mobile Tower Siting
15.370 Nonmetallic Mining
15.371 Private One-Room Schoolhouse

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15.373 Roadside Stands
15.375 Short-Term Rentals
15.380 Signs
15.381 Skiing Facilities
15.385 Solar Energy
15.390 Temporary Structures and Uses
15.395 Wind Energy Systems
15.396 To 15.399 Reserved.

15.300 General Provisions
1.

Applicability. This Subchapter establishes standards for the uses listed in each section. These standards:
a.

Supplement the standards in the Zoning Districts or Development Standards, or

Where indicated, supersede the standards in the Zoning Districts or Development Standards.

Relationship to Use Table. This Subchapter applies regardless of the zoning district where the use is located or
whether the use is permitted by right or as a conditional use, unless otherwise indicated in this Subchapter.

Effective on: 12/1/2019

15.305 Accessory Structures & Uses
1.

Accessory Buildings.
a.

Accessory buildings, including private garages and buildings clearly incidental to the residential use of the
property, are permitted in the R-1, R-2 or R-3 districts.

An accessory building may be constructed in the R-1 and R-2 Zoning Districts prior to a principal residential
dwelling if the accessory structure meets principal building setbacks.

No accessory building may be constructed in the R-3 Zoning District, or upon any lot in a major subdivision,
unless a primary residential building is under construction or is already constructed.

No accessory building may be used as a separate dwelling unit.

Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of
the required rear yard.

Accessory Uses. Accessory uses are permitted uses requiring no additional zoning approval, unless the Use Table
in 15.285 or a specific Use Regulation in this subchapter describes the need for a Land Use Permit or Conditional
Use Permit.

Agricultural Accessory Uses. Agricultural Accessory Uses are subject to the following:
a.

Accessory to Agricultural Uses
1.

Agricultural Accessory Uses shall be subordinate to a Primary Agricultural Use in the AG-1 and AG-2
districts and cannot be engaged in unless a Primary Agricultural Use is actively maintained on the same
parcel of land.

Determination of the existence of a Primary Agricultural Use shall be made upon review of the most recent
tax assessment records for the parcel, demonstrating that more than 50% of a contiguous farm is assessed
as agricultural under Wis. Stat. § 70.32(2)(a).

Conditional Uses.
1.

The following Agricultural Accessory Uses require a conditional use permit in the AG-1 and AG-2 Districts:
a.

A business, activity or enterprise, whether or not associated with an agricultural use, that is conducted
by the owner or operator of a farm, that requires no buildings, structures or improvements other than
those described in the definition of "Agricultural Accessory Building " in § 15.805 and that employ no
more than four (4) full time employees annually and that does not impair or limit the current or future
agricultural use of the farm or other protected farmland.

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Sale of agricultural and dairy products not produced on the premises and incidental sale of nonalcoholic beverages and snacks.

Farm exhibitions as permitted in § 15.315

Farm-Based Biopower Facility

Commercial Kennel

Commercial Stable

Riding Supply

Winery

The following Agricultural Accessory Uses require a conditional use permit in the AG-2 District:
a.

Bed and breakfast operations in existing farm residences located on a farm

Airstrips, subject to § 15.320

Effective on: 11/11/2022

15.310 Adult Establishments
Intent. It is the intent of these regulations to protect the health, safety, and general welfare and morals of the residents of
St. Croix County, to preserve the quality of family life, to preserve the rural and urban characteristics of its neighborhoods
in St. Croix County and to prevent adverse and deleterious effects contributing to the blight and downgrading of
neighborhoods. Being mindful of the effects of adult entertainment upon minors, and the criminal activity and disruption
of public peace associated with adult establishments, while also giving due consideration to civil rights of persons partaking
in adult entertainment, it is the intent of this section to regulate the location of establishments of adult entertainment. By
the enacting this ordinance, the St. Croix County Board of Supervisors does not intend to give any explicit, implicit or tacit
approval or condone any activity relating to adult entertainment.
1.

Applicability. This section applies to any Adult Establishment. For purposes of this section, an "Adult
Establishment" includes any of the following uses as defined in § 15.805:
a.

Adult Bookstore,

Adult Motion Picture Theater,

Adult Motion Picture Theater (Outdoor),

Adult Mini Motion Picture Theater,

Adult Bath House,

Adult Massage Parlor,

Adult Modeling Studio,

Adult Body Painting Studio,

Adult Cabaret, and

Adult Video Store.

Permitting.
a.

Adult Establishment Conditional Use Permit Process. The above uses are considered conditional uses,
and shall be approved, approved with conditions or denied within 30 calendar days after a complete application
is submitted. If a final decision on the conditional use permit is not rendered within 30 calendar days, a
provisional land use permit shall be granted.

Judicial Review
1.

Filing. A denial, approval with conditions, or revocation of a conditional use permit under this Section is
appealable to a court of competent jurisdiction as provided in Wis. Stat. § 59.694(10). The appeal of a
denial, condition or revocation under this Section is subject to the same rules and procedures, and shall be
conducted in the same manner, as prescribed for judicial review under Wis. Stat. § 59.694(10). However,
subsections 2 through 4 below apply to a petition for judicial review filed under this chapter.
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Transmittal of Record. Within 10 days from the date the County is served with the petition, the Zoning
Administrator shall prepare the County’s record for the petitioner to transmit to the court.

Provisional Land Use Permit. Upon the filing of any court action to appeal, challenge, restrain, or
otherwise enjoin the County’s enforcement of the denial, suspension, or revocation, the Zoning
Administrator shall immediately issue the applicant a provisional land use permit. The provisional land use
permit shall allow the applicant to operate of the sexually oriented business or to continue employment as
a sexually oriented business employee and will expire upon the court's entry of a judgment on the
applicant's appeal or other action to restrain or otherwise enjoin the County’s enforcement.

Application of this Section During Provisional Land Use Permit Periods. Adult establishments
operating under provisional land use permits are subject to subsection 3, 4.c, 4.d, 4.e, 4.g, 4.h, and 4.i.

Underlying District Standards. Lot area and width, building height and area, yard and sanitary sewer system
requirements in the underlying district shall be complied with.

4.3. Standards for Adult Entertainment Uses. In addition to all other applicable requirements of this Ordinance, all
Adult Establishments shall meet the following standards:
a.

No Adult Establishment shall be permitted within 1,320 feet of the center of any public entrance to a school,
library, church, park, playground or daycare facility. The distance shall be measured along the shortest route
along the street or highway between the points where lines perpendicular to the centers of the public entrances
intersect with the street or highway.

No adult entertainment use shall be permitted within 500 feet of property zoned R-1, R-2 or R-3, or within 500
feet of any in the AG-1 or AG-2 districts. The distance shall be measured from the center of any public entrance
of the adult entertainment use in a straight line to the closest point of the other property.

There shall be no sale of intoxicating beverages in the Adult Establishment.

Signs advertising any of the Adult Establishment shall conform with § 15.380.

Parking shall comply with § 15.430, and all parking shall be provided in a lighted area.

There shall be no pornographic displays or signs depicting specified sexual activities or specified anatomical
areas in display windows on the premises.

The owner and/or operator of the adult entertainment establishment shall comply with all federal, state and
local laws and ordinances, including obscenity, liquor and cabaret laws, and shall further ensure that minors are
not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited.

The hours of operation for such establishments shall be from 8:00 a.m. to 2:00 a.m.

Outdoor adult motion picture theaters shall also have the viewing screen located in such a fashion as to not be
visible from any road, street or highway or residence and the premises shall be surrounded by solid fencing at
least eight feet in height. All theaters shall comply with Wis. Stat. § 134.46.

This section does not permit or authorize any establishment or use which violates other applicable local or
county ordinances or Wisconsin law.

Effective on: 12/1/2019

15.315 Agricultural Entertainment and Farm Exhibitions
Purpose: Tthis section establishes standards for Agricultural Entertainment and Farm Exhibition uses in the County's
Agricultural districts and rural commercial areas that accommodate an economic and entertainment demand, complement
the County's agricultural economy, and protect surrounding neighborhoods.
1.

Agricultural Entertainment
a.

Applicability. This subsection applies to Agricultural Entertainment, as defined in § 15.805. The applicant
must demonstrate the proposed enterprise or business is farm based, meets the definition of a "farm" and is
able to clearly show agricultural use activities taking place on the property as the primary use. When applied to
the C-2 district, a broader range of recreational uses may be permitted that do not relate to agriculture, however
motorized recreational uses are prohibitednot permitted.

Where Permitted
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Agricultural Entertainment activities that do not exceed 105 calendar days per each 12 months in
succession annually are considered an Agricultural Accessory Use and are permitted by right only if
accessory to an agricultural use in the AG-1 and AG-2 districts. This agricultural accessory use must
comply with Wis. Stat. § 91.01(1).

Agricultural Entertainment activities which exceed 105 days in the aggregate annually are considered an
Agricultural Accessory Use that requires a conditional use permit in the AG-1 and AG-2 districts.

Agricultural Entertainment activities that do not exceed 30 calendar days per each 12 months in
succession annually are considered an Agricultural Accessory Use and are permitted by right only if
accessory to an agricultural use in the in the C-2 District. This agricultural accessory use must comply with
Wis. Stat. § 91.01(1).

Agricultural Entertainment activities which exceed 30 days in the aggregate annually are considered an
Agricultural Accessory Use that requires a conditional use permit in the C-2 district.

Food and Beverages. Agricultural Entertainment may include the incidental preparation and sale of
beverages and food. For purposes of this subsection, "incidental" means that:
1.

food or beverages are not a primary reason to frequent the establishment, but instead are offered for
purchase as a convenience to the customer, and

the areas where food and beverages are prepared are subordinate and minor in size and use, and

3.2. occur either:

inside a structure devoted to an agricultural use or a residence, or

in locations that are not visible from the public right-of-way and that occupy no more than 2,0003,500
square feet cumulatively, or

in outdoor locations or tents that occupy no more than 1,000 square feet cumulatively.

Farm Exhibitions
a.

Applicability. This section applies to farm related exhibitions, sales or events such as auctions, dairy
breakfasts, exhibitions of farm machinery and technology, agricultural association meetings and similar
activities.

Where Permitted
1.

Farm Exhibitions occurring no more than 5 days in a calendar year are considered an Agricultural
Accessory Use and are permitted by right only if accessory to an agricultural use in the AG-1 and AG-2
districts. This agricultural accessory use must comply with Wis. Stat. § 91.01(1). In the C-2 district this
use is permitted by right.

Farm Exhibitions occurring on more than 5 days in a calendar year are considered an Agricultural
Accessory Use that requires a conditional use permit in the A-1 and A-2 districts; in the C-2 district this use
requires a land use permit.

Event Plan / Land Use Permit
a.

This subsection applies to any Rural or Agricultural Entertainment or Farm Exhibition anticipated to have
attendance of more than 100 persons during a 24-hour period.

An event plan addressing the items in Table 15.315.1 (Event Plans) shall be filed and approved with a land use
permit from the Zoning Land Use Administrator. For Farm Exhibitions, the applicant shall file and obtain
approval of the event plan annually. The event plan shall address the following:
Table 15.315.1
Event Plans
Item Addressed

Agricultural Entertainment

Farm Exhibitions

Parking

Proposed days and hours of operation

Ingress and egress (including any permit required by the appropriate road jurisdiction)

Sanitation

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Table 15.315.1
Event Plans
Item Addressed

Agricultural Entertainment

Farm Exhibitions

Other public safety issues

Signs

Solid waste management

(asterisk [*] = item is required | blank cell = item not required)

The applicant shall file the approved land use permit with the appropriate town clerk, fire department,
emergency medical provider, the St Croix County Sheriff’s Department and any other local law enforcement
agency that has responsibility for providing police protection services for the Agricultural Entertainment or Farm
Exhibition activities, at least 30 days prior to the start of any such activities in each calendar year.

Effective on: 11/11/2022

15.320 Airstrips
1.

Applicability. This section applies to airstrips that are not agriculture-related or agriculture-accessory uses.

Conditional Use Permit Application. Each proposed airstrip owner shall file a written application for a conditional
use permit with the Zoning Administrator (see Submittal Requirements, § 15.590).

3.2. Notice to Law Enforcement Agencies. If approved by the Board of Adjustment, the applicant shall notify all
police Agencies in the vicinity of the airstrip, together with the County Sheriff's Department and the Central
Communication Center of the existence of the airstrip, its location and its length.
4.

Liability Insurance. If the conditional use permit is approved, all current and future airplanes owned by the
applicant shall include proof of sufficient liability insurance. Proof of insurance shall be filed with the Zoning
Administrator.

5.3. Location. The airstrip in question shall be located as close as possible to the center of the real estate owned by
the applicant, unless the topography of the real estate in question cause a central location to be unreasonable.
6.4. Length. The airstrip shall be of sufficient length to:
a.

Enable safe takeoffs and landings by any and all airplanes owned by the applicant or by airplanes that the
applicant approves to land at the airstrip.

Be approved by the Wisconsin Department of Transportation, Bureau of Aeronautics, and

Safely and reasonably comply with 14 CFR § 91.9 (Civil aircraft flight manual, marking, and placard
requirements). (See par. 19. of this subsection.)

7.5. Abandonment. Upon being notified by the Wisconsin Department of Transportation, Bureau of Aeronautics, that
a an airstrip with an approved conditional use permit is abandoned by the applicant, the Zoning Land Use
Administrator shall notify the applicant and its successor or assigns that the conditional use permit is
terminated. This decision is appealable to the Board of Adjustment (see § 15.560).
8.6. Conveyance. Upon the sale, transfer, lease or other conveyance of the real estate on which an approved airstrip
is located, the new purchaser, transferee or leasee of the real estate shall immediately file a notice of the purchase,
transfer or lease with the County Zoning Administrator. The notice shall contain the statement that the new
purchaser, transferee or leasee agrees to conform to and abide by these standards. Upon receipt of the notice, the
Zoning Administrator shall inform the purchaser, transferee or leasee of these standards.
9.7. Paved Strips Not Permitted. Airstrips shall remain as grass or sod strips only and be properly maintained for that
use. (See submittal requirements of § 15.590)
10.8. Hold Harmless Agreement. Upon approval of the proposed airstrip by the Board of Adjustment, the applicant
shall execute a hold harmless agreement in favor of the County, which shall indicate that the applicant has sole
responsibility for any and all damage caused to any person or property by the operation of the County approved
airstrip.
11. Standards not Exclusive. These standards shall not be construed to limit the authority of the County Board of
Adjustment with respect to its review of any conditional use request from a particular applicant. The provisions of
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the County Zoning code concerning the Board of Adjustment remains in effect supplements these standards where
applicable.
12. Notice to Municipalities. The Zoning Administrator shall notify the clerks of all municipalities located on the
drawing made by the applicant prior to the conditional use public hearing. Oral or written comments may be made
at the hearing by any municipal official.
13.9. Flight Altitudes. The airstrip shall comply with Section 14 CFR § 91.119 (Minimum Safe Altitudes; General).
Effective on: 11/11/2022

15.322 Campgrounds
1.

Applicability. This section applies to public and private campgrounds that accommodate 2 or more camping units
wherein a fee is charged for use.

Standards.
a.

Campgrounds shall have adequate water supply and sanitary facilities to accommodate occupancy.

Campgrounds shall be licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP) and
comply with Wisconsin Administrative Code ATCP 79, Campgrounds.

Public and Private Campgrounds may include commercial recreational activities such as waterslides, mini-golf,
etc., and may include retail sales of goods directly related to the recreational activities on the site.

No campground shall be located so that drainage from the campground will endanger any water supply, surface
or ground.

All sites shall be well drained. No wastewater from the trailers or other recreational vehicles shall be deposited
on the surface of the ground.

Each parking campsite stall shall be plainly marked. and surfaced with gravel, asphalt, or other material to free
the site of mud.

There shall be two off-street parking spaces for each campsite.

h.g. The operator shall require a minimum distance of 10 feet between camping units measured from the outside
edge of one camping unit to the outside edge of another camping unit, exincluding slideouts.
i.h. No more than one mobile recreational vehicle shall be allowed on any individual campsite.
j.i. No porches, lean-tos, or additions shall be constructed onto or immediately adjacent to a camping unit.
k.j. A camping unit shall not be occupied for more than eight months in a calendar year.
l.k. All campsites shall be located at least fifty (50) feet from all exterior lot lines.
m.l. An operator may designate no more than 20 individual campsites per acre of campground. Each campsite is
limited to six (6) campers or an individual family. An operator may allow no more than 80 campers per acre in
a group campsite.
n.m.Every structure in a campground shall be developed and maintained in a safe, approved and substantial manner.
o.n. The operator shall provide a solid waste management plan.a sufficient number of garbage, refuse and recycling
containers for use by the campers. the containers shall be durable, cleanable, insect and rodent resistant, leak
proof, nonabsorbent and of sufficient capacity to hold all of the accumulated garbage, refuse and recyclables.
The containers shall be covered, unless the containers are emptied on a daily basis.
p.o. Each campground shall have a building for the use of the operator distinctively marked "office". A map of the
campground shall be displayed at the office.
q.p. The operator shall maintain a written or electronic campground register that contains the name of each
principal campsite occupant, the person's contact information, the person's arrival and departure dates and the
number of campers in the person's party. The campground register shall be available to any authorized
employee or agent of the department who, in carrying out his or her duties, asks to inspect the register. The
operator shall keep the campground register for at least two (2)five years after the principal campsite occupant's
date of departure from a campsite.
r.q. The operator shall create an emergency management plan for their guests and post a map indicating where all
shelters, fire extinguishers, and relevant emergency contacts near the entrance of all publicly accessible
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structures. display a durable sign posted in public view with the following wording "EMERGENCY
COMMUNICATIONS". The sign shall provide directions to the nearest location where a telephone is available for
emergency use.
3.

Application. In addition to conditional use permit submittal requirements outlined in Table 15.590.1, the following
information shall be provided:
a.

Location and size of all vehicle or tent sites, recreation areas, storage areas, roadways, parking areas and all
setback dimensions.

Plans for sanitary sewage disposal, surface drainage, water systems, electrical service and gas service.

Plans for site lighting.

Method of disposing of garbage and refuse.

Road construction plans and specifications.

Such other information as may be required by the Department.

Effective on: 11/11/2022

15.325 Conservation Design Development
Purpose: The purposes of Conservation Design Developments (CDD) are: The Conservation Design Development standards
are intended to provide a residential development option that supports the rural character and residential development
goals of St. Croix County, as referenced in the St. Croix County Comprehensive Plan, while preserving open space,
agriculture, and natural resource areas.

•

To provide for the unified development of clustered, residential uses, outside of the state certified agricultural
districts, which are designed and located to reduce the perceived density of development, while still providing privacy for
dwellings, and incorporate large areas of permanently protected common open space.

•

To allow for the continuation of agricultural uses in those areas best suited for such activities and when adjoining
residential uses are compatible with such activities.

•

To maintain and protect St. Croix County’s rural character by preserving one or more of these important landscape
elements, including but not limited to those areas containing such unique and environmentally sensitive natural
features such as woodlands, river and stream corridors, drainageways, wetlands, closed depressions, floodplains,
shorelands, prairies, ridgetops, steep slopes, critical species habitat, and productive farmland by setting them aside
from development. Such areas contained in primary and secondary environmental corridors, independent
environmental resources and potentially productive agricultural land, as identified by the St. Croix County
Development Management Plan, are given particular significance for conservation.

•

To connect common open space areas between adjacent properties and create environmental corridors throughout
the County. Areas contained in primary and secondary environmental corridors, independent environmental resources

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and potentially productive agricultural land, as identified by the St. Croix County Development Management Plan, are
given particular significance for conservation.

•
•

To preserve scenic views and to minimize views of new development from existing homes and roads.

•

To increase flexibility and efficiency in the siting of services and infrastructure by altering road length, utility
requirements, drainage requirements, and the amount of paving required for residential development, where possible.

•
•

To create groups of dwellings with direct visual and physical access to common open space.

•
•

To reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes.

•

To create a stewardship approach to common open space by requiring a land management plan for the common
open space.

Applicability

To provide greater design flexibility in siting dwellings and other development features than would be permitted by
the application of standard use regulations to minimize the disturbance of rural landscape elements and sensitive
areas, scenic quality, and overall aesthetic value of the landscape.

To permit active and passive recreational use of common open space by residents of the development and/or the
public.
To permit various means for owning common open space, preserved landscape elements, agricultural land, and to
protect such areas from development in perpetuity.

This section applies to any Conservation Design Development (CDD).

The standards in this section replace the underlying zoning district standards.

2.1. Permitted Uses
a.

Permitted Uses. Land within a CDD may be used for the following purposes:

Permitted uses in the residential portion, not the common open space portion, of the Conservation Design
Development:

Single-family dwelling units and related accessory structures.

Parking areas where necessary to serve single-family dwellings.
4.1. Permitted uses in the Common Open Space portion of the Conservation Design Development shall include
all uses permitted in the Conservancy District (§ 15.275) and the development’s clubhouse/lodge., except:
a.

Nonresident buildings used solely in conjunction with the raising of waterfowl, minnows and other
similar lowland animals, fowl or fish,

Accessory uses and structures,

Similar uses to those listed in subsections a and b, and

golf courses.

b.a. Conditional Uses. The following uses require a conditional use permit (see § 15.550):
1.

Conditional Uses in the residential portion, not the common open space portion of the Conservation Design
Development.
a.

Institutional and government uses.

Minor home occupations.

Bed and breakfast establishments.

Attached single-family residential dwelling units of 2, 3 or 4 dwelling units in one attachment. No more
than 25% of the total number of dwelling units in the CDD as identified in the yield plan shall be
duplexes, twin homes or attached.

Conditional Uses in the Common Open Space portion of the CDD.
a.

Conditional Uses allowed in the Conservancy District.

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Equestrian boarding and riding facilities available only to development residents. A 590 Nutrient
Management Plan is required.

Swimming pools available only to development residents.

Prohibited Uses. All permitted, principal, accessory and conditional uses not expressly provided for above are
prohibited.

3.2. Density Standards.
a.

Residential Base Density. The Residential Base Density, or the base number of allowable dwelling units, is
determined by the yield plan pursuant to Ch. 13, St. Croix County Code of Ordinances, § 13.2.C.3. Existing
dwellings that may or may not be part of a farmstead that will be retained shall be counted toward the base
density.

Residential Gross Density. The total number of dwelling units allowed in a CDD is referred to as the
Residential Gross Density. This is calculated as the Residential Base Density plus 25% of the number of dwelling
units prescribed by the Residential Base Density.
Table 15.325.1
Conservation Design Density Allocation Examples
Base Density

Gross Density

Dwelling
Units Mix

18 Lots

18 DU

22 DU

50 Lots

50 DU

100 Lots

100 DU

Yield Plan

Sample Breakdown

Totals

22 SFDU

22 –1-Family Detached
DU

22 DU

62 DU

47 SFDU + 15 MFDU
= 62 DU

47 –1-Family Detached DU
5 –3-Family Attached DU

47 DU +
15 DU =
62 DU

125 DU

94 SFDU + 31 MFDU
= 125 DU

94 –1 Family Detached DU
7 – 2-Family Attached DU
3 – 3-Family Attached DU
2 – 4-Family Attached DU

94 DU +
14 DU +
9 DU +
8 DU =
125 DU

DU = Dwelling Units | SFDU = Single Family Detached Dwelling Units | MFDU = Multi Family Attached Dwelling Units
Effective on: 11/11/2022

15.330 Contractor Storage Yards
1.

Applicability. This section applies to any Contractor Storage Yard.

2.1. Permits
a.

A Contractor Storage Yard permit shall be obtained prior to operating this type of use. The type of permit
required in the use table. (15.285)

a.b. A Contractor Storage Yard shall not be permitted on a lot less than three (3) acres in size.may require a
conditional use permit where indicated by the zoning district regulations. If the Contractor Storage Yard does
not require a conditional use permit, the property owner shall obtain a land use permit for the Contractor
Storage Yard.
b.

The conditional use permit or land use permit shall be obtained before any new structures are constructed or
equipment is stored on the lot.

The applicant shall not store, erect or employ any structures, services, operations, vehicles or employees not
indicated in the approved plans.

The applicant shall secure all necessary permits and approvals from the Town and obtain any other required
local, state, or federal permits and approvals.

3.2. Operational Standards
a.

The applicant shall maintain the property in a neat and orderly manner.

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Activities are limited to the storage of equipment and vehicles for use off-site. No manufacturing, retail services,
or other business services shall take place on the same lot.

In the R-1 or R-2 districts, hours of operation shall not occur earlier than 6:00 a.m. or later than 7:00 p.m.

c.d. The applicant shall secure all necessary permits and approvals from the Town and obtain any other required
local, state, or federal permits and approvals.
4.3. Lighting. To minimize glare, all lighting associated with the Contractor Storage Yard shall be illuminated downward
and shielded away from abutting properties and any public road.
5.4. Screening. The applicant shall provide vegetative screening from any abutting lot in the R-1, R-2 or R-3 Zoning
Districts.
Effective on: 11/11/2022

15.335 Chickens and Ducks
Purpose: Tthis section provides for the raising of chickens and ducks as an accessory use in a residential district, to allow
for local food production while protecting the surrounding neighborhood and environment.
1.

Applicability. This section applies to the keeping of chickens and ducks onin lots less than three (3) acres within
the residential districts.

Generally. For purposes of this section, "Chickens" refers to either chickens or ducks.

Standards.
a.

The maximum number of chickens allowed is twelve (12) per parcel. regardless of how many dwelling units are
on the parcel.

Only female chickens (hens) are allowed.

Chickens must have wings appropriately clipped to prevent them from flying.

Chickens must be contained within the parcel at all times. Chickens shall be secured within a henhouse or similar
safe enclosure during non-daylight hours.

Henhouses and chicken pens must be located in a rear or side yard, at least ten (10) feet from the property
line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business.

Effective on: 11/11/2022

15.340 Fences and Walls
Purpose: Tthis section regulates fences and walls to preserve the County's rural character, and to prevent the obstruction
of motorists' vision.
1.

Applicability. This section applies generally to fences or walls. Any conflicting provisions in the zoning district
regulations, another Use Regulation, or a Development Standard supersede this section.

Location. Fences and walls may be located in any required setbackyard area.

Height. Privacy Fences, at least 50% opaque and at least 4 feet in height, shall not exceed 6 feet in height and
open fences shall not exceed 8 feet in height. Privacy fences must meet road setbacks, but open fences can go up
to the highway right-of-way. No privacy fences are allowed within the vision triangle. :

8 feet in height when located along a lot line that does not abut a road or street, or
b.

3½ feet when located along a lot line that abuts a road or street, or

2½ feet when located within a vision triangle (§ 15.405), or

8 feet or as required by state law for partition fencing or fencing of farm-raised deer pursuant to Wis. Stat.
Chapter 90.

Design. The finished side of the fence shall face outward toward the public right-of-way and/or adjacent parcel.

Chain Link Fences. Chain link fences up to 8 feet in height, that can be seen through, may be located in all of the
locations described above except a vision triangle. This does not supersede any requirements of the Shoreland
Overlay (SO) or Lower St. Croix Riverway (SCR) overlay districts.
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Effective on: 12/1/2019

15.345 Home Occupations
Purpose: Tthe purpose of this section is to:
Protect residential and agricultural areas from adverse impacts of activities associated with home occupations;
Permit residents of the community an opportunity to conduct a business at their place of residence; and
Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in
the Residential Rural (R-1), Residential Neighborhood (R-2), Residential Mixed (R-3), and Agricultural (A-1 and A-2) districts.
Provide for certain types of restricted occupational uses within the Residential Rural (R-1), Residential Neighborhood (R-2),
Residential Mixed (R-3), and Agricultural (A-1 and A-2) districts which:

•
•
•
•

Are incidental to the use of the premises as a residence or a farm;

Applicability and Definitions. This section applies to any home occupation. Home occupations are divided into
minor, major, and nonconforming home occupations, defined as follows:

Are compatible with residential or agricultural uses;
Are limited in extent; and
Do not detract from the residential or agricultural character of the neighborhood.

A minor home occupation is a home occupation as defined in subsection 3 authorized by this section without
a hearing or permit.

A major home occupation is a home occupation as defined in subsection 4 that is authorized as a conditional
use.

A nonconforming home occupation is one which was established and maintained prior to the effective date
of this section but is no longer allowed because of the application of this section or any amendment hereto.

General Standards. The following standards apply to all home occupations:
a.

The person principally responsible for the home occupation must reside at the location of the proposed home
occupation.

All home occupations shall be clearly incidental and secondary to the use of a dwelling or accessory structure
for residential or agricultural purposes, and the appearance of the structure shall not be altered or the
occupation within the dwelling or accessory structure be conducted in such a manner which would cause the
premises to differ from its residential or agricultural character by either the use of colors, materials, construction,
lighting, signs, or the emission of sounds, noises, odors or vibrations.

In no case shall any home occupation be open to the public at times earlier than 8:00 a.m. nor later than 10:00
p.m.

A home occupation shall have adequate off-street parking spaces available to compensate for additional parking
needs generated.

Storage
1.

There shall be no exterior storage of business equipment, merchandise, inventory, vehicles or heavy
equipment.

Materials, including organic materials such as rock or plants, may be stored within the permitted home
occupation area (see subsection 4.c.1.c below) outside of an enclosed structure.

There shall be no exterior storage of junk.

Home occupations shall not produce noise or objectionable odors, vibrations, glare, fumes or electrical
interference detectable beyond the lot line of the parcel on which the home occupation is located.

Home occupations shall not illegally discharge any materials, fluids or gases into the sewer system or into an
on-site waste disposal system nor discharge such items in violation of any applicable government code.

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i.
3.

Garage sales, craft sales or other similar sales are permitted without special permit if they meet the following
standards:
1.

Sales last no longer than three days.

Sales are held no more than twice yearly.

Sales are conducted on the owner's property. Multiple family sales are permitted if they are held on the
property of one of the participants.

No goods purchased for resale are offered for sale.

No consignment goods may be offered for sale.

Sign(s) as allowed as provided in § 15.380.

Minor Home Occupations.
a.

A home occupation is considered a minor home occupation that is allowed without permit or hearing, if it
conforms to all of the following:
1.

Minor home occupations shall not be conducted in any building on the premises other than the principal
dwelling.

No person other than a resident of the principal dwelling may be engaged or employed in a minor home
occupation.

The area set aside for the home occupation shall not exceed 50% of the total floor area of the residence.

The selling of stocks of merchandise, supplies or products is not conducted on the premises. However,
orders previously made by internet, telephone or at a sales party may be filled on the premises. That is,
the direct sale of products off display shelves or racks is not allowed, but a person may pick up an order
placed earlier as described above.

Parties for the purpose of selling merchandise or taking orders are not held more than 4 times each month.

Permitted minor home occupations include, but are not limited, to the following:
1.

Dressmaking, sewing and tailoring;

Painting, sculpturing or writing;

Telephone answering or marketing;

Home crafts for sale off-site;

Tutoring for up to three (3) students at a time;

Home cooking and preserving for sale off-site;

Computer programming, data entry or other data processing services; and

Secretarial services.

c.b. In the AG-1 and AG-2 district, Minor Home Occupations are allowed if they:

comply with all applicable requirements of this section, and

do not impair or limit current or future agricultural use of the farm on which they are performed, and

do not engage or employ any persons other than the residents of the principal residence located on the
farm, and

comply with Wis. Stat. § 91.01(1).

Major Home Occupations
a.

A major home occupation is any proposed or existing home occupation that does not meet the standards for a
minor home occupation.

A major home occupation requires a conditional use permit.

All major home occupations shall meet all of the following additional standards:
1.

Major home occupations must be conducted:

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within the principal dwelling if the area set aside for the major home occupation does not exceed 50%
of the total floor area of the principal dwelling, or

within a permitted accessory structure (alone or in combination with the principal dwelling), if the total
floor area dedicated to the home occupation, including any area used in the principal dwelling, is
limited to 16,500 square feet, or

in the rear yard (alone or in combination with the principal dwelling or a permitted accessory
structure);

if no mechanized equipment is used outside of an enclosed structure, and

the cumulative area of the home occupation does not occupy an area exceeding the lesser of 1,500
square feet or 5% of the rear yard.

Major home occupations may not be located within 100 feet of any preexisting neighboring residence. The
conditional use permit can require additional distance, up to a maximum of 500 feet, if the additional
distance can be shown to mitigate negative impacts to a neighboring residence associated with sounds or
views.

No more than 2 persons other than a resident of the principal dwelling may be employed or engaged in a
major home occupation.

Home occupations shall be service orientated or involve taking a raw product and creating a finished
product onsite. Only 20% of merchandise items not produced onsite directly incidental to a service
provided may be displayed or sold within the dwelling or structure used for a major home occupation.

Major home occupations authorized in an Agricultural District must be limited to agriculturally related
activities.

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Figure 15.345.1 Major Home Occupation Dimensional Standards

Inspections. There may be 1 annual inspection each year of any authorized home occupation by the Zoning Land
Use Administrator or his designee. In addition, the ZoningLand Use Administrator or his designee may at any time,
upon reasonable request, enter and inspect the premises for safety and compliance purposes.

Effective on: 11/11/2022

15.350 Housing
Purpose: this section -

•

To Accommodates housing types that diversify St. Croix County housing stock, provide a broad choice of housing
types, and affordable housing options, and while promoting

•

Promotes the efficient use of land through different development styles. as a result of housing sizes and configurations
that provide living arrangements in compact land areas, and

•

Ensures that multifamily dwellings, small homes, and manufactured homes do not change the character of the
districts in which they are located and are compatible with other uses in their neighborhood.

Applicability. This section applies to single family detached units, two-family and multifamily units, manufactured
homes and caretaker units as specified below.

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Dwelling Unit Area. Every dwelling unit shall provide 500 sq. feet ofthe following minimum floor area for each
family residing in the building:
Table 15.350 Dwelling Unit Size

Unit Type

Minimum Size

Single Family, Detached Units

720 sf on main floor

Two-Family and Multifamily Units

500 sf

Multifamily Dwellings
a.

Where allowed. Multifamily dwellings are a permitted use in the R-3 district

Landscaping and Screening. All Multifamily structures shall meet landscaping requirements as described in
15.420.

Manufactured Homes
a.

Where Allowed. Manufactured Homes are permitted in all districts where Single-Family Dwellings are
permitted, to include the AG-1, AG-2, R-1, R-2, R-3, and C-2 Districts, subject to the supplemental regulations
in this subsection.

Installation. A Manufactured Home shall comply with the installation standards established by the Wisconsin
Department of Safety and Professional Services. The bottom of manufactured homes shall be skirted.

Foundation. A continuous permanent masonry foundation or masonry curtain wall slab, unpierced except for
required ventilation and access, shall be installed under the perimeter of Manufactured Home.

d.c. Moving Equipment Removed. The moving hitch, transporting lights, wheels and axles shall be removed.
5.

Caretaker Units
a.

Where Allowed. Caretaker Units are allowed as an accessory use to a Self-Storage Facility.

Number Allowed. Only one Caretaker Unit is allowed on a lot.

Location. Caretaker Units shall be interior and attached to the Self-Storage Facility.

Setbacks. The caretaker unit shall conform to side and rear yard setbacks.

Height. The caretaker unit shall not exceed 2 stories or the height of the principal dwelling unit, whichever is
less.

Number of Bedrooms. Caretaker Units shall have no more than 3 bedrooms.

Parking. Parking may be provided as part of the parking area for the Self-Storage Facility. No additional
parking is required.

Ownership. A Caretaker Unit shall be owned by the same person or entity who owns the Self-Storage
Facility and shall not be sold separately from the remainder of the property.

Effective on: 11/11/2022

15.352 Salvage Operations
1.

Applicability. This section applies to all salvage operations.

Standards.
a.

Commercial salvage operations are permitted only as a conditional use and only in the R-1, C-1, I-1 and I-2
districts.

No portion of any salvage operation may be located in the road setback area. street yard, meaning between
the primary structure and the street.

Salvage materials shall be enclosed by an opaque fence, berm, and/or year-round vegetative screening so that
materials are not visible from other property in the vicinity of the salvage operation nor from a public road nor
from navigable water. The fence or vegetative screen shall not exceed twelve (12) feet in height and shall be
properly maintained to satisfy the screening objective.
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Salvage material items being stored shall not exceed 12 feet in height.

e.d. Salvage materials shall not be located within 3500 feet of any residence other than that owned by the owner
of the premises and 1,000 feet from a lake, river or stream.
f.e. Salvage material shall not be located in a wetland, floodplain, intermittent stream, drainage way or storm water
basin.
g.f. For fire protection, an unobscured fire break shall be maintained, 15 feet in width and height and completely
surround the salvage operation.For public safety, a emergency management plan and spill response plan shall
be in place to address fire protection, chemical or oil spills, and other contaminants that may be present onsite.
h.g. No item may be stored within the salvage operation that contains hazardous materials that could contaminate
the soil or water. All liquids shall be drained from any containers, salvage vehicles or equipment.
i.h. At a minimum, there shall be five feet of soil between the water table or bedrock.
Effective on: 12/1/2019

15.353 Junk
Purpose: Tthis section provides for the regulation of junk, when stored outdoors, in order to protect the general health and
welfare of the community. Junk stored outdoors can cause soil and water contamination, cause negative impacts to surface
waters and groundwater, decrease property values, and have negative impacts on the aesthetics of an area or
neighborhood.
1.

Specifically, but not limited by enumeration, the following items meet the definition of junk as
defined in Section 15.805:
Applicability.
a.

Motorized vehicles or motorized equipment of any type, if not currently capable of motorized
operation including, but not limited to, cars, vans, trucks, recreation vehicles, watercraft, motor homes,
lawn mowers, snow blowers, outboard motors, go-carts, mopeds, scooters and minibikes

Non-motorized vehicles intended to transport persons or property on a road or highway, including trailers
and bicycles, if not currently safe to use on the road.

Vehicle parts

Tires, with or without rims

Interior appliances and electronic equipment not in use including, but not limited to, cooktop range and
ovens, refrigerators, dishwashers, fans, clothes dryers, clothes washers, microwaves, televisions,
screens, audio equipment, computers, arcade games and vending machines

Interior plumbing and mechanical fixtures not in use including, but not limited to, toilets, sinks, piping,
bath tubs, tub surrounds, water heaters/tanks, water softeners, humidifiers, dehumidifiers, wood-burning
stoves, furnaces and related piping and ductwork

Interior furniture that is abandoned, discarded or damaged including, but not limited to, sofas, recliners,
mattresses, bed frames, dressers, credenzas, desks, tables and chairs

Outdoor recreation equipment that is disassembled or broken including, but not limited to, trampolines,
above-ground swimming pools, swimming pool components and patio furniture

Building components or construction materials not installed or in use including, but not limited to, doors,
windows, siding, shingles, lumber and flooring

Outdoor fixtures or containers not currently in use including, but not limited to, fuel tanks, propane
tanks, liquid barrels and air conditioners

Scrap metal, plastic, or glass or wood not in use

Any other item similar in nature to the above list

Standards
a.

The accumulation of junk outdoors is prohibited in any zoning district.
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Exceptions. The accumulation of certain junk items is permitted in the rear yard if it meets the following:
1.

The items are unbroken and intended to be put to use

Screened from ordinary public view and from neighboring property by means of opaque fencing and/or
year-round vegetative screening or other appropriate means. not to exceed eight (8) feet in height

Items being stored shall not exceed eight (8) feet in height

Located in the rear yard

5.3. If the property is vacant, or does not have a primary building located on the lot, the rear yard area shall
begin 100 feet from the front lot line.
6.4. Located in one (1) contiguous area
5.

The area does not exceed the lesser of 600 square feet or 2% of the area of the rear yard

No more than two unlicensed or inoperable vehicles. A vehicle is considered inoperable if it doesn’t run or
is not capable of driving down a road in conformance with all motor vehicle requirements.

Agricultural equipment in operational condition and still being used.

No item may be stored within the designated storage area that contains hazardous materials that could
contaminate the soil or water. All liquids shall be drained from any containers, junk vehicles or equipment

Stored items shall not be located in a wetland, floodplain, intermittent stream, drainage way or storm water
basin

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Figure 15.353.1 Outdoor Junk Storage Dimensional Standards

Effective on: 11/11/2022

15.355 Kennels, Commercial
1.

Applicability. This section applies to Commercial Kennels:

Location

Kennels are prohibited in major subdivisions.

Kennel structures shall be set back at least 300 feet from all property lines., or 200 feet by conditional use
permit if additional standards are met.

Kennel structures shall be located at least 50 feet from any potable water supply well.

Standards
a.

Kennel structures housing animals shall provide soundproofing so that animal noise cannot be heard beyond
owner’s lot lines.

All animals shall be housed indoors from 9:00 p.m. to 6:00 a.m.

There shall be no more than the following number of adult dogs or cats, six months of age or older, outdoors
at any one time:

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16 in the AG-1, AG-2, C-1, or C-3 districts. Up to four (4) animals per dog/cat run enclosure not exceeding
four (4) runs per commercial kennel operation.

6 in the R-1 District. Up to two (2) animals per dog/cat run enclosure not exceeding three (3) runs per
commercial kennel operation.

The operator shall provide a plan for animal waste management to ensure timely collection and safe
disposal. This requirement is intended to address site odor, stormwater runoff contamination and public health
protection.

Additional standards to allow lesser setbacks for outdoor kennels by conditional use permit:
1.

Views of outdoor kennel structures shall be entirely obscured from the property line through a combination
of walls, berms, fences and/or landscaping.

Barking and other noises shall be mitigated through the use of walls, berms, fences, bark suppression
collars and/or landscaping.

Effective on: 12/1/2019

15.360 Livestock Facilities
Purpose: Tthis section provides for livestock facilities that support the County's agricultural economy, allow a reasonable
economic return for agricultural property owners, protect surrounding neighborhoods, and minimize the environmental and
public health impacts of intensive livestock facilities.
1.

Applicability. This section applies to all animal units, except household pets, in all districts.

Generally

Except for chickens and ducks as permitted under 15.335, no animal units may be kept on lots or parcels less
than 3 acres, nor on lots or parcels in a major subdivision unless provided for in the plat.

No livestock facility with 200 or more animal units shall be permitted in the R-2 district.

One animal unit per acre of land suitable for animal waste utilization, consistent with NRCS 590 Nutrient
Management, is allowed without a permit on lots or parcels of 3 acres or more in size. Land suitable for animal
waste utilization excludes:
1.

wetlands or lands below the OHWM,

closed depressions,

slopes in excess of 25%, and

other areas that may be determined as sensitive and adversely affecting surface water or groundwater
quality.

Permitted Districts and General Standards
Table15.360.1
Livestock Facility Locations and Standards
Livestock Facility Threshold
(AU = animal unit)

Standard
< 1 AU per acre of
land suitable for
animal waste
utilization or
< 200 AU

> 1 AU per acre of
land suitable for
animal waste
utilization and
< 200 AU

< 1 AU per acre of
land suitable for
animal waste
utilization and
200-499 AU

> 1 AU per acre of
land suitable for
animal waste
utilization or
> 500 AU

No (A-1, A-2, R-1)

Yes (A-1, A-2)
Yes (R-1)

Land Use Permit Required?

Conditional Use Permit Required?

Yes (R-2)

Wisconsin Administrative Code Ch. NR 151,
Runoff Management

Ch. 11, St Croix County Code of Ordinances,
Animal Waste Storage Facilities

*
*

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Table15.360.1
Livestock Facility Locations and Standards
Livestock Facility Threshold
(AU = animal unit)

Standard
Natural Resources Conservation Service (NRCS)
Conservation Practice Standard Code 590,
Nutrient Management

Natural Resources Conservation Service (NRCS)
Conservation Practice Standard Code 318,
*
Short Term Storage of Animal Waste and ByProducts

* = standard is required | blank cell = standard is not required

Minimum Parcel Size. Minimum parcel size for any livestock facility exceeding 199 AU in the R-1 or R-2 districts
is 10 acres.

Structure Setbacks
a.

Agricultural Districts. The following structure setback provisions apply to livestock structures, including
animal waste storage structures, manure processing facilities, and other structures housing animal units in the
A-1, and A-2, R-1, R-2 Districts.
1.

All structures must be set back at least 100 feet from any property line or public road right-of-way if the
facility has less than 1000 animal units.

All structures must be set back at least 200 feet from any property line or 150 feet from a public road rightof-way if the facility has 1000 animal units or more.

2.3. All structures
3.

All animal waste storage structures for less than 500 animal units must be set back at least 100 feet from
any property line or the nearest point of any public road right-of-way unless:

a.4. The animal waste storage structure existed prior to May 1, 2006.
b.

The animal waste storage structure is a single new structure constructed no closer to the relevant property
line or public road than an animal waste storage structure that existed on the same tax parcel prior to May
1, 2006, if the new structure is no larger than the existing structure and is located within 50 feet of the
existing structure.

All animal waste storage structures for 500 or more animal units must be set back at least 350 feet from
any property line or the nearest point of any public road right-of-way unless:

Tthe animal waste storage structure existed prior to May 1, 2006.

a.6. Minimum of five feet of vertical soil separation between bedrock, the water table, or other limiting factor
and any storage facilities.
b.

The animal waste storage structure is a single new structure constructed no closer to the relevant
property line or public road than an animal waste storage structure that existed on the same tax parcel
prior to May 1, 2006, provided that the new structure is no larger than the existing structure and is
located within 50 feet of the existing structure.

Residential (R-1 and R-2) Districts. The following structure setback provisions apply to livestock structures,
including animal waste storage structures, and other structures housing animal units in the R-1 and R-2
Residential Districts.
1.

All livestock structures must be set back at least 100 feet from any property line or 100 feet from any
public road right-of-way for lots or parcels with less than 500 animal units.

All livestock structures must be set back at least 200 feet from any property line or 150 feet from any
public road right-of-way for lots or parcels with 500 or more animal units.

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Animal waste storage structures must be set back at least 350 feet from any property line or nearest point
of any public road right-of-way.

Exemption for Equipment and Piping. Equipment and piping used to transport animal waste from a
livestock facility to an animal waste storage structure are exempt from the setback provisions in this subsection.

Manure Processing Facilities
c.

All manure processing facilities shall provide nutrient management plans for any waste processed
onsite.

Effective on: 12/1/2019

15.365 Mobile Tower Siting
Purpose and Findings:
The Board of Supervisors hereby finds as follows:

•

Mobile service facilities and support structures provide an important infrastructure for a wide variety of communication
tools for emergency services providers, businesses and the public.

•

Mobile service facilities and support structures can create safety hazards that threaten the public health, safety or
welfare. Such a safety threat is particularly great for mobile support structures that are structurally inadequate, and
for mobile support structures that exceed 200 feet in height.

•

Radio broadcast services and facilities provide the public with the regular provision of commercial and noncommercial
service involving the transmission, emission or reception of radio waves for the transmission of sound or images for
direct reception by the general public.

•

Radio broadcast services and facilities are an essential infrastructure for radio and television broadcasts which are
utilized extensively by businesses and the public.

•

Wis. Stats. §§ 66.0404 and 66.0406 limit the authority of local government to regulate mobile service facilities and
support structures and radio broadcast services and facilities.

•

If oversized, mobile support structures can have an adverse impact on the value of nearby property.

The purpose of this section is to:

•

Accommodate communication, radio and television generation needs while protecting the public health, safety and
welfare.

• Minimize adverse visual impacts of the associated ground structures with screening requirements, and impacts of
nearby property.

•

Minimize adverse impacts of such structures on the value of nearby property.

Title. This section shall be cited as: Section 15.365, St. Croix County Mobile Tower Siting.

Statutory Authorization. Except as otherwise noted, this Section is adopted through powers granted in Wis. Stat.
§ 59.69 for the purpose of implementing Wis. Stats. §§ 66.0404 and 66.0406.

General Provisions
a.

Applicability.
1.

The following regulations and standards apply to all mobile support structures and facilities in all Zoning
Districts unless otherwise provided in this section.

Subject to subsections 3.b and c below, Mobile Support Structures and Radio and Television Broadcasting
Studios are permitted in all Zoning Districts, with a Land Use Permit.

Mobile Support Structures in Floodplain Overlay District. The County is required by Wis. Stat. § 87.30
and Wisconsin Administrative Code NR 116 to adopt and enforce its floodplain zoning ordinance, which is
codified as Section 15.270. In addition, the placement of electrical and mechanical equipment in a floodplain is

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regulated by SPS 321.33(5) of the state’s construction standards. Nothing in this Section shall alter or affect the
obligations arising from any of those provisions.
c.b. Mobile Support Structures in The Public Right-of-Way. Pursuant to the County’s authority under Wis.
Stat. § 59.54(6), no mobile support structure or its structural components shall be erected or temporarily placed
within any road or highway or its right-of-way.
d.c. Mobile Support Structures Exempt from Regulation. The following mobile support structures and facilities
are exempt from regulation under this section:
1.

2.
4.

Amateur Radio Antennas constructed for use by licensed amateur radio operators up to:
a.

60 feet high, or

100 feet when extended by a telescoping or crank-up mechanism, with a maximum height of 60 feet
when retracted.

Reception-only antennas and dishes for television and radio.

Permit Process
a.

Permit Required. A land use permit is required for a new mobile support structure and facilities, a Class 1
Co-Location or a Class 2 Co-Locations, and modifications to existing facilities.

Land Use Permit Application for a Mobile Support Structure & Facilities, a Class 1 Co-location or a
Class 2 Co-location
1.

A properly completed application for a land use permit for a new mobile support structure and facilities or
Class 1 Co-Location shall be made to the Zoning Land Use Administrator upon forms furnished by the
County.

The application must be signed by both the property owner and the applicant or his/her agent.

3.1. The information required by § 15.590 shall be provided for new mobile support structures and facilities and
Class 1 Co-Locations.
c.1. Permit Decision & Appeal Process for New Mobile Support Structures and Facilities or Class 1
Co-locations
1.2. If an applicant submits to the ZoningLand Use Administrator an application for a permit for a new or
modification of mobile support structure and facilities, or Class 1 co-collocation, which contains all of the
information required under this ordinance, it shall be considered complete.
2.3. If the Zoning Land Use Administrator does not believe that the application is complete, the applicant will
be notified in writing, within 10 days of receiving the application that the application is not complete. The
written notification shall specify in detail the required information that was incomplete. An applicant may
resubmit an application as often as necessary until it is complete.
3.4. Within 90 days of receipt of a complete application, the Zoning Land Use Administrator shall complete all
of the following or the applicant may consider the application approved, except that the applicant and the
Zoning Land Use Administrator may agree in writing to an extension of the 90-day period:???
a.

Review the application to determine whether it complies with all applicable aspects of the building
code and, subject to the limitations in this section, zoning ordinances.

Make a final decision whether to approve or disapprove the application.

Notify the applicant, in writing, of the final decision.

If the application is approved, issue the applicant the land use permit.

If the decision is to disapprove the application, include with the written notification substantial
evidence which supports the decision.

d.b. Permit Decision & Appeal Process for Class 2 Co-Collocations and Modifications

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If an applicant submits to the department an application for a permit for a Class 2 co-location, which
contains all of the information required by § 15.590, the Zoning Land Use Administrator shall consider the
application complete.

2.1. If any of the required information is not in the application, the Zoning AdministratorLand Use Administrator
shall notify the applicant in writing, within 5 days of receiving the application, that the application is not
complete. The written notification shall specify in detail the required information that was incomplete. An
applicant may resubmit an application as often as necessary until it is complete.
3.2. Within 45 days of receipt of a complete application, the Zoning AdministratorLand Use Administrator shall
complete the review of the applicationall of the followingt or the applicant may consider the application
approved, except that the applicant and the Zoning AdministratorLand Use Administrator may agree in
writing to an extension of the 45-day period.:

Make a final decision whether to approve or disapprove the application.

Notify the applicant, in writing, of the final decision.

If the application is approved, issue the applicant the relevant permit.

If the decision is to disapprove the application, include with the written notification substantial
evidence which supports the decision.

Standards
a.

Setbacks. The setback for mobile service support structures and facilities shall meet the provisions of § 15.242.
or at least 150% of height unless a fall zone approval by a professional engineer is submitted.

Aeronautical Safety. The County may disapprove an application involving creation of a new mobile support
structure where both of the following are true:
1.

The height of the new structure exceeds 200 feet, measured from the ground level at its site; and

Tthe new structure would extend into air space [protected by 47 C.F.R. 17.7(b).] that is above an imaginary
surface extending outward and upward at any of the following slopes:

100 to 1 for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the nearest
runway of any airport with at least one runway more than 0.98 kilometers (3,200 feet) in actual length,
excluding heliports.

50 to 1 for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the nearest
runway of any airport with its longest runway no more than 0.98 kilometers (3,200 feet) in actual length,
excluding heliports.

c.1. 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest
landing and takeoff area of any heliport.
c.

Removal of Mobile Support Structure & Facilities. Any mobile support structure and facilities which is
not used for the use for which the permit was granted for 12 consecutive months must be removed and the
site restored within 3 months. The site shall be restored to its original condition and anchoring elements shall
be removed from the ground to a depth of at least 8 feet below grade. If removal and restoration are not
completed, the County is authorized to complete the removal and site restoration and charge the cost to the
performance bond.

Performance Requirements
1.

A performance bond in a form acceptable to the Zoning AdministratorLand Use Administrator shall be
submitted at the time of application to provide for the removal of the mobile support structure and facilities.
The bond shall be a maximum of $20,000.

The structures on the ground shall be screened with 6 foot high6-foot-high coniferous trees to provide
80% opacity at maturity.

The bottom of the mobile support structure and facilities from ground level to 12 feet above ground shall
be designed to prevent unauthorized climbing and shall be enclosed with a minimum 6-foot high6-foot-

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high chain link fence with a locked gate. Guyed tower anchoring points shall be also enclosed with a 6foot-high chain link fence.

Security lighting shall be downward directed and shielded to keep light within the boundaries of the site.

Adequate parking shall be provided for maintenance and repair vehicles.

A written acknowledgment from the landowner of a leased site that they will abide by the applicable
conditions of the Land Use Permit, including the restoration and reclamation requirements in subsection
5.c of this section.

Installation of the wireless mobile support structure and facilities shall comply with the manufacturer’s
specifications.

New mobile support structure and facilities shall provide space for at least two co-locations.

Prohibitions
1.

No wireless communication facility shall be artificially illuminated unless required by the FCC or FAA.

A temporary mobile transmission facility site is not permitted except in the case of equipment failure,
equipment testing, equipment replacement, or emergency and prior authorization is obtained from the
Zoning AdministratorLand Use Administrator. Use of a temporary site for testing purposes shall be limited
to 24 hours, and the use of a temporary site for equipment failure, equipment replacement or emergency
shall be limited to 30 days unless extended for good cause in writing by the Zoning AdministratorLand Use
Administrator.

There shall only be one mobile support structure and facilities on a parcel of land.

Completion Deadline
1.

Wireless mobile support structure and facilities construction authorized by a land use permit issued under
this section shall commence within 1 year from the date of approval and be substantially completed or
implemented within 2 years.

Applicants can request extensions of one or both deadlines, for periods up to 6 months, from the Zoning
AdministratorLand Use Administrator.

The total time granted for extensions shall not exceed 6 years.

Permit Revocation. Where the terms or conditions on any land use permit for wireless mobile support
structure and facilities are violated, the permit may be revoked by the Zoning AdministratorLand Use
Administrator.

h.f. Biennial Report. The mobile support structure and facilities owner shall submit each even-numbered year on
or before January 31st, a transmission facility information report, on a county- provided form. The report shall
detail the use, maintenance and condition of the wireless mobile support structure and facilities. The report
shall be accompanied by a 2-year renewal of the performance bond. in a form acceptable to the Zoning
AdministratorLand Use Administrator in an amount sufficient to provide for removal of the wireless mobile
support structure and facilities. The bond amount is a maximum of $20,000.
i.g. Safety Inspection. If the county has reason to believe that a wireless mobile support structure and facilities
is a safety risk, it may require the permit holder to perform an inspection by a registered engineer and provide
a copy of the report to the Zoning AdministratorLand Use Administrator within 60 days of notice by the County
that an inspection is required.
6.

Effective Date. This Section is effective on August 15, 2017.

Effective on: 11/11/2022

15.370 Nonmetallic Mining
Purpose: Nonmetallic Mining is permitted as a conditional use or a temporary use in the AG-2, R-1, and I-2 districts and
is regulated by Chapter 14 of the County Code of Ordinances. This section protects public health, safety and general welfare
and ensures that Nonmetallic Mining is compatible with the applicable district, while accommodating these uses as an
important industry that contributes to the County's economic well-being.

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Applicability. This section applies to Nonmetallic Mining.

General Standards. Non-metallic mining operations shall comply with:

Chapter 14 of the County Code of Ordinances, and

Wis. Stat. Chapter 295, subchapter I, and rules promulgated under that subchapter as well as with local
ordinances adopted under Wis. Stat. §§ 295.13 or 295.14,

applicable provisions of this Section, and

any requirements of the State Department of Transportation concerning restoration of nonmetallic mineral mine
sites.

AG-2 District. In the AG-2 district, the applicant shall demonstrate that:???
a.

The operation and its location:
1.

considered alternative locations outside of the AG-2 District, or

is specifically approved for the location under state or federal law.

The operation is reasonably designed to minimize the conversion of land around the mine site from agricultural
or open space uses to other land uses.

The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels
of land that are zoned for or legally restricted to agricultural use.

The owner or operator will restore the mine site to agricultural uses, consistent with a reclamation plan calling
for such type of restoration once the nonmetallic mineral mining operation has been completed.

Temporary Nonmetallic Mining. Temporary Nonmetallic Mining operations are allowed if the operation:
a.

Extracts a total of 150,000 cubic yards or less of material, and

does not exceed 2 years60 days in duration, and

obtains a Land Use Permit in accordance with § 15.555.

Effective on: 12/1/2019

15.371 Private One-Room Schoolhouse
1.

Applicability. This section applies to any one-room structure used for private religious and educational instruction.

Standards.
a.

Maximum capacity of 37 occupants.

The use shall comply with St. Croix County sanitary wastewater requirements.

Effective on: 11/11/2022

15.373 Roadside Stands
Purpose: This section provides for the regulation of structures near the public right-of-way used to sell farm products and
agriculture goods, to enable that use while protecting rural character and roadway safety.
1.

Applicability. This section applies to any structure in a street yard used to sell farm products

Standards.
a.

The maximum ground area covered by a roof shall be 300 sq. ft.

The structure shall not be permanently fixed to the ground and shall be readily removable in its entirety.

The structure shall not be fully enclosed.

The structure shall be used solely for the sale of farm products produced on the premises or adjoining premises.

The structure shall be sited to allow vehicles to safely exit and enter the public roadway. Vehicles should be
able to turn around on the parcel before exiting.

e.f. The structure shall not be located within any road right-of-way or vision triangle areas.

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Effective on: 12/1/2019

15.375 Short-Term Rentals
Purpose: This section identifies County and State regulations allowing for the short-term rental of principal residential
dwellings.
1.

Applicable Regulations. Short-Term Rentals are regulated by Wis. Admin. Code Ch. ATCP 72 Hotels, Motels and
Tourist Rooming Houses and also by Wis. Stat. § 66.1014.

Registration and Licensing. The owner of a Short-Term Rental Property shall annually obtain a tourist rooming
house license from the Department of Agriculture, Trade and Consumer Protection. These licenses are locally issued
by the St. Croix County Public Health Department - Licensing and Inspections. The license year for all licenses is
from July 1 to June 30 of the following year.

2.3. Standards. No residential dwelling unit shall be rented more than 180 days per year with a period of stay no less
than 7 days.
Effective on: 11/11/2022

15.380 Signs
Purpose: This section identifies sign regulations to minimize visual impacts on scenery and distractions to
the general public while promoting local businesses, events, and attractions. and Findings:
The Board of Supervisors finds that:

•
•
•

Exterior signs have a substantial impact on the character and quality of the environment.

•

Signs can also threaten the public welfare by creating aesthetic concerns and detriments to property values. Such
aesthetic concerns and detriments to property values are particularly great when an accumulation of signs results in
visual clutter, or when one or more signs spoil vistas or views, or when one or more signs add or increase
commercialism in noncommercial areas.

•

The ability to erect signs serving certain functions, such as an address sign or a sign announcing that the property on
which it sits is for sale or for lease or a sign used to indicate areas not available (or available) for public use, is an
integral part of nearly every property owner’s ability to realize the fundamental attributes of property ownership. The
same cannot be said for signs serving other functions, such as billboards erected so as to be visible from public rightsof-way. Such signs are primarily designed to take advantage of an audience drawn to that location by the public’s
substantial investment in rights-of-way and other public property.

•

Signs serving certain other functions, such as small off-premise signs that are in place for fewer than four days, are
necessary to enable visitors or residents to efficiently reach their intended destinations. Experience teaches that
citizens often plan as if such signs will be present in those settings, so in the absence of such signs, frustration and
disorientation will result, and time and fuel will be wasted.

•
•

No signs that exceed the size or spacing limitations of this section constitute a customary use of signage in the County.

Signs provide an important medium through which individuals may convey a variety of messages.
Signs can create safety hazards that threaten the public health, safety or welfare. Such a safety threat is particularly
great for signs that are structurally inadequate, or that may confuse or distract drivers or pedestrians, or that may
interfere with official directional or warning signs.

The County’s land-use regulations have included the regulation of signs in an effort to foster adequate information
and means of expression and to promote the economic viability of the community, while protecting the County and
its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the
aesthetics of the community or threaten health, safety or the welfare of the community. The appropriate regulation

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of the physical characteristics of signs in the County and other communities has had a positive impact on the safety
and the appearance of the community.

•

The County, in the establishment of an Adult Establishment regulations (§ 15.310), identified its intent to protect the
health, safety, general welfare and morals of the residents of St. Croix County, to preserve the quality of family life,
to preserve the rural and urban characteristics of its neighborhoods in St. Croix County and to prevent adverse and
deleterious effects contributing to the blight and downgrading of neighborhoods. Being mindful of the effects of adult
entertainment upon minors and the criminal activity and disruption of public peace associated with such
establishments, while also giving due consideration to civil rights of persons partaking in such entertainment, it
continues to be the intent of the Adult Establishment regulations and this section to regulate the advertisement of
such establishments of adult entertainment.

The purpose of this section is to:

•

Regulate signs in a manner that does not create an impermissible conflict with statutory, administrative, or
constitutional standards, or impose an undue financial burden on the County.

•

Provide for fair and consistent enforcement of the sign regulations set forth in this section under the zoning authority
of the County.

•

Improve the visual appearance of the County while providing for effective means of communication and orientation,
particularly in those settings in which the need for such communication or orientation is greater, consistent with
constitutional guarantees and the County’s Findings and other Purposes.

•

Maintain, enhance and improve the aesthetic environment of the County, including its scenic views and rural character
consistent with the St. Croix County Comprehensive Plan and the purpose of each zoning district, by preventing visual
clutter that is harmful to the appearance of the community, protecting vistas and other scenic views from spoliation,
and preventing or reducing commercialism in noncommercial areas.

•

Regulate the number, location, size, type, illumination and other physical characteristics of signs within the County in
order to promote the public health, safety and welfare.

General Provisions
a.

Applicability. This subsection applies to all signs in all zoning districts, including permanent, temporary, onpremise and off-premise signs, unless otherwise provided by this section.

Substitution Clause & Sign Content

Subject to the landowner’s consent, noncommercial speech of any type may be substituted for any duly
permitted or allowed commercial speech; provided, that the sign structure or mounting device is legal
without consideration of message content. Such substitution of message may be made without any
additional approval or permitting. This provision prevails over any provision to the contrary in this
ordinance. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over
noncommercial speech, or favoring of any particular noncommercial message over any other
noncommercial message. This provision does not create a right to increase the total amount of signage on
a lot or parcel, nor does it affect the requirement that a sign structure or mounting device be properly
permitted.

All noncommercial speech is considered on-premise signage and is entitled to the privileges that on-premise
signs receive under this section.

No commercial speech is allowed on a sign, other than a message drawing attention to a business or
service legally offered on the premises, except as allowed in subsection 3.d.

Signs in the Public Right-of-way
1.

No sign or its structural components shall be erected or temporarily placed within any road, highway, rightof-way, public easement or upon any public property, except for the following, which may be placed without
a permit:
a.

Public signs erected by or on behalf of a government body for the purpose of carrying out an official
duty or responsibility, including but not limited to posting legal notices, identifying property, or to
direct or regulate pedestrian or vehicular movements or pertaining to traffic control or safety.

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a.ii. Signs that are traffic control devices and are permitted or allowed by the Wisconsin Manual on
Uniform Traffic Control Devices published by the Wisconsin Department of Transportation.
b.a. Signs, red reflective with white lettering, maximum size 20 inches wide by 12 inches high, if they are
located to the right of the driveway. (to a person facing the driveway from the road) at the right-ofway line, and parallel to the road.
c.b. Signs posted or placed by a public utility or communications franchise holder near one or more of its
poles, lines, pipes or facilities.
d.c. Signs erected by a governmental agency, a public utility company or a contractor doing authorized or
permitted work within the public right-of-way, to ensure safety.
2.

Unauthorized signs erected or temporarily placed within any road, highway, right-of-way, public easement
or upon any public property may be removed by the County or town in which the sign is located at the
sign owner's expense.

Signs Exempt from Regulation. The following signs are exempt from regulation under this section:
1.

Single sided signs 9 square feet or less in size. Incidental signs.

2.1. Interior signs located completely within a building and not visible from outside the building.
3.2. Up to three flags/banners on a single lot or parcel containing only non-commercial speech the combined
area of which is less than 100 square feet in size. Flags not within this definition are deemed freestanding
signs subject to permit. For purposes of this paragraph, a “single lot” includes but is not limited to an area
to which a member of a condominium association, cooperative association, or residential real estate
management association has a separate ownership interest or a right to exclusive possession or use.
4.

Signs that are traffic control devices and are permitted or allowed by the Wisconsin Manual on Uniform
Traffic Control Devices published by the Wisconsin Department of Transportation.

5.3. Governmental signs erected by or on behalf of a government body to carry out an official duty or
responsibility, including but not limited to posting legal notices, identifying public property and indicating a
public use., except for such signs in the Lower St. Croix Riverway Overlay District (see subsection
2.f.4 below).

Temporary freestanding signs, containing no commercial speech, two square feet or less in size in farm
fields.

Temporary freestanding signs, containing no commercial speech, 36 square inches or less in size in any
lawn.

Suspension Of Certain Size, Shape, Placement and Content Restrictions During an Election
Campaign Period
1.

Subject only to the exceptions in subsection 5. below, during an election campaign period, signs containing
noncommercial speech may be placed upon residential property notwithstanding any other restriction in
this section of the size, shape, placement or content of any sign.

For purposes of this subsection, “election campaign period” means:
a.

In the case of an election for office, the period beginning on the first day for circulation of nomination
papers by candidates, or the first day on which candidates would circulate nomination papers were
papers to be required and ending on the day of the election.

In the case of a referendum, the period beginning on the day on which the question to be voted upon
is submitted to the electorate and ending on the day on which the referendum is held.

If the owner of the property has rented some or all of the property to another, the renter may exercise the
right in any area of the property that he or she occupies exclusively, and the owner of residential property
may exercise the right in any portion of the property not occupied exclusively by a renter. The terms of a
lease or other agreement under which the residential property is occupied shall control in determining
whether property is occupied exclusively by a renter.

If another part of this section, including the substitution clause provisions of subsection 1.b, creates a right
to erect or display a particular type of sign, this subsection does not in any way limit the exercise of that
right, whether or not the sign is erected or displayed during an election campaign period.
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Exceptions
a.

No owner or renter may place a sign that is contrary to a size, shape, or placement regulation of this
section if:
1.

Such regulation is necessary to ensure traffic or pedestrian safety, or

The sign has an electrical, mechanical or audio auxiliary.

This section shall not affect the County’s authority to enforce any regulation against a sign that is
prohibited from being erected or displayed under Wis. Stat. §§ 13.02, 12.035, or 84.30.

f.e. Prohibited Signs. All signs, other than those permitted herein, shall be prohibited, including but not limited
to:
1.

Signs that fail to satisfy one or more of the applicable regulations set forth in subsections 1 and 2.

Beacons, except those associated with emergencies and aircraft facilities.

Bench signs.?

Bus shelter signs.?

5.1. Flying signs, such as blimps or kites, designed to be kept aloft by mechanical, wind, chemical or hot air
means that are attached to the property, ground or other permanent structure.
6.2. Inflatable signs that are attached to the property, ground or other permanent structure, including but not
limited to balloons.
7.3. Signs and components and elements of faces of signs that are animated, move, shimmer, or contain
reflective devices.
8.4. Signs which emit any odor, noise or visible matter other than light.
9.

Signs painted directly on a building, fence, tree, stone or similar object, except those on windows or
buildings as allowed in subsections 3.a and 3.b.5.

10. Off-premise signs, except as allowed in subsections 1.e, 3.d and 4.a.
11. Pornographic signs.
12. Portable signs.
13.5.
Protruding Building signs and Perpendicular Building signs except as allowed in subsections
3.b.5.f.2 and 5.
14. Roof signs.
15.6.

Signs on utility poles.

16.7.

No advertising message or sign shall be affixed to any transmission facility.

17. A vehicle used as a sign or as the base for a sign where the primary purpose of the vehicle in that location
is its use as a sign.
2.

Standards
a.

Placement Standards
1.

Signs shall not be placed on any property without the property owner's written approval.

2.1. Building signs shall be placed below the roof line.
3.2. No person shall place a sign which will obstruct or interfere with a driver's or pedestrian's ability to see a
road, highway, traffic sign, signal, railway crossing, crossroad or crosswalk. No sign or its structural
components shall be erected or temporarily placed within the vision triangle of a road or highway.

Double faced signs shall be placed back-to-back (parallel) with an internal angle no greater than 30
degrees. not more than 18 inches between facings.

No signs shall be permitted in the AG-2 and Conservation zoning districts unless they are exempt above.

Dimensional Standards
1.

Every portion of any sign and its structural components and mounting devices must meet the specified
setbacks.
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2.1. Signs shall be set back at least 10 5 feet from any right-of-way.
3.2. Signs shall be set back at least 20 5 feet from all side and rear yard lot lines.
4.3. Signs over 100 square feet shall be at least 500 feet from any preexisting residence or residential district.
5.4. Freestanding sign(s) shall be separated from other structures by a minimum of 10 feet, measured from
edge of roof overhang to sign.
6.5. The maximum height of any freestanding sign shall be 10 feet in the R-1, R-2, AG-1 zoning districts and
230 feet in the C-1, C-2, C-3, I-1, I-2 districts.above the average elevation at the site of the sign.
7.6. Sign area or size will be measured by the smallest square, rectangle or combination thereof which will
encompass the entire sign, including the writing, representation, emblem or other display, together with
any material or color forming an integral part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed. Sign area/size includes the total sign face,
writing, and any emblems, but does It will not include the base, apron, supports, structural members,
framework, poles, or roof., embellishments or decorative base when such area meets the other regulations
of this Section.
8.
c.

Multi-faced signs shall not exceed 2 times the allowed square footage of single-faced signs.

Illumination Standards
1.

Externally Iilluminated signs shall only be bright enough to make the message readible. External light
sources shall be shielded and directed downward.have a shielded light source which is downward directed.

2.1. Illuminated signs shall be designed so as not to direct any light or produce glare onto adjacent properties.
or toward navigable waters.
3.2. The County may specify the hours a sign may be illuminated and limit its brightness while illuminated. The
hours of illumination or brightness limitations may be established at any time, including during the life of
the sign.
4.3. The lighted portions of an auxiliary canopy shall be backlit and considered sign area, which will be limited
by the wall sign regulations of the underlying zoning district.
5.4. Signs and sign components and elements of faces of signs Illuminated signs shall not flash, move, travel
or use animation. However different messages may be displayed up to every 30 seconds with clean breaks
between message content.
6.

Unless a sign’s only illumination is external and uncolored, the following additional regulations shall also
apply to that sign:
a.

No illuminated off-premises sign which changes in color or intensity of artificial light at any time while
the sign is illuminated shall be permitted.

No illuminated on-premises sign which changes in color or intensity of artificial light at any time while
the sign is illuminated shall be permitted.

A sign that regularly or automatically ceases illumination for the purpose of causing the color or
intensity to have changed when illumination resumes shall fall within the scope of the prohibitions of
subsections a and b above.

The scope of subsection 6's prohibitions include, but are not limited to, any sign face that includes a
video display, LED (Light Emitting Diode) lights that change in color or intensity, ‘digital ink,’ and any
other method or technology that causes the sign face to present a series of two or more images or
displays, except for the following:
1.

A change in the image or display that is limited to once every one (1) minute period.

The images or messages displayed between the transition are static and each transition from one
display to the next is instantaneous and without special effects (e.g. scrolling messages or flashing
messages).

The images or messages displayed ae complete in themselves, without continuation in content
from one display to the next.

Construction & Maintenance Standards

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All signs, supports and accessories and construction shall be meet applicable State of Wisconsin building
codes and the Uniform Sign Code and the International Building Code as published by the International
Code Council, to ensure that the signs and their construction are structurally sound and safe.

Sign display surfaces shall be anti-glare. properly coated or covered, attached and maintained.

3.2. All signs using electric power shall have a cutoff switch on the outside of the sign and on the outside of
the building or structure to which the sign is attached.
4.3. All signs, supports and accessories shall be maintained in good repair.
5.4. When any use is discontinued for a period of 180 consecutive days, all signs and sign supports relating to
that use shall be removed.
6.5. Signs that are in structural disrepair or damaged and are left without repair for 60 consecutive days shall
be removed.
e.

Sign Maintenance & Repair

Signs and their structural components may be maintained or repaired with a land use permit for sign
maintenance and repair, provided there is no enlargement or alteration to the sign, mounting device(s) or
structural components of the sign.

7.6. A permit is not required if the only change is to a sign's message. or copy, provided there is no enlargement
or alteration to the sign or structural components of the sign. This does not relieve the owner of the need
to comply with every applicable legal requirement other than the duty to obtain a permit.
f.

On-premise Sign RegulationsOverlay Districts and Use Regulations

Signs in the overlay districts or in Use Regulations are allowed subject to the standards and permitting
requirements of the underlying zoning district.

An On-Premise Sign for an Adult Establishment under § 15.310 is allowed subject to the standards of the
underlying zoning district, and a land use permit is required for all permanent signs.

An On-Premise Sign in the Shoreland Overlay Districts under § 15.260 is allowed subject to the following
additional standards:

A land use permit for signage is required for all permanent signs.

Any sign visible from the water shall be set back 75 feet from the Ordinary High Water Mark (OHWM).

Maximum area of any such sign shall be 32 square feet.

An On-Premise Sign in the Lower St. Croix Riverway Overlay District § 15.265 is allowed, subject to the
following additional standards:
a.

A land use permit for signage is required for all permanent signs.

Either:
1.

The sign must be approved by State or local government and be necessary for public health or
safety, or

The sign must be used only to indicate areas that are available or not available for public use; or

The sign must not be visible from the river and must be legally allowed or permitted in the
underlying zoning district.

An On-Premise Sign in the Floodplain Overlay District (§ 15.270) is allowed subject to the following
additional standards:
a.

A land use permit for signage is required for all permanent signs.

Any sign in the Floodway District shall meet the standards of §§ 15.270.4, 5, 6 and 9.

Any sign in the Floodfringe District shall meet the standards of §§ 15.270.4, 5, 7 and 9.

Sign Types
a.

Signs Permitted by Zoning District. The following tables identify the signs allowed in each zoning district,
and the circumstances in which certain types of signs are permitted if those signs are not prohibited as set forth

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in subsection 1.f. above, satisfy all other applicable regulations set forth in subsections 1 and 2 and satisfy the
specific requirements that are identified by sign type in subsections 3.b, c and d below.
Table 15.380.1
Permanent Signs Permitted By Zoning District
Sign Type
On-Premise
Freestanding

On-Premise
Building

On-Premise Area or
Neighborhood

On-Premise
Agricultural

On-Premise Home
Occupation

Additional
Standards May
Apply

R-2, R-3

A/LUP

LUP

Yes

AG-1

A/LUP

LUP

Yes

AG-2

A/LUP

LUP

Yes

R-1

A/LUP

LUP

Yes

CON

A/LUP

Yes

C-1, C-2, C-3

LUP

Yes

I-1, I-2

LUP

Yes

Zoning District

Key:
A = Allowed without permit but subject to compliance with all other applicable regulations of this section.
LUP = Land use permit for signs required but subject to compliance with all other applicable regulations of
this section.
A/LUP = Either allowed without a land use permit or allowed with a land use permit subject to compliance
with all other applicable regulations of this section.
N = Not permitted

Table 15.380.2
Permanent Sign Standards
Standard
Sign Type

Number

Size

Height

Type

Permit

Additional
Standards

On-Premise Residential

1/Lot or
Parcel

6 sf

Freestanding

Yes

On-Premise Nonresidential

1/Frontage

32 sf/sign
64 sf total

6'-12'

Monument

LUP*

Yes

On-Premise Commercial

1/Frontage

80 sf/sign
120 sf total

20'

Freestanding

LUP*

Yes

On-Premise Industrial

1/Frontage

80 sf/sign
120 sf total

20'

Freestanding

LUP*

Yes

On-Premise Building

Unlimited on
3 Faces

80 sf/face
240 sf total

N/A

Wall/Window

LUP

Yes

On-Premise Area or Neighborhood

1/Entrance

32 sf/sign

20'

Freestanding

LUP

Yes

On-Premise Agricultural

1/Frontage

32 sf/sign
64 sf total

20'

Freestanding

Yes

On-Premise Home Occupation

1/Lot or
Parcel

2 sf/sign minor
6 sf/sign major

Freestanding

A
LUP*

Yes

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Figure 15.380.1 Wall Sign Area Calculation

Key:
A = Allowed without permit but subject to compliance with all other applicable regulations of this section.
LUP = Land use permit for signs required but subject to compliance with all other applicable regulations of
this section.
LUP* = These uses may also require a Conditional Use Permit
Table 15.380.3
Temporary Sign Standards
Sign Type
On-Premise Construction

Standard
Number

Size

Height

Type

Permit

Timeframe

2/Site

80 sf total

12'

Freestanding

Yes

On-Premise Development 1/Frontage

64 sf

12'

Freestanding

Yes

On-Premise Real Estate 1/Frontage

6 sf/sign residential
32 sf/sign nonresidential

6'
12'

Freestanding

Yes

On-Premise Employment 1/Frontage

6 sf

N/A

Yes

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Key:
A = Allowed without permit but subject to compliance with all other applicable regulations of this section.
b.

Permanent On-Premise Signs
1.

Permanent on-premise signs that are not prohibited as defined in subsection 1.f. above are permitted
subject to the standards in this section, if those signs satisfy all other applicable regulations set forth in
subsection 2, and standards specific to the zoning district in which they are located as set forth in subsection
3.a. and below.

An On-Premise Sign is allowed on residential property in the AG-1 AG-2, R-1, R-2, R-3 and CON zoning
districts subject to the following additional standards:

No permit is required.

One sign per lot or parcel.

Maximum area of any such sign shall be 6 square feet.

Maximum height shall be 6 feet.

Any such sign shall be a freestanding design.

Any such sign shall not be illuminated.

An On-Premise Sign is allowed on property used for nonresidential uses legally allowed or permitted in the
AG-1, AG-2, R-1, R-2, R-3 and CON zoning districts subject to the following additional standards:
a.

A land use permit for signage is required.

One sign per road or highway frontage.

Maximum area of any such sign shall be 32 square feet per sign.

Any such sign area shall not exceed 64 square feet in aggregate.

Maximum height shall be 6 feet in the R-1, R-2 and R-3 zoning districts and 12 feet in the AG-1, AG2 and Conservancy zoning districts.

Any such sign shall be a monument design.

An On-Premise Sign is allowed in the C-1, C-2, C-3, I-1 and I-2 zoning districts subject to the following
additional standards:
a.

A land use permit for signage is required.

One sign per road or highway frontage.

Maximum area of any such sign shall be 80 square feet per sign.

Any such sign area shall not exceed 120 square feet in aggregate.

Maximum height shall be 20 feet.

Any such sign shall be a freestanding design.

An On-Premise Building Sign on a building used for agricultural, commercial or industrial purposes is
allowed subject to the following additional standards:
a.

A land use permit for signage is required.

Any number of signs may be installed on a building wall or window.

The total area of all building signs on any face shall not exceed 10 percent of the area of the facade,
including wall and window, with a maximum allowable sign area of 80 square feet per face and 240
square feet in total.

The allowable area of building signs for multi-tenant buildings with individual entrances from the
outside shall be calculated based on the exterior wall/window area of the space the tenant occupies.
Each tenant frontage is considered a separate wall/window.

Auxiliary canopies are allowed building signs based on the surface area of the canopy (vertical surface
below the roof line).

Location.
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Building signs may be placed on not more than three walls/windows of rectangular shaped
structures or not more than 75% of the major walls/windows on non-rectangular shaped
structures.

Signs may be attached flat against or pinned away from a building wall/window, but the sign face
shall not extend or protrude more than 12 inches from the wall/window.

Signs may be attached to the facade of a building but shall not extend above the roof line.

Signs may be on a building canopy, awning or marquee. Such sign will be considered a building
sign on the wall, canopy, marquee or awning on which it is attached.

Signs may be perpendicular to a building wall but the sign face shall not project more than
24 inches from the wall.

An Area or Neighborhood Sign on property used for residential, commercial or industrial uses is considered
an On-Premise Sign under this section is allowed subject to the following additional standards:
a.

A land use permit for signs is required.

No more than one sign is allowed for every road or highway entrance to a development.

The maximum area of any such sign shall be 32 square feet per sign.

Any such sign shall be set back at least 10 feet from the right-of-way but no further than 20 feet from
the right-of-way, unless incorporated into a county-approved entrance design.

Any such sign shall be a freestanding design.

Any such sign shall not be internally lighted.

A sign on property on which agricultural products are legally grown and legally offered for sale is considered
an On-Premise Sign under this section if it does no more than draw attention to a product legally offered
on the premises, and is allowed subject to the following additional standards:
a.

One sign per road or highway frontage.

Maximum area of any such sign shall be 32 square feet per sign.

Maximum cumulative sign area per sale location shall be 64 square feet.

Maximum height shall be 20 feet.

Any such sign shall be a freestanding design.

Any such sign shall not be illuminated.

Agricultural products shall be produced on the site.

Sign(s) for Seasonal Roadside Stands shall be placed when products are available.

A sign on property on which a Minor or Major Home Occupation within the meaning of § 15.345 is lawfully
taking place is considered an on-premises sign under this section if it does no more than draw attention to
a product or service lawfully offered on the premises, and is allowed subject to the following additional
standards:
a.

One sign per home occupation, exterior or interior visible from the outside.

Minor Home Occupation sign maximum area shall be 2 square feet.

Major Home Occupation sign maximum area shall be 6 square feet.

Maximum height shall be 6 feet.

Any such sign shall be a freestanding design.

Any such sign shall not be illuminated.

One additional On-Premise Sign shall be allowed in any zoning district subject to the following additional
standards.
a.

Maximum area of any such sign shall be 36 inches.

Only one such sign is allowed for every parcel.

Any such sign must be placed in one of the following three locations:
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On the front of the principal structure.

On the side of an authorized United States Postal Service mailbox.

On one post which measure no more than 48 inches in height and 4 inches in width.

10. Two additional Freestanding On-Premise Signs shall be allowed on a parcel that includes a drive-through
window, subject to the following additional standards:
a.

One sign may only be located within 6 feet of a lot line and within 6 feet of a curb cut, with a maximum
area of 8 square feet.

Any second sign shall be facing the drive-through lane, with a maximum area of 30 square feet.

11. No on-premise sign may be placed without first obtaining the property owner's permission.
c.

Temporary On-Premise Signs
1.

Any sign that is authorized under this subsection because of the status or activity occurring on the parcel,
but that remains in place after the status or activity that permitted its use is completed, may not remain in
place unless it constitutes or becomes a lawful Permanent On-Premise Sign under the previous subsection,
and a land use permit for that sign is obtained for that use.

The following temporary signs are permitted to be placed on the lot or parcel to which they refer without
a land use permit for signs, subject to the applicable standards:
a.

A Temporary On-Premise Sign is allowed on residential property in the Residence, AG-1 AG-2, R-1,
and CON zoning districts subject to the following additional standards:
1.

No permit is required.

Maximum area shall be 6 square feet.

The maximum area of 6 feet may be used for one sign or divided among several otherwise
compliant signs, so long as the total amount of area does not exceed 6 square feet.

Maximum height shall be 6 feet.

Any such sign shall be a freestanding design.

Any such sign shall not be illuminated.

Up to 2 additional Temporary On- Premise Signs shall be allowed on a parcel where the principal
structure is currently undergoing construction, subject to the following additional standards:
1.

Any such sign area shall not exceed 80 square feet in aggregate.

Maximum height shall be 12 feet.

Any such sign shall be a freestanding design.

Any such sign shall be removed within 7 days of when construction is completed.

An additional Temporary On-Premise Sign erected on a non-residential development project, or
erected on a residential development project at the time that the development includes 10 or more
dwelling units for sale or lease, is allowed in any zoning district subject to the following additional
standards:
1.

One sign per road or highway frontage for each project.

Maximum area of any such sign shall be 64 square feet.

Maximum height shall be 12 feet.

Any such sign shall be a freestanding design.

A sign shall be at least 200 feet from any pre-existing residence.

A sign shall not be installed until construction has started or the project is approved by the County.

Sign shall be removed when the project is 80% completed, sold or leased.

An additional Temporary On-Premise Real Estate sign on a parcel that is currently for sale or rent is
allowed in any zoning district subject to the following additional standards:
1.

One sign per road or highway frontage.
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3.
d.

For residential property, the maximum sign area shall be 6 square feet and maximum sign height
shall be 6 feet.

For residential property, the maximum sign area for a parcel including a model home shall be 32
square feet and the maximum sign height shall be 12 feet.

For non-residential property, the maximum sign area shall be 32 square feet and maximum sign
height shall be 12 feet.

Any such sign shall be a freestanding design.

Any such sign shall be removed within 7 days following the sale or lease of the property.

An additional Temporary On-Premise Sign on non-residential property on a parcel occupied by a
workplace for which one or more positions of employment are open is allowed subject to the following
additional standards:
1.

One sign per road or highway frontage.

Maximum area of any such sign shall be 6 square feet.

Maximum height shall be 6 feet.

Any such sign shall be removed when all positions of employment on the property have been
filled.

No on-premise sign may be placed without first obtaining the property owner's permission.

Temporary Off-Premise Signs
1.

A Temporary Off-Premise Sign is allowed, without a permit, in any zoning district, subject to the following
additional standards.
a.

The Sign may remain in place for no more than 4 continuous days, and then must be removed.

No off-premise sign may be placed without first obtaining the property owner's permission.

Maximum area of any such sign shall be 6 square feet.

Maximum height shall be 6 feet.

Any such sign shall be a freestanding design.

Signs shall be placed outside and may abut the right-of-way.

If the sign was manufactured to suit the design directions of a purchaser in bulk, no more than 5 such
signs may be posted in the County at any one time, and only in full compliance with the remainder of
this Section.

A person who places one or more Signs pursuant to this subsection and fails to remove the Sign or
Signs after more than 4 days have passed since it was posted, and a 4-day grace period has passed,
is subject to a civil fine under Chapter 1 Citation Ordinance of the St. Croix County Code of Ordinances.

A Temporary Off-Premise Sign is allowed to remain in place for more than 4 continuous days only if a
permit is obtained before the expiration of the 4-day period, and subject to the following additional
standards:
a.

The Sign may remain in place for no more than 4 continuous weeks, and then must be removed.

After the expiration of the 4-week period, the sign may not be posted unless a new permit is sought
and obtained.

No off-premise sign may be placed without first obtaining the property owner's permission.

Maximum area of any such sign shall be 6 square feet.

Maximum height shall be 6 feet.

Any such sign shall be a freestanding design.

Signs shall be placed outside and may abut the right-of-way.

If the sign was manufactured to suit the design directions of a purchaser in bulk, no more than five
such signs may be posted in the County at any one time, and only in full compliance with the remainder
of this Section.
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A person who places one or more Signs pursuant to this subsection and fails to remove the Sign or
Signs after more than 4 continuous weeks have passed, and a 4-day grace period has also passed, is
subject to a civil fine under Chapter 1 Citation Ordinance of the St. Croix County Code of Ordinances.

Administration
a.

Nonconforming Signs
1.

Nonconforming permanent freestanding signs lawfully existing on July 1, 2007 shall be allowed to continue
in use, but shall not be altered other than to change the message relocated, added to, or repaired in excess
of 50% of the assessed value of the sign, without being brought into compliance with this section.

Nonconforming permanent building signs lawfully existing on July 1, 2007 shall be allowed to continue in
use, and may be repaired provided the repair does not increase the nonconforming aspect of the sign, but
shall not otherwise be altered other than to change the message, relocated, or added to, without being
brought into compliance with this section.

After a nonconforming sign has been removed, it shall not be replaced by another nonconforming sign.

If a nonconforming permanent sign's use is discontinued for a period of 12 months, the nonconforming
sign shall be removed or brought into compliance with this section within 60 days of notification by the
Zoning AdministratorLand Use Administrator.

Permit Required. A land use permit for signage is required prior to the improvement, erection, construction,
reconstruction, enlargement or alteration of any sign, structural component or mounting device unless otherwise
provided by this section.

Land Use Permit for Signs. A properly completed application for a land use permit for signs shall be made
to the Zoning AdministratorLand Use Administrator upon forms furnished by the County. The information
required by § 15.590 shall be provided.

Permit Decision & Appeal Process
1.

A land use permit for signs applicant or permit holder may appeal a determination or an order. Appeal
procedures are established in § 15.560.

When a permit of any kind is required for a sign, the Zoning AdministratorLand Use Administrator shall
deny, approve with conditions, or approve without conditions such permit in an expedited manner no more
than 30 days from the receipt of a complete application for such a permit, including the applicable fee.

If the permit is denied or approved with conditions, the County shall prepare a written decision within
10 days of its decision, stating a reason or reasons for the action and describing the applicant’s appeal
rights under § 15.560 and provide it to the applicant.

When the Board of Adjustment receives an appeal from the denial or approval with conditions of a
permit required for a sign, the Board shall arrive at a decision on such an appeal no more than 90
days from the receipt of a complete application for such an appeal, including the applicable fee.

If the appeal is denied or approved with conditions, the County shall prepare a written decision within
10 days of its decision, stating a reason or reasons for the action and provide it to the applicant.

When a permit of any kind is required for a sign, and the permit application or permit appeal demonstrates
that the sign would comply with all applicable requirements of this section, the permit application or permit
appeal shall not be denied.

Expiration
1.

Sign maintenance or construction authorized by a land use permit for signs issued under this section shall
commence within 1 year from the date of approval and be substantially completed or implemented within
2 years, after which time the permit expires.

Prior to expiration of a permit, applicants can request extensions of up to 6 months from the Zoning
AdministratorLand Use Administrator.

The total time granted for extensions shall not exceed 1 year.

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Permit Revocation. Where the terms or conditions on any land use permit for signage are violated, the
permit may be revoked by the Zoning AdministratorLand Use Administrator. The Board of Adjustment may
revoke a conditional use permit.

Effective on: 11/11/2022

15.381 Skiing Facilities
Purpose: This section, along with other parts of the zoning ordinance, has been created to regulate skiing facilities, to
provide development standards for this type of use, and to regulate, manage and protect the unique and steeper terrain in
which skiing facilities are inherently located upon.
1. Applicability. This section applies to Skiing Facilities.
2. General Standards. Skiing Facilities shall comply with:

Chapter 15 of the St. Croix County Code of Ordinances.

Wisconsin Administrative Code Ch. SPS 333 and ANSI B77.1-2011.

Wisconsin Administrative Code Ch. NR 151, Subchapter III, Non-Ag Performance Standards.

Standards.
a.

The area(s) of site disturbance shall be limited to that necessary to accommodate proposed development,
including access and supporting infrastructure and shall be stabilized and revegetated at the completion of
construction and final grading.

Skiing Facilities shall conform with all applicable Development Standards set forth in Section 15.400 to 15.430
of this Chapter.

Structures shall be designed, to the maximum extent physically feasible, to conform to rather than alter existing
slopes.

Conditions of approval under these standards may include, but are not limited to:
1.

Limitations on the total portion of the Skiing Facility site that may be cleared, regraded, filled, drained,
excavated or otherwise modified.

Performance bonds or other sureties acceptable to the St. Croix County Board of Adjustment to ensure
that construction, stormwater management and erosion control systems and slope stabilization and
revegetation are completed as approved.

Deed restriction on the future use and subdivisions of land to preserve undeveloped areas and limit
vegetation removal.

Dedication of easements to protect remaining undisturbed slopes.

5.3. Maintenance agreements that ensure permanent slope stabilization and stormwater management facilities
are properly maintained.
6.4. Modifications in required erosion prevention and stormwater management plans.
7.5. The submission of monitoring and site inspection reports and professional certifications during and after
the completion of construction.
8.6. Construction materials that minimize the visibility of development on steep slopes.
9.7. Replanting and vegetation screening requirements.
10.8.
Documentation that all required local, state, and federal regulations/permits have been obtained
to the start of site work.

Effective on: 11/11/2022

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15.385 Solar Energy Systems (SES)
Purpose: This section provides the standards and Procedures for solar energy systems. This section ensures that any
proposed solar energy system or solar collector complies with applicable provisions of Wis. Stat. §§ 66.0401-66.0403, Wis.
Stat. §§ 196.491 and this section.
1.

Applicability. This section applies to solar collectors and solar energy systems.

Types.

Small SES. Equipment which directly converts and then transfers or stores solar energy into usable forms of
thermal or electric energy, which is incidental and subordinate to a permitted use on the same parcel or on a
contiguous parcel of common ownership and is intended to supply thermal energy or electric power solely for
on-site use, except that when a parcel on which the system is installed also receives electrical power supplied
by a utility company, excess electrical power generated and not presently needed for on-site use may be used
by the utility company.

Large SES. Equipment which directly converts and then transfers or stores solar energy into usable forms of
thermal or electrical energy which is intended for off-site consumption.

Standards.
a.

Setbacks. Any portion of the SES shall not encroach within five (5) feet of any property line and within 25 feet
of any road right-of-way.

Height restrictions. A SES shall not exceed 35 feet in height. A building mounted SES may extend six feet
above the allowable height limit.

Glare. The SES shall be positioned so glare does not create any unsafe conditions.

Installer. All SES shall be installed by a North American Board of Certified Practitioners (NABCEP) certified
solar installer or other person qualified to perform such work.

Code Compliance. A SES shall comply with all applicable State of Wisconsin electrical codes and the National
Electric Code. A SES that will connect to a commercial structure or a multi-unit dwelling shall comply with the
State of Wisconsin Commercial Building Code, when necessary. Other applicable SES shall comply with the
Uniform Dwelling Code.

Structural integrity. The structure upon which the proposed SES is to be mounted shall have the structural
integrity to carry the weight and wind loads of the SES.

Notification. Upon issuance of a conditional use permit, all large SES shall notify the Public Service Commission
of Wisconsin.

Emergency Services. A large SES shall provide training to local fire departments and emergency responders
upon their request.

g.i. Battery Storage Facilities. Shall be designed to minimize and contain any fire risks.
4. Permits.
a.

Small SES shall be permitted by right in all zoning districts provided standards in 15.385.3 are met.

Large SES under 100 Megawatts shall require a conditional use permit, prior to construction, and may be
permitted in all zoning districts and subject to the regulations and requirements in this section.

Large SES 100 Megawatts or greater are reviewed by the Public Service Commission of Wisconsin (PSC) and
must receive a certificate of public necessity from the PSC under Wis. Stat. §§ 196.491. If the PSC grants the
project a certificate of public necessity, that approval preempts local ordinances.

c.d. All battery storage facilities, regardless of whether they are part of a solar array, shall require a conditional use
permit.
5.

Limits on restrictions. The Board of Adjustment shall review a conditional use permit for a Large SES under 100
Megawatts and apply the criteria set forth in subsection a through c below in lieu of criteria set out in 15.550. No
restriction shall be placed, either directly or in effect, on the installation or use of a Large SES, unless the restriction
satisfies one of the following conditions:
a.

Serves to preserve or protect the public health or safety.
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Does not significantly increase the cost of the system or decrease its efficiency.

Allows for an alternative system of comparable cost and efficiency.

Application. The following information shall be provided on all SES applications:
a.

Name and contact information of the applicant, owner and installer.

The legal description, and address of the site.

A description of the scope of work.

Solar system specifications, including the manufacturer and model, generating capacity, total height, collector
square footage, wiring plan and means of interconnecting with the electrical grid.

Site layout, including the location of property lines, structures, SES and the total extent of system movements
and interconnection points with the electrical grid.

Installer's qualifications and signature certifying the SES will be installed in compliance with this section and all
other applicable codes.

Submittal requirements outlined in Table 15.590.1 regarding a Conditional USe Permit for a SES.

Additional Application requirements for a Large SES:
a.

Percentage of land coverage by the SES.

Structures on adjacent properties and distance from boundary of SES project.

A decommissioning and site restoration plan providing reasonable financial assurance for removal of the Large
SES will be removed at the end of its useful life. The amount of financial assurance shall be the average of
two professional estimates for the removal and disposal of the panels and other equipment.

Recommended Application Submittal Items for a Large SES:
a.

Copies of Property Leases.

Preliminary Engineering Design.

Vegetation Plan.

Market Impact Analysis.

Glare Analysis Study.

Visual Analysis Study.

Pre-Construction Sound Report.

Wetland and Waterway Report/Navigability Determinations.

Cultural Resources Report.

Certified Endangered Resources Review.

Electric and Magnetic Field (EMF) Study.

Effective on: 11/11/2022

15.390 Temporary Structures and Uses Travel Trailers
1.

Temporary Residential Uses Travel Trailer Use.
a.

Applicability. This section applies to the occupancy of a camping unitvehicle for residential purposes, as
provided below. This subsection supersedes any contrary provisions of this Chapter.

Standards
1.

Generally. All camping units must meet structure setbacks for the property in which they are located.
All camping units shall be maintained in an orderly fashion and cannot be located in a major subdivision.

Vacant Land No person shall place, occupy or use aone camping unit on a vacant lot/parcel of land for
more than 14 nights/days out of a 60-day period.
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Lots/parcels with a principal structure. No person shall occupy or use one camping unit on a lot/parcel
with a principal structure for more than 14 nights/days out of a 60-day period.

Seasonal Travel Trailers. A seasonal travel trailer land use permit can be obtained to allow for
placement of one camping unit on a vacant lot/parcel from May 15th to September 15th if the property has
a state sanitary system, and obtains a yearly sanitary reconnection permit.

1.5. Non-Camping Unit. No trailer, van, mobile home, recreational vehicle, tent, bus, truck, automobile or
similar apparatus not originally intended for human occupation shall be placed on any parcel for residential
purposes, temporary or permanently., on any parcel not having a legal and occupied principal structure
other than in areas specifically zoned and approved for that occupancy.
2.6. Temporary Placement

The owner of a parcel who holds a valid building permit and sanitary permit for construction of a
principal structure may apply for and obtain approval by a Land Use Permit, for temporary placement
and occupancy of a camping unittravel trailer or manufactured home during construction of the
principal structure as long as the camping unit is connected to on condition of connecting the unit to
the use of a legal sanitary system.

The Zoning Office shall send a copy of the Land Use Permit to the town wherein the lot is located.

All residential occupancy of the travel trailer or manufactured home shall cease when the principal
home is capable of occupancy. Additionally, when the residence becomes occupied, the manufactured
home shall be removed from the property.

Temporary occupancy permits shall not exceed only be valid for 1 year. Active construction must be
taking place in order to obtain renewal of a temporary occupancy permit., unless an extension is
granted by the St. Croix County zoning office.

Temporary Signs. Refer to § 15.380.

Effective on: 11/11/2022

15.395 Wind Energy Systems
Purpose: The purpose of this Chapter is to adopt and incorporate the requirements of Wis. Stat. § 66.0401 and Wis. Admin.

Code Ch. PSC 128 as a local ordinance to establish local regulations on the installation, siting, use and decommissioning of
wind energy systems that are authorized by, compliant with, and are no more restrictive than the rules promulgated by the
Wisconsin Public Service Commission and that serve to preserve and protect the public health, safety, and welfare. For the
purposes of this chapter, Large Wind Energy Systems are systems that have a total installed nameplate capacity of 300
kilowatts or greater and consists of individual wind turbines that have an installed nameplate capacity of more than 100
kilowatts. Systems with a total installed nameplate capacity of greater than 100 Megawatts may not be regulated by this
ordinance. The Public Service Commission of Wisconsin (PSC) has siting authority for systems over 100 Megawatts. Small
Wind Energy Systems are systems that have a total installed nameplate capacity of 300 kilowatts or less and that consists
of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts.
1. Application Exemptions and Fees.
a. For Small Wind Energy Systems:
1.

The exemptions listed under Wis. Admin. Code PSC § 128.60 and modifications under PSC § 128.61 shall
apply to an application that is submitted for a Small Wind Energy System.

b. For All Wind Energy Systems:
1.

Costs of review and processing: For all Wind Energy Systems the owner shall reimburse the department
for the reasonable costs associated with permit review and processing, subject to the reimbursement
requirements of PSC § 128.32(5). In the event the county establishes a fee consistent with Wis. Stat. §
59.69 and PSC § 128.32(5), said fee will be charged in lieu of reimbursement.
2.

The established fee or reimbursement requirements consistent with PSC § 128.32(5) shall include
the requirement that the applicant shall pay all reasonable costs incurred by the county in connection
with the review and processing of the application, including the cost for services provided by outside
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attorneys, engineers, environmental specialists, planners, and other consultants and experts that
are actual and necessary costs of review. Source: Wis. Admin. Code PSC § 128.32(5).
a.

The department is authorized to contract with one or more engineers, environmental specialists,
planners, and other consultants and experts to perform necessary services in connection with this
ordinance.

The corporation counsel is authorized to contract with outside legal counsel to perform services in
connection with this ordinance.

3.1. The Department shall make the applicant aware of any such reasonable and necessary costs prior to
incurring such costs and, if the applicant decides not to pay the reasonable and necessary costs, the
application shall be denied.
4.2. The Department may require the owner of a Wind Energy System to submit up to 50% of the total
estimated amount of the fee or reimbursement for the wind energy system application under PSC
§128.32(5) before issuing a written decision consistent with PSC §128.32(3), if the county gives written
notice to the owner of its intent to do so within 10 days of the date the application is deemed complete
and the notice contains an estimate of the amount of the fee and the relevant reimbursement
requirements.
5.3. The Department shall invoice the applicant for the reasonable costs incurred pursuant to this chapter.
The applicant will be provided 30 days from the date of the invoice to reimburse the county.
2. Permit, Application, and Filing Requirements.
a.

For Small Wind Energy Systems - An owner shall file a land use permit application with the department that, at
a minimum, includes the following information:
1.

Wind Energy System description and maps showing the locations of all proposed wind energy facilities.
(This may include the description and maps for alternative wind energy facility locations.)

Technical description of wind turbines and wind turbine sites.

Timeline and process for constructing the Wind Energy System.

Information regarding anticipated impact of the Wind Energy System on local infrastructure.

Information regarding noise anticipated to be attributable to the Wind Energy System.

Information regarding shadow flicker anticipated to be attributable to the Wind Energy System, consistent
with PSC §128.15, with the exception of PSC §§128.15(1)(c), 3(b)-(e) and (5) which do not apply to Small
Wind Energy Systems.

Information regarding the anticipated effects of the Wind Energy System on existing land uses within 0.5
miles of the Wind Energy System.

Information regarding the anticipated effects of the Wind Energy System on airports and airspace.

Information regarding the anticipated effects of the Wind Energy System on line-of-sight communications,
consistent with PSC § 128.16, with the exception of PSC §§ 128.16(2)-(4) which do not apply to Small Wind
Energy Systems.

10. A list of all state and federal permits required to construct and operate the Wind Energy System.
11. Information regarding the planned use and modification of roads during the construction, operation, and
decommissioning of the Wind Energy System, including a process for assessing road damage caused by
Wind Energy System activities and for conducting road repairs at the owner's expense.
12. A representative copy of all notices issued consistent with PSC §§ 128.105(1) and 128.30(5), except as
provided by PSC § 128.61.
b.

For Large Wind Energy Systems - An owner shall file a conditional use permit application with the department
that, at a minimum, includes the following information:
1. All information required under §§ 15.395.2.a.1-6 and 8-12 of this chapter.

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Information regarding the anticipated effects of the Wind Energy System on existing land uses within 0.5
miles of the Wind Energy System (For example, information may include the anticipated effects to
applicable environmental conditions and/or development limitations within 0.5 miles).

A representative copy of all notices issued under PSC §§ 128.105(1), 128.30(5), and 128.42(1), which
are:
a.

Pre-application notice - At least 90 days before an owner files an application to construct
a Wind Energy System, an owner shall use commercially reasonable methods to provide
written notice of the planned wind energy system to all of the following:
1.

Landowners within one mile of the planned wind turbine host properties.

Political subdivisions within which the Wind energy System may be located.

Emergency first responders and air ambulance service providers serving the
political subdivisions within which the Wind Energy System may be located.

The Wisconsin Department of Transportation.

The Wisconsin Public Service Commission.

The Wisconsin Department of Natural Resources.

The Wisconsin Department of Agriculture, Trade and Consumer Protection.

The Office of the Deputy Secretary of the U.S. Department of Defense.

Notice of process for making complaints - Before construction of a Wind Energy System
begins, an owner shall provide written notice of the process for making complaints and
obtaining mitigation measures to all residents and landowners within 0.5 miles of any
wind energy system facility. An owner shall include in the notice the requirements under
PSC § 128.40(1) for submitting a complaint to the owner, a petition for review to the
political subdivision, and an appeal to the commission, and shall include a contact person
and telephone number for the owner for receipt of complaints or concerns during
construction, operation, maintenance and decommissioning.

A copy of all emergency plans developed in collaboration with appropriate first
responders under PSC § 128.18(4)(b). An owner may file plans using confidential filing
procedures as necessary.

A decommissioning and site restoration plan providing reasonable financial assurance
that the owner will be able to comply with PSC § 128.19.

c. For all applications - Evidence shall be included for all applications to show that, on the same day an owner filed
an application under this ordinance, the owner used commercially reasonable methods to provide written notice of
the filing of the application to property owners and residents located within one mile of the proposed location of any
Wind Energy System facility. The notice shall include all of the following:
1.

A complete description of the Wind Energy System, including the number and size of the wind turbines.

A map showing the location of all proposed Wind Energy System facilities.

The proposed timeline for construction and operation of the Wind Energy System.

Locations where the application is available for public review.

Owner contact information (including the contact person(s), primary phone number, and email).

3. Local Regulations.
a.

Airports and Heliports. The owner shall comply with any restrictions established for public use airports or
heliports under Wis. Stat. §§ 114.135 or 114.136. If no such restrictions are effective, wind turbine height and
setback distances shall comply with the Federal Aviation Administration obstruction standards in 14 CFR Part
77.

Farmland Preservation Zoning Districts. No conditional use permit or land use permit application for a
wind energy system shall be approved by the St. Croix County Board of Adjustment or Zoning AdministratorLand

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Use Administrator within the Farmland Preservation Zoning Districts (AG1 and AG2), unless such application
meets the applicable standards and conditions identified in Wis. Stat. §§ 91.46(4) (a-e) as shown below.
1.

The use and its location in the farmland preservation zoning districts are consistent with the purposes
of the farmland preservation zoning districts.

The use and its location in the farmland preservation zoning districts are reasonable and appropriate
considering alternative locations or are specifically approved under State or Federal Law.

The use is reasonably designed to minimize conversion of land at or around the site of the use, from
agricultural use or open space use.

The use does not substantially impair or limit the current or future agricultural use of surrounding
parcels of land that are zoned for, or legally restricted to, agricultural use.

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent
feasible.

c. Abandonment and Decommissioning. Section 15.395, 3 ,c, 1-3 below apply to both Large and Small
Wind
Energy Systems, whereas §§15.395, 3, c, 4 applies solely to Large Wind Energy Systems.
1.

A wind energy system that is at the end of its useful life and/or does not generate electricity for
a continuous period of 360 days will be deemed abandoned and the department may send a
Notice of Abandonment to the owner. Exemptions under PSC § 128.60 and modifications under
PSC § 128.61 apply to all Small Wind Energy Systems.

If, within 30 days of receipt of a Notice of Abandonment, the owner provides the department
with information showing to the department's satisfaction that the wind energy system has not
been abandoned, the department will withdraw the Notice.

Unless the department withdraws the Notice of Abandonment, a wind energy system tower must
be decommissioned as prescribed by PSC § 128.19. If the owner fails to remove a wind energy
system and reclaim the site, the county may remove or cause the removal of the wind energy
system and arrange for the reclamation of the site.

For Large Wind Energy Systems.
a.

An owner with a nameplate capacity of one megawatt or larger shall provide the county
with and maintain proof of financial assurance of the owner's ability to pay the actual
and necessary cost to decommission the wind energy system before commencing major
civil construction activities such as blasting or foundation construction at the wind
energy system site. An owner may comply with this paragraph by choosing to provide
a bond, deposit, escrow account, irrevocable letter of credit, or some combination of
these financial assurances, that will ensure the availability of funds necessary for
decommissioning throughout the expected life of the wind energy system and through
to completion of the decommissioning activities, consistent with PSC § 128.19(3).

An owner shall provide the county with three (3) estimates of the actual and necessary
cost to decommission the wind energy system. The cost estimates shall be prepared by
third parties agreeable to the owner and the county. The amount of financial assurance
required by the county shall not exceed the average of the three estimates.

An owner shall establish financial assurance that is acceptable to the county and that
places the county in a secured position, subject to § 15.395.3.c.4.b. The financial
assurance must provide that the secured funds may only be used for decommissioning
the wind energy system until such time as the county determines that the wind energy
system has been decommissioned, as provided for in PSC § 128.19(5), or the county
otherwise approves the release of funds, whichever occurs first.

An owner shall establish financial assurance that allows the county to access funds for
the purpose of decommissioning the wind energy system if the owner does not
decommission the wind energy system when decommissioning is require Source PSC §
128.19(3)(c)(4).

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The county may periodically request information from the owner regarding industry
costs for decommissioning the wind energy system. If the county finds that the future
anticipated cost to decommission the wind energy system is at least 10 percent more
or less than the amount of financial assurance provided under this section, the county
may correspondingly increase or decrease the amount of financial assurance required
but shall not adjust the financial assurance required under this paragraph more often
than once in a five-year period.

The county may require an owner to submit a substitute financial assurance of the
owner's choosing if an event occurs that raises material concern regarding the viability
of the existing financial assurance.

Except as provided in § 15.395.3.c.4.h., if a wind energy system was constructed on
land owned by a person or persons other than the owner of the wind energy system,
the owner of the wind energy system shall ensure that the property is restored to preconstruction condition, unless otherwise provided in a contract signed by an affected
landowner, considering any modifications needed to comply with DNR requirements.

If a wind energy system was constructed on a brownfield, as defined in Wis. Stat. §
238.13(1)(a), the owner shall restore the property to eliminate effects caused by the
wind energy system, except for the effects of environmental remediation activities, as
defined in Wis. Stat. § 238.13(1)(d).

Lighting Criteria. A wind energy system may be artificially lighted only if lighting is required by the Federal
Aviation Administration. An owner shall use shielding or control systems approved by the Federal Aviation
Administration to reduce visibility of light when viewed from the ground.

Noise Criteria. For both Large and Small Wind Energy Systems.

The noise generated by the operation of a wind energy system may not exceed 50 db(A) during the daytime
hours and 45 db(A) during the nighttime hours as measured at the outside wall of a non-participating
residence or occupied community building that existed when the owner gave notice pursuant to PSC §
128.105(1) or for which complete publicly available plans for construction were on file with a political
subdivision within 30 days of the date when the owner gave notice pursuant to PSC § 128.05(1). Nighttime
hours are the hours beginning at 10:00 p.m. and ending at 6:00 a.m. daily and daytime hours are the
hours beginning at 6:00 a.m. and ending at 10:00 p.m. daily.

The owner of an adjacent nonparticipating residence or adjacent occupied community building may relieve
the owner of the wind energy system of the requirement to meet any of the noise limits in this section by
written contract as provided in PSC §§ 128.14(5) and (6).

The owner shall provide the notice as prescribed by PSC § 128.61(4).

If an owner receives a complaint of a violation of the noise standards contained in PSC § 128.14 and the
owner has not provided the department with the results of an accurate test conducted within two (2) years
of the date of the complaint showing that the wind energy system is in compliance with the noise standard
at the location relating to the complaint, the owner shall promptly conduct a noise study to evaluate
compliance with the noise standards at that location using the most current version of the noise
measurement protocol as described in PSC § 128.50(2).

Ownership Changes.
1.

For Small Wind Energy Systems. The owner shall provide the county with notice of any change
in ownership of the wind energy system on or within 30 days of the effective date of the change.

For Large Wind Energy Systems. The owner shall provide the county with notice of any change
in ownership of the wind energy system on or within 30 days of the effective date of the change.
Notwithstanding the timing of notice of change in ownership of the wind energy system set forth
above, the notice shall include information showing that the financial responsibility specified in §
15.395.3.c of this Chapter was assumed by the new owner, upon effective date of the change.

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Setbacks and Siting Criteria. An owner shall work with a political subdivision and owners of participating
and nonparticipating properties to site wind turbines to minimize individual hardships. Source: PSC §
128.13(1)(c).
1.

For Small Wind Energy Systems: Shall comply with the minimum setback distances shown in Table 2 to
PSC § 128.13 included in PSC § 128.61, which are:
Description

Occupied Community Buildings
Participating Residences
Nonparticipating Residences
Participating Property Lines
Nonparticipating Property Lines
Public Road Right-of-Way
Overhead Communication and Electric Transmission or Distribution lines - not including
utility service lines to individual houses or outbuildings
Overhead Utility Service Lines - Lines to individual houses or outbuildings

Setback Distance *
1.0 times the maximum blade tip height
None
1.0 times the maximum blade tip height
None
1.0 times the maximum blade tip height
None
1.0 times the maximum blade tip height
None

* Wind turbine setback distances shall be determined as a straight line from the vertical centerline of the wind turbine
tower to the nearest point on the permanent foundation of a building or residence or to the nearest point on the property
line or feature, as applicable.
a.

The owner of an adjacent nonparticipating residence or adjacent occupied community building
may waive the applicable turbine setback distances as described in PSC § 128.61(3)(b).

For Large Wind Energy Systems: Shall comply with the minimum setback distances shown in Table 1 of PSC
§ 128.13, which are:
Description

Setback Distance *
The lesser of 1,250 feet or 3.1 times the maximum blade tip
height
1.1 times the maximum blade tip height
The lesser of 1,250 feet or 3.1 times the maximum blade tip
height
None
1.1 times the maximum blade tip height
1.1 times the maximum blade tip height
1.1 times the maximum blade tip height
None

The owner of a nonparticipating residence or occupied community building may waive the
applicable wind turbine setback distances of this chapter for those structures to a minimum setback
distance of 1.1 times the maximum blade tip height. The owner of a nonparticipating property
may waive the applicable wind turbine setback distance in this chapter from a nonparticipating
property line.

h. Notice of Federal or State Agency Consultation.
1.

For Large Wind Energy Systems: In the event the owner has consulted with and received any nonbinding
recommendations for constructing, operating, or decommissioning of the wind energy system from any
state or federal agency, the owner shall provide the county with information about the consultation and
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whether the owner has incorporated such non-binding recommendations into the design of the wind
energy system, within 30 days of receiving such recommendations. Source PSC § 128.33(1).
4. Local Procedure.
a.

All applications regulated by this chapter may be subject to additional conditions and restrictions
consistent with but no more restrictive than those in Wis. Stat. § 66.0401(1m) and authorized by, and consistent
with, Wis. Admin. Code Ch. PSC 128. Where such conditions are considered and applied on a case-by-case
basis: as well as satisfying one of the following:
1.

Serves to preserve or protect the public health or safety.

Does not significantly increase the cost of the system or significantly decrease its efficiency.

Allows for an alternative system of comparable cost and efficiency.

Small Wind Energy Systems shall be processed as a land use permit.
1.

Large Wind Energy Systems shall be processed as a conditional use permit.
1.

This section does not apply to Small Wind Energy Systems subject to standards and conditions within the
farmland preservation zoning districts. See §15.395.3.b.
In addition to conditions established pursuant to §15.395.4.a. the Zoning AdministratorLand Use
Administrator or Board of Adjustment may require the owner of a Wind Energy System to offer monetary
compensation to the owner of a nonparticipating residence consistent with PSC § 128.33(3) and may be
subject to the monetary compensation requirements of PSC § 128.33(3m).

Application Processing.
1.

Within 45 days of receiving the application, the department shall notify the applicant whether the
application is complete and, if it's not, what the applicant must do in order to make it complete.
a.

The applicant shall provide the additional information specified in the notice to the department within
60 days of the date of the notice.

The owner may file a new application at a later date; there is no limit to the number of times that an
owner may file an application.

An application shall be deemed complete if it complies with the filing requirements specified in
§15.395.2 of this ordinance and of PSC §§ 128.30(2) and 128.50(1).

As soon as reasonably possible after receiving a complete application, the department shall publish a class
1 notice, under Wis. Stat. Ch. 985, stating that an application for approval has been filed with the county.
a.

For Large Wind Energy Systems. The application will be forwarded to the Board of Adjustment for
issuance of a conditional use permit under § 15.550 of this ordinance and reviewed under the criteria
of this Sec. §15.395. Notwithstanding the provisions of § 15.550, the application shall be determined
to be complete if it meets the requirements under PSC §§ 128.30(2) and 128.50(1).

For Small Wind Energy Systems. The department shall make the application available for public review
consistent with PSC §128.30(6)(a) and shall accept written comments on the application for a minimum
period of 10 days following the date of the published notice. The county may hold one public meeting
to obtain comments and inform the public about the proposed wind energy system.

The county shall make a record of its decision making on an application, including a recording of any public
hearing, copies of documents submitted at any public hearing, and copies of any other documents provided
to the county in connection with the application for approval.

The county shall base its decision on an application on written findings of fact that are supported by the
evidence in the record.
a.

For Large Wind Energy Systems. For Wind Energy Systems with a nominal capacity of at least one
megawatt, the county may deny an application for approval if the proposed site of the wind energy
system is in an area primarily designated for future residential or commercial development, as shown
in a map that is adopted, as part of a comprehensive plan, under Wis. Stat. §§ 66.1001 (2)(b) and (f),
before June 2, 2009, or as shown in such maps after December 31, 2015, as part of a comprehensive
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plan that is updated as required under Wis. Stat. § 66.1001 (2)(i). This provision applies to Wind
Energy Systems that have a nominal capacity of at least one megawatt. Wis. Stat. § 66.0401 (4)(f)(2).
5.

The county shall approve or disapprove an application for approval no later than 90 days after the day on
which it notifies the applicant that the application for approval is complete. The county may extend this
time period in writing provided the extension is done during the initial 90-day period, except the total
amount of time for all extensions granted may not exceed 90 days. Any combination of the following
extensions may be granted:
a.

An extension of up to 45 days if the county needs additional information to determine whether to
approve or deny the application.

An extension of up to 90 days if the applicant makes a material modification to the application.

An extension of up to 90 days for other good cause specified in writing by the county.

If the county fails to act within the initial 90 days, or within any extended time period, the application
is considered approved.

The decision made by the county to deny an application shall be made in writing to the applicant and must
include the reasons for denial.

The county shall provide a written decision to the applicant and the Public Service Commission. Said
decision shall contain findings of fact supported by evidence in the record.

5. Modification to an Approved System.
a.

An owner may not make a material change in the approved design, location or construction of a wind energy
system without the prior written approval of the Zoning AdministratorLand Use Administrator and/or Board of
Adjustment. An owner shall submit an application for a material change for an approved wind energy system to
the county. The county may not reopen the merits of the earlier approval but shall consider only those issues
relevant to the proposed change.

An application for material change is subject to PSC § 128.35.

At its discretion, the county may hold at least one public meeting to obtain comments on and to inform the
public about a proposed material change to an approved wind energy system.

6. Post Construction Filing Requirements (applicable only to Large Wind Energy Systems).
a.

Within 90 days of the date a wind energy system commences operation, the owner shall file with the department
and the Wisconsin Public Service Commission an as-built description of the wind energy system, an accurate
map of the wind energy system showing the location of all wind energy system facilities, geographic information
system information showing the location of all wind energy system facilities, and current information identifying
the owner of the wind energy system.

An owner shall label each wind turbine location described in its filing and shown on the map of the wind energy
system with a unique identifier consistent with the information posted at the wind turbine location under PSC §
128.18(1).

7. Compliance Monitoring (applicable only to Large Wind Energy Systems and subject to PSC § 128.36).
a.

The department may contract with a third-party inspector to monitor and report to the department regarding
the owner's compliance with permit requirements during construction. The inspector monitoring compliance
under this section shall also report to a state permitting authority upon the state permitting authority's request.
The inspector shall make monthly written reports to the department. The owner shall reimburse the county for
the reasonable cost of the inspector.

At any time following completion of construction, the department may contract with consultants or experts it
deems necessary to monitor compliance by the owner with conditions of the permit and to assess when wind
energy system facilities are not maintained in good repair and operation.
1.

At a minimum, the owner shall provide the department an annual report regarding maintenance checks
and any maintenance performed on each turbine within the approved wind energy system.

The public shall have access to any reports or assessments produced pursuant to this section.

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The owner of the wind energy system shall reimburse the county for reasonable costs associated with
monitoring and/or assessment.

8. Decommissioning Review.
a.

An owner shall file notice of decommissioning completion with the county and any political subdivision within
which its wind energy system facilities are located when a wind energy system approved by the county has
been decommissioned and removed.

The department shall conduct a decommissioning review to determine whether the owner has decommissioned
and removed the wind energy system as required by PSC § 128.19(1)(a) and, for Large Wind Energy Systems,
whether the owner has complied with its site restoration obligations under PSC § 128.19(4) when applicable.

The owner shall cooperate with the county by participating in the decommissioning review process and, for
Large Wind Energy Systems, ensure the obligations under PSC § 128.19(3) are met.

9. Appeals.
a.

A decision of the department to determine that an application is incomplete under §15.395.4, or to approve or
disapprove a wind energy system under §§15.395.2 or 15.395.3, or an action of the county to enforce a
restriction on a wind energy system, may be appealed only as provided in this section.

Any aggrieved person seeking to appeal a decision or enforcement action specified under §§15.395.2, or
15.395.3 may begin the administrative appeal process as set forth in §15.560.
1.

If the person is still aggrieved after the administrative review is completed, the person may file an appeal
with the Wisconsin Public Service Commission (WPSC). No appeal to the WPSC under this section may be
filed later than 30 days after the county has completed its administrative review process. For purposes of
this section, if the county fails to complete its administrative review process within 90 days after an
aggrieved person begins the review process, the county is considered to have completed the process on
the 90th day after the person began the process.

Rather than beginning an administrative review under §15.395.9, an aggrieved person seeking to appeal a
decision or enforcement action of the county specified in §15.395.4, may file an appeal directly with the
WPSC. No appeal to the WPSC under this section may be filed later than 30 days after the decision or
initiation of the enforcement action.

An applicant whose application for approval is denied under § 15.395.9 may appeal the denial to the WPSC.
The WPSC may grant the appeal notwithstanding the inconsistency of the application for approval with the
political subdivision's planned residential or commercial development if the WPSC determines that granting
the appeal is consistent with the public interest.

10. Complaints.
a.

Complaint process for wind energy systems. The owner of a Small Wind Energy System is exempt from the
provisions of §15.395.10.4-6 and 8.
1.

An aggrieved person who has made a complaint to the owner in accordance with PSC § 128.40 may petition
the county for review of the complaint if it has not been resolved within 45 days of the day the owner
received the original complaint.

The petition for review must be filed with the department within 90 days of the date of the original complaint
and shall contain the following:
a.

Name, address, and telephone number of the person filing the petition.

Copy of the original complaint to the owner.

Copy of the owner's original response.

Statement describing the unresolved complaint.

Statement describing the desired remedy.

Any other information the complainant deems relevant to the complaint.

Notarized signature of the person filing the petition.

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The department shall forward a copy of the petition to the owner by certified mail within 10 days of the
department receiving the petition.

The owner shall file a written answer to the petition with the department and provide a copy of its answer
to the complainant with 30 days of its receipt of the petition. The answer must include the following:
a.

Name, address, and telephone number of the person filing the answer.

Statement describing the actions taken by the owner in response to the complaint.

Statement of the reasons why the owner believes the complaint has been resolved or why the
complaint remains unresolved.

Statement describing any additional action the owner plans or is willing to take to resolve the
complaint.

Any other information the owner deems relevant to the complaint.

Notarized signature of the person filing the answer.

The complainant and the owner may, within 30 days following the owner's filing of its answer, file such
additional information with the department as each deems appropriate.

The department may request such additional information. from the complainant and the owner as it deems
necessary to complete its review.

The department may retain such consultants or experts as it deems necessary to complete its review.

The department shall issue a written decision and may take such enforcement action as it deems
appropriate with respect to the complaint.

The decision of the department and enforcement action is subject to review under Wis. Stat. § 66.0401(5).

Additional process for Large Wind Energy Systems.
1.

An owner shall comply with the notice requirements contained in PSC § 128.42(1).

An owner shall, before construction of a Large Wind Energy System begins, provide the department with a
copy of the notice issued pursuant to PSC § 128.42(1), along with a list showing the name and address of
each person to whom the notice was sent and a list showing the name and address of each political
subdivision to which the notice was sent.

An owner shall, before construction of a Large Wind Energy System begins, file with the department the
name and telephone number of the owner's contact person for receipt of complaints or concerns during
construction, operation, maintenance, and decommissioning. the owner shall keep the name and telephone
number of the contact person on file with the department current.

Effective on: 11/11/2022

15.396 To 15.399 Reserved.
Effective on: 12/1/2019

DEVELOPMENT STANDARDS
Contents:
15.400 General Provisions
15.405 Access Management & Driveways
15.410 Building Height
15.415 Grading and Land Disturbance
15.420 Screening, Landscaping & Tree Preservation
15.425 Lot Development

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15.430 Parking and Loading
15.431 To 15.499 Reserved.

15.400 General Provisions
Purpose: Tthis Subchapter establishes development standards that apply to land uses and zoning permit applications that
are subject to this Chapter. These standards:

•
•
•

implement the Comprehensive Plan;

•

provide uniform methods for the application of the dimensional, site design, civic space, landscaping, and
infrastructure standards established in this Chapter.

Applicability. This Article applies to:

implement the purposes established for the zoning regulations;
ensure that new development, structures, and land uses mitigate their impacts on affected neighborhoods, the natural
environment, and affected infrastructure where indicated in the applicable standard; and

all zoning districts, and

unless otherwise provided, any application for a rezoning, conditional use permit, or land use permit.,
zoning permit or certificate of occupancy.

Modification.
a.

The Zoning AdministratorLand Use Administrator may modify any other provision of this Article where
specifically authorized.

A modification is permitted only if it:
1.

Is consistent with the Comprehensive Plan, and

Is consistent with the public interest, and

Will not place an unnecessary burden on the County or surrounding properties.

Review Criteria. The Department shall review all land uses as outlined in the "Use Table" (15.285.2) to ensure
compliance with applicable zoning regulations. A site plan shall be submitted to the Department for review.
Depending on the scope and complexity of the project, the Zoning AdministratorLand Use Administrator may require
a Land Use Permit application to be submitted. The site plan shall identify and comply with the following:
a.

The suitability of the location of buildings and structures to the physical character of the site and adjacent land
uses including, but not limited to, site coverage, paved areas landscaped areas, building areas, building height,
building setbacks and open spaces.

The existing natural topographic and landscape features of a site shall be incorporated into the site plan. Such
plan shall include all prudent and necessary steps required to protect environmentally sensitive areas of the site
and surrounding area during and after construction.

The layout of the site relative to public street access, arrangement and improvement of interior roadways,
overall circulation, parking and loading.

Driveways to the site shall be located in a manner to minimize traffic congestion and difficult turning movements.

The adequacy of the proposed water supply and sanitary disposal in accordance with Chapter 12 (Sanitary) of
the St. Croix County Code of Ordinances.

The adequacy of the drainage pattern and storm sewers to accommodate stormwater run-off both on-site and
on nearby properties based on plans submitted to ensure compliance with NR 151, Subchapter III - NonAgricultural Performance Standards.

The adequacy of erosion control plans to prevent construction erosion from leaving the site in compliance with
the Wisconsin DNR Stormwater Construction and Post-Construction Technical Standards.

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Effective on: 11/11/2022

15.405 Access Management & Driveways
Purpose. This section promotes the public safety, welfare and convenience by easing congestion on the public roads, by
controlling access to public roads, and by establishing setbacks from roads and road rights-of-way.
1.

Applicability
a.

This section applies to all land abutting all freeways and expressways, principal arterials, minor arterials, major
collectors, minor collectors, subcollectors and access roads.

Access points shall not exceed the number allowed in this section along any class of road.

Structures and signs that are permitted adjacent to state and federal highways may also require permits from
Wisconsin Department of Transportation (WisDOT).

This section does not apply to the portion of a road located on a city, village or other county boundary.

The Zoning AdministratorLand Use Administrator will require approval from WisDOT for setbacks, road
connection and driveway access to state and federal highways, and development on land that adjoins state and
federal highways. WisDOT may require additional standards not identified in this ordinance.

The Zoning AdministratorLand Use Administrator will require approval from the St. Croix County Highway
Department for setbacks, road connection and driveway access to county highways, and development on land
that is adjoining county highways. The County Highway Commissioner may require additional standards not
identified in this ordinance.

The minimum standards in this section apply to all roads, unless the town with jurisdiction establishes its own
standards for town roads.

Measurements. All distances in this section are measured horizontally, unless otherwise indicated.

Road Classification System. This section classifies roads for purposes of applying the standards in this section.
a.

Determination of Road Classification
1.

Roads are classified based on many factors, including speed and volume of traffic. Road classifications fall
into a 4-category hierarchy. The classifications, in descending order, are arterial, collector, subcollector and
access roads (see subsection b and Figure 15.405.1, below).

The functional/jurisdictional classification of existing roads are located on the St. Croix County Official
Functional Classification Road Map available from the Community Development Department, Highway
Department, or WisDOT.

The Wisconsin Department of Transportation (WisDOT) and the St. Croix County Highway Department
determine arterial and major and minor collector road status on their respective systems. Their current
functional classification applies to this section.

The Department, in conjunction with the appropriate municipal jurisdiction, determines subcollector and
access roads.

Residential roads may fall into any of these classifications except arterials.

Description of Functional Classifications. The functional descriptions of each of these classifications follow:
1.

Arterials. Arterials provide for rapid speed and movement of high volumes of traffic between areas. An
arterial road should have no private accesses. Its function is to conduct traffic between communities and
activity centers and to connect communities to major state and interstate highways. There are two types
of arterials, principal arterials and minor arterials (see below).
a.

Principal arterials. Principal arterials are those highway corridors that have trip length and travel
density characteristics of an interstate or interregional nature. Principal arterials, in general, serve all
urban areas greater than 5,000 population and may include: interstate highways, freeways,
expressways, four-lane divided highways and two-lane highways.

Minor arterials. Minor arterials are those highways, which in combination with principal arterials,
serve cities, communities and other major traffic generators providing intra-regional and inter-area
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travels. Minor arterials may include four-lane divided highways, two-lane highways and county trunk
highways.
2.

Collectors. Collectors provide for moderate speed and movement of medium volumes of traffic and
distribute traffic from arterial roads. There are two types of collector roads, major collectors and minor
collectors (see below). As the principal road within residential or commercial areas, collectors carry
relatively high traffic volumes and convey traffic from arterial roads to lower-order roads. Because a
collector’s function is to promote the free flow of traffic, the roads should not have parking or private
residential access. A collector’s secondary function is to serve abutting land uses.
a.

Major collectors. Major collectors provide service to moderate sized communities and other intraarea traffic generators and link those generators to larger population centers and higher function
highways.

Minor collectors. Minor collectors provide service to remaining smaller communities and tie local
traffic generators with the rural surrounding area. Minor collectors are spaced consistent with
population density to collect traffic and bring all developed areas within a reasonable distance of a
higher-order road.

Subcollectors. Subcollectors connect with access roads and convey traffic to major and minor collectors.
Like an access road, a subcollector provides frontage and access to residential lots but also carries some
through traffic to access roads. Subcollectors include all roads not identified as major or minor arterials,
major or minor collectors or access roads. Generally, subcollectors are all town roads in the original town
road grid system, and town roads identified as through roads or subcollectors on a town comprehensive
plan or official map. Some roads in a subdivision may be subcollectors instead of access roads if the two
ends of the road extend beyond the boundary of the subdivision and one end of the road eventually
connects to another subcollector or higher order road.

Access roads. Access roads are designed to conduct traffic between individual parcels or lots and higher
order roads. Access roads provide for low speed and low volumes of traffic and convey traffic to
subcollector, collector and arterial roads. As the lowest-order road in the hierarchy, the access road usually
carries little through traffic and includes short roads, cul-de-sacs and courts. Access roads include local
roads within conventional subdivisions, local roads within Conservation Design Development subdivisions,
cul-de-sacs, loop roads, lakeshore roads that existed prior to 1974, and roads not otherwise classified and
located in unincorporated hamlets (including Boardman, Burkhardt, Cylon, Emerald, Erin Corners, Forest,
Hersey, Houlton, Huntington, Jewett, Johannesburg and New Centerville).
a.

Cul-de-sac roads. Roads that are closed at one end with turnarounds not platted for extension.

Loop roads. Loop roads are short, one-way through roads that turn back to the originating road.

Temporary dead-end roads. Roads that terminate in a “T” turn-around and are platted for future
extension.

d.a. Private Roads. Roads located on private property and providing access to 3 or more properties.

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Figure 15.405.1 Functional Classification System Diagram

Setbacks
a.

Setbacks from Roads or Highways
1.

No structure shall be located between the setback lines established by this section and the road right-ofway, except as provided in subsection c below.

The setbacks established in Table 15.405.1 below do not apply to lots with platted setbacks shown on a
recorded map. Lots with setbacks on the face of a recorded map must meet the setbacks as shown in the
recorded plat.

3.2. Road or Highway Setbacks shall meet the following requirements.All structures shall be setback a minimum
of 50 feet from the right-of-way or easement except in a conservation design development where the
minimum setback shall be 35 feet.
Table 15.405.1 Road or Highway Setback Requirements
Functional Classification Setback from Right-of-Way
Freeways & Expressways

50 feet

Principal and Minor Arterials

50 feet

Major and Minor Collectors

50 feet

Subcollectors

50 feet

Access Roads

50 feet

One-Way Access Roads

50 feet

Permanent Cul-de-sacs

50 feet

Loop Roads

50 feet

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Table 15.405.1 Road or Highway Setback Requirements
Functional Classification Setback from Right-of-Way
Access, One-Way, Cul-de-sacs and Loop Roads in Conservation
Design Development
Private road serving 3 or more parcels

35 feet
50 feet from the edge of private easement or private road designation shown on
Certified Survey Map or plat.

Average Setbacks
1.

This subsection applies to buildings that are proposed to be erected or moved between existing buildings
that have setback lines less that those established by this section and were lawfully constructed.

The Zoning AdministratorLand Use Administrator may issue a permit for the proposed building if its
setback is at least the average of the setbacks of the nearest adjoining existing buildings within 150' on
either side of the locations of the proposed building. If no building exists on the adjoining lot, the
minimum setback applies.line shall be used.

Figure 15.405.2 Setback Averaging

Structures Permitted Within Setback Lines. Structures and signs may be placed between the setback line
and the right-of-way on all highways and roads if:
1.

The Zoning AdministratorLand Use Administrator, in conjunction with the St. Croix County Highway
Department, determines that the road’s line of sight is not impaired, and

The structure is:
a.

An open fence.

A parking lot located at least 20 feet from the established highway or road right-of-way.

A telecommunication or power transmission pole or line, or a microwave radio relay structure (this
includes all appurtenances thereto that are readily removable as a unit, including public utility
equipment housing or structures).

A well, septic tank, or drainfield dispersal cell.
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A landscaping, retaining wall or utility structure that does not obstruct the line of sight.

A nonpermanent structure less than 35 square feet in area.

A frontage or service road constructed according to plans approved by the jurisdiction having authority
over the highway or road.

h.g. A sign, but only as allowed under (§ 15.380 Signs).
5.

Intersection Visibility (Vision Triangle)
a.

The vision triangle is bounded by the highway or road edge of roadway and a line connecting points on the
highway edge of roadway as shown in Figure 15.405.3.

A vision triangle is established for each quadrant of every uncontrolled or yield-controlled public highway or
road intersection.

No structure shall be located within a vision triangle.
Figure 15.405.3

Vision triangles shall meet the standards in Table 15.405.2:
Table 15.405.2 Vision Triangle Standards
Posted Speed Limit
60 mph or greater

55 mph

50 or 45 mph

40 mph or less

Major Intersecting Highway or Road, Distance "A"

600 feet

500 feet

400 feet

300 feet

Minor Intersecting Highway or Road, Distance "B"

175 feet

160 feet

150 feet

120 feet

Major intersecting highway or road = Through traffic, which does not stop at the intersection.
Minor intersecting highway or road = Controlled traffic, which stops at the intersection.
e.

A visual triangle is established in each quadrant of an at grade intersections of a road with a railroad. Each
vision triangle is established by a supplementary setback line, which is a straight line connecting points located
on the setback lines along the road and the railroad right-of-way lines and 100 feet back from the intersection
of the road setback lines and the railroad right- of-way.

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No building, fence, structure, vegetation or any other object preventing a line of sight through a vision triangle
may be placed within a vision triangle.

The vision triangle for an intersection may be expanded by the Zoning AdministratorLand Use Administrator to
fit site conditions and requirementswith the approval of the Wisconsin Department of Transportation or the St.
Croix County Highway Department.

Road Access and Driveway Separation
a.

No parcel may be improved for residential, commercial or industrial use unless it has direct access to a public
roadway or permanent easement access to a public roadway.

All driveway accesses installed, altered, changed, replaced or extended shall meet the following requirements:
1.

Driveway access openings for vehicular ingress and egress shall not exceed 30 feet at the right-of-way line
and 50 feet at the roadway surface.

Applicants are advised that driveway access to all roads under state and federal jurisdiction require WisDOT
approval. [Note: WisDOT may require greater distances than those in the charts below.]

Driveway access to all roads under county jurisdiction must be approved by the St. Croix County Highway
Department. Greater distances than those in the charts below may be required or lesser distances than
those in the charts below may be allowed pursuant to Wisconsin Statutes § 86.07 and the WisDOT Facilities
Development Manual.

4.1. All driveway accesses must meet the minimum standards in Table 15.405.3. All distances shall be
measured from the centerline to the centerline, unless otherwise noted.
Table 15.405.3 Driveway Separation for Intersecting Highways and Roads
Functional Classification of
Intersecting Road or Highway

Minimum Distance from Centerline for Driveways on the
Following Highways or Roads:
Freeways &
Expressways

Principal & Minor
Arterials

Major & Minor
Collectors

Subcollector

All
Access
Roads

Freeways, Expressways & Ramp Termini

No Access Allowed

1000 feet

Principal & Minor Arterials

No Access Allowed

500 feet

Major & Minor Collectors

No Access Allowed

500 feet

200 feet

Subcollectors

No Access Allowed

500 feet

200 feet

Access Roads

No Access Allowed

500 feet

200 feet

150 feet

Subcollectors or Access Roads where zoning allows
residential lots narrower than 150 feet

No Access Allowed

500 feet

200 feet

50 feet

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Figure 15.405.4 Driveway Separation from Intersecting Highways and Roads (Diagram Not To Scale)

Table 15.405.4 Driveway Access Separation Requirements
Functional Classification

Minimum Distance Between Driveways, Measured from Centerline to Centerline

Freeways & Expressways

N/A No Direct Private Access

Principal & Minor Arterials

N/A Very Limited Private Access

Major & Minor Collectors

500 feet Very Limited Private Access

Subcollectors

200 feet Limited Private Access

Subcollectors within Conservation Design
Development

50 feet Limited Private Access

Minimum Distance Between Driveways, Measured from the Edge of the Surface Mat to
the Lot Line
Two-Way Access Roads

10 feet

One-Way Access Roads

10 feet

Bulb of a Cul-de-sac

5 feet

Curve of a Loop Road

5 feet

Where there are at least 2 lots or parcels along a road with insufficient frontage to meet minimum access
driveway separations, a service road of not less than 50 feet of right-of-way shall be provided along the
entire frontage of each lot or parcel.
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Where crossovers in divided road or highway medians have been established, access driveways shall be
placed directly opposite them.

7.5. Driveway access to state or federal highways must be approved by the Wisconsin Department of
Transportation.
8.6. Driveway access to county highways must be approved by the St. Croix County Highway Department.
before the Zoning AdministratorLand Use Administrator will consider and approve any request for highway
access.
9.

The Zoning AdministratorLand Use Administrator may require joint driveway accesses, where deemed
necessary.

10. The Zoning AdministratorLand Use Administrator may approve an alternative driveway access separation
distance for an individual driveway on previously platted lots or to fit site conditions and engineering
standards based upon the recommendation of the Wisconsin Department of Transportation or the St. Croix
County Highway Department.
11.7.
Commercial and industrial land use lots or parcels shall not exceed 2 driveway accesses with a
maximum apron width of 6035’.
12. Residential land use lots or parcels shall have a maximum of one driveway access with a minimum width
of 12' and a maximum width of 24’. A second driveway may be permitted subject to the following process:
a.

Access is desired to another portion of the parcel that is not reasonably accessible from the primary
driveway due to site layout, topography or other conditions.

The owner shall file a Land Use Permit application and corresponding fee with the Department. The
application shall include submittal requirements specified in table 15.590.1 for Land Use Permit
applications. The Zoning AdministratorLand Use Administrator may waive submittal requirements not
related to the second driveway request.

The Department and/or St. Croix County Highway department shall review the request and determine
if a second driveway can be approved based on site layout, topography, and/or other limitations. The
owner shall accommodate a site visit for St. Croix County staff to review the property, if one is
determined to be needed.

A second driveway may be approved if it does not comply with setback requirements from the primary
driveway on the same parcel.

The second driveway shall meet setback requirements to intersections and to driveways on other
parcels.

The Department will prepare a written response of approval or denial, consistent with 15.555, Land
Use Permits, within 60 days of receiving a completed application and forward it to the applicant.

The applicant shall obtain approval of the controlling jurisdiction of the roadway before the Land Use
Permit for the second access can be issued.

13.8.

Driveway accesses shall meet the following standards:
Table 15.405.5 Driveway Access Standards
Maximum grade at any point along the driveway 2012%
Maximum grade within 50’ of the centerline of the intersecting road 2%
Radius of curvature (min) for deflections of at least 7º

100’ from centerline

surface/mat (min) 102’

14. Where a lot or parcel fronts on two existing State or County highways, driveway access shall be from the
lower functionally classified highway unless this section and other County ordinance standards cannot be
met.
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Effective on: 11/11/2022

15.410 Building Height
Purpose: Tthe zoning districts establish maximum heights for buildings and structures. This section describes how to
measure building height and exemptions to height limitations.
1.

Measurement. Building height is the vertical distance from the average ground elevation to the highest point of
a flat roof, to the deckline of a mansard roof or to the average height of the highest gable of a gambrel, hip or
pitched roof. The average ground elevation shall be calculated with an accurate drawing of the proposed structure
with finished grade contours and spot elevations at each of the four outermost corners of the structure; Add up the
spot elevations and divide by four to calculate the average ground elevation. Building height is the vertical distance
from the lowest exposed grade to the peak or highest point of the structure.??

Exceptions
a.

The regulations of this Chapter relating to building or structure height and the size of yard and other open
spaces are subject to the following exceptions:
1.

Religious assemblies, schools and other public and quasi-public buildings may be erected to a height up to
60 feet or 5 stories if the required street, side and rear setbacks increase at least 1 foot for each additional
foot of height above the height limit otherwise established for the district.

Chimneys, cooling towers, church steeples or spires, cupolas, tanks, water towers, ski lift structures,
television antennas, microwave radio relay or broadcasting towers, masts or aerials, farm silos, barns and
other farm structures and necessary mechanical appurtenances are exempt from the height regulations of
this chapter and may be erected in accordance with other regulations or ordinances of the County, or of
other jurisdictions such as the Federal Aviation Administration (FAA).

The Shoreland Overlay (SO) and Lower St. Croix Riverway Overlay (SCR) districts have different structure
height regulations.

Figure 15.410.1 - Roof Types

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Figure 15.410.2 - Average Ground Elevation Calculation

Effective on: 11/11/2022

15.415 Grading and Land Disturbance
Purpose: this section establishes standards for grading to mitigate the impacts of development on water resources and
stormwater runoff, and to avoid erosion.
1.

Applicability
a.

This section applies to construction or land disturbance activities above the thresholds specified in this section.

Slopes as described in this section are measured over a horizontal distance of 50 feet. The 50-foot segment will
be selected by County staff to include any slope segment inclusive of the proposed disturbance, using a Countygenerated slope map.

Standards and Prohibitions. All permitted construction or land disturbance activities on slopes equal to or greater
than 20% and over 10,000 sq. feet requires a land use permit and erosion control plan. A stormwater plan shall be
required for disturbances over 25% or one acre. Slopes over 30% shall not be disturbed except for the installation
of erosion control practices. All stormwater and erosion control plans shall follow the Wisconsin Department of
Natural Resources (DNR) Best Management Practices. (BMP’s)subject to this section require:
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a land use permit, and

an erosion and sediment control plan that incorporates Best Management Practices (BMPs) that meet or exceed
the Wisconsin Department of Natural Resources (WDNR) Stormwater Management Technical Standards.
[Note: refer to §15.590 (Submittal Requirements) for contents of erosion and sediment control plan.]

Requirements and Prohibitions. The following requirements or prohibitions apply to construction or land
disturbance activities indicated below:
Table 15.415.1 Grading and Land Disturbance Requirements
Slope / Type of Construction

Requirement

> 10,000 sf on
1219.99%
slopes

> 20-24.9% Slopes

slopes
25%
and
greater
(other

than public
improvements)

or
Public improvements
affecting slopes
25-29.9%

public improvements on
slopes 30% and
greater

* = required | X = development prohibited
An approved Land Use Permit and Erosion
Control Plan as provided above

A stormwater management plan shall be
submitted and shall meet the
performance standards described in
Wisconsin Administrative Code NR
151
Subchapter
III,
Non-Ag
Performance Standards.

The property owner shall execute and
record an affidavit describing the
approved stormwater management
plan and maintenance requirements
with the County Register of Deeds
within 30 days after construction is
completed.

affidavit shall alert subsequent
purchasers of the land of the
maintenance requirements of the
plans.

The property owner shall submit a copy of
the affidavit along with a record
drawing and photos of the
stormwater
retention/detention
devices and drainage ways to the
Zoning
AdministratorLand
Use
Administrator.

Construction may not proceed until the
Zoning
AdministratorLand
Use
Administrator has approved the
plans.

The

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4. Exceptions. Exceptions to the prohibition of development on slopes 3025% or greater may include the following, subject
to obtaining applicable Conditional Use Permit and/or Land Use Permit approvals: Operations and facilities associated with
Skiing Facilities (Commercial) and limited to Ski Slopes/Trails, Snowmaking Equipment, Ski Lifts, Terrain Parks and Ski
Slope/Trail Lighting. Exceptions also include a ski chalet structure and related parking facilities provided development on
slopes of 25% or greater does not exceed 21,780 square feet. No more than 50% of a ski chalet structure can impact
slopes of 25% or greater. The overall impact to slopes should be the minimum amount needed to accommodate the
proposed use.

Effective on: 11/11/2022

15.420 Screening, Landscaping & Tree Preservation
Purpose: tThis section establishes specifications for planting and landscape areas. The County finds that this section
promotes the public health, safety and general welfare by increasing compatibility with adjacent land uses, minimizing
impacts of certain uses, preventing erosion, reducing stormwater runoff, and preserving the rural character of the County.:

•
•

increasing compatibility with adjacent land uses by requiring a buffer or screen between uses;

•
•
•

preserving scenic views and/or otherwise enhancing the rural landscape as seen from perimeter roads;

•

promoting ground and surface water stabilization and decreasing the adverse impact of the water table fluctuations
caused by the removal of vegetation;

•

protecting air quality which is significantly affected by the natural clearing of the atmosphere by the trees through
particulate matter interception and the release of oxygen into the atmosphere as a byproduct of photosynthesis, and
by absorbing carbon dioxide and supplying oxygen;

•

reducing the effects of noise, glare, dust, and other objectionable activities generated by some land uses, including
avoiding the increase in noise pollution created by the removal of buffer trees;

•
•

protecting existing vegetation from greater wind velocities by planting trees or avoiding the removal of buffer trees;

•
•
•

stabilize the urban wildlife habitat and ecosystem balance;

•
•
•

providing shade and reducing urban heat islands;

minimizing the harmful impact of noise, dust, debris, motor vehicle headlight glare or other artificial light intrusions,
and other objectionable activities or impacts conducted or created by adjoining or nearby uses;
minimizing soil erosion;
reducing flood hazards and managing stormwater by providing leaf canopies that help reduce erosion caused by
falling rain, porous surface areas where rain water lands and evaporates, and roots that take up water and create soil
conditions that promote infiltration;

safeguarding and enhancing property values by promoting compatibility and avoiding the adverse aesthetic and
ecological effects of tree removal;
buffering and screening adjacent properties;
promoting and improving the County’s image, charm and beauty, including the character of its neighborhoods and
commercial areas;
preserving the economic base attracted to the County by its natural beauty; and
promoting aesthetically pleasing developments that preserve the appearance and character of the community.
[Note: Subdivision plats are subject to the landscaping and screening requirements of Chapter 13.H.]

Applicability
a.

This section applies:

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where landscaping is required by the applicable zoning district

[Note: The following zoning districts: require landscaping: Residential (R-3 only), Commercial (C-1, C-2, C3), and Industrial (I-1 and I-2)]

to pParking lots containing 5 or more parking spaces and located in or adjacent to residential districts R-2
or R-3.

2.1. Landscaping Plans. If this Section requires landscaping, the applicant shall provide a Landscaping Plan. [refer to
§15.590 (Submittal Requirements) for contents of erosion and sediment control plan.]
3.2. Tree Protection Encouraged. Property owners are encouraged to protect and retain existing trees, shrubbery
and grasses not located in rights-of way, drainageways, vision triangles, and the like, and to protect and preserve
trees during construction.
4.

Alternative Requirements. The Zoning AdministratorLand Use Administrator may approve alternative landscaping
requirements if:
a.

the applicant preserves a unique native landscape such as a native prairie, oak savannah or woodland, and the
decision maker determines that the native landscape has at least an equivalent area and durability as the
landscaping normally required by this section, or

the applicant provides alternative landscape treatments that have a buffering or screen capacity equal to or
greater than required by this section, or

the applicant demonstrates unique site constraints that inhibit compliance with this section and provides
alternative landscape treatments appropriate to those constraints

5.3. Required Landscaping
a.

Generally. Landscaping shall occupy the minimum percent of a lot or parcel as provided in the applicable
zoning district. All of the buffer and parking lot landscaping required by this section shall be provided, even if
those requirements exceed the minimum percentage required.

Any required landscape area shall be planted with any combination of perennial plants, woody shrubs and/or
trees, but excluding mowed turf grass. Required landscape areas shall be planted at a sufficient density of
plants to achieve 80% ground coverage within 3 full growing seasons. The use of mulch or landscape stone is
required in the first three years to prevent erosion and weed growth and is encouraged thereafter.

Civic Space Credits
1.

Qualifying Civic Space. The following civic space types are credited toward up to 10% of the landscaping
required by this section:
a.

Bio-retention or rain gardens;

Greenways;

Pedestrian walkways;

Plazas;

Squares;

Courtyards; and

Greens.

Minimum Specifications. To qualify for a landscaping credit, a civic space shall have a minimum total
area of 300 square feet.

6.4. Location and Design of Plantings

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Table 15.420.1 indicates required landscaping locations. Required landscaping locations (R) must be provided
if those plantings exceed the minimum percentage required by this section. Optional landscaping locations (O)
may include landscaping that is needed to meet the minimum percentage required, or landscaping that exceeds
the percentage required.

This section does not prohibit landscaping in other locations.
Table 15.420.1 Landscaping Location
Required (R) or
Optional (O)

Location
Road setback areas

Side and rear yards

Buffers (see subsection ***** below)

Parking Perimeter Landscaping

Parking Interior Landscaping

c.a. Landscaping may overlap drainage and/or utility easements. However, plantings shall not:
1.

impede the flow of water within a drainage easement, or

obstruct any portion of an existing or dedicated public road or right-of-way.

d.b. Where space allows, landscape plantings shall be placed in an informal, random pattern to create a naturalized
landscape.
7.

Planting Material Specifications
a.

Applicability. This subsection applies to all landscaping required by this section.

Generally
1.

Size specifications and landscape materials shall conform to the American Standard for Nursery Stock.

Areas to be landscaped shall be prepared, improved and planted as specified by current Wisconsin
Department of Transportation standards as specified in the Facilities Development Manual (FDM).

8.5. Species and Materials
a.

The landscaped buffer area may contain any combination of preserved natural vegetation or newly installed
plantings.

Landscape materials shall allow growth to the required height and opacity.

Landscape species shall be indigenous or proven adaptable to the climate but shall not be invasive species as
identified by the Wisconsin Department of Natural Resources.

Landscape species should include a mix of trees and shrubs and can also include herbaceous materials such as
grasses, vines, aquatic plants, wildflowers, tall-grass prairie, and other vegetative materials.

The landscape plantings shall include low-maintenance, drought and salt tolerant species.

Landscape materials shall be tolerant of heat, drought, salt, or other conditions that could degrade quality and
survivability.

9.6. Plant Size. Minimum plant size shall be as specified in Table 15.420.2. To determine trunk size, caliper inches are
measured 6 inches above ground level.
Table 15.420.2 Plant Size
Plant Type

Minimum Size

Trees
Evergreen

4' in height

Deciduous Overstory

1-½ caliper inches

Deciduous Ornamental

1 caliper inches

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Table 15.420.2 Plant Size
Plant Type

Minimum Size

Shrubs
Evergreen or Deciduous

18" in height

Preservation Credits
1.

Purpose: Preserving existing healthy, native, non-invasive vegetation should always take precedence over
planting new vegetation and is encouraged by crediting preservation toward these landscaping
requirements.

Preservation of existing trees or shrubs count toward the landscaping required by this section if:
a.

For road setback, parking area perimeter or residential buffers, they meet an opacity of at least 580
percent, and

they meet the minimum plant sizes specified in Table 15.420.2 above.

10. Screening.
a.

Applicability
1.

Screening is required in Parking Perimeter and Residential Buffer landscaping areas.

Any trash or recycling containers not otherwise stored inside an approved structure shall be screened with
a combination of fences or walls.

2.
b.

Berms, Fences or Walls
a.

Generally. Berms shall contain side slopes not exceeding 3 feet of horizontal distance to one foot of
vertical distance (3:1) Berms shall be natural in appearance and undulating wherever possible. Fences
and walls shall blend into the surrounding landscape and be earthtone in color.

If a berm, fence or a wall is used where allowed by this section:
a.

it shall be visually dominated by planted vegetation as viewed from the street or neighboring lot, and

within 36 months or 3 growing seasons after planting,
1.

the planted vegetation shall attain 50 percent coverage within the opacity zone, which is the first
4 feet or 6 feet above the surrounding ground level, as required by this ordinance, and

newly planted vegetation shall be established on the residential or existing use side of the fence
or wall.

Berms. In addition to subsection
requirements:

b.1. above, berms shall comply with the following

If berms are used to supplement or replace some of the planting requirements the width of the
landscaped area must be adequate to accommodate the size of the berm, based on the berm slope,
crown, height and form.

The applicant shall demonstrate that any reduction in required new plantings shall not reduce the
effectiveness of the buffer area screen.

Berms shall contain side slopes not exceeding 4 feet of horizontal distance to one foot of vertical
distance (4:1) with a maximum height of 6 feet.

Berms shall be natural in appearance and undulating wherever possible.

Fences and Walls.
a.

If used to screen exterior trash or recycling containers, fences or walls shall be no less than 6 feet in
height and no greater than 8 feet in height and shall be 100% opaque.

If used as part of Parking Perimeter or Residential Buffer landscaping requirements, fences and walls
shall be at least 80% opaque.

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Hedges/Combinations. If a hedge or hedge/berm combination is used, the approved vegetative material
shall be at least 2 feet in height at time of planting or capable of growing to that height in the first growing
season. Vegetative material of sufficient screening density shall be spaced according to growth needs of the
species to attain he height required for its screening purpose and 80% opacity at maturity.
Figure 15.420.1 Landscape Buffer Opacity

11. Requirements for Specific Landscaping Locations
a.

Street Setback Landscaping
1.

Applicability. A landscaped area shall be provided in the street setback area.

Location / Size. Street Setback Landscaping shall extend at least 10 feet in depth for at least half of the
street right-of-way frontage.

Content. Street setback landscaping may include vegetated planting areas, berms, fences or walls, subject
to the design constraints of this section.

Design
a.

The street setback area shall include at least one shade tree per 100 feet of street frontage.

All plantings shall be appropriately spaced according to growth requirements of the species and shall
not obscure street-facing windows or doors at maturity.

Street Setback Landscaping is limited to 2 feet in height within the vision clearance triangle of a
driveway access or road/railroad intersection (see § 15.405).

Parking Perimeter Landscaping
1.

Applicability. This section applies to parking lots containing 5 or more parking spaces and located in or
adjacent to residential districts R-2 or R-3.

Location / Size.
a.

A landscaped buffer at least 10 feet in width shall abut the perimeter of parking lots/pavements.

If an area is newly planted, the landscaped buffer shall include plants with a minimum height of 18
inches at the time of planting. If plants are preserved, they must be shrubs or trees in order to count
toward the requirement.

Content. Parking perimeter landscaping may include vegetated planting areas, berms, fences or walls
consistent with the preceding section on Screening.

Design
a.

Opacity. The buffer shall attain 80 percent opacity at maturity.

Height. Parking Perimeter Landscaping shall be maintained at a minimum height of 4’.

Planting. Parking Perimeter Landscaping shall contain –
1.

one 2-½ caliper overstory tree per 60 linear feet of parking lot frontage, or

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2.
c.

a combination of deciduous and coniferous shrubs and a decorative wall or fence made of wood,
brick or ornamental iron railing, with a minimum height of 3 feet.

Parking Interior Landscaping
1.

Applicability. This section applies to parking lots containing 5 or more parking spaces in the C-3, I-1
and I-2 zoning districts.

Location / Size. Rows of parking shall be broken every 10 spaces by a landscape median at least 7 feet
in width.

Content. Parking perimeter landscaping may include vegetated planting areas, berms, fences or walls.

Design. At least 1 indigenous shade tree is required per median. The remainder of the median shall
consist of shrubs and ground cover.

Residential Buffers
1.

Applicability.
a.

For purposes of this section, a “buffer” means a yard along the perimeter of a lot or development,
that includes landscaping, fencing, and/or berms that are designed to minimize visual, noise, lighting,
stormwater, and related impacts on adjacent uses and surrounding areas.

The buffer shall consist of an area of land located within and along the outer perimeter of a lot or
boundary line.

Location / Size
a.

The following districts shall maintain a buffer between the County (R-1, R-2, and R-3), City and Village
residential districts.

The minimum buffer width is as follows:
Table 15.420.3 Residential Buffer Width
Zoning District for property requiring a buffer

Adjoining District
R-1

R-2

R-3

R-3
5'

C-1

10'
10'

C-2

C-3

10'

15'

I-1

10'

15'

I-2

10'

20'

Content. Residential buffers may include vegetated planting areas, berms, fences or walls.

Design
1.

The residential buffer shall reach 6 feet in height within three full growing seasons.

The landscaped buffer shall attain 80 percent opacity at maturity.

The landscaped buffer area may include vegetated planting areas, berms, fences or walls consistent with
the preceding section on Screening.

12. Timing of Installation. If a subdivision plat is not required, plantings and screening shall be installed prior to
issuance of a certificate of occupancy. The applicant may propose, and the Zoning AdministratorLand Use
Administrator may approve, alternative timing for installation of landscaping subject to a schedule specified in a
Developer’s Agreement, a condition of zoning or conditional use permit approval, or another legally enforceable
condition or agreement.
13. Maintenance
a.

Existing healthy trees and shrubs shall be properly protected from construction activities in accordance with
sound conservation practices.

Financial assurances shall cover the cost of installation of plant materials and replacement of all dead, dying,
defective or diseased plant material for a period of 18 months.
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Effective on: 11/11/2022

15.425 Lot Development
Purpose: This section includes standards and rules of interpretation for applying the lot area, setbacks and yards
requirements for the zoning districts established in this Chapter.
1.

Generally. A lot, yard or other open space provided for a building to comply with this chapter does not count as
part of a lot, yard or other open space required for another building.

Lot Area

Generally. This subsection applies to any zoning district that establishes a minimum lot area requirement.
[Note: The following zoning districts include minimum lot area requirements: AG-1, AG-2, R-1 (Standard
Design), R-2 (Standard Design), R-3 (Standard Design), C-1, C-2, C-3, I-1, and I-2. The Lower St. Croix Riverway
(SCR) includes additional standards for net lot area.]

Lot Area. Lot area is the contiguous area within lot lines, excluding any street, highway, access easement or
railroad right-of-way.

Setbacks and Yards. The following standards apply to setbacks and yards within the applicable zoning districts
where setbacks are established as indicated below:
a.

Generally. Every part of a required yard shall be open to the sky and unobstructed, except for permitted
encroachments.

Street Setback. A street yard extends the full width of the lot and is measured between the street right-ofway to the nearest principal building. The street setback is a line contiguous to the nearest part of the main
building (excluding permitted encroachments) from the street right-of-way.

Rear Setback. A rear yard extends the entire width of the lot and is measured from the rear lot line to the
rear setback. The rear setback is a line contiguous to the nearest part of the main building (excluding permitted
encroachments) from the rear lot line.

Side Setback
1.

A side yard extends from the front yard to the rear yard and is measured from the side lot line to the side
setback. The side setback is a line contiguous to the side wall of the main building.

When an accessory building is constructed as part of the main building or constructed on one side of the
main building, the side yard requirements apply to the accessory building.

For lots less than 80' wide and of record at the date of the passage of this Chapter:
a.

the aggregate width of the side yards is equivalent to 3" for each foot of the lot width, and

no single side yard shall be less than 40% of the aggregate width, and

the buildable width of any lot shall not be reduced to less than 24'.

Corner Lots. A corner lot is considered to have a front yard on each lot line abutting a street, and a side lot
line abutting an interior lot.

Encroachments. The features designated and as conditioned below may encroach into a required yard
subject to height limitations, vision triangle requirements (§ 15.405) and building code separation
requirements.
Table 15.425 Encroachments
Feature

Yards
where
encroachment is
permitted

Maximum
Encroachment

Minimum Setback from
property line

Arbors (maximum footprint of 80 sf and maximum height of
12’)

Any yard

No restriction

Accessory buildings (not otherwise listed)

Rear yard

No restriction

Basketball goal

Any yard

No restriction

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Table 15.425 Encroachments
Yards
where
encroachment is
permitted

Maximum
Encroachment

Minimum Setback from
property line

Balconies (open) at second floor or higher levels, wing
walls, stoops, landings, patios, and decks

Any yard

Bird houses, dog houses

Any yard

No restriction

Ordinary projections of sills, belt courses, cornices,
buttresses, eaves, chimneys, buttresses, eaves,
spouts/gutters, brackets, pilasters, grill work, trellises and
similar architectural features

Any yard

20"

Canopies, Freestanding

Street/rear

10'

Canopies having a roof area up to 60 sf

Street/rear

6’ into yard

Feature

Clothes line (up to 2 poles)

Rear/Side

No restriction

Interior Side/Rear

No restriction

Any yard

No restriction

Any

3½'

Rear

Flag Pole

Any

No restriction

Garages, attached or detached and loaded from an alley

Rear

No restriction

Gates

Any

No restriction

Heating and cooling units

Side/Rear

No restriction

20"

Landscaping, lawns, berms, trees, shrubs

Any yard

No restriction

Light Poles

Any yard

No restriction

Mailboxes

Any yard

No restriction

Playground equipment, trampolines

Any yard

No restriction

Open pools, screened or enclosed pools, spas, and
uncovered decks or patios, up to 20 feet from a dwelling
unit on an abutting lot

Rear/Side

No restriction

Overhanging roof, pier, awnings, marquees, and secondstory balconies, steps, structural overhangs or projections
enclosing habitable living space, or similar architectural
features

Any yard

Shall not extend within a
planting strip or tree well
area

Parking spaces (except as otherwise permitted as part of an
approved shared parking design for adjacent non-residential
parcels)

Any yard

No restriction

Minimum 20' from street
ROW, 5' from other property
lines, and outside of required
buffers

Porches, residential unenclosed and covered

Street/rear

6 feet into yard

Projecting overhangs on the ground floor not listed above

Any yard

No restriction

Projecting windows such as bays, bows, oriels, or dormers

Any yard

20" or as required by
building code

Ramps for citizens with disabilities

Any yard

No restriction

Retaining Walls

Any yard

No restriction

Sidewalks

Any yard

No restriction

Steps, uncovered

Street

No restriction

Rear (R-3, C-3),
Any yard (all other
districts)

No restriction

Any yard

No restriction

Equipment, ancillary (Residential or Commercial districts)
Fences, walls, poles, posts and other customary yard
accessories, ornaments and furniture
Open fire escapes / enclosed outside stairways / handicap
ramps required by the building code

Stormwater detention or retention facilities or ditches,
unless the Zoning AdministratorLand Use Administrator
finds that underground stormwater management facilities
are not currently available
Vending Machines, ATMs

Reasonable Accommodation for Disabled Persons
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Ramps, walkways or decks to provide a disabled person with reasonable access to their property as required
by the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the Wisconsin Fair Housing Act
are allowed by land use permit, subject to the following standards:
1.

Only the minimum relaxation of dimensional, density or other standards needed to provide reasonable
access may be approved.

No use, structure or other relaxation of standards may be approved that would violate or undermine the
stated purposes of this Section.

The land use permit will expire and the structure shall be removed once the property is no longer primarily
used by a disabled person. Subsequent landowners no longer needing disabled access shall not replace or
expand the facilities. Routine maintenance is allowed.

An affidavit describing the approved land use permit shall be executed and recorded with the County Register
of Deeds by the property owner. within 14 days after approval of the permit.

c.b. The affidavit shall state that the ramp, walkway, or deck must be removed as required above, and shall alert
subsequent purchasers of the land of the requirements of the land use permit.
5.

Outlots. An outlotOutlot may not be developed for any use or structure that requires a private, onsite wastewater
treatment system. A new Outlot shall only be created for a public improvement or common open space. An Outlot
for public improvements or common open space shall be owned as a fractional interest (i.e 10 lots=1/10th) based
on the lots it’s serving and assessed with the lots.

Effective on: 11/11/2022

15.430 Parking and Loading
Purpose: This section provides safety, comfort and convenience to parking lot users, pedestrians and motorists. These
standards:

•

reduce the effect of parking demand on traffic movement on adjacent streets, and

•

prevent the occurrence of undesirable conditions caused by the construction of parking lots which would adversely
affect adjacent property owners; and

•

establish minimum levels of parking to capture vehicular traffic while avoiding the undesirable effects of excessive
parking, and

•

consistent with the Comprehensive Plan, discourage excessive paved surfaces, and

•

ensure that parking does not interfere with pedestrian, bicycle, or other modes of transportation.
1.

Applicability. All uses regulated by this Chapter shall provide off-street parking and loading consistent with the
standards established in this section.

Generally
a.

An off-street parking space shall have a minimum width of 109 feet and minimum area of 200 square feet162
sf. This excludes ingress and egress driveways that connect with a public thoroughfare. A single stall in any
garage may replace a required parking space.

Where four or more off-street parking spaces are provided and an access aisle is necessary, that aisle shall
meet the following minimum width standards
Table 15.430.1 Parking Lot Aisle Minimum Width

Angle of Parking (degrees)

Width of one-way drive aisle (feet-inches)

12-0

12-10

14-6

17-10

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Table 15.430.1 Parking Lot Aisle Minimum Width
90

A private garage may be rented to private passenger vehicles for persons who do not reside on the premises,
up to the following amounts:
a.

Garage with capacity of up to 2 vehicles: 100%

All other: 50%

No commercial motor vehicle exceeding 5 tons rated capacity shall be stored in a private garage in an R-2 or
R-3 district.

No building for which off-street parking space is required may be added to, structurally altered or converted in
use, to encroach upon or reduce the parking spaces below the required minimum.

f.c. No parking spaces required under this section may be used for another purpose.
g.d. Parking spaces are not allowed in the vision clearance triangle.
h.e. For all non-residential uses along a County road or street with a speed limit greater than 25 MPH, parking shall
be configured so that ingress to and egress from the parcel can be achieved by driving forward, including space
to turn around on the parcel as necessary. Parking spaces with direct access from the right-of-way will not be
permitted in these circumstances.
i.f. All parking spaces and access drives and lanes shall be graded to prevent the accumulation of surface water.
3.

Paving
a.

Parking spaces and access lanes in the following districts shall be provided with a dust free, bituminous or
concrete paved surface adequate for the proposed vehicle use: R-3, C-3, I-1, I-2. Storage and staging areas
in the I-1 and I-2 districts shall be provided with such a paved surface or a gravel surface as described in this
section.

Parking spaces and access lanes in the following districts shall be provided with a gravel or paved surface
adequate for the proposed vehicle use and appropriate to the subsurface soil conditions, typically including a
base of 3" stones with fines and topped with 3/4" crushed stone: AG-1, AG-2, R-1, R-2, C-1, C-2.

Unpaved field areas may be used for special event parking up to 30 days per year and up to 9 consecutive days
if the ground is dry and maintained with living vegetative ground cover (e.g. grass) to prevent erosion. Access
to such field areas must be provided via an approved paved or gravel driveway to reduce the tracking of mud
or other materials onto the public roadway. If vegetative ground cover cannot be maintained, a gravel surface
shall be provided consistent with this section and as approved by the County.

Landscaping. Refer to § 15.420.

Lighting. Lighting on parking lots located in or adjacent to an R-1, R-2 or R-3 district shall be shielded and directed
downward to prevent glare or illumination of adjoining property in those districts.

Required Off-Street Parking Spaces.
a.

For purposes of Table 15.430.2, "sf" means the entire gross floor area of all buildings in which the use is
conducted. Outdoor spaces are excluded from consideration, unless indicated otherwise in the table. For
buildings with multiple distinct uses, the gross floor area is allocated by use and parking spaces are calculated
accordingly.

Any use not specifically named shall be assigned to the most appropriate classification as provided in §
15.285. If an appropriate classification is not apparent, the Zoning AdministratorLand Use Administrator may
consult the most current version of the Parking Generation Manual by the Institute of Transportation Engineers
(ITE).

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15.430.2 Parking Spaces Required
Use Category

Parking Spaces Required

AGRICULTURE
Agriculture, Aquaculture

Agriculture, Beekeeping

Agriculture, Crop or Forage Production

Agriculture, Enrolled Land

Agriculture, Floriculture

Agriculture, Forest Management

Agriculture, Fur Farm

Agriculture, Keeping Livestock

Agriculture, Sod or Christmas Tree Production

Agriculture, Wholesale Nursery

Agricultural Resource Production (including sawmills)

1 per 500 sf

Animal Production, Other

Community Garden

Community Supported Agriculture

Crop/Limited Agriculture

Grazing

Greenhouse

Harvesting of Wild Crops

Livestock Facility (< 200 animal units) (§ 15.360; L where required by Table 15.360.1)

Livestock Facility (200-499 animal units) (§ 15.360; L where required by Table 15.360.1)

Livestock Facility (> 500 animal units) (§ 15.360; L where required by Table 15.360.1)

Manure Storage

Pick-Your-Own Operations

Raising of Chickens and Ducks

Raising of Waterfowl, Fowl, and Fish

Stock Yard or Livestock Auction Facility

NATURAL RESOURCES
Filling, Draining, or Dredging of Wetlands

Undeveloped Natural Resources and Open Space Land Use

RESIDENTIAL
Residences
Caretaker Unit

2 per dwelling

Conservation Design Development (§ 15.325)*

2 per dwelling

Dwelling, Rental or Secondary

2 per dwelling

Dwelling, Single-Family

2 per dwelling

Dwelling, Two-Family

2 per dwelling

Manufactured Home

2 per dwelling

Mobile Home Park

2 per dwelling

Mobile Home

2 per dwelling

Modular Home

2 per dwelling

Multifamily Dwelling

2 per dwelling

Temporary Residence

2 per dwelling

Group Living
Community Living Arrangement (9-15 persons)

1 + 1 per 4 bedrooms

Community Living Arrangement (> 15 persons)

1 + 1 per 4 bedrooms

Foster Home / Adult Family Home

1 per dwelling

Life Care or Continuing Care Service

1 per 4 bedrooms

Retirement Housing Service

1 per 2 dwelling units

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15.430.2 Parking Spaces Required
Use Category
Skilled-Nursing Service (above intermediate level nursing care)

Parking Spaces Required
1 per 4 bedrooms

LODGING
Boarding House

1 per 2 guest rooms

Bed and Breakfast

1 per 2 guest rooms

Campground, Private

2 per campsite

Campground, Public

2 per campsite

Motels and Hotels

1 per guest room

Seasonal Rustic Shelter/Primitive Rural Hunting Cabin

Short-Term Rental

1 per dwelling (provided as part of the dwelling

unit - no additional parking required)

ART, ENTERTAINMENT, & RECREATION
Adult Establishment (§ 15.310)*

1 per 400 sf

Agricultural Entertainment (< 15 days) (§ 15.315 )

5 + 1 per 400 sf

Agricultural Entertainment (> 15 days) (§ 15.315; L if > 100 persons during 24 hour period)

per approved event plan or conditional use permit

Amusement or Theme Park

15 per acre

Drive-In Theater

1 per 400 sf

Farm Exhibition (< 5 days)(§ 15.315; L if > 100 persons during 24 hour period)

5 + 1 per 400 sf

Farm Exhibition (> 5 days)(§ 15.315; L if > 100 persons during 24 hour period)

5 + 1 per 400 sf

Game Arcade

1 per 400 sf

Golf Course

6 per hole

Hiking, Biking, and Bridle Trails

Indoor Recreational Facility

1 per 400 sf

Miniature Golf

15 per acre

Museum

1 per 400 sf

Outdoor Entertainment Facility - including all athletic courts and fields

1 per 3 users (participants and spectators) at
maximum capacity, plus one stall per two
employees

Outdoor Recreational Facility - including all athletic courts and fields

1 per 3 users (participants and spectators) at
maximum capacity, plus one stall per two
employees

Racetrack

1 per 4 seats

Stadium, Arena, or Conference Center

1 per 4 seats

Theater, Movie, or Performing Arts

1 per 300 sf

Zoos, Botanical Gardens, Arboreta, and similar uses

12 per acre

COMMERCIAL/MIXED USE
Animal Services
Game Management

1 per 1,500 sf

Kennel, Commercial

1 per 1,500 sf

Stable, Commercial

1 per 400 sf

Veterinary Clinic

1 per 1,500 sf

Automotive
Automotive Parts, Accessories, and Tire Stores

1 per 500 sf

Automotive Service, Repair, and Towing

1 per 500 sf

Car Wash

Dealerships (Motor, Off-Road, Watercraft, and Implements)

1 per 500 sf

Service Station

1 per 500 sf

Truck Service, Repair, and Towing

1 per 500 sf

Day Care

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15.430.2 Parking Spaces Required
Use Category

Parking Spaces Required

Child Care Home, Family (< 8 children)

1 per 350 sf

Child Care Center (Wis.Stat. § 48.65)

1 per 350 sf

Group Day Care

1 per 350 sf

Financial Services
Financial or Investment Institution

1 per 400 sf

Food & Beverage Sales/Service
Bar or Tavern

1 per 100 sf, including outdoor seating area
dimensions

Grocer

1 per 500 sf

Liquor Store

1 per 400 sf

Restaurant

1 per 100 sf, including outdoor seating area
dimensions

Roadside Produce Stand

5 spaces

Sales - Processed or Preserved Agricultural Products and Produce

1 per 500 sf

Mixed Uses
Vertical Mixed Use (retail or office on ground floor, residential on upper floors)

1 per 400 sf retail/office + 1.5 per dwelling

Office, Business & Professional
Courier and Messenger Service

1 per 400 sf

Office

1 per 400 sf

Plant or Livestock Genetic Laboratory

1 per 1,500 sf

Postal Service

1 per 800 sf

Personal/Business Services
Barber or Beauty Shop

1 per 400 sf

Business Support Services

1 per 400 sf

Funeral Home

1 per 150 sf of group seating or assembly areas

Indoor Maintenance and Repair of Goods and Equipment

1 per 400 sf

Laundry

1 per 400 sf

Retail Sales
Contractor Sales and Service

1 per 1,500 sf

Convenience Store

1 per 300 sf

Drug Store/Pharmacy

1 per 400 sf

Garden Center

1 per 400 sf plus 1 per 1,000 sf of outdoor sales
area

Landscape Supply and Contracting Business (Plant or Tree Nursery)

1 per 1,000 sf

Notion, Variety, or Gift Shop

1 per 400 sf

Retail Sales and Service (< 2500 sf)

1 per 400 sf

Retail Sales and Service (> 2500 sf)

1 per 400 sf

Riding Supply

1 per 500 sf

Miscellaneous Commercial
Agricultural Supply

1 per 400 sf

Business Conducted By Owner/Operator of Farm

Farm-Related Exhibition, Sale, or Event (5 days or less)

Farm-Related Exhibition, Sale, or Event (more than 5 days)

Home Occupation, Major

Home Occupation, Minor

Motion Picture or Sound Recording

1 per 500 sf

Sale or Storage of Agricultural Byproducts

INFRASTRUCTURE
Transportation/Parking

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15.430.2 Parking Spaces Required
Use Category

Parking Spaces Required

Airstrip

Motor Freight Terminal

Parking Facility

Taxi and Limousine Service

1 per 1,000 sf

Transit System

Utilities
Air Conditioning and Steam Supply

1 per 1,500 sf

Biopower Facility

Dam*

Electric Generating Facility (Large Scale)

Electric Generating Facility (Small Scale)

Flowage Area*

Irrigation and Industrial Water Supply

Power Plant*

Solar Collector / Solar Energy System

Utility, Major

Utility, Minor

Wind Energy System (§ 15.395)*

Wired Communication/Cable Facility*

Communications Uses
Radio and Television Broadcasting Studio

Mobile Support Structures and Facilities (§ 15.365; may require L)*

Waste-Related
Hazardous Waste Collection, Treatment, and Disposal

Salvage Yard

1 per employee of largest shift plus 1 per 0.75
acres of lot area

Septic Tank and Related Services

Solid Waste Collection, Treatment, and Disposal

Solid Waste Processing or Transferring

PUBLIC, CIVIC, & INSTITUTIONAL
Assembly
Governmental, Institutional, or Nonprofit Community Use

1 per 300 sf

Club or Lodge

1 per 300 sf

Religious Institution

1 per 300 sf

Civic and Open Space
Cemetery

Historic or Natural Resource

Open Space

Park

Educational Services
Personal Instruction Services

Private One-Room Schoolhouse

School (public or private)

4 per classroom or office; 1 per 150 sf of group
seating area (auditorium, gymnasium, etc.)

Technical or Trade School

4 per classroom or office; 1 per 150 sf of group
seating area (auditorium, gymnasium, etc.)

Public Administration / Institutional
Library

1 per 400 sf

Correctional or Military Institution*

1 per 500 sf

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15.430.2 Parking Spaces Required
Use Category

Parking Spaces Required

Hospital*

1 per 400 sf

Medical Clinic*

1 per 400 sf

Public Safety

1 per 800 sf

Social Services and Non-Profit Organizations
Child and Youth Services

1 per 400 sf

Elderly and Disabled Services

1 per 400 sf

Family Services (food, emergency, etc.)

INDUSTRIAL/PRODUCTION
Manufacturing & Employment
Agricultural Products Processing

1 per 500 sf

Asphalt Plant

1 per 500 sf

Brewery or Distillery

1 per 500 sf

Building Construction Services

1 per 500 sf

Composting, Commercial

1 per 500 sf

Forest Products Processing

1 per 500 sf

Heavy Construction Services

1 per 500 sf

Industry, Heavy

1 per 500 sf

Industry, Light

1 per 500 sf

Manure Processing Facility

1 per 500 sf

Recycling Facility

1 per 500 sf

Renewable Fuel Manufacturing

1 per 500 sf

Slaughterhouse

1 per 500 sf

Winery

1 per 500 sf

Mining & Natural Resource Extraction
Heavy Industrial Mining

Metal Extraction

Non-Metallic Mineral Extraction

Warehousing, Storage & Distribution
Contractor Storage Yard

1 per 1,500 sf

Dead Stock Hauling Service

Propane Storage and Distribution

Seasonal Storage

Self Storage Facility

Warehouse (Greater than 20,000 sf)

1 per 1,500 sf

Warehouse (Less than 20,000 sf)

1 per 1,500 sf

Wholesaling

1 per 1,500 sf

Wrecking and Demolition Service

1 per 1,500 sf

MISCELLANEOUS
Accessory Structures & Uses

Portable Storage Unit

Notes: sf = gross sf building area of the principal structure unless otherwise indicated; "--" = not applicable

Shared Parking. Two or more uses on different, adjacent parcels may share off-street parking provided the
number of stalls shall not be less than the sum of the requirements of the individual uses computed separately. If
the owners can demonstrate that hours of parking use will not overlap for certain land uses, the total number of
stalls may be reduced to eliminate excess parking spaces., at the discretion of the Zoning AdministratorLand Use
Administrator. Any such exception shall be documented in a Shared Parking Plan filed with the Department.

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Applicability. AdequateO off-street truck loading facilities shall be provided and maintained for any
Commercial/Mixed Use or Industrial/Production use. that is subject to the minimum parking requirements in a
Commercial or Industrial District.

Amounts of Off-Street Truck Loading Facilities Required. Off-street truck loading facilities shall be
provided in the minimum amount required by Table 15.430.3 for all structures subject to this section.
Table 15.430.3 Loading Spaces Required
Gross Floor Area (sf)

Required Number of Spaces
(see subsection c below for classification)

0 up to and including 12,500

1 (small)

12,501 up to and including 25,000

2 (small)

25,001 up to and including 40,000

1 (large)

40,001 up to and including 100,000

2 (large)

For each additional 80,000 over 100,000

1 (large)

Size Categories. There are 2 sizes of off-street truck loading spaces, "large" and "small":
Table 15.430.4 Loading Space Size Categories
Minimum Specifications

Size Category
Large

Small

Overhead Clearance (min)

14'

10'

Width (min)

12'

10'

Length (min)
(excludes access or maneuvering area, platform, and other appurtenances)

50'

20'

Location
1.

Off-street truck loading facilities shall be located on the same building site where the structure they serve
is located.

Shared Loading Facilities as permitted below may be located off-site and within 300 feet of the structure
they serve.

3.1. Access, maneuvering area, ramps and other appurtenances shall be:

furnished off the street right-of-way, and

arranged so that vehicles are not required to back from the street into the loading area or to back
from the loading area into the street.

Loading Specifications. Off-street truck loading facilities shall be constructed, maintained, and operated
in accordance with the following specifications:
a.

Drainage and Surfacing. Loading areas shall be properly graded for drainage, surfaced with
concrete, asphaltic concrete, or asphalt and maintained in good condition, free of weeds, dust, trash,
and debris.

Lighting. Lighting facilities shall be arranged so that the source of light does not shine directly into
adjacent residential properties or into traffic.

Entrance and Exits. Loading areas shall be provided with entrances and exits located to minimize
traffic congestion or backing from the street into the area.

Circulation. Where access and drives to off-street loading facilities occur in conjunction with offstreet parking facilities that provide parking at street level for more than 200 cars, provision shall be
made to maintain separate circulation routes within the facilities.

Shared Loading Facilities
a.

Off-street truck loading facility requirements for 2 or more structures may be satisfied by the
permanent allocation of the requisite number of spaces for each use in a common truck loading facility,
cooperatively established and operated (“shared loading facility”).

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The total number of spaces required for the shared loading facility designated is at least the sum of
the individual requirements. The Zoning AdministratorLand Use Administrator may approve a lesser
number of spaces, considering the respective times of usage of the truck loading facilities by the
individual users, the character of the merchandise, and related factors.

To eliminate a multiplicity of individual facilities, to conserve space where space is at a premium, to
maximize efficiency and capacity, and to promote orderly development generally, the Zoning
AdministratorLand Use Administrator may approve a Shared Loading Plan that groups off-street truck
loading facilities cooperatively for a number of truck loading generators within close proximity. The
Zoning AdministratorLand Use Administrator shall obtain consent for the group from the participants
in the Shared Loading Plan.

Effective on: 11/11/2022

15.431 To 15.499 Reserved.
Effective on: 12/1/2019

PROCEDURES
Contents:
15.500 General Provisions
15.505 General Procedural Requirements & Authority
15.510 Pre-application
15.515 Completeness Review
15.520 Notice Provisions
15.525 Public Hearings
15.530 Town Recommendation
15.535 Specific Processes
15.540 Text Amendments
15.545 Rezonings
15.550 Conditional Use Permits
15.555 Land Use Permits
15.560 Appeals
15.570 Variances
15.571 To 15.574 Reserved.

15.500 General Provisions
Purpose: This Subchapter -

•

Establishes the workflows associated with zoning and subdivision plat processes, and

•

Assures that the processes comply with state law, and

•

Assigns decision making authority, completeness review, and deadlines to ensure that the processes are efficient
and fair to applicants, and

•

For discretionary or legislative decisions, provide notice and an opportunity to be heard by persons affected by the
application.
1.

Generally. This Subchapter applies to any application for zoning approval in St. Croix County.

Permits and licenses. If a use is subject to this Subchapter, no permit, license, or other document of approval
shall be issued by any County department, agency or board until the Zoning AdministratorLand Use Administrator
certifies that it complies with this Chapter.
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Effective on: 12/1/2019

15.505 General Procedural Requirements & Authority
1.

Common Procedures. This Subchapter sets up rules for pProcedures, such as pre-application, neighborhood
notification, notices, and public hearings. It then describes the process for specific land use decisions. The Procedures
all have a common workflow and description, as follows:
Table 15.505-1
Element What does this mean?
Applicability
Initiation
Completeness
Notice
Decision
Approval Criteria

The type of development or situation that is subject to the process.
This is how the applicant begins the process, including which department or official receives the application.
This is how St. Croix County determines that the application has sufficient information to be processed.
This describes the type of notice, and how it is provided.
This states who approves the application, and the type of proceeding that leads to the decision.
These are any standards that apply to the application. All applications are subject to this Chapter and zoning district
regulations.

Subsequent If an application is denied, some processes have a waiting period before that type of application can be re-filed for the
Applications property.
Appeals
Scope of Approval
Recordkeeping

This provides a way to review an application that is denied, or that have conditions that the applicant disagrees with.
This states the activities that the application authorizes. For example, some approvals send the applicant to the next step
in the overall process, while others authorize construction or use.
This states how the formal decision of approval is maintained.

Summary. The processes established in this Subchapter are summarized below:
Table 15.505-2 General Procedural Requirements
Process

Agency

Notice

CDC

BOA

Text Amendment

R-PH

Rezoning

R-PH

Conditional Use Permit

D-PH

Land Use Permit

A-PH

Appeal

D-PH

Variance

D-PH

Reference

Publication

Mail

15.540

15.545

15.550
15.555

*
*

15.560
15.570

Note: Tthis table is a general summary. Refer to the referenced sections for the specific procedure. If there is any conflict
between the text section referenced here and this Table, the text section controls.
Building permits and certificates of occupancy are issued by the Towns. subject to the applicable building code.
Key:
ZA = Zoning AdministratorLand Use Administrator
CDC = Community Development Committee
CB = County Board of Supervisors
BOA = Board of Adjustment
I = intake, review and referral
R = Recommendation
D = Decision

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A = Appeal
PH = public hearing
* = required
[] = notice is required for specific situations as indicated in the referenced Procedures
Effective on: 12/1/2019

15.510 Pre-application
1.

Applicability.
a.

This section applies A pre-application meeting may be requested forto any of the following applications:
1.

Rezoning,

Conditional use permits, and

Appeals or variances,

The Zoning AdministratorLand Use Administrator may waive the pre-application meeting upon finding that the
applicant/agent has sufficient familiarity with the approval process that a pre-application meeting would not
serve a valid purpose.

Timing. The pre-application meeting shall occur

at least 10 days before the application is filed.

3.2. Meeting Contents
a.

The applicant shall provide , in writing, a brief overview of the project, including proposed location, uses,
densities, project layout, and design features.

Zoning AdministratorLand Use Administrator will provide information and comments at the pre-application
meeting, but maywill not take formal action on the application. In addition to providing verbal information, the
Zoning AdministratorLand Use Administrator may provide a Pre-application meeting checklist.

The applicant’s and Zoning AdministratorLand Use Administrator’s comments are for purposes of information,
but are not binding on either the County or the applicant.

The pre-application meeting may shall include the following:
1.

A discussion of technical studies, plans and other information deemed relevant to the specific application
request,

Discussion of the anticipated level of citizen interest,

Identification of Town notification, and neighborhood meeting requirements, if applicable,

A discussion of the general project consistency with the Comprehensive Plan, if applicable, and

A discussion on the submittal date for the application along with projected public hearing and meeting
dates with applicable boards or committees.

Effective on: 11/11/2022

15.515 Completeness Review
1.

General Requirements
a.

Applications filed under this Subchapter must include the information required by the Submittal Requirements
in 15.590. All applications shall be made on forms prepared by the Zoning AdministratorLand Use
Administrator. The Department will not process incomplete applications.

An application is not complete until all required items are submitted (see Submittal Requirements in 15.590).

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Review for completeness of application forms is solely to determine whether preliminary information required
for submission with the application is sufficient to allow further processing. It does not constitute a decision as
to whether an application complies with this Chapter.

An application is not complete unless it is accompanied by the required fee. The Board of Supervisors may
establish fees for all applications required in this Subchapter by resolution.

Completeness Review Process
a.

When applications are filed, the Zoning AdministratorLand Use Administrator will review them for completeness.

The time period to process an application does not commence until the Zoning AdministratorLand Use
Administrator determines that the application contains all the information required on the initial checklist.

The Zoning AdministratorLand Use Administrator will determine whether any additional information is needed
to complete the review of the application and will transmit the determination to the Applicant.

If the Zoning AdministratorLand Use Administrator determines that additional information is necessary, the
Zoning AdministratorLand Use Administrator will provide to the applicant a list and description of the information
necessary to complete the review. The Zoning AdministratorLand Use Administrator and the decision-making
agency are not obligated to further review the application until the required information is provided.

The Zoning AdministratorLand Use Administrator or the decision-making agency may provide submission
deadlines for materials required in support of any application provided for in the Submittal Requirements.
Compliance with those deadlines is required to have the application placed on an agenda to be heard by the
decision-making agency.

Effective on: 11/11/2022

15.520 Notice Provisions
1.

Generally
a.

State law establishes various requirements for public notice. Unless otherwise provided, the notice established
in this Subchapter is as provided in 15.520.1 below.

This Chapter does not prohibit the Zoning AdministratorLand Use Administrator from providing additional notice
not required by this Subchapter or state law.
Table 15.520.1 Type and Description of Notice

Type of notice Description
Publication Class 2 notice under Wis. Stat. Ch. 985, unless otherwise provided. Everyone within 300’ of the subject property shall also be
noticed of a pending application.
Mail
Electronic
Transmission

The Zoning AdministratorLand Use Administrator will mail the notices. Regular mail is sufficient, unless certified mail is
required by a specific process or state law.




The County may communicate with the applicant or persons requesting notice by electronic transmission.
Electronic transmission may include email, or communication through social media or online notification
procedures established by the Zoning AdministratorLand Use Administrator.

Required Information. Notice shall include the following information, unless the process includes a different
requirement:
a.

A brief summary of the proposed ordinance or application,

Time, date, and place of the public hearing or meeting;

The type of land use or development decision that is being considered;

A telephone point of contact within the Department; and

The Zoning AdministratorLand Use Administrator’s website address (URL); and

the address or location of the subject parcel.

Failure to Provide Notice. The failure of St. Croix County to provide any notice not otherwise required under
State law does not affect the validity of any action undertaken pursuant to this Chapter, and no person may challenge
an action for lack of notice where the County has complied with the applicable State law governing notice.
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Effective on: 11/11/2022

15.525 Public Hearings
A public hearing gives interested parties an opportunity to be heard. The specific processes for providing testimony and
conducting the hearing are established by the agency that conducts the hearing.
Effective on: 12/1/2019

15.530 Town Recommendation
Purpose: This Section establishes a process for the Towns to review and submit a recommendation on applications.
1.

Applicability. This section applies to any of the following applications:
a.

Rezoning, or

Conditional use permit, or

Variances to the Board of Adjustment.

Submittal. The Town may provide a written recommendations on variance and conditional usethe applications at
or before the public hearing.

Time of Recommendation. The Town's recommendation for approval of a rezone shall accompany a rezoning
application upon submittal. If the Town does not recommend approval of a rezone, it is considered an objection to
the ordinance amendment under Wis. Stat. 59.69(5)(e), and the application will not be scheduled for public
hearing.should be submitted at or before the public hearing. If the Town fails to submit a recommendation, the
public hearing shall occur without a Town recommendation.

Effective on: 11/11/2022

15.535 Specific Processes
Sections 15.540 through 15.574 set out processes for specific types of permits or decisions required by this Chapter.
Effective on: 12/1/2019

15.540 Text Amendments
Purpose: This section establishes processes for the County Board to amend this Chapter. Three (3) major steps occur:

•

The Community Development Committee holds a hearing and makes recommendations to the County Board.

•

The County Board votes on the proposal.

•

In the case of amendments to general zoning outside shoreland and floodplain areas, the affected town board can
veto an amendment adopted by the County Board.
The procedures in this Section are subject to state law, including Wis. Stats. §§ 59.69, 87.30 and subchapter V of Ch. 91.
1.

Applicability
a.

Generally. This section applies to:
1.

Any amendment to the text of this Chapter, or

Any comprehensive revision, as defined in subsection b. below.

Comprehensive Revisions. A comprehensive revision may be adopted as a single ordinance by the County
Board, following its normal amendment procedure. For purposes of this subsection, a "comprehensive revision"
is defined in Wis. Stat. § 59.69(5)(d).

Initiation
a.

A petition for amendment to this Chapter may be filed by:
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any property owner in the area affected by the amendment,

the town board of any town where Chapter is in effect,

2.3. the Land Use Administrator, County Planner, Community Development Director, or designee,
3.4. any member of the County Board, or
4.5. any member of the Community Development Committee (CDC).
b.

The applicant shall present the petition to the Department.

The Department shall refer the petition to the CDC with notice to the County Board.

Upon receipt of the petition, the CDC shall set a time and place for a public hearing on the petition and shall
publish notice of the application.

Completeness. See § 15.515.

Notice
a.

The notice required by Table 15.540.1 applies to any amendment.

A written notice of the public hearing on any proposed shoreland amendment shall be submitted to the district
office of the Department of Natural Resources at least 10 days prior to the CDC hearing.
Table 15.540.1 Notice Required for Text Amendments
Type
Publication

Mail

Required?

To Whom?

When?

Yes - Class 2

Once each week for 2 consecutive
weeks, with the last notice at least 1
week before the hearing

Yes - certified mail

Town Clerk of each town affected by
the proposed amendment

10 days before the CDC hearing
7 days after adoption subject to
subsection 9.a.2 below

Optional

Electronic Transmission

Decision
a.

CDC Action
1.

Public Hearing. The CDC shall conduct a public hearing and shall recommend approval, approval with
modifications, or disapproval of the proposed amendment.

CDC Recommendation
a.

If the CDC action is favorable to the proposed amendment as originally sought in the petition or with
modifications, it shall submit a proposed ordinance with its recommendations to the County Board.

If the CDC action is unfavorable to the petition, the CDC shall report its recommendations of denial to
the County Board along with a statement of its reasons.

c.b. The report to the County Board shall contain the CDC recommendations, proof of publication of the
notice of public hearing, proof of notice of hearing to town clerks, and copies of all town board
resolutions that were received.
d.c. A copy of the CDC's findings and recommendations on every proposed shoreland amendment shall be
sent to the district office of the Department of Natural Resources within 10 days after the submission
of those findings and recommendations are sent to the County Board.
b.

Town Board Disapproval of CDC Action
1.

If the majority of Town Boards of Townsof Towns affected by a proposed text amendment submits a
certified copy of an adopted resolution disapproving the proposed change, the CDC shall not recommend
approval. The CDC may only recommend disapproval or approval with modifications.

The resolutions must be filed with the CDC at the time of or within 10 days after the public hearing.
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3.
c.

This subsection does not apply to amendments affecting the Shoreland, St. Croix Riverway, or Floodplain
Overlay districts.

County Board Action. The County Board shall:
1.

refuse to deny the petition as recommended by the CDC and refer the petition to the CDC with instructions
to draft an ordinance approving the petition and report the ordinance back to the County Board, which
may then adopt or reject the proposed ordinance.

2.1. refuse to adopt the ordinance submitted or amended by the CDC, or
3.2. adopt the ordinance submitted by the CDC or with amendments.
d.

Town Board Disapproval of County Board Action. The County Clerk shall provide notice of text
amendments that do not affect Shoreland, St. Croix Riverway, or Floodplain Overlay districts notice to the town
clerks of all towns affected by the proposed change. Disapproval or approval of the proposed change shall
occur by action of a majority of the town boards subject to and affected by the amending ordinance.

Approval Criteria
a.

Amendments to this Chapter are committed to the County Board’s legislative discretion, and subject to any
applicable requirements of state or federal law.

The zoning amendment shall be consistent with the Comprehensive Plan. [See Wis. Stat. § 66.1001(3)(j)]

Appeals. A text amendment is not appealable.

Scope of Approval
a.

Generally. The following procedures apply to all amendments specified in Wis. Stat. § 91.38, or that affect
district boundary lines and provisions other than the Shoreland, St. Croix Riverway, or Floodplain Overlay
districts:
1.

If the amending ordinance makes only the change sought in the petition and if the petition was not subject
to a disapproval resolution by the town boards of a majority of the towns affected at or within 10 days of
the hearing before the CDC, the ordinance is effective on passage.

The County Clerk shall submit all other amending ordinances that affect district boundary lines to the town
clerk of each town with land affected by the amendment. The ordinance shall be submitted in duplicate
by certified mail within 7 days after adoption. The ordinance is effective 40 days after adoption unless the
town boards of a majority of towns affected files with the County Clerk a certified copy of a resolution
disapproving the ordinance. If a majority of town boards approve the ordinance, the ordinance is effective
upon the receipt of the approving town boards resolutions by the County Clerk.

Comprehensive Revision. A comprehensive revision (see subsection 1.b above) may provide that the
existing County zoning ordinance remains in effect for the shorter of up to 1 year or until the revision is approved
by the Town Board. If a Town Board fails to approve the comprehensive revision within 1 year, neither the
comprehensive revision nor the prior County zoning is effective in that town.

Recordkeeping
a.

The County Clerk shall:
1.

record in its office the date when amending ordinances become effective, and

notify the town clerk of all towns of the effective dates, and

make a report to the County Board, which shall be printed in the proceedings of the County Board.

Amending ordinances which affect portions of this chapter which apply to shorelands and floodplains shall be
printed in the proceedings of the County Board.

Effective on: 11/11/2022

15.545 Rezonings
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Purpose: This section establishes processes for the County Board to amend the Zoning Map for a specific property or
area. Three (3) major steps occur:

•
•

The Community Development Committee holds a hearing and makes recommendations to the County Board.

•

In the case of amendments to general zoning outside shoreland and floodplain areas, the affected town board can
veto an amendment adopted by the County Board.

The County Board votes on the proposal. The County Board's vote is subject to a protest petition, which triggers a
supermajority voting requirement.

The procedures in this Section are subject to state law, including Wis. Stats. §§ 59.69, 87.30 and § 91.48
1.

Applicability. This section applies to any change in the district boundaries (also referred to as a "rezoning"), other
than a Comprehensive Revision as defined in § 15.540.

Initiation
a.

A rezoning is initiated by filing a applicationpetition for amendment to this Chapter. A petition for amendment
to this Chapter may be filed by:
1.

any property owner in the area affected by the amendment,

the town board of any town where Chapter is in effect,

any member of the County Board, or

any member of the Community Development Committee (CDC).

The applicant shall present the petition to the County Clerk.

The County Clerk shall refer the petition to the CDC with notice to the County Board.

Upon receipt of the petition, the CDC shall set a time and place for a public hearing on the petition and shall
publish notice of the application.

Completeness. See § 15.515.

Notice
a.

The notice required by Table 15.545.1 applies to any rezoning.

A written notice of the public hearing on any proposed shoreland amendment shall be submitted to the district
office of the Department of Natural Resources at least 10 days prior to the CDC hearing.

The Wisconsin Department of Agriculture, Trade and Consumer Protection shall be notified of all the petitions
to rezone land out of the AG-1 or AG-2 districts by sending:
1.

a copy of the CDC’s hearing notice on the petition, and

the disposition of the petitions, through:

the proceedings of any County Board meeting that involves a vote on the rezoning ordinance), or

a recording of a receipt of town board resolutions on the amendment.
Table 15.545.1 Notice Required for Rezonings
Type
Publication

Mail
Electronic Transmission

Required?

To Whom?

When?

Yes - Class 2

Once each week for 2 consecutive
weeks, with the last notice at least 1
week before the hearing

Yes - certified mail

Town Clerk of each town affected by
the proposed rezoning

10 days before the CDC hearing
7 days after adoption subject to
subsection 9.a.2 below

Optional

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Decision
a.

CDC Action
1.

Public Hearing. The CDC shall conduct a public hearing and shall recommend approval, approval with
modifications, or disapproval of the proposed amendment.

CDC Recommendation

If the CDC action is favorable to the proposed amendment as originally sought in the petition or with
modifications, it shall submit a proposed ordinance with its recommendations to the County Board.

If the CDC action is unfavorable to the petition, the CDC shall report its recommendations of denial
to the County Board along with a statement of its reasons.

The report to the County Board shall contain the CDC recommendations, proof of publication of
the notice of public hearing, proof of notice of hearing to town clerks, and copies of all town board
resolutions that were received.

A copy of the CDC's findings and recommendations on every proposed shoreland amendment shall
be sent to the district office of the Department of Natural Resources within 10 days they are sent to
the County Board.

Town Board Disapproval of CDC Action
a.

If the Town Board of a Town affected by a proposed rezoning submits a certified copy of an
adopted resolution disapproving the proposed change, the CDC shall not recommend approval. The
CDC may only recommend disapproval or approval with modifications.

The resolutions must be filed with the CDC at the time of or within 10 days after the public hearing,
unless an extension is requested pursuant to Wis. Stat. §59.69(5)(e)3m.

This subsection does not apply to amendments to this chapter affecting the Shoreland, St. Croix
Riverway, or Floodplain Overlay districts.

4.3. County Board Action
a.

The Board may notice and conduct a hearing on the proposed rezoning.

The County Board shall:

c.
5.
6.

adopt the ordinance submitted by the CDC or with amendments, or

refuse to adopt the ordinance submitted or amended by the CDC, or

refuse to deny the petition as recommended by the CDC and refer the petition to the CDC with
instructions to draft an ordinance approving the petition and report the ordinance back to the
County Board, which may then adopt or reject the proposed ordinance.

A protest petition may be processed, and has the effect, as provided in Wis. Stat. § 59.69(5)(e)5g

Town Board Disapproval of County Board Action. See subsection 9 below.

Approval Criteria
a.

Generally
1.

A rezoning committed to the County Board’s legislative discretion, and subject to any applicable
requirements of state or federal law.

The rezoning shall be consistent with the Comprehensive Plan. [See Wis. Stat. § 66.1001(3)(j)]

Agricultural Districts (AG-1 & AG-2)
1.

The following standards apply to any petition to rezone land out of the AG-1 or AG-2 districts:
a.

The standards of Wis. Stat. § 91.48, and

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There are adequate public facilities to serve the proposed and potential land use changes that would
be enabled by the rezoning, and

The burdens on the County or Town for providing the needed services to the proposed and potential
land use changes that would be enabled by the rezoning are reasonable, and

The development will not cause unreasonable air or water pollution, soil erosion, or adverse effects
on valued natural areas, and

The soil productivity rating has been considered in the location of the area proposed for rezoning.

These standards shall be read into the record of the meeting of the CDC, the County Board, and the town
board before votes may be taken to approve the rezoning. The report accompanying the County Board
ordinance and the Town Board Resolution of approval, or the ordinance and resolutions themselves, shall
contain findings that the rezoning meets standards in subsection 1 above.

Subsequent Applications. There are no limits on refiling a rezoning.

Appeals. A rezoning is not appealable.

Scope of Approval. The following procedures apply to all rezonings that affect district boundary lines and provisions
other than the Shoreland, St. Croix Riverway, or Floodplain Overlay districts:
a.

The County Clerk shall submit all other rezoning ordinances to the town clerk of each town with land affected
by the amendment. The ordinance shall be submitted in duplicate by registered mail within 7 days after
adoption. The ordinance is effective 40 days after adoption unless the town board files with the County Clerk a
certified copy of a resolution disapproving the ordinance. If the town board approves the ordinance, the
ordinance is effective upon the receipt of the approving town board resolution by the County Clerk.

If the rezoning ordinance makes only the change sought in the petition and if the petition was not subject to a
disapproval resolution by the town board of the town affected at or within 10 days of the hearing before the
CDC, the ordinance is effective on passage.

10. Recordkeeping
a.

The County Clerk shall:
1.

record in its office the date when rezoning ordinances become effective, and

notify the town clerk of all towns of the effective dates, and

make a report to the County Board, which shall be printed in the proceedings of the County Board.

Rezoning ordinances which affect portions of this chapter which apply to shorelands and floodplains shall be
printed in the proceedings of the County Board.

Effective on: 11/11/2022

15.550 Conditional Use Permits
Purpose: Conditional uses are those that have a special nature or impacts, and depend on specific circumstances, such that
it is impractical to determine in advance where or when they should be permitted. This Chapter provides a public hearing
by the Board of Adjustment to determine whether they meet the criteria of this Chapter.
1.

Applicability. This section applies to any use designated as a conditional use by the applicable zoning district, or
any other situation designated by this Chapter as a conditional use.

Initiation

An application for approval of a conditional use permit is filed with the Zoning AdministratorLand Use
Administrator.

Conditional Use permit applications can include single parcels of land or groupings of parcels contiguous or
noncontiguous.

Completeness. See § 15.515.
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Notice
a.

The notice required by Table 15.550.1 applies to any conditional use permit.

The Zoning AdministratorLand Use Administrator shall notify the Wisconsin Department of Agriculture, Trade
and Consumer Protection of any conditional use application involving lands in the AG-1 and AG-2 Districts, by
sending the Department:

a copy of the hearing notice published for the application, and

the disposition of the application through a copy of the Board of Adjustment's written decision.

When the matter concerns the Shoreland Overlay (SO), Lower St. Croix Riverway (SCR) or Floodplain
Overlay (FO), the Board shall submit to the Wisconsin Department of Natural Resources:
1.

a copy of the notice and application so that it is received at least 30 days before the hearing, and

a copy of the decision within 10 days after it is rendered.
Table 15.550.1 Notice Required for Conditional Use Permits
Type
Publication
Mail

Electronic Transmission

Required?

To Whom?

When?

Yes - Class 2

Once each week for 2 consecutive
weeks, with the last notice at least 1
week before the hearing

Optional

Decision
a.

Public Hearing. The Board of Adjustment shall hold a public hearing. Upon the hearing, a party may appear
in person or by agent or attorney.

Time to Act Upon Application. The Board shall act on an application in the manner described above within
90 days of receiving the application unless information is required by the Board as provided below.

Action. After the hearing is closed, the Board will approve, approve with conditions, or deny the conditional
use permit.

Determination in Writing
1.

The conditions of approval or reasons for disapproval shall be stated in writing by the Board of Adjustment
and made a permanent part of the minutes.

The Board shall produce its decision in writing within 10 days after its decision, stating its reasons for the
action. The Zoning AdministratorLand Use Administrator shall provide the written decision to the applicant.

Majority Rule. A majority vote of the board of adjustment is required to decide in favor of the applicant.

Requests for Additional Information. Before passing upon an application for a conditional use, the Board
of Adjustment may require the applicant to furnish further relevant information (see Submittal Requirements,
§ 15.590). The requirement may apply to specific points or may include an environmental impact statement as
described in the Submittal Requirements.

Written Decision. The Board shall render its decision in writing, setting forth the findings of fact and
conclusions of law.

Approval Criteria. The Board of Adjustment shall approve a conditional use if it finds, based on substantial
evidence, that it complies with all of the following standards or can be made to comply with reasonable conditions:
a.

The proposed use complies with all applicable standards of the zoning district, the Development Standards, and
any applicable Use Regulations.

The proposed use will not cause a reduction of the property values in the affected neighborhood. For purposes
of this section, the “affected neighborhood” includes any area within:
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A contiguous residential subdivision, and

Any other area where a person demonstrates that their property would be adversely affected by the
proposed conditional use.

The proposed use would not constitute a nuisance by reason of noise, dust, smoke, odor, lighting, water or air
contaminants, traffic, stormwater runoff quantity or quality, pests, or similar factors.

The use does not violate the spirit or intent of this chapter.

The use is not contrary to the public health, safety or general welfare.

The following conditional uses in the AG-1 and AG-2 zoning districts shall meet appropriate criteria from Wis.
Stat. §91.46(5):
1.

Community Garden.

Community Supported Agriculture.

Hiking, Biking and Bridle Trails.

Museum.

Club or Lodge.

Religious Institution.

Historic or Natural Resource.

Private One-Room Schoolhouse.

Subsequent Applications. There are no limits on refiling a conditional use permit.

Appeals. A conditional use permit is not appealable to a County agency. An applicant or aggrieved party may
commence an action pursuant to Wis. Stat. § 59.694(10).

Scope of Approval
a.

Generally. The land use and structures permitted and the conditional use approved apply only to the
structures, use and property described in the approved conditional use permit application, subject to any
modifications approved by the Board of Adjustment.

Conditions. The Board of Adjustment may make the granting of an application for a conditional use contingent
upon express conditions as it considers necessary to comply with the criteria listed in subsection 6 above. These
conditions may include, but are not limited to, specifications of:
1.

The period of time in which all or part of the use may be permitted.

Increased setback and yard dimensions.

Specified sewerage disposal and water supply facilities.

4.
5.

Specified stormwater management facilities.
Lighting control.

Screening and landscaping

Location and design of property access.

Operational control.

Sureties.

10. Deed restrictions.
11. Location of docks, piers or other structures, signs, etc.
12. Location and amount of parking facilities.
13. Type of construction.
14. Type of shore cover.

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Termination. Where a conditional use does not continue in conformity with the conditions of the original
approval, the Board of Adjustment may terminate the use after a public hearing and notice to affected parties.

10. Recordkeeping. The Zoning AdministratorLand Use Administrator shall retain a record of any approved conditional
use, along with all conditions of approval. The applicant shall maintain the record as certified by the Zoning
AdministratorLand Use Administrator at the location of the conditional use.
Effective on: 11/11/2022

15.555 Land Use Permits
Purpose: Land Use Permits are required to provide for the administrative review of compliance with this Chapter, and where
specifically required by individual sections of this Chapter. Land Use Permits do not require a public hearing but are
appealable to the Board of Adjustment.
1.

Applicability. This section applies to any use or situation that requires a land use permit by the applicable zoning
district, use regulation, or any other situation where this Chapter requires a land use permit.

Note: this Chapter requires a land use permit for the following uses or situations:

•

Agricultural Entertainment or Farm Exhibition anticipated to have attendance of more than 100 persons during
a 24-hour period (§ 15.315)

•
•
•
•
•
•
•
•
•

Animal Waste Storage Facility (Code of Ordinances, Chapter 11)

•
•
•
•
•
•
•
•

Mobile support structures, radio broadcast services and facilities, and co-locations (where required by § 15.365)

Asphalt Plant that is limited in duration to the project in which its products are used
Contractor Storage Yard
Farm Exhibition
Filling, Draining, or Dredging of Wetlands
Floodplain development (where indicated by the Floodplain Overlay District ordinance)
Grading & Filling, 12-24.9% Slopes (§ 15.415)
Livestock Facilities (where required by § 15.360)
Lower St. Croix Riverway District development (where indicated by the Lower St. Croix Riverway District
ordinance)
Museum
Nonmetallic Mining Operations (Code of Ordinances, Chapter 14)
Private One-Room Schoolhouse
Shoreland Overlay development (where indicated by the Shoreland Overlay District ordinance)
Signs (where required by § 15.380)
Small Wind Energy Systems
Temporary Occupancy (§ 15.390)

Initiation. An application for approval of a land use permit is filed with the Zoning AdministratorLand Use
Administrator.

Completeness. See § 15.515.

Notice. Notice of the application is not required, unless specifically required for the use or situation by this Chapter.

Decision
a.

Consideration of Application. The Zoning AdministratorLand Use Administrator shall review the application
for a land use permit when it is complete.

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Time to Act Upon Application. Unless otherwise provided for the specific use or situation, the Zoning
AdministratorLand Use Administrator shall approve, approve with conditions, or deny the application within 30
days of receiving a complete application.

Determination in Writing. The Zoning AdministratorLand Use Administrator shall certify approval of the
permit on the application and state anythe conditions of approval or reasons for disapproval in writing on the
application or in an attached document.

Requests for Additional Information. Before passing upon an application for a land use permit, the Zoning
AdministratorLand Use Administrator may require the applicant to furnish further relevant information (see
Submittal Requirements, § 15.590).

Approval Criteria. The Zoning AdministratorLand Use Administrator shall approve a land use permit if the proposed
use complies with all applicable standards of the zoning district, the Development Standards, and any applicable Use
Regulations.

10. Subsequent Applications. There are no limits on refiling a land use permit.
11. Appeals. A land use permit appealable to the Board of Adjustment as provided in § 15.560.
12. Scope of Approval
a.

Generally. The land use and structures permitted and the use approved apply only to the structures, use and
property described in the approved land use permit application, subject to any modifications approved by the
Zoning AdministratorLand Use Administrator.

A land use permit shall commence within one year and be completed within two years of permit issuance. If a
permitted activity is not completed within two years, the applicant must reapply for a new land use permit
before continuing with the activity.be made use of within one (1) year from the date the permit is approved. If
the applicant has not initiated the use within one year of approval, the applicant may apply for up to two (2)
six-month extensions. The first extension must be applied for prior to the expiration date of the permit. The
second extension must be applied for prior to the expiration of the first extension. The applicant must submit
the appropriate permit extension fee and documentation to the Zoning AdministratorLand Use Administrator.

Termination. Where a use does not continue in conformity with the conditions of the original approval, the
Zoning AdministratorLand Use Administrator may initiate an Enforcement action (see § 15.765).

13. Recordkeeping. The Zoning AdministratorLand Use Administrator shall retain a record of any approved use or
development, along with all conditions of approval. The applicant shall maintain the record as certified by the Zoning
AdministratorLand Use Administrator at the location of the conditional use.
Effective on: 11/11/2022

15.560 Appeals
Purpose: This section establishes a process for the Board of Adjustment to consider an appeal from an administrative official
in administering or enforcing this Chapter.
1.

Applicability. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer,
department, or board or bureau of the county affected by any decision of the Zoning AdministratorLand Use
Administrator, or other administrative officer.

Initiation
a.

The appeal shall be taken within a reasonable time, as provided by the rules of the Board of Adjustment.

The applicant shall file a notice of appeal specifying the grounds for the appeal with the officer from whom the
appeal is taken and with the Board of Adjustment.

The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers
constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from, in accordance with Wis. Stat. §
59.694(5).
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Completeness. See § 15.515.

Notice. The notice required by Table 15.560.1 applies to any appeal.
Table 15.560.1 Notice Required for Appeals
Type

To Whom?

When?

Yes - Class 2

Once each week for 2 consecutive
weeks, with the last notice at least 1
week before the hearing

Signs

Mail

Optional

Publication

Electronic Transmission

Required?

Decision
a.

Public Hearing. The Board of Adjustment shall hold a public hearing and render a decision as provided below.

Action
1.

After the hearing is closed, the Board may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from, and may make the order, requirement, decision or
determination as ought to be made, and to that end shall have all the powers of the officer from whom
the appeal is taken.

The Board shall render its decision within a reasonable time.

A majority vote of the Board of Adjustment is required to reverse any order, requirement, decision or
determination of any an administrative official, or to decide in favor of the applicant.

Written Decision. The Board shall render its decision in writing, setting forth the findings of fact and
conclusions of law.

Approval Criteria. The Board of Adjustment may approve the appeal if the decision subject to the appeal:
a.

Is the result of an incorrect interpretation of this chapter, or

Would violate Wisconsin or federal statues, or

Would violate the applicant’s state or federal constitutional rights..

Appeals. A Board of Adjustment's decision is not appealable. An applicant or aggrieved party may commence a
Writ of Certiorari n action pursuant to Wis. Stat. § 59.694(10).

Scope of Approval. If the appeal is approved:

the applicant may apply for any permits or approvals required for development or establishment of the use,
building or structure, as provided in this Chapter and any order, requirement, decision or determination of the
Board of Adjustment, or

if the appeal challenges an administrative action, the administrative action is terminated or reversed in
accordance with the order, requirement, decision or determination of the Board of Adjustment.

Recordkeeping. The Zoning AdministratorLand Use Administrator shall retain a record of any approved
appeal. The applicant and appellant shall maintain the record as certified by the Zoning AdministratorLand Use
Administrator.

Effective on: 11/11/2022

15.570 Variances
Purpose: This section establishes a process for the Board of Adjustment to vary a standard of this Chapter that is proven
to create unnecessary hardship.
1.

Applicability. This section applies to any request for a variance from this chapter.

Initiation.
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The variance application shall be filed as an appeal (see § 15.560.2).

Completeness. See § 15.515.

Notice.
a.

The notice required by Table 15.570.1 applies to any variance.

When the matter concerns the Shoreland Overlay (SO), Lower St. Croix Riverway (SCR) or Floodplain Overlay
(FO), the Board shall submit to the Wisconsin Department of Natural Resources:
a.

a copy of the notice and application so that it is received at least 30 days before the hearing, and

a copy of the decision within 10 days after it is rendered.
Table 15.570.1 Notice Required for Variance
Type
Publication

Required?

To Whom?

When?

Yes - Class 2

Once each week for 2 consecutive
weeks, with the last notice at least 1
week before the hearing

Optional

Mail
Electronic Transmission

Decision
a.

Public Hearing. The Board of Adjustment shall hold a public hearing and render a decision as provided below.

Action
1.

After the hearing is closed, the Board may authorize or deny the variance.

The Board shall render its decision within a reasonable time.

A majority vote of the Board of Adjustment is required to reverse any order, requirement, decision or
determination of any an administrative official, or to decide in favor of the applicant.

Written Decision. The Board shall render its decision in writing, setting forth the findings of fact and
conclusions of law.

Conditions. In granting a variance, the Board of Adjustment may prescribe appropriate conditions and
safeguards that conform with the purposes of this Chapter.

Approval Criteria
a.

The Board of Adjustment may approve the variance if the property owner demonstrates that the application
complies with the requirements of Wis. Stat. § 59.694(7)(c).

A variance shall not be granted unless the following three variance criteria are met: unnecessary hardship,
physical property limitations, and not contrary to public interest.

b.c. Use Variances are prohibited.:
1.

Be granted for a hardship based solely on an economic gain or loss, or

Be granted for a hardship which is self-created, or

Damage the rights or property values of other persons in the area, or

Allow any alteration of an historic structure, including its use, which would preclude its continued
designation as an historic structure,

Allow in any district uses not permitted in that district, or

Otherwise violate Wisconsin law.

Appeals. A Board of Adjustment's decision is not appealable to a County agency. An applicant or aggrieved party
may commence a Writ of Certiorarin action pursuant to Wis. Stat. § 59.694(10).

Scope of Approval. If the appeal is approved:
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the applicant may apply for any permits or approvals required for development or establishment of the use,
building or structure, as provided in this Chapter and any conditions of the variance and any provisions of this
Chapter not affected by the order authorizing or denying the variance

9.8. Recordkeeping. The Zoning AdministratorLand Use Administrator shall retain a record of any approved
variance. The applicant shall maintain the record as certified by the Zoning AdministratorLand Use Administrator.
Effective on: 11/11/2022

15.571 To 15.574 Reserved.
Effective on: 12/1/2019

SUBMITTAL REQUIREMENTS
Contents:
15.575 General Provisions
15.580 Technical Plans or Studies
15.585 Digital applications
15.590 Application Checklists
15.595 Fees
15.596 To 15.599 Reserved.

15.575 General Provisions
This Subchapter establishes the information that applications must include in order to be considered complete for review
under the Procedures.
Effective on: 12/1/2019

15.580 Technical Plans or Studies
Purpose: In the administration of this chapter, the various boards and committees which are assigned decision-making
responsibilities will occasionally confront proposed land use changes which have unusually significant consequences. or
which arouse unusually high levels of citizen interest. In those cases, the decision maker may find that the procedures
specified in the sections of this chapter which govern the case do not allow a full and complete examination and articulation
of the environmental and other impacts of the proposed change in use. This situation is expected since those procedures are
generally tailored to the more average or routine cases and are designed to balance the need of the board or committee
for information against the burdens which a more complete procedure imposes upon landowners. Therefore, this
section provides a special procedure to handle more complex cases or applications.
1.

Applicability. This section applies to:
a.

Proposed amendments to the County land use regulations governed by subchapter §§ 15.540 and 15.545.

Proposed conditional uses.

Variances and appeals governed by this section.

Proposed minor or full subdivisions to which the suitability standards of § 13.7.J of the subdivision regulations
are applied.

A determination that Impact Studies are Needed
a.

The board or committee which has before it a matter listed in this subsection may, for reasons stated in a
written determination, decide that the particular application, petition or matter raises unusually significant
questions of impact. (environmental or other) or that an unusually high level of citizen interest is evidenced in
the proposed use, change or amendment, or both. The determination shall be followed by adoption by the
board or committee of a resolution in which it shall set forth the impact questions on which it requires research,
data, and input from affected or interested persons.

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The listing of impact questions can include items of data that this chapter already enables the board or
committee to obtain, or it may include additional items of information that are relevant to the impact questions
specified in the resolution.

The request resolution may also assign responsibility for the acquisition of data on the specified impact questions
to County agencies or officials, or to officials or agencies in other units of government who have or may be
willing to assist or to the developer or applicant.

The resolution may set:
1.

a date for the return of the requested data and information, and

the format in which the data is to be presented.

Hearings on the Impact Studies
a.

Following the return to the board or committee of the data called for in the resolution adopted under subsection
2 above, the board or committee shall cause the information to be compiled in the form of an impact report.

The board or committee shall make the report available for scrutiny by the applicant or petitioner and by other
interested persons or agencies and shall schedule and hold a public hearing on the findings of the report.

The hearing shall be preceded by a Class 2 notice under Wis. Stat. Ch. 985.

The board or committee shall afford persons attending the hearing an opportunity to comment on the report
and to make recommendations as to the weight which the board or committee should give to the report or data
in deciding the matter pending before it.

Suspension of Time Limits to Allow for Impact Study and Review
a.

Prior to commencing activities under this Section, the board or committee shall consult the sections under which
it is operating and its legal counsel to determine the time limits, if any, which are placed upon its deliberations
on the matter before it.

Those time limits which are not specified in State law and which do not permit the board or committee sufficient
time to conduct an impact review under this section may be suspended by passing the resolution described in
subsection 2. This supersedes any contrary provision of this chapter.

If the time limits set by State law conflict with the availability of reasonable time for an impact review, the board
or committee may formally request that the applicant consent to a reasonable and adequate extension of time.

Effective on: 11/11/2022

15.585 Digital applications
Applications plans may requireshall include a digital copy with different improvements and requirements shown on separate
layers. The digital file shall may be provided in *.DXF or *.DWG format compatible with AutoCAD or other software
prescribed by the Zoning AdministratorLand Use Administrator.
Effective on: 12/1/2019

15.590 Submittal Requirements and Application Checklists
1.

Generally
a.

Table 15.590.1 provides the submittal information required for rezonings, conditional use permits, land use
permits, appeals and variances.

b.
b.c. If Table 15.590.1 requires the same information for two separate applications, the information is required only
once for one of the applications. If the information is revised and the applications are approved in sequence,
the revised information is required for the successive application.

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Table 15.590.1 Submittal Requirements
Item

Text
Amendment

Rezoning

Conditional Use
Permit

Land Use
Permit

Appeal

Variance

General
Property Owner

Contractor/Agent

Contact information for property owner and
contractor/agent (mailing address, daytime phone and
mobile number, email)

Site Address

Property Location (Town, township, section and range)

Computer number

Parcel number

Application fee

Proof of ownership/ Letter of Representation
(provide most recent tax bill from County Treasurer’s
office)

For adjoining property (including property across
roadways), names and mailing addresses of property
owners

Concurrent or related applications (e.g., Rezoning,
Conditional Use permit, Land Division, Variance)

Existing Conditions
Area subject to application (acres)
Metes and Bounds description or boundary description
(prepared by a registered land surveyor)

Recorded Warranty Deed

Signature indicating that the plan was prepared by
a registered surveyor (unless waived by the Zoning
AdministratorLand Use Administrator)

Project location in the town

Lot/parcel dimensions with total lot area, property lines
and all applicable setbacks

Location of existing access roads, right-of-way, road
setbacks, and recorded easements

Topographic map (minimum of 2-foot contoursif
applicable)

Pre- and post-contours with grading limits (minimum
2-foot contours) (For land disturbance activities)

Location of all existing and proposed structures and
their square footage and distance from setbacks

Existing zoning district

Any Farmland Preservation agreement for the site

Aerial Photo (from County website)

Scaled map with exact boundaries of subject parcel

Proposed Development
Proposed zoning district

Drawing of short term or long term plans for the
property identifying future use, density, layout, etc.

Use requested
Site Plan

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Table 15.590.1 Submittal Requirements
Conditional Use
Permit

Land Use
Permit

Location of existing and proposed POWTS, wells,
driveways, parking areas, access, signs, and other
features

Location and type of landscaping and trees as needed
to determine compliance with § 15.420.

Location of navigable waterways with accurate OHWM,
delineated wetlands, floodplains, bluff lines, slopes in
excess of 12%, wooded areas, and any other unique
limiting conditions of the property

Location of slopes 2012% and greater (minimum
contours to be determined by the Zoning
AdministratorLand Use Administrator)

Blufflines and slope preservation zones (Riverway) and
setbacks from blufflines

Location of the OHWM of any abutting navigable
waterways and all setbacks from the OHWM

Item

Text
Amendment

Rezoning

Appeal

Variance
*
*

Location and landward limit of all wetlands,
specifications and dimensions for areas of proposed
wetland alteration

Existing drainage easements and featuresand proposed
topographic and drainage features and vegetative
cover

Location of floodplain and floodway limits on the
property

Any other unique limiting conditions of the property or
information deemed necessary by the Zoning
AdministratorLand Use Administrator

Analyses
Written analysis of how application complies with the
approval criteria in Procedures

Intersection Warrants Analysis if required, as
prescribed by County Highway Department

Sanitary and Well FacilitiesStatement of whether a
private water or sanitary system is to be installed

Grading plan showing grading limits and pre and post
contours

Project schedule and contractor list

Erosion control plan (If applicable)Best Management
Practices)

Detailed drawings (scale not greater than 1" inch =
1200')

Storm water management plan stamped by an
engineer and including all runoff calculations

Vegetation plan including schedule, seeding rates, and
species size, type and location

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Agenda Watch · Sep 20, 2026

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Sep 20, 2026 Filed on the Docket
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